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The Mid-Nineteenth-Century Temperance Movement in New Brunswick and Maine (1954)

J. K. Chapman unknown

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Repository Citation Chapman, J. K., "The Mid-Nineteenth-Century Temperance Movement in New Brunswick and Maine (1954)" (1954). Academic Literature and Research Reports. 10. https://digitalcommons.library.umaine.edu/maine_women_acad_all/10

This Article is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Academic Literature and Research Reports by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. The Mid-Nineteenth-Century Temperance Movement in New Brunswick and Maine

J. K. Chapman

The Canadian Historical Review, Volume 35, Number 1, March 1954, pp. 43-60 (Article)

Published by University of Toronto Press

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[ Access provided at 14 May 2020 19:55 GMT from Fogler Library at the University Of Maine ] THE MID-NINETEENTH-CENTURY TEMPERANCE MOVEMENT IN NEW BRUNSWICK AND MAINE

J. K. CHAPMAN OWHEREdid the attemptto introducetemperance into NorthAmerica during the mid-nineteenthcentury produce a sharperconflict than in Maine and New Brunswick.• In thelate fortiesand early fifties this region became a focalpoint of a crusadeagainst "strong drink," which, having begun as a religious movementof moral reform,became a powerfulpolitical force seekingto imposeits will on the community.New Brunswickhad a provincialtemperance society in 1850,•' two yearsbefore the foundingof a statetemperance society in Maine, but it was from Mainethat provincialadvocates of enforcedabstinence drew much of theirinspiration and encouragement, asthe followingpages will show. Beforethe late eighteen-twentiesthere were few in Maine or New Brunswickwho were aware of anymoral and socialimplica- tionsin heavydrinking. In olderNew Englanda reactionto in- temperancehad begunabout the turn of the century,but for a generationit wasa spasmodicand unorganized movement among clergymenwho found it difficultto savesouls whose mortal shells wereimmersed in alcohol.It foundformal expression in the Ameri- can TemperanceSociety, founded in Bostonin 1826.As laymen becameinterested in temperance,the movementgrew more secular in outlook,and excessivedrinking began to be consideredin the light of its effectsupon society. a These developments, as well as the differences which arose within the movement between "tem- perance"men and "totalabstainers," and between"moral suasion- ists"and thosewho desiredrestrictive legislation, were reflected duringthe growthof organizedtemperance agitation in New Brunswick and Maine. Here,as elsewherein NorthAmerica, heavy drinking had long beenaccepted as an integralfeature of everydaylife. Therewere severalfactors which tended to reinforcethe hard-drinkinghabits •The writer wishesto acknowledgethe usefulnessof Miss Ruth Nicholson'sre- searchin this field.See her unpublishedM.A. thesis,"Maine-New Brunswick Rela- tions1887-1849," University of New Brunswick,1958. •'JamesHannay, History o[ New Brunswick( Saint John, 1909), I, 447. aThedevelopment of the temperancemovement in the UnitedStates before 1851 hasbeen hilly describedby J. A. Krout,The Originso[ Prohibition(New York, 19•5).

48 THE ,CANADIAN HISTORICAL REVIEW of the people.Maine and New Brunswickwere frontier areas whose basicindustry was lumbering,4 an expandingindustry and one whichwas notorious for its relianceupon rum. Moreoverrum was a vital commodityin the tradeof the regionwith the WestIndies andwas received in exchangefor lumberand fish. Import duties on alcoholicbeverages provided a significantpart, indeedfor many yearsa majorpart, of governmentrevenues. 5 Of greatimportance in New Brunswick was the revenue derived from customs duties which,at leastuntil 1857,provided all but a fractionof th• funds at the disposalof the Assembly.There can be smallwonder, then, that there waslittle inclinationon the part of businessand com- mercialinterests to deplorethe existenceof a trade so basicto their prosperity,or on the part of assemblymento interferewith the sourceof provincialsolvency or with their own independence of the authorityof the Crown. Alcohol,in oneform or another,occupied an importantplace in the community.ø "Spirits, especially rum, wasvery cheap,and the duty being only thirty centsa gallon,everyone could afford to drinkit. TM A rumration was part of the wagespaid to workers,for an employerwho did not providerum found it hard to obtain 4After1820 greaterattention was paid to agriculturebut that industryhad never beenseparable from lumberhagand eventoday many small farmers in the lessfertile areascombine both occupations. 5In 1824 customsduties levied by the New Brunswicklegislature provided œ80,682out of a total revenueof œ44,670.The greaterpart was derivedfrom spirits,and rum aloneproduced œ17,000 (see P.R.O., C.O. 198/7). In 1881,duties on rum producedœ 12,000 out of a total provincialrevenue of œ82,989(see P.R.O., C.O. 193/14). Even in 1841,a year of large-scaleillicit importsof spiritsbecause of high duties (see Journal,House of Assemblyof New Brunswick,1841, 56, 152), œ20,000was collectedon spiritsfrom dutieslevied underprovincial Acts aloneand several thousand pounds under authority of Actsof Parliament(see P.R.O., C.O. 198/24). øTheamount of rum and otherspirits consumed in New Brunswickduring the earlydays of the temperancemovement may be roughlyestimated through calcula- tionsbased on the populationof the provinceand the net importsof spiritsinto the colony.For example,in 1858,with a populationof 100,000(P.R.O., C.O. 195/15), 271,000gallons of rum and42,000 gallons of otherspirits were legally available for consumption(figures given to the nearestthousand gallons), thus providing for a per capita consumption,respectively, of 2.7 and .42 gallonsfor the year. Similar annualfigures for the late twentiesand earlythirties may be calculated,the volume of spiritsimported and exported being secured from the appropriateNew Brunswick "BlueBooks," P.R.O., C.O. 198/12,18, 14, 15, 16. Thesefigures would indicate that ff all the adultmales drank, say one in sevenin thosedays of largefamilies, then theiraverage annual consumption of legally imported spirits during the periodwould be aboutseventeen gallons, mostly of undilutedrum. 