WHEN the legislature met on the 5th February, 1812, war was imminent between Great Britain and the United States. Into the causes which led to this contest between two Christian nations intimately connected by the ties of blood and a common language, it is not necessary to enter here. Certainly the British Government of that day was far from being blameless in the matter, while the spirit displayed by the rulers of the United States was still worse, for they aimed at nothing less than the conquest of Canada, and all the other British provinces of North America. It was thought that Great Britain was so much engaged in Europe in maintaining a contest with the power of Napoleon she would be unable to afford adequate protection to her British North American Provinces, and this idea was in a measure correct, for at the beginning of the war these provinces were very ill-prepared for a contest. The British Government of that day was mainly composed of men who were more intent on suppressing freedom of speech than in defending the loyal colonies of the empire. No man with British blood in his veins, can now read without indignation of the manner in which men who desired to bring about-a better state of things were persecuted and punished by fine, imprisonment and the pillory, for criticising the conduct of those in power. Leigh Hunt was imprisoned for two years and fined £500 for an article In the Examiner criticising the Prince of Wales, every word of which was true. Cobbett was imprisoned for two years and fined £1000 for objecting in his paper to the flogging of British soldiers by German mercenaries. These are but samples of the odious persecutions that were carried on against men who dared to suggest that the laws might be improved. Percival, Liverpool, Oastlereagh and Eldon controlled the policy of the government which, feeble in war, was only bold and efficient when some unfortunate printer or writer was to be consigned to the dungeon and the pillory. These men could not be induced to believe that there would be a war with the United States and the preparations for it were on such an inadequate scale, that the successful defence of Canada by the few soldiers and militia that could be placed in the field, must excite our wonder and admiration. Certainly the British Government of that day deserves no credit for the saving of Canada to the empire. That result was achieved by the bravery of the British soldiers and Canadian militia which fought in the field, and by the patriotism of the Canadian people.

The opening speech of President Hunter to the legislature voiced the general alarm that was felt at the critical position of public affairs. He began it by recommending to the most serious consideration of the members of both Houses the importance of making such arrangements as might be requisite for their defence against the hostilities with which they were threatened. Yet, hy making due preparations for resolute defence, they might contribute to prevent that hostility which otherwise their supineness might invite. The reply of the House of Assembly to tliis speech was in a similar strain ot ardent patriotism and the Council was not behind in its professions of loyalty. At that time and for many years afterwards the Council and Assembly passed different addresses in answer to the speech, a practice that was continued until the establishment of responsible Government.

The principal defensive measure, in addition to the renewal of the militia act, passed at this session, was one authorizing the president, in the event of war being declared, to expend ten thousand pounds for defensive purposes, with the advice of the Council. This was not a large sum, but it was equal to about two years revenue of the Province, and therefore bore the same proportion to income as a grant of $1,600,000 at the present day. At this time the only military corps in New Brunswick was the 104th regiment, a regiment which hail been mainly raised in the province, and which had been originally called the New Brunswick Fencibles. It is an extraordinary proof of the ignorance that existed in England with regard to the warlike intentions of the government of the United States, that the Duke of York, Commander in Chief of the British army, in February 1812, actually proposed that the 104th regiment should be sent to England. This, if it had been carried out, would have been a most extraordinary proceeding, for the 104th, like other Fencible Regiments, was intended for service in North America exclusively, and the taking of it over as a regiment of the line would have changed its character in that respect, so long as the British colonies of North America were in danger. The 104th did not go to England, hut to Upper Canada, where it did good service during the war.

Apart from the measures for the defence of the Province, the legislation of 1812 was not important. Probably the only act which will interest the people of the twentieth century, was that to encourage the erection of a passage boat to be worked by steam, for facilitating the communication between the city of St. John and Fredericton. This piece of legislation showed that the wheels of progress were beginning to move in New Brunswick. The first steamer began to run on the St. Lawrence between Montreal and Quebec on the 1st November, 1809, a small vessel with a speed of about six miles an hour, and accomodation for twenty passengers. We need hardly feel surprised that in this humble craft, the public generally failed to recognize the pioneer of a new era in the navigation of the waters of British America. The idea of navigating the River St. John by steamboats, appears to have occurred to two sets of individuals at the same time, for in 1812, there were two companies, asking for the exclusive privilege of running steamboats on the St. John River. The successful parties were John Ward, Robert Smith, George D. Berton, James C. L. Brenner, James Eraser and Lauchlan Donaldson, who obtained the exclusive right to navigate the river by steam for ten years, on giving a bond to place a steamboat upon it, capable of accommodating sixty passengers, within two years after the passing of the act. The war interfered with the arrangements of the steamboat men, and in 1813 they obtained an act extending the time of placing a steamboat on the river, to two years after the peace had been restored with the United States, and extending the term during which the owners should have the exclusive right to ten years after the completion of the boat. The first steamboat, the General Smyth, began to run on the St. John in the spring of 1816. In 1819 her owners obtained an act extending the time of their exclusive privilege until March 1829. By the time this act had expired steamboat navigation on the St. John had been so well established that no further exclusive privelege was required.

