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COLLECTIONS
OF THE
i^otia ^cotta Jltsitoncal ^odttv
iU
VOLUME XIV.
'i4 "wise nation preserves its records, gathers up its muniments, decor-
ates the tombs of its illustrious dead, repairs its great public
structures, and fosters national pride and love of country, by per-
petual references to the sacrifices and glories of the past. "— HoWE.
HALIFAX, N. S.
Wm. Macnab & Son.
1910.
r:
CONTENTS.
PAGB.
Title Page, i
Contents, Hi
Objects of Collections, v
Act of Incorporation, vii
Act Amalgamating Collections, Management, etc., viii
Rules and By-laws, ix
OflBcers and Members, xi
List of Presidents, xiv
Papers'
Fisheries of British North America, etc. By Judge Wallace Graham, 1
Memoir of Governor John Parr; with portrait and hatchment.
ByJas. S. Macdonald, 41
Halifax and the Capture of St. Pierre in 1793. By Rev. T.
Watson Smith, D. D. 80
DeMonts Tercentenary at Annapolis 1604-1904. By Judge
Ldngley, 107
Appendix: Portrait of Governor Parr; 32nd Anniversary of Society,
21st June, 1910, 130
In Memoriam. 106
Papers read before the Society, 1878-1910. 131
'^ Index. 137
Collections of N. S. Historical Society, Vols. I to XIV., List of 142
4
OBJECTS OF COLLECTIONS.
1. Manuscript statements and narratives of pioneer sett-
lers, old letters and journals relative to the early history and
settlement of Nova Scotia, New Brunswick, Newfoimdland
and Prince Edward Island, and the wars of 1776 and 1812; bio-
graphical notes of our Indian tribes, their history, character-
istics, sketches of their prominent chiefs, and warriors, to-
gether with contributions of Indian implements, dress, orna-
ments and curiosities.
2. Diaries, narratives and documents relative to the Loyal-
ists, their expulsion from the old colonies and their settlement
in the Maritime Provinces.
3. Files of newspapers, books, pamphlets, college cata-
logues, minutes of ecclesiastical conventions, associations, con-
ferences and synods, and all other publications, relating to this
Province, New Brunswick, Prince Edward Island and New-
foundland.
4. Drawings and descriptions of our ancient mounds and
fortifications, their size, representation and locality.
5. Information respecting articles of pre-historic antiqui-
ties, especially implements of copper, stone, or ancient coins or
other curiosities found in any of the Maritime Provinces, to-
gether with the locality and condition of their discovery. The
contribution of all such articles to the cabinet of the society
is most earnestly desired.
6. Indian geographical names of streams and localities,
with their signification, and all information generally respect-
ing the condition, language and history of the Micmacs, Mali-
cetes and Bethucks.
Ti NOVA SCOTIA HISTORICAL SOCIETY.
7. Books of all kinds, especially such as relate to Canadian
history, travel, and biography in general, and Lower Canada
or Quebec in particular, family genealogies, old magazines,
pamphlets, files of newspapers, maps, historical manuscripts,
autographs of distinguished persons, coins, medals, paintings,
portraits, statuary and engravings.
8. We solicit from historical societies and other learned
bodies that interchange of books and other materials by^which
the usefulness of institutions of this nature is so essentially en-
hanced,— pledging ourselves to repay such contributions by
acts in kind to the best of our ability.
9. The Society particularly begs the favor and compli-
ments of authors and publishers, to present, withj; their auto-
graphs, copies of their respective works^for its library.
10. Editors and publishers of newspapers, magazines and
reviews, will confer a lasting favor on the Society by contri-
buting their publications regularly for its library, where they
may be expected to be foimd always on file and carefully pre-
served. We aim to obtain and preserve for those who shall
come after us a perfect copy of every book, pamphlet or pap-
er ever printed in or about Nova Scotia, New Brunswick, Prince
Edward Island and Newfoundland.
11. Nova Scotians residing abroad have it in their power
to render their native province great service by making dona-
tions to our library of books, pamphlets, manuscripts, etc., bear-
ing on any of the Provinces of the Dominion or Newfoundland.