7JamesHaunay, Life and Timesof Sir LeonardTilley (Saint John,1897), 214. The dutyin 1881was one shilling per gallonunder provincial Act andsix pence underAct of Parliament(P.R.O., C.O. 198/14). TEMPERANCE IN NEW BRUNSWICK AND MAINE 45 labourers.At elevenin the morningand four in the afternoona churchbell wasrung and all workstopped for the rum dole?Rum wasreported to be the chiefarticle sold in countrystores and many shopkeeperskept stocksof liquorto treat customersand induce themto buy othergoods. The little town of Calais,Maine, had nine legitimate"rum holes"and liquor was soldin many cellars withoutbenefit of licence."The use of liquorwas considered neces- saryto happiness,ff not to actualexistence .... Rumwas supposed to be an infallible cure for nearly every ill that fleshis heir to, nothingcould be doneat that timewithout its use? Everyfestive occasioncalled for heavydrinking; the fishrun in spring,a barn raising,military parades, a Fourthof July,or a "GloriousTwelfth." The lumbererswere an especiallyintemperate element in the community.They drank great quantitiesof undilutedrum, and, after the winter work was doneand the springdrive over,they "passedsome weeks in idle indulgence,drinking, [and] smoking. "•ø Sincelumbering was the main industryin both Maine and New Brunswick,the habits of the woodsmenexerted a considerableinflu- ence upon the rest of the community.Henry Clubb of Maine reportedin 1856: The lumber interestemploys many of the bone and muscle (undeveloped morally and intellectually) of society,who are kept in the forest and on the river in a semi-savagestate; away from the restrainingand refining interests of good society.They are wild men, and like certain animals (upon which they feed, by the way) are fond of swill and will root if not rung. This kind of societyhas its demandsand there are always enoughto meet them with the supply.xx It is scarcelysurprising that the peopleof Maine and New Brunswickbegan to connectthis widespread consumption of liquor with problemsof economicdepression and high ratesof crime,or thatthe advocates of temperanceexpected a great reform in society fromthe successof their crusade.Neal Dow, a prominentMaine temperanceleader, stated, "No personcould fail to noticethe generalpoverty of thisstate,... andmuch of the povertywas the directresult of the generaldistribution of the trafficin liquor."•2 "It wasthe regularthing-rum, slotlffulness, poverty and lawless- 8FredM. Dow, "The Historyof Prohibitionin Maine,"Americana, XXIII (1980), 184. 9Hannay,Life and Timesof Sir LeonardTilley, 218. •OJohnMacGregor, British America (Edinburgh, 1852), II, 802. 11HenryS. Clubb, The Maine Liquor Law: Its Origin, History, and Results, Includinga Life of Hon. Neal Dow (New York,1856), 211. l•'Neal Dow, The Reminiscencesof Neal Dow (Portland,1898 ), 176. 46 THE ,CANADIAN HISTORICAL REVIEW ness."la Dow had been director of th• Portland alms-houseand was muchimpressed with the connectionbetween drunkenness and poverty.Of 975 personsexamined at the Auburn(Maine) State Prisonin 1836,786 were intemperate and 589 were committed for deedsdone under the influenceof strongdrink? 4 A legislativecom- mittee on licencelaws in Maine reportedthat poverty,a large numberof crimes,and lossof propertywere causedby drink?* In New Brunswick,drunken electionriots, the result of free "booze" handedout by politicians,had becomea menace.A GrandJury reportedin 1849: We fully concurwith his Honour[Mr. JusticeParker] in believingintemperate drinkingto have been the chief incitementto the commissionof most of the offenceswhich we havebeen called upon to enquireinto. And believingalso that drunkennessis everywherethe parent of other crimes,we hold it to be the duty of every member of societyto assistin devisingand carryingout plansfor the eradicationof this greatevilA 6 The merchantsand shipownersof SaintJohn sent a memorialto British underwriters,shipowners, and shipmasters,pointing out That the experiencewe have had in the managementof our shipping. . . clearlyproves to us that the improvementin our Building... hasnot tended more to the safety and characterof our Shipsthan has the introductionof TemperancePrinciples on board many of them.... The adoptionof Tem- perance Principles on board all British and Colonial Ships would tend, frequentlyvery materiallyto reducethe length of voyage,. . . the character of our Seamenwould be improved,and our MercantileMarine body be sober and well behaved, instead of what they heretofore too much have been, drunkenand disorderly? One of the chief motivationsof the temperancemovement was thusa practicalone: the desireto curb economicloss and crime arisingout of drunkenness.But thetemperance cause was strength- ened,and its appealbroadened, by the spiritualtinge derived from whole-heartedchurch support, as well as throughbeing linked with otherrelief and reformmovements: anti-slavery in Maine,and immigrantrelief in that stateand in New Brunswick.There was also an idealistic element in the movement, a desire to remove povertyand vice and to protectthe socialorder. Neal Dow ex- pressedthis attitudethus: "We would not prohibitthe sale of ardentspirits because it is inconsistentwith ourreligious and moral obligations,. . . but becausethe trafficis inconsistentwith our lalbid., 172. 14New-BrunswickCourier ( SaintJohn), March 4, 1887. •aMaineFarmer (Augusta), May 2, 1840. •6New-BrunswickCourier, Jan. 27, 1849. •7Ibid.,March 18, 1848. TEMPERANCE IN NEW BRUNSWICK AND MAINE 47 obligationsas citizensof the state,and subversiveof our social rights and civil institutions."