On the 6th of June, 1812, Major-General George Straeey Smyth was appointed to the command of His Majesty's forces in New Brunswick and on the 10th of the same month he took the oaths as President and assumed the administration of the Government. General Smyth afterwards became Lieut. Governor, so that he is an object of more interest than if he had merely been President for a short term. At the time of his first appointment as President he was forty-five years of age, but broken in health, and much older in constitution than in years. Miss Penelope Winslow, in one of her lively letters, describes him as "a stiff, pedantic old thing," and his wife as "young, handsome, gay and thoughtless." General Smyth proved himself most unfit to be a Civi1 Governor, for his whole life had been spent in the army, and he knew nothing outside the routine of ids military duties. But these defects in his character were not disclosed until he became lieutenant Governor. As President he was immediately called upon to meet a state of war, for war was declared by the United States against Great Britain on the 19th June, just four days after General Smyth was sworn in as President.

The news of the declaration of war reached the United States collector at Eastport and the commander of the garrison at 11 o'clock on the night of the 25th June. The latter was instructed by the Washington authorities to put the town in as good a state of defense as possible, but to act-only on the defensive. Next morning the inhabitants of Eastport held a public meeting, at which it was unanimously resolved to preserve as good an understanding as possible with the inhabitants of New Brunswick, and to discountenance all depredations on the property of the people of the Provinces. An account of the declaration of war and of these proceedings was on the same day forwarded by Mr, Robert Pagan of St. Andrews to President Smyth. This information was laid before the Council on the 2!)th June, and the President was advised to give orders to have one-third part of the militia duly prepared for being embodied on the shortest notice. On the following day an Order-in-Council was passed recommending the Officers of Customs to admit American unarmed vessels laden with provisions, into the port of St. John, and to allow the importers in return to take away British goods, except arms and military stores. This arrangement was made because provisions were scarce in St. John when war was declared, and five hundred barrels of pork were required for the use of the troops. As St. John, only a year before, had been made a free port it was the means of making it while the war lasted an important depot of trade and giving it a commercial importance which it never afterwards lost. The wisdom of keeping peace on the Western bonier was duly recognized by Sir John Cope Sherbrook, the Lieutenant Governor of Nova Scotia, who issued a proclamation forbidding all His Majesty's subjects to molest the inhabitants of the United States living on the shores near Nova Scotia, or to interfere with their coasting or fishing vessels, so long as they abstained from molesting the inhabitants of Nova Scotia or New Brunswick. A copy of this proclamation was laid before the Council of New Brunswick and one in similar terms was issued by President Smyth. Thus peace was insured on the border, and the inhabitants on both sides of the line were able to pursue their accustomed avocations in peace, during the whole period of the war. This sensible arrangement was made easy by the fact that the people of New-England were known to be opposed to the war.

The President and Council now took steps to place St. John in a proper state of defence, its fortifications having been much neglected. A communication was sent to the Mayor, particularly calling attention to the state of the old fort in Carleton and asking the co-operation of the Common Council in obtaining the services of as many artificers and laborers as the district could famish. The Common Council acted promptly and, on the very day this communication was received, resolved that they would lend every aid in their power towards the objects suggested and would take steps to agree with the proprietors of the lots on and around the ruins of Fort Frederick to compensate them for any damage they might sustain by the erection of the contemplated fortifications. They also resolved that the members of the board would personally attend to and assist in the work, and do all in their power to induce the inhabitants of the city to volunteer their services to assist in its completion. These patriotic resolutions were followed up by corresponding acts. The people turned out willingly, and worked on the fortifications and soon they were in a satisfactory condition. Guns were sent from Halifax with which to arm the forts about St. John, and the British government commenced the erection of a Martello Tower on Carleton Heights, which still remains as a monument of that warlike age.