To the relatives, descendants, etc., of our colonial governors,
judges and military officers, we especially appeal on behalf of
our Society for all papers, books, pamphlets, letters, etc., which
may throw light on the history of any of the Provinces of the
Dominion.
<,]'
ACT OF INCORPORATION.
CHAPTER 87.
Section. Section.
1. Incorporation. 3. Property vested in cor-
2. May hold real estate. poration.
An Act to incorporate the Nova Scotia Historical Society.
(Passed the 17th day of April A. D., 1879).
Be it enacted by the Governor, Council, and ; Assembly, as
follows :
1. The Honorable John W. Ritchie, the Reverend George W.
Hill, the Reverend Thomas J. Daly, the Honorable William J.
Almon, Thomas A. Ritchie, William D. Harrington, George E.
Morton, and John T. Bulmer, and their associates, members of the
Nova Scotia Historical Society, and such other persons as shall be-
come members of such society, according to the rules and by-
laws thereof, are hereby created a body corporate by the name
of the Nova Scotia Historical Society.
2. The said corporation may purchase, take, hold, and en-
joy real estate not exceeding twenty thousand dollars in value,
and may sell, mortgage, lease, or otherwise dispose of the same
for the benefit of the corporation.
3. Upon the passing of this act the property of the said Nova
Scotia Historical Society, whether real or personal, and all debts
due thereto, shall vest in the said Nova Scotia Historical Society
hereby incorporated.
Viii THE NOVA SCOTIA HISTORICAL SOCIETY
AN ACT.
To provide for the Amalgamation of the Library of the Nova
Scotia Historical Society with the Legislative Library and
the Management of the Joint Collection.
(Passed the 10th day of April, A. D., 1881).
Be it enacted by the Governor, Council and Assembly as follows :
1. The Library of the Nova Scotia Historical Society shall
be amalgamated with the Legislative Library of Nova Scotia,
and the regulation and management of the Joint Collection and
any additions that may be made thereto is hereby vested in a
commission of nine persons to be called the Nova Scotia Library
Commission, of whom the Lieutenant-Governor of the Province
for the time being shall ex officio be one, and the remainder of
whom shall be appointed annually, one half by the Nova Scotia
Historical Society and the other half by the Governor in Council.
2. The Lieutenant-Governor for the time being shall be ex
officio the President of the Commission.
3. Should the Nova Scotia Historical Society at any time
fail to appoint any or all of the Commissioners whom said So-
ciety are hereby authorized to appoint, the rights and powers
vested by this Act in the Commission shall devolve upon the
other members of the Commission.
4. The Librarian shall be appointed by the Governor in Coun-
cil, and shall be such person as the Commissioners shall nomi-
nate, and shall hold office during good behaviour.
5. The Commissioners may make bye-laws from time to time
for the regulation and management of the Library and prescrib-
ing all matters necessary for the control thereof, but such bye-
laws shall not go into force until approved by the Governor in
Council.
6. The Commission shall make an annual report of the ex-
penditure, the general state of the Library, and on all such mat-
ters in connection therewith as may be required by the Gover-
ner in Council, which report shall be laid upon the table of each
branch of the Legislature during the session.
4
RULES AND BY-LAWS-
Revised May 27, 1910.
1. The Society shall be called The Nova Scotia Historical
Society.
Objects.
2. The objects of the Society, shall be the collection, and
preservation of all documents, papers and other objects of in-
terest which may serve to throw light upon and illustrate the
history of this country, the reading at the meetings of the Society,
of papers on historical subjects, the publication, as far as the
funds of the Society will allow, of all such documents and paper
as it may be deemed desirable to publish, the formation of a lib-
rary of books, papers and manuscripts, affording information,
and illustrating historical subjects.
Members.
3. The membership shall consist of Ordinary, Life, Corres-
ponding and Honorary Members. The Ordinary or resident
members, shall pay at the time of admission, an entrance fee of
Five Dollars, and Two Dollars after each succeeding annual
meeting. The Ordinary Members residing outside the limit of
15 miles from the city, may become members on payment of
Two Dollars entrance fee, and One Dollar annually thereafter. Any
Ordinary Member may become a Life Member by the payment
of Forty Dollars. The Corresponding and Honorary Members,
shall be elected by the unanimous vote of the Society, and are
exempt from all dues.