•8 The temperancecrusade was a middle-classand respectablemovement from the beginning.In time it grewstrong enough to securethe attentionof the political partiesand to warrantlegislative support. Temperanceworkers in the earlyperiod stressed personal absti- nence and the idea of "moral suasion" to achieve their ends. The workwas promoted, and largely managed, by clergymen.But pro- gresswas slow and discouragingand soonmany came to feel that temperancecould only be achievedthrough legislation. This was demonstratedin Maine in 18•37,when a new Maine Temperance Unionwas formed, led by GeneralJames Appleton and Neal Dow. Conditionsof membershipwere the signingof a pledgeof total abstinence,and a statedbelief in legalpersuasion. The changeto the new principlecame more slowly in New Brunswickand moral suasionwas never completely discredited. Even as late as 1849the previouslymentioned Grand Jury stated:"No goodneed be ex- pected. . . fromwithholding in everycase the licenseto sellsuch liquors,as this wouldbe sureto increasethe consumptionof them.... To our pulpitsand schools,aided by the examplesof parentsand guardiansmust we look,rather than to specialenact- ments,for a diminutionof the varioussorts of intemperancewhich nowso fully abound. "•9 The switchin emphasisfrom personalabstinence to a demand forprohibitive legislation was supported by thechurches. A meeting of the BowdoinhamAssociation of Maine, in 18•39,resolved, "That the manufactureand useof all intoxicatingdrinks be legallysup- pressed,and these alarming and formidable obstacles in the way of our country'speace and happinessand the successof the Gospel, may be removedforever. "2ø But despitethe endorsementof the churchesthe natural result of thechange in stressto legalpersuasion wasthat the movement,of necessity,became more secular, and thepolitician rather than the minister became the leader. Appleton, of theMaine Society, was a candidatefor governorof the stateand SamuelLeonard Tilley, the headof the movementin New Bruns- wick, was a risingprovincial politician. In 1840,the WashingtonianSociety was formedin Baltimore.•'• It made its appealdirectly to the drunkard,and accomplished spectacularreforms. Many of the techniquesused were thoseof •SN.Dow, Reminiscences,246. •gNew-BrunswickCourier, Jan. 27, 1849. 20HenryBurrage, History oI the BaptistsoI Maine (Portland,1904), 295. 2•Krout,Origins of Prohibition,182. 48 THE CANADIAN HISTORICAL REVIEW the religiousrevival. Washingtonians waged a fiercewar against "liquidfire and distilleddamnation." The movementwas popular and greatlystimulated temperance interest both in Maine and New Brunswick.Huge crowdsattended their public meetingsf'•' While the Washingtonianmovement died out in aboutfive years, the impetusit had givento temperancein Maineand New Bruns- wick remained. By the earlyforties concrete results of the temperanceagitation beganto be apparent.In Mainethe city of Portlanddecided in 1842 to grantno furtherlicences for the saleof liquor.Local option laws becamefrequent throughoutthe state. Variouspetitions were printed and circulatedpleading with the state legislaturefor a stringentliquor law. In 1846one suchpetition, reputedly bearing fortythousand signatures, was laid before the legislature.The result wasthe passagein that yearof a law prohibitingthe saleof liquor for beveragepurposes except in amountsgreater than 29 gallons. By this meansit washoped to discourageworking men from in- temperancefor, obviously, they could not afford to purchasealcohol in suchlarge quantities.However, enforcement of the law was weak and it remained an ineffectual measure. Meanwhiletemperance activity flourished in New Brunswick. Societiessprang up in Fredericton,Dorchester, Chatham, St. Stephen,and St. Andrewsand temperancesoirees and teaswere very popularf'a The movementwas well representedin the pro- vincialpress, especially by the Telegraphof SaintJohn. In 1848 an Americanlecturer, named Ryder, toured the province and at Frederictonnearly five hundred people joined the localtemperance societyafter his meetings.Progress was evidently being made for it wasreported that, "Thanksto the healthytone of moralswhich hasbeer/ introduced through the influenceof Temperanceprin- ciples,it is not nowreckoned creditable to kill time in the tavern."•'4 Thatthe movement had also achieved some stability is demonstrated by the fact that societiesoften organized themselves into joint stockcompanies, acquired property, built temperancehalls, and collected extensive libraries. But it was not until 1847 that interest 2Cne suchgathering near Calais was described in the localpaper in theseterms: "TheWashingtonJan celebration on Wed.last surpassed everything of the kindever knownin the townbefore. There were between four andfive thousand people at thegrove to whichthey adjourned because the churchwas not large enough for the womeneven." Calais Advertiser, July 18, 1848. 2aAecountsof these roundings and social events may be foundin anyof the local papersof the periodwhich survive, especially in the New BrunswickReporter and the Telegraph. a4NewBrunswick Reporter (Fredericton), Dec., 1848. TEMPERANCE IN NEW BRUNSWICK AND MAINE 49 in the temperancecrusade in New Brunswickapproached that in Maine. One importantaspect of the movementin the provincewas the part playedby the Irish Catholics.In New Brunswickthe Irish AbstinenceSociety was one of the mostvigorous groups connected with the causeand its brancheswere especiallyactive from 1841 to 1845.Many of the immigrantshad beeninfluenced by Father Mathew,the greattemperance crusader in Ireland,and brought their principleswith them.They helpedin foundingthe St. Croix CatholicTemperance Society in Calais,Maine. But in the greater part of Maine the Irish were regardedas the chief enemiesof temperanceand "Irish"was almost synonymous with "rumseller."" The temperancecrusaders had of courseto meetthe opposition of the liquorinterests. The latter couldnot be expectedto enioy havingtheir businesses attacked as being "accursed and nefarious," their best customersreformed, or most serious,their retail outlets dosed.They foughtthe prohibitionistsin everyway possible.As the questionentered the realmof politicsmore strife was aroused. Sincethe movementhad the greatersuccess in Maine,it washere that themost bitterness occurred. Wealth was generally on the side of liquor becauseof its connectionwith the West Indies trade. Rumsellerswere oRen the mostprosperous and influentialmen in the community.Liquor venders in varioustowns and citiespeti- honedthat the Act of 1846be repealed.Violence occurred. Neal Dow was attackedand temperancemen had their housesand barnsburned, their cattleiniured. Dow wrote: "The contestwas earnest.In many instancesit becamebitter. It extendedinto the churches,disrupted their harmony,emptied not a few of the pews.... Almostevery organization in whichcitizens were asso- ciatedfor onepurpose or anotherwas affected by it, dividinginto 'ramrods,'and 'rummies.',•6 The politicalparties were split and partyorganization was weakened. People voted, not for the party, but for or againstthe avowedtemperance candidate. For example Calais,in 1847,had a wholeslate of temperancenominations for selectmenand had well-organizedsupport for them?7 In New Brunswick,the increasedstrength ot• the crusadeafter 1847came from the Sonsof Temperance.This group,which had beenorganized in New Yorkin 1842and 1843,spread to Maine in 1844and the firstSons of Temperancedivision in BritishNorth Americawas formed in March,1847, at St. Stephen.It wasan off- 25Clubb,Maine Liquor'Law, 50, 171, 186. 26N. Dow, Reminiscences,305. 27Ca/a/sAdvertise•', June 17, 1847. 50 THE CANADIAN HISTORICAL REVIEW shootof the BoundaryDivision which drew its membersfrom Baring,Calais, Eastport, St. Stephen,and Milltown.2s By Septem- ber, eightother divisions had beenorganized in New Brunswick and the movementspread like wildfire. The Sonsof Temperancewas well organizedand had a definite structure,and its meetingsfollowed a well-definedritual. It had, therefore,some of the earmar.ks and appealof a secretsociety. Every memberof the family couldbelong, since there were also Daughtersof Temperanceand Cadetsof Temperance.The organ- izationattracted many by its teas,picnics, and steamerexcursions betweenCalais, Eastport, and SaintJohn, and u.plocal rivers. The Sonsof Temperancein New Brunswickwas very closely allied with the Americanmovement; herein lay its strengthand its weakness.The New Brunswickgroup had the advantageof the backingof a strongAmerican organization with considerablefunds. Specialspeakers could be broughtin fromthe UnitedStates. There wasa successionof them from 1847on: PhilipS. White,the Most WorthyPatriarch of the Sonsof Temperanceof the UnitedStates, J. G. Gough,J. Miller, andothers. These lectures drew large audi- encesand addedmany new membersto the society.The cross- stimulationof ideaswas valuable.Sons of Temperancemembers fromCalais and Eastport made a yearlyvisit to SaintJohn. In 1849 there was an impressiveprocession of seventeenhundred, with plumedhorses, banners, and bands.These activities increased the enthusiasm of the societies in both Maine and New Brunswick and furtheredfriendly relations between them. On the otherhand, however, some objections were raised in New Brunswickto the closeconnection of the provincialSons of Tem- perancewith the Americanparent body. It was fearedthat the Sonsof Temperancewas a radical,disloyal group. An addresswas givenby JamesS. Ballentineof the AlbionDivision, "to endearour todo away with some unfavourable impressions which rest ,u,pon the mindsof manywarm advocates of the cause."He stated: . . . one of theseunfavourable impressions(ff we mayso style them) is that we wishto do awaywith the old orderof things;that we wishto departfrom the beatentrack, and substitutein their steadprin- ciplesof a Republicancharacter, foreign to the Britishmind and usages."He emphaticallydenied this chargeand concluded"that nothingexist[s] in this benevolentsociety that would tend to weakenour love for the BritishCrown or Constitution.""S. F. Cary •8Ibid.,Jan. 28, 1847,March 11, 1847. •Telegraph(Saint John), Feb. 28, 1848. TEMPERANCE IN NEW BRUNSWICK AND MAINE 51 of TemperanceCottage, Ohio, the headquartersof the American movement,wrote to Asa Coy, Grand Worthy Patriarchof New Brunswick:"Men of all climes,all parties,all Religionsmay without compromiseof conscienceor principleunite in thisbrotherhood. "aø Despitethe chargeslevelled at the Sonsof Temperance,it evi- dentlymade some progress in New Brunswick-veryconsiderable progress,ff we are to creditone provincial journalist, who wrote: "TheTemperance Societies in their day effectedsome good; The Total AbstinenceSocieties, much more; But the blessingsdiffused by theorders of the Sonsof Temperanceare great and incalculable. May they continueto flourish?1 The organizationindeed was for- midableenough to make it worth while for the legislatureto propitiateit by a grantof fifty poundsto supportthe temperance Telegraph?A grantwas also made for thebuilding of a temperance hall in Frederictonon the understandingthat othergroups could use its facilities? Meanwhilein Maine,Neal Dow and his cohortswere gaining moresupporters and by 1851had sufficientstrength to enactan effectiveprohibition law. This wasthe so-called"Maine Law," the firstprohibitory liquor law 'm North America.The new law pre- ventedthe manufactureand the sale,except for medicinaland "mechanical"purposes, of anyspirituous or intoxicatingliquors. a• Its enforcement met with considerable success in those areas which werenot contiguousto New Hampshireor New Brunswickwhere the manufactureand saleof liquorwere still unrestricted.In the latterdistricts, like the St. Croix area, liquor could be easilyobtained by takinga few minutes'walk fromBaring or Calaisto the New Brunswicktowns. But evenon the St. Croix,considering the diffi- cultiesfacing the enforcementof the law, "muchgood has been effected."aS The ProvincialPatriot of St. Stephennoted in 1853that it was"a caution"the way in which"the boys have come over to our side for their bitters" and drew the conclusion that "the Maine LiquorLaw mustbe somewhatregarded in Calais."aø There can be no doubtthat, after the passage of the MaineLaw, New Bruns-

aONewBrunswick Reporter, Feb. 2, 1849. axSt.John Morning News, July 3, 1848. a•G. E. Fenety,Political Notes and Observationson New Brunswick(Fredericton, 1867), I, 258. aaNewBrunswick Reporter, Jan. 5, 1849. a4MaineLegislative Documents, H.D. 2, 1851. aSClubb,Maine Liquor Law, 217, 218. a6ProvtncialPatriot, June $, 1858. 52 THE ,CANADIAN HISTORICAL REVIEW wickenioyed an increasingpopularity with manypeople from the stateof Maine. Considerablequantities of alcoholwere conveyed thence to Maine, but the favourite vehicle was the stomach.a7 The MaineLaw of 1851was amended in 1855,and supersededin 1855by a stillmore stringent Act which prohibited the transportof liquor.as The introductionof prohibitionin Maine,and the opposi- tion whichdeveloped against it, furtherconfused state politics, whichhad been rendered chaotic enough already by the controversy overthe extension of slavery.A New Brunswickpaper in September, 1854,quoted the BostonDaily Chronicleas follows:"The election in Mainetakes place in a weekfrom Mondaynext .... All parties andfactions are so mixed up andshaken together like catsin a bag, that one feelsno little curiosityto seewhich will comeout first, whenit is opened,or how far any oneof themhas succeededin swallowingup oneor moreof the others."a9 The Democraticparty in Mainehad split into pro-slaveryand anti-slaveryfactions and into temperanceand anti-temperanceforces. In the summerof 1854,the anti-slaverywing and the temperanceadvocates joined withthe Whigs to form the Republican party of Maine,just a month afterthe foundingof the NationalRepublican party at Jackson, Michigan.The allies did not adopt the new name until the following winter,but co-operatedin the Septemberelection to securethe victoryof AnsonP. Morrillas Governor on a platformof opposition to the extensionof slaveryand supportfor the prohibitoryliquor law. Theyears between 1849 and 1852 were years of greaterfriendship and freer intercourse between Maine and New Brunswick than had hithertoprevailed. 4ø The adoptionof free trade by Britainhad temporarlyweakened the linksbetween mother country and pro- vince, and the latter had turned towards the United Statesfor aid in her economicextremity, and to co-operationwith Maineon the Europeanand NorthAmerican Railway project. That this period occurredat the sametime as the temperancemovement achieved successin Maine was coincidental,but the fact that New Brunswick, for the time being,had movedeven closer to Maine enabledthe a7Thereis no evidenceof the developmentat thistime of suchelaborate techniques asthat reported by the EastportSentinel in 1880where "among the latestdiscoveries in the shapeof a devicefor smugglingliquor is a tin bustle,manufactured for an Eastportfemale for the abovepurpose. It was filled but not in positionwhen discovered."Quoted in HaroldA. Davis,An InternationalCommunity on the St. Croix, 1604-1930 ( Orono, 1950), 801. aaClubb,Maine Liquor Law, 78. agnewBrunswick Reporter, Sept. 6, 1854. 4OThegreat railway convention at Portland,Maine, in 1851which was attended by a largegroup of NewBrunswiekers was a markof thisperiod of co-operation. TEMPERANCE IN NEW BRUNSWICK AND MAINE 53 temperancemovement to exertan evengreater influence upon the provincethan it had in the past.Temperance advocates in New Bmnswickwere so encouraged by the passageof the MaineLaw, and had becomeso influentialin the province,that in 1852 the legislaturewas persuaded to pass"An Act to Preventthe Trafilein IntoxicatingLiquors. 'm This Act was very similarto the Maine Law and forbadethe manufacturewithin New Brunswickof anyalcoholic or intoxicating liquorsexcept for religious,medicinal, or chemicalpurposes. Beer, ale, porter,and ciderwere excepted. The onlypersons authorized to sellliquor were agentsappointed by the sessionsor by a city or towncorporation. The new Act wasto comeinto operationon June1, 1855.It was,however, never obeyed, for its enforcement clausewas defective. In the sessionof 1854a newbill wasbrought forward,lengthily debated, and amended by its opponentsuntil its advocatesrefused to supportit. It wasfinally reiected. In the meantimeSamuel Leonard Tilley, memberof the legis- laturefrom SaintJohn, had emergedas the leadingproponent of temperancein theprovince, and in June,1854, he wasunanimously chosenMost Worthy Patriarch of the Sonsof Temperancein North America-amark perhaps not only of hiscapacity for leadershipbut alsoof theimportance with which the Sonsof Temperancethrough- out NorthAmerica regarded the movementin New Brunswick.In the samemonth a "grandTemperance Demonstration," attended by representativesfrom Canadaand the United States,took place in SaintJohn. In the summerof 1854a provincialelection occurred, resultingin the accessionto powerof the Liberal party, led by Tilleyand Charles Fisher. In the sessionof 1855Tilley put forward, as a privatemember, a new prohibitoryliquor bill patternedafter the MaineLaw2 •' The bill passedby the narrowmargin of 21 to 18, despitethe oppositionof the Lieutenant-Governor,Manners-Sutton, and severalmembers of the ExecutiveCouncil of whichTfiley, as ProvincialSecretary, was the leadingmember. Manners-Sutton,in spite of his personaldisapproval, gave his assentto thebill andit becamelaw, destined to gointo effect at the beginningof 1856.In explanationthe LieutenantGovernor wrote: "Hadthe threemembers of my Council,who opposed the Liquor bill in everystage of itsprogress through the Houseof Assembly... declined to advise me to assent to the measure . . . I should have

•XIournal,House of Assemblyof New Brunswick,1852. 4•'P.R.O.,C.O. 188/124, Observationsof the AttorneyGeneral of New Brunswick re Actspassed in 1855. 54 THE .CANADIAN HISTORICAL REVIEW actedon their opinionsand not on thoseof the majorityof the Council."• In the samedespatch he remarkedthat the dittlculties facingthe opponentsof the liquorbill wereincreased by the fact that similar bills were, at the same time, under discussionboth in Canada and Nova Scotia? • The Lieutenant-Governorand the opponentsof prohibitionhad lostthe firstround but they were not to losethe second.By the springof 1856,only a few monthsafter the new liquorlaw had comeinto operation,Manners-Sutton had reachedthe conclusion that it mustbe repealed.The provincewas facedwith a falling revenue. There had been a deficit in 1855, and the lossin 1856 of someœ25,000 •5 in importduties on spiritsand wineswould be a seriousblow to financialstability. He couldargue also that the liquor law had beenresisted successfully ever sinceit had come into operationand that a ]aw whichhad not beenand could not be enforcedshould be repealed,or else"habits of lawlessness"would be engenderedamong the peopleand "the legislatureas well as theLaw in generalwould be broughtinto contempt. "•6 Accordingly, in May, 1856,he calledupon the ExecutiveCouncil to consider repealingthe liquorlaw and whenthe Councilrefused he askedit to advisea dissoIution.This, the Council alsorefused to do, where- uponManners-Sutton ordered a writ to be preparedcalling for new elections.The Councilresigned but the Lieutenant-Governorwas able to secureadvisers who wouldassume responsibility for his action. 47 Manners-Suttonwas immediatelyassailed by the Liberalsand prohibitionistsas a tyrant and the betrayerof the principlesof responsiblegovernment. The Toriesand liquorinterests praised himfor his action? The New BrunswickCourier, while opposed to theprohibitory law, was pro-Liberal and it castigatedthe Lieutenant- Governorfor hisdissolution of the legislature.Throughout May and Juneit printedmany editorials and letterscharging that, although the Lieutenant-Governorundoubtedly had a legalright to order aaP.R.O.,C.O. 188/125,Manners-Sutton to Russell, July 4, 1855. 44Ibid. 45In1856, œ25,851 were raised from import duties on winesand spirits (P.R.O., C.O. 195/89). The totalrevenue that year wasnearly œ120,000. Presumably had dutieson spiritsand wines been levied throughout the yearinstead of onlyseven months,the amount collected would have been somewhat higher. 4øP.R.O.,C.O. 188/127,Manners-Sutton's Memorandum [or the ExecutiveCouncil, enclosureIA in Manners-Suttonto Labouchere, May $1, 1856. 47P.R.O.,C.O. 188/127, Manners-Suttonto Labouchere,May 81, 1856, and enclosedmemoranda to and from Executive Council. 4allannay,History o[ New Brunswick,II, 181. TEMPERANCE IN NEW BRUNSWICK AND MAINE 55 new elections,the exerciseof thisright was a high-handeduse of the prerogativewhich would raise a stormeven in England?Ac- cordingto the editor,such a coursewas unprecedented in British NorthAmerica since the establishment of responsible government? The wrath of an arousedelectorate would surelybe visitedupon Manners-Sutton and his new Government? • The New Brunswick Reporteropposed the dissolutionalso on the groundof the arbitrary exerciseof power?2 The MiramichiGleaner thought Manners- Sutton'saction both arbitrary and premature?The St. JohnFree- manand the New Brunswickersupported the Lieutenant-Governor, theformer on legalgrounds, the latterbecause he wassubmitting the questionof theliquor law to thepeople rather than to a legis- laturewhch no longercommanded the supportof the people?4 Neither Manners-Sutton nor the ofilcials in the Colonial Ofilce had any doubtsrespecting the constitutionalityof the dissolution. The positionwas simple:If the Lieutenant-Governordeclined to acceptthe adviceof his ExecutiveCouncfi, the Councilhad no coursebut to resignand allow him to seeknew advisers? 5 The only questionwhich arose in the ColonialOfilce was whether Manners- Sutton'sprocedure had beenexpedient. Sir HermanMerivale, the permanentundersecretary of state,thought the courseof action shouldbe disapproved,for Manners-Suttonhad run a greatrisk of destroyinghis usefulness for the sakeof "gettingrid a little sooner of adviserswhom he disliked."'6 However, Labouchere, the secretary of statefor the colonies,advised waiting for the resultsof the electionsin New Brunswickbefore replying to Manners-Sutton's despatch.'7 AlthoughManners-Sutton undoubtedly disliked his advisers*s as 4ONew-BrunswickCourier, May 24, 1856,June 7, 1856. •Olbid.,May 17, 1856.The editornoted that Sir EdmundHead had onceused the prerogativeinappointing iudges inNew Brunswick buthe,, had had his ,,Council with him.Even then, the Assembly had nearly passed a voteof no confidencewhich, had it been carried "would have dissolved the Government and Sir E. Head never would have been Governor-General of Canada." •Ibid., May 24, 1856. 52MiramichiGleaner, May 31, 1856. This paper printed a columnof editorial opinionsheld by itscontemporaries. •3Ibid. •4Ibid. •P.R.O., C.O. 188/127, Manners-Suttonto Merivale(Private), June 13, 1856. 56P.R.O.,C.O. 188/127, Merivale'sminute June 24, 1856 on Manners-Suttonto Labouchere,May 81, 1856. •7P.R.O.,C.O. 188/127, Labouchere'sminute June 25, 1856 on Manners-Suttonto Labouchere,May 31, 1856. •SHannay(History o• New Brunswick,II, 180) remarkson this dislike and Manners-Suttonhimself appears to haveconfirmed it in his privateletter to Merivale (P.R.O., C.O. 188/127) June18, 1856,when he wrotethat his difficultieshad been 56 THE CANADIAN HISTORICAL REVIEW Merivaleindicated, the workingof the prohibitorylaw provideda sufficientreason, without adding a personalmotive, for his desire to rid himselfof a Councilwhich refused to considerits repeal.The lossto therevenue was perhaps enough by itself.But whilethe law hadeffectively prevented the raisingof customsit had not actually preventedthe saleor consumptionof liquor.It is true that the measurehad been in operationonly a few monthsand so, perhaps, hadnot been given a fair trial;but if suchexperience of itsoperation ashad been obtained was any guideto its futurecourse, then the lawhad best be repealed. Liquor continued to besold with impunity in everypart of NewBrunswick. Legal proceedings had been taken in someinstances, but these were "exceptional cases, and the punish- ment of a few individualsfor actswhich multitudes may and do commitwithout punishment and withoutquestion only aggravates the evilfor whenjustice ceases to be evenhanded,it ceases to be iustice?The few convictionsfor contraventionsof the Act which hadbeen obtained had been against "persons of the veryhumblest classeswhilst... [the law] was openlydisregarded and set at defianceby the Hotel Keepers,Restaurants, Dealers, etc., and personsin bettercircumstances. "6øSuch men could employ clever lawyersto defendthem and were able to continuetheir salesof liquor?• The provincialelections, held in the earlysummer, were bitterly contested.Every attempt was made by the Liberalsto makethe constitutionalquestion the mainissue, and friends of the dismissed Executiveaccused their opponents of desiringto repealthe secret ballotAct which,though passed, had yet to comeinto operation? Judgingby the resultsof the electionsthese issues counted for little againstthe desire to getrid of theunpopular and unsuccessful liquorlaw. Tilley and James Brown, the surveyor-generalin the old Council,the sponsorsof the prohibitorylaw, were defeated.The of eighteenmonths' duration-the length of the Tilley-FisherCouncil's term of office. The editorof the New-BrunswickCourier noted on May 31, 1856,that it wasgenerally understoodthat Manners-Sutton"had no sympathyor liking for his constitutional advisers." •gP.R.O.,C.O. 188/127, Manners-Sutton'sMemorandum/or the ExecutiveCouncil, enclosureIA in Manners-Suttonto LabouchereMay 81, 1856; vide also Hannay, History o[ New Brunswick,II, 177. ooP.R.O.,C.O. 188/127,Observations of JohnH. Gray (the new Attorney-General of New Brunswick)on the "Act to repealthe Act to preventthe Importation,Manu- factureand Trafficin intoxicatingLiquors and to regulatethe salethereof," Aug., 1856. alHannay,History o• New Brunswick,II, 177. Hamnaywas a Liberal and a defenderof Tilley.His testimonyon thispoint is undoubtedlycorrect. 62New-BrunswickCourier, May 3, 1856,May 11, 1856,May 24, 1856. TEMPERANCE IN NEW BRUNSWICK AND MAINE 57 newlegislature contained but two friendsof prohibition.osThe prohibitorylaw was repealed in July,1856, and the licensing laws of 1854were re-established. A resolution was also passed endorsing the Lieutenant-Governor'sconduct, but whereasthe repealof the liquorlaw hadbeen carried with onlytwo negativevotes, the resolutionpassed by the comparativelynarrow margin of 25 to 16. Thiswhole political controversy over temperance in New Bruns- wickraises an interesting but difficult question: How was it thatthe prohibitorylaw couldbe passedin oneyear, albeit by a majority of three,and yet be signally defeated by theelectors the following year,especially when its defenders were given an added issue-the exerciseof theprerogative-upon which to attacktheir opponents? Theanswer may perhaps lie in thefact that the prohibitory law of 1855was not a partymeasure. It hadpassed by a maiorityof only threein a Housein whichthe Liberalshad a maiorityof at least ten or twelve.Why had it passed?"Its enactmentwas necessary to satisfyits friends.'m Liberalswere confident that theythemselves wouldrepeal the law,but had it beenrepealed during the early sessionof 1856"there would have been the complaintof unfairness andrenewed agitation? 5 Before the dissolution,the New-Bruns- wickCourier, a Liberaliournal, called upon the friends of the law to ...... asse,,•t tothe mewtable necessity of repeahng •t at th e nex t session.oo In otherwords, a su•cientnumber of Liberalshad given in, at leasttemporarily, to a pressuregroup headed by the Liberal leader,Tilley. The Liberalparty and eventhe ExecutiveCouncil wassplit on the subjectø7although the Councilclosed its ranksin the faceof Manners-Sutton'sattempt to forceit to repealthe Act. Other factorsshould be takeninto account.According to Hannay, it wasgenerally held that manyin the Assemblywho votedfor prohibitionthought they might make political capital by sodoing and reliedupon the LegislativeCouncil to throwout the bill.os Undoubtedlythere were those who over-estimatedpopular support

0aAsnearly as can be judgedthe newhouse was composed of 21 Tories,2 pro- hibitionLiberals, 14 or 15 anti-prohibitionLiberals, and 8 or 4 independents or anti-Torieswho were at the sametime anti-prohibitionists. Thisjudgment isbased upon the number of votescast against repeal of theliquor law, the fact that in 1857the Toriescould only carryon businessby the casting voteof the Speakerin a Houseof 41 members,and the votein supportof the resolutionendorsing the Governor'sconduct in regardto callingan election. O4New-BrunswickCourier, May 17, 1856. o5Ibid. o6Ibid. 0rP.R.O.,C.O. 188/125,Manners-Sutton to Russell, July 4, 1855. 6SHannay,History of NewBrunswick, II, 175,176. 58 THE CANADIAN HISTORICAL REVIEW for restrictivelegislation and gavethe bill their assentas a matter of expediencyor becausethey thought they were following the will of thepeople. Then there were those who allowed their belief in' prohibitionto overcometheir politicalsagacity. OnceNew Brunswick'sprohibitory Act had comeinto operation andhad begun to challengeexisting interests •9and to interferewith long-establishedhabits, resistance to it hadstrengthened. The failure of attemptsto enforcethe Act mustsurely have fostereddoubts respectingthe efficacyof legislativeaction among all but the most hardenedof prohibitionists,and strengthenedthe convictionsof those who had continued to believe in "moral suasion" as the one answerto intemperance.But what musthave weakened the pro- hibitionistsmost in theirfight to preservethe Act wasthe factthat no politicalparty was committed to theirphilosophy. In Maine,the presenceof a politicalparty founded on the twin principlesof prohibitionand opposition to the extensionof slavery perhapsexplains sufficiently why the advocatesof enforcedtem- perancewere able to beat downthe attackersof the MaineLaw andwhy it waseven found possible to strengthenthat measure.But therewere other reasons why the prohibitionists were more success- ful in that state than in New Brunswick. The Lieutenant-Governor of the provincewas possessed of greater independence and power thanthe Governorof Maineand the formerhad chosento oppose the liquorlaw. Maine,moreover, had municipalinstitutions. Local optionswere commonin the statebefore 1851, and prohibition couldpass from local victory to localvictory, meanwhile consoli- datingits gains.For this reasonthe prohibitorylaw in Maine was probablya lessershock to habits,business, and revenuethan in New Brunswick,which, with the two exceptionsof the citiesof SaintJohn and Fredericton, had no localself-governing institutions until after 1851.Another factor, of uncertainweight, in this com- parisonof the relativesuccess of prohibitionin Maine and New Brunswickwas the predominanceof puritanismin the churchesin Maine,while the Anglicanand RomanCatholic orthodoxies still providedin mid-centuryhalf the clergymenin the province? New Brunswickhad reiectedprohibition. When in 1857 the Liberalshad resumedtheir party allegianceand anotherelection had returnedthe Tilley-Fisherparty to power,the politicallyill- advisedattempt at achievingtemperance by legislationwas not repeated.But had New Brunswickreiected temperance? Examina- ogTherewere about 200 tavernsin SaintJohn and its suburbPortland at thistime. 7øP.R.O., C.O. 198/84. TEMPERANCE IN NEW BRUNSWICK AND MAINE 59 tion of figuresfor the net importsof rumand other spirits between 18•30and 1856,the periodof the temperancemovement, shows that the importationof spiritsother than rum remainedsteady at iustunder half a gallonper capita,but that the importationof rum declinedsteadily between 18•30 and 1840from overtwo and a half gallonsto justunder one, and during the forties and fifties to slightly underhalf a gallon.Was this a victoryfor the temperancemove- ment?Uafortunately, we cannotso interpretitJ • The declinein rum importsis paralleledby a notableincrease in thoseof molasses, the greatdrop in rumimports and increase in molassesboth occur- ring about184•3. There are strongreasons for believingthat a con- siderableportion of the molassesimported was being converted by provincialdistilleries into rum. The provincialexcise tax of one shillingand six penceon rum manufacturedlocally, imposed in 1829,TM was removed in 1842,7a and molasseswas made duty-free in 1848,74 measures that were likely designed,on the one hand, to curbthe smugglingof spiritsprevalent in the earlyforties 75 and, onthe other, to promotelocal industry. Accordingly, in spiteof the factthat the importsper capitaof rumin the fiftieswere only very slightlygreater than in the precedingdecade, it maywell be true that New Brunswick'sconsumption of rum in the fiftiesexceeded that of the thirties. Furthermore,had there been a markeddecrease in rum drinking in the fiftiesit must surelyhave been noted by contemporary observers.Rather than rejoicing, however, there was a demandfor prohibitivelegislation which would seem to be indicativeof an increase,or at least no diminution,in rum consumption.There seemsalso to be no reasonwhy New Brunswickersshould have turnedaway from drinkingrum and yet maintainedtheir con- sumptionof otherspirits unless the new immigrantsdid not take to it. It is perhapspossible to arguethat the declinein rumimports per capita in the fortiesindicates some success by temperance workers.More likely, however,it reflectsthe almostcontinuous economicdepression of the decade,76 and the depressedstate of the WestIndies, and of New Brunswick'sWest Indian trade, following the emancipationof the slaves.If thisis true, and ff it is alsotrue 71 F•gures ' for the net in, ports of spirits on a ,p,er capita basis may be calculated in the sameway as beforefrom New Brunswick'Blue Books."See footnote6. ?2P.R.O., C.O. 195/12. 7ap.R.O., C.O. 195/25. 74P.R.O., C.O. 198/26. ?S]oumal,House of Assemblyof New Brunswick,1841, 55. ?aTheyears 1842 and 1845 were especially bad. 60 THE CANADIAN HISTORICAL REVIEW that with the prosperityof the earlyfifties a part of the greatly increasedsupplies of molasseswas converted into rum, the attempt to reducedrinking by moralsuasion was a failure? The directresults of the temperancemovement in New Bruns- wickwere perhaps not very great, nor were the aimsof its advocates realized.But oftenthe indirectconsequences of a crusadeare of greaterimportance than the direct.The temperancemovement arouseda politicalcontroversy in the provincewhich had two interestingby-products. First, the assumptionby the cabinetof the initiativein financialmatters was postponedfor severalyears? Second,the influenceand position of the Lieutenant-Governorwere reducedto the pointwhere the practiceof responsiblegovernment wasbrought into line with its mostextreme theory, because the dismissed ministers were so incensed at Manners-Sutton's treatment of themthat whenthey returned to powerin 1857they "sat upon him."'9 The temperance movement had other more positive indirect results.It createda greaterawareness than had hitherto existed that intemperancewas a socialevfi, and it perhapsincreased public orderand improvedthe moraltone of the community.More im- portant,however, was the fact that the temperancecrusade, though closelyconnected with that of Maine,was the firstmass movement in the historyof New Brunswick.By cuttingacross class, religious, and nationalbarriers it succeeded,in part at least,in creatinga greatersense of communityat a timewhen, with large immigrations of peopleswith diversebackgrounds, such a developmentwas most desirable. ??Theonly point which might contradictthis iudgmentwould be that large quantitiesof rum wereexported illegally to Maineafter the passageof the "Maine Law"and before the passage in 1855in that stateof a law to preventthe transporta- tion of liquor.I have,however, found no evidenceto supportthis. ?SAresolution to givethe cabinetthe initiativehad beenintroduced and passed in 1855but the dissolutionsand electionswhich followed prevented its becoming effective.It wasagain passed in 1858and the practiceof "log-rolling"was curtailed althoughit did notentirely cease. ?gStanmorePapers, Arthur Gordon to Sir Edmund Head, Feb. 18, 1865. (Un- publishedprivate papers in the possessionof Lord Stanmore.) Gordon, Manners- Sutton'ssuccessor, considered that the "habitof treatingthe Governorwith con- tempt has becomea customwhich has outlivedthe durationof Manners-Sutton's term and is now becomea matter of course.[The Council] . . . look on the Governor simplyas their clerk."