President Smyth and his Council thought that the government of New Brunswick should possess an armed vessel for the purpose of convoying vessels in the Bay of Fundy and defending the coast to the westward of St. John against the enemy's privateers, and a suitable craft was soon found in the Commodore Barry, an American privateer, which had been captured by two of His Majesty's warships and brought into St. John. She was at once renamed the Brunswicker, armed and equipped, and put in commission, and rendered good service during the autumn of 1812. She made one cruise with His Majesty's brig Plumper, at the request of Lieutenant Bray, who commanded that unfortunate ship, for the purpose of intercepting American prizes off Mount Desert. The Plumper a few weeks later while on her way from Halifax to St. John, with §70,000 in specie, was wrecked near Dipper Harbor and forty four persons, including her commander, were drowned.

The coast to the westward of St. John swarmed with American privateers, indeed the gains of privateering would seem to have been one of the inducements which caused the Americans to go to war, and the question of issuing letters of marque from New Brunswick, speedily came up in the Council. On the 27th July, an application was made by George Raymond and others, owners of a sloop named the General Smyth, for letters of marque to cruise against the enemy, and they were granted, although no instructions on the subject had been received from England. But a similar application made by Bradford Gilbert and others in January, 1813, was refused, and it does not appear that any other letters of marque were issued by the Province of New Brunswick during the war. The General Smyth was quite successful in making captures, and numerous prizes were also brought into St. John during the war by His Majesty's ships.

As soon as war was declared, Mr. Robert Pagan and other magistrates of Charlotte Cotuity, called a meeting of the Indians residing on the St. Croix River and secured their neutrality, a very necessary precaution which bad the best results, for the Indians remained quiet through the whole war. The President was authorized to purchase fifteen hundred suits of clothing for the use of the militia, and in December, 1812, orders were given for the embodying of five hundred of the militia. All these measures of precaution against a possible invasion doubtless appeared to be very necessary at the time, but they proved needless for the province was never attacked or even menaced, New Brunswick was invulnerable while His Majesty's ships cruised in the Bay of Fundy.

In the mean time a vigorous warfare was being waged in Upper and Lower Canada and more troops were urgently needed there. The New Brunswick Regiment, the 104th, in February, 1813, received orders to march to Canada and it set out without delay for its destination. It is one of the mysteries of British officialism that the departure of the 104th Regt. for the seat of war should have been so long delayed. Reinforcements were urgently needed in Canada during the whole summer arid autumn of 1812, and the 104th which was 1,000 strong and keen for active service ought to have been on the move in July or August of that year. As it was it was sent forward at the most inclement season, through three hundred miles of wilderness, most of which had to be traversed on snowshoes, for there were no roads north of Fredericton, worthy of the name. The legislature was sitting when the 104th began its famous march to Canada and a resolution was moved by Capt. Agnew, expressing the solicitude felt by the House of Assembly for a corps raised in the Province and destined, it was hoped, to long continue its pride and ornament. It might have been supposed that such a resolution would have been passed unanimously by a standing vote, but strange to say it was only carried by a majority of one vote, there being nine for it and eight against it. Evidently the people of the present day take more pride in the 104th Regt. than did their fathers who lived in the Province ninety years ago. Certainly it could not have been any lack of patriotism that caused eight members of the House to vote against this resolution, for among them were John Ward and Hugh Johnston, members for St. John, who has always been distinguished for their patriotism and public spirit. Col. Alexander Halket, who commanded the regiment made a suitable response to this resolution and a day or two later it started on its arduous journey arriving in Quebec early in March, without losing a man.

The Legislature this year met on the 13th January and sat until the 3rd March, the prorogation being hastened by the serious illness of the President, whose life was at one time despaired of by his physicians. The first business of the House was the election of a speaker, Mr. Botsford, who had filled that position since 1786, having died during the recess. Mr. Botsford had presided at twenty-one sessions of the House, and must have had many acceptable qualities to retain the favor of the House for so long a period, but he showed great weakness or subserviency to the Governor in 1802, when he permitted a rump house of ten members to enact important legislation. A speaker ought to be independent of all external influences, but that was evidently not the case with Mr. Botsford. Mr. John Robinson, one of the members for the City of St. John, was elected speaker without opposition. The speech of the President dealt exclusively with the war then going on with the United States, and recommended a revision of the Militia law. The legislation of the session was mainly confined to measures of defence. The militia law was amended so as to make it more efficient. An act was passed to provide for the accommodation and billeting of His Majesty's troops and the militia when on their march, and measures were enacted to increase the revenue. One of these imposed an additional duty of 2} per cent, on all goods, except fish and provisions, imported by any foreign, alien or nonresident. This act, which was passed with a suspending clause, was ratified in July of the same year and continued in operation until 1820. It was quite iiV keeping with the restrictive policy of that time, but it entirely failed to effect the object for which it was intended, the keeping of the business of the country in the hands of a few persons. A similar law placing the rate of duty at five per cent, on goods imported by aliens was passed in 1821, but repealed in 1823.

The Militia bill and the billeting bill led to differences between the House of Assembly and the Council on points which would not interest the modern reader, but the bills were finally passed and became law, as was also the appropriation bill which at one time threatened to produce a dead-lock between the two Houses. It was a time when both houses had more serious matters to attend to, than technical objections to necessary legislation, for the war was still going on, and further defensive measures appeared to be necessary. The place of the 101 th Regiment, had been taken by the second battalion of the Eighth Regiment, but as it. was highly probable that their services would be required in Canada, it became necessary to raise another regiment of Fencibles in the province. Accordingly in February, 1813, the Honorable John Coffin, who had become a member of the Council and a Lieutenant-General, received a commission to raise a regiment of Fencible Infantry in New Rrunswick. This enabled the president to disband the greater part of the 500 militia which had been embodied, and gave such of them as had become attached to a military life an opportunity of enlisting in the new Fencible Regiment. In February, 1814. this regiment had 300 men at headquarters, and 100 recruits in Canada. The 104th had so drained the country of its available men, that recruiting was naturally slow. Its ranks were never entirely tilled, and it was disbanded soon after the close of the war.

The state of General Smyth's health rendered necessary his departure from the province in August 1813, and he was succeeded as President, by Major-General Sir Thomas Saumarez, who was in command of the troops in New Brunswick. Sir Thomas' term of office lasted just one year and he was a popular president. The legislature was called together on the 14th January, 1814, and the president's speech as before, dealt almost exclusively with topics connected with the war, and recommended a review of the militia law for the purpose of making it more efficient. The House of Assembly and Council had a long contest over the proposed amendments to the militia law, the principal questions in dispute, being the number of days the militia should be called out for drill each year, and the amount of discretion that should be left in the hands of the president, with regard to the drilling of the militia. At the last moment the Council yielded, and an amended militia. act was passed. In a country situated as New Brunswick was at that time with a sparse population the calling out of the whole of the militia for drill, for any long period, must have been a great hardship, for it brought all work to a standstill, and the time thus lost could never be recovered. For this reason an efficient militia act was certain to be unpopular, and members of the House of Assembly were not insensible of the odium they might incur, if they consented to what the president and the Council demanded.

During the session the 8th Regiment under Lt. Col. Robertson and two hundred seamen under Commander Collier, who had volunteered to serve on the Lakes, went overland to Quebec. The House of Assembly granted three hundred pounds for the pm-pose of hiring sleighs to assist them in their journey. The people of St. John and its vicinity had taken charge of the gallant tars on their arrival m that city and provided sleighs to forward them to Fredericton. The journey of both soldiers and sailors to Quebec was accomplished without much difficulty and these reinforcements arrived at a very opportune time, when every man that could be spared was needed to go to the front in Canada.

One of the matters which engaged the attention of both houses and in which they cordially agreed was an address to the Prince Regent, in regard to the boundary between Maine and New Brunswick. In this address they asked that when negotiations for peace took place, His Royal Highness would insist on such a modification of the boundary, that communication between New Brunswick and Lower Canada, by the St. John river, might not be interrupted. If this representation had been attended to by the British Government all the subsequent boundary disputes; which nearly produced another war, would have been avoided. But the Prince Regent's advisors were not men who cared anything for boundary questions in North America. They were more concerned to repress free speech and a free press in the British Islands than in taking measures to extend and perpetuate the Empire, whose concerns had been entrusted to their unworthy hands.

During this year, three successful military and naval expeditions were carried out, which would have been a powerful lever in adjusting trie boundary line, if properly used. The first of these was the capture of Eastport ill July, by Lieut. Col. Pilkington and Capt. Sir Thomas Hardy with H.M.S. Ramilies and two transports carrying 600 men of the 102nd Regiment. The only fortification at Eastport was Fort Sullivan, which had a gammon of 80 men under Major Putnam, who very wisely surrendered without firing a shot. The people of Eastport, who had showed a friendly spirit during the war, were thus spared any of the horrors of a contest. In August, Sir John Cope Sherbrooke, Governor of Nova Scotia, sailed from Halifax with Dragon 74, the frigates Endyrnion and Bacchante, and the sloop Sylph, with ten transports, having on board a company of artillery, two companies of the 60th and the 29th, 62nd and 98th Regiments, in all about 1,800 men. Their destination was the Penobscot, which they reached on the 31st, and were there joined by the Bulwark 74, and four other ships of war. On the following day, they appeared before the fort at Castine, which was immediately blown up by its commander, the garrison escaping up the river. The United States corvette Adams 28, which had just returned from a cruise, was up the Penobscot and arrangements were at once made for her destruction. This operation was entrusted to Capt. Barrie of the Dragon, and Lieut. Col. John who commanded a detachment of 600 men of the 29th, 62nd, 98th and 60th Regiments. Capt. Morris of the Adams, had made preparations to defend his vessel and stop the British advance by placing her heavy guns on a high bank near Hampden, so as to command the river. In addition to his crew of 220 men, he was supported by 600 militia under General Blake, and about 40 regulars who had escaped from Castine. On the morning of Sept. 3rd, this force was attacked by the British detachment and almost instantly dispersed. The militia of Maine fled without firing a shot and the regulars and seamen speedily followed their example. The British captured about 80 prisoners and took twenty-live cannon. Pushing on to Bangor, they occupied that place and accepted the surrender of General Blake and 100 of his men. They also took two brass cannon, three stands of colors and other spoil. The Adams and two other ships, one of them armed, were destroyed by the enemy. Six vessels were burnt at Bangor and twelve were brought away. The British rebuilt and garrisoned the fort at Castine and it remained in their possession until the end of the war.

On the 9th September Lieutenant Colonel Pilkington was sent with a small force to effect the capture of Maehias. The naval part of the expedition was under the command of Captain Hyde Parker. The British disembarked at Buck's Harbor and, after a difficult night inarch, reached the rear of Fort O'Brien at daybreak on the 10tl\ The garrison consisting of 70 regulars and 30 militia instantly evacuated the fort and escaped into the woods. Machias, East Maehias and the Point battery were occupied the same day, and altogether 26 cannon and 160 stand of small arms were taken. The Militia of Washington County agreed not to bear arms during the war. The result of these operations was that the whole of Eastern Maine, from the Penobscot to the New Brunswick boundary, was in the hands of the British. It is difficult to understand why the British took the trouble to capture them if they were not to be used as a means of getting a better boundary line. The treaty of peace ought to have contained a definite description of the boundary between the British possessions and the northern United States, and that line ought to have kept well to the south of the St. John River. Rut this matter was wholly neglected by the British Commissioners, who concluded .the treaty, and all the substantial fruits of the three years contest were wantonly thrown away.

There was no session of the Legislature in 1815, the supplies having been voted for two years at the session of 1814. This proceeding had become altogether too frequent, during the period when the government of New Brunswick was administered by Presidents, there being no session of the Legislature in 1801, 1806, 1800, 1811 or 1815. The last named year, however, brought this evil fashion to an end, and since then there has never been a year when the legislature did not meet. In August, 181d, General Smyth returned to the province aud resumed the presidency, and he continued in that position until after the close of the war.

One result of the war was to largely increase the commerce of St. John. Mr. William M. Jarvis makes this clear in a communication to the author, which I quote:

"My father, Mr. William Jarvis, who died in April, 1856, was engaged in the hardware business in St. John at first with his father, Munson Jarvis, who had arrived in St. John in 1783, as a United Empire Loyalist, under the firm name of Munson Jarvis & Son. On his father's death, about 1826, he carried fin the business alone until 1842, when his store having been destroyed by fire, he gave up his former business and was engaged in shipping until his death. T recollect his speaking to me about the War of 1812. His statement was that that war was urged on by the southern states, while the northern states were averse to hostilities, and there was practically a truce along the border line between Maine and New Brunswick. The embargo maintained by the British warships along the United States coast led to a dearth of manufactured goods in the United States, where manufactures generally were carried on to a very limited extent. My father and grandfather's importations were made chiefly from Bristol, and he told me that just-before the war broke out they had taken stock and were somewhat alarmed at the amount of old or dead hardware stock they had in their store. This had greatly accumulated during the twenty years after my grandfather's business at St. John had commenced. The result of the state of affairs in the United States was the establishment of a large contraband trade along the Maine border, perfectly legitimate however from the New Brunswick standpoint. Purchasers of manufactured goods came to St. John from the United States, the dead stock was cleared out and goods were sold as rapidly as they could be imported. The same thing probably occurred with other St. John merchants,, and the foundation was laid at St. John for a period of prosperity which the city long afterwards enjoyed."