4. Candidates for membership may be proposed at any
regular or special meeting of the Society, by a Member, The pro-
position shall remain on the table for one month, or until the
next meeting, when a ballot shall be taken, one black ball in
five excluding. No person shall be considered a member until
his entrance fee is paid, and if any member shall allow his dues
to remain unpaid for two years, his name may be struck from the
roll.
x nova scotia historical society.
Meetings, Office-Be arers, Etc.
5. The regular meetings of the Society shall be held at 8
p. m., on the first Friday of each month, from November to May,
both months inclusive, and special meetings may be convened on
due notification of the President, or in case of his absence, by the
Vice-President, or on the application of any five members.
6. The annual meeting of the Society shall be held at 8
p. m., on the first Friday of April, at which meeting there shall be
chosen a President, three Vice-Presidents, a Corresponding
Secretary, a Recording Secretary, a Treasurer, and two Auditors,
and a Council of four members, who with the foregoing shall
constitute the Council of the Society. The election of members
to serve on the Nova Scotia Library Commission, under the pro-
visions of Chapter 17, N. S. Acts of 1880, shall take place at the
annual meeting, immediately aft^r the election of ofl&ce-bearers
and Council.
7. All communications which are thought worthy of pre-
servation, shall be minuted in the books of the Society and the
originals kept on file.
8. Seven members shall be a quorum for all purposes at or-
'dinary meetings, but at the annual meeting, in April, ten members
shall form a quorum.
9. No article of the constitution nor any by-law shall be altered
at any meeting when less than ten members are present, nor
unless the subject hes either been discussed at the previous
meeting, or reported on by a committee appointed for that
purpose.
10. The duties of the office-bearers and Council shall be the
same as those performed generally in other Societies.
11. The Publication Committee shall consist of four mem-
bers and shall be appointed by the Council, to them all manu-
scripts shall be referred, and they shall report to the Council
before publication.
Election of Officers.
12. All elections of officers shall be made by ballot, and a
majority of those present shall be required to elect.
y6'\
OFFICERS AISTD MEMBERS
OF THE
NOVA SCOTIA HISTORICAL SOCIETY
1910.
Mr. JUSnCB LONGLET,
President :
Jambs S. Macix>nald.
Vice-Presidents :
Yen. Akcbdbacon Akmitage.
Dr. M. a. B. Smith.
Corresponding Secretary :
Harry Piers.
Recording Secretary :
W. L. Payzant.
Treasurer:
R. J. Wilson,
Council :
G. E. E. Nichols.
Prof. Arch. MacMechan.
Rev. Principal Forrest.
J. H. Trefry.
Jas. S. Macdonald.
G. E. E. Nichols.
G. W. T- Irving.
A. H. Buckley.
Library Commissioners:
Dr. a. H. MacKay.
Prof. Arch. MacMecban.
Publication Committee :
Harry Piers. Prof. Arch. MacMechan.
Auditors :
W. L. Brown.
xu
NOVA SCOTIA HISTORICAl, SOCIETY
membe:rs.
Almon, Rev. Canon.
Almon, Dr. W. Bruce.
Archibald, Charles.
Armitage, Ven. Archdeacon.
Archibald, R. C, (Cambridge, Mass.).
Armstrong, Hon. J. N., (North Sydney).
Archibald, Mrs Chas.
Brown, R. H.
Bowes, F. W.
Brown, W. L.
Buckley, A. H.
Bell, Adam C, (New Glasgow).
Baker, Geo. Prescott, (Yarmouth).
Barnes, H. W.
Browne, Rev. P. W.
Bryant, Herbert.
Baird, Rev. Frank, (Sussex, N. B.).
Bourinot, John C, (Port Hawkesbury).
Burchell, C. J., (Sydney).
Campbell, George S.
Chisholm, Hon, C. P.. (Com. P. Works).
Campbell, Dr. G. M.
Campbell, Dr. D. A.
Cox, Miss Mary E., (Shelbume).
Crowe, Walter, (Sydney).
Chesley, Judge S. A. (Lunenburg).
Campbell, A. J., (Truro).
Chesley, A. E. H., (Kentville).
Chisholm, Dr. Murdoch.
Chute, Rev. Dr., (Wolfville).
Curry, J. M., (Amherst).
Dennis, William.
DncocK, W. D., (Truro).
Draper, Rev. T. F., (Louisbourg).
Densmore, Dr. L. D., (Sherbrooke).
Doane, H. L., (Truro).
Des Barres, Rev. F. W.w.,(Sackville N.B)
Eaton, B. H., K. C.
Edwards, J. P., (Londonderry).
Eraser, Lt.-Gov.
FOGO, Fred. C, (Pictou).
Franklyn, Geo. E.
Forrest, Rev. Principal.
Fenerty, E. Lawson.
Fleming, Sir Sanford.
Parish, Dr. Geo. T., (Yarmouth).
Faulkner, Hon. Geo. E.
Goudge, Hon. M. H., (Windsor).
Gilpin, T. B., (Digby).
Hattie, Dr. W. H.
Harris, Robert E., K. C.
Howe, Sydenham, (Middleton).
Hattie, R. M.
Hewitt, H. W.
Herein, J. F., (Wolfville).
Hill, Rev. Dr. A. M., (Yarmouth).
Harrival, S. J.
Haslam, Mrs. L., (Liverpool.)
IRVIN, John, (Bridgetown).
Irving, G. W. T.
Irwin, Robert, M. L. A., (Shelbume).
JOST, Dr. a. C, (Guysboro).
Jones, Dr. Josiah W., (Digby).
Johnson, J. A.
Jack, Rev. T. C-. (North Sydney).
Jameson, Clarence X., M. P., (Digby).
Jack. A. M.
Kellogg, W. B.
Kelly. Dr. F. W., (Bridgewater).
Logan, J. W.
Longard, E. J.
LoNGLEY, Mr. Justice.
Lockewood, Dr. T. C, (Lockeport).
Lane, Chas. W., (Limenburg).
Macdonald, Hon. Chief Justice.
Macdonald, Dr. S. D.
Macdonald, Dan,, F., (Stellarton).
Macdonald, C. Ochiltree.
Maclean, Rev. J., (Norden, Mass.)
Maclean, Jas. A., K. C, (Bridgewater).
Maclean, Hon. Atty-Gen., K. C.
MacMechan, Archibald, Ph. D.
MacLennan, Dan., K. C, (Port Hood).
McLennan, John S., (Sydney).
MacGregor. R. M., (New Glasgow).
MacInnes, Hector. K. C.
MacKay, a. H., Ll. D.
MacKay, Adams A.
McKay, Alexander.
Macnab, John.
Macnab, Wm.
MacKay, Prof. E.
MEMBERS.
Xlll
Macgillivray, D.
McNeil, Alex., Washington.
Marshall, W. E., (Bridgewater).
MuLLANB, Geo.
Mills, Col. D. A., (London, England).
Morton, Rev. A. S.
MxjRRAY, Prof. D. A., (Montreal).
Murray, Prof. W. C, (Saskatoon. Sask.)
MiLNER, W. C-
Matheson, D. Frank, (Lunenburg).
Morton, Rev. A. D., (Guysboro).
Meynell, W. B., (Louisbourg).
Nichols, G. E. E.
oxjtram, f. p.
OxLEY, Col. F. H.
Owen, D. M.
OwBN, Mrs. J. M., (Annapolis Royal).
Pearson, F. J.
Payzant, John Y
Paint, Hbnry N.
Piers, Harry.
Power, J. J., K. C.
Power, Hon. Senator,
Payzant, W. L.
Patterson, Judge Geo., (New Glasgow).
Pyke, John George, (Liverpool).
Roberts, Arthur, K. C, (Bridgewater)
Robertson, T. Reginald, K. C.
Read, H. H., M. D.
Rickey, Hon. M. H.
Ritchie, Geo.
Rogers, T. Sherman, K. C.
Ross, W. B., K. C.
Rudolph, H. L., (Annapolis).
Ross, Hon. Senator.
Ritchie, W. B. A., K- C.
Rogers, Mrs. H. W., (Amherst).
Regan, John W.
Ragsdalb, Jas. W., U.S. Consul-General.
Ritchie, Jas. D.
Shatford, a. Welesley, (Hubbard's Cove) ,
Shortt, Alfred.
Smith, Rev. A. W. L.
Smith, Dr. M. A. B.
Smith, L. Mortimer.
Sinclair, J. H., M. P., (New Glasgow).
Stairs, H. B., (Montreal).
Savary, Judge. (Annapolis).
Saloan, David (Truro).
Stairs, George.
Townshend, Hon.Chief JusTiCE(Wolfv'le)
Trefry, Jas. H.
Thorne, E. L.
Tupper, Joseph Freeman, (Dartmouth).
Tremain, Hadley, B., (Windsor).
Van Buskirk, Geo. E., (Dartmouth).
ViCKERY, E. J., (Yarmouth).
Worrell, Rt. Rev. C. L.
Wilson, R. J.
Woodbury', Dr. F.
Wylde, Col. John T.
Whidden, C. Edgar, (Antigonish).
White, N. W., (Shelbume).
Weatherbe, Sir Robert L.
Whitman, J. Handfield.
ZwiCKER, Ed. J., (Cape North).
Zwicker, Rupert George, (Cape North).
Life Members :
Macdonald, Jas. S.
Corresponding Members:
Goldsmid, Edmund, F. R. S., (Edinburgh).
Ward, Robert, (Bermuda).
Griffin, Martin J., C. M. G., (Ottawa).
Wrong, Prof. Geo. M., (Toronto).
Bryce, Rev. Geo., (Winnipeg).
AD.A.MS, Chas. Francis, (Boston).
Prowse, Judge D. W., (St. John's, Nfld,).
Ganong, Prof. W. F., (Northampton, Mass.)
Doughty, Arthur G., C. M. G. (Ottawa).
Honorary Members:
Dr. George Johnson. (Wolfville).
Sir Conan Doyle, (London).
Chas. G. D. Roberts, (London).
Rev. W. D. Raymond, (St. John, N. B.)
PRESIDENTS,
NOVA SCOTIA fflSTORICAL SOCIETY,
1878 - 1910.
Hon. John W. Ritchie 1878-1879
Rev. George W. Hili,, D. D I88O-I881
Thomas B. Aikins, D. C. L 1882
Rev. George W. Hill, D. D 1883-1885
Lt.-Gov. Sir A. G. Archibald 1886-1892
Lt.-Gov. M. H. Richey 1893-1895
Mr. Justice Weatherbe 1896
Mr. Justice Longley 1897-1904
Rev. John Forrest, D. D 1905-1906
Prof. Archibald MacMechan, Ph. D 1907-1909
James S. Macdonald 1910
THE FISHERIES OF BRITISH NORTH AMERICA AND THE
UNITED STATES FISHERMEN.
BY
THE HON. WALLACE GRAHAM, JUDGE OF THE SUPREME COURT
OF NOVA SCOTIA.
I.
Before the Convention of 1818.
By the Treaty of Paris, 1763, France yielded up to Great
Britain all the possessions held by her in North America with
the exception of some small islands. The fisheries along the
shores of the ceded territory, saving those on the coast of New-
foundland reserved by France, went with it to the Crown of
Great Britain to be enjoyed by the subjects of that country.
In 1783, at the close of the War of Independence, the thirteen
colonies which became the United States, in negotiating the
treaty of peace put forward the subject of the fisheries as a
matter for negotiation. As British subjects, the fishermen of
the New England colonies had enjoyed the use of the fisheries
on the North Eastern Coast; not merely those, but they had
used the fisheries known as the Bank fisheries and the fisheries
in the Gulf of St. Lawrence (not inshore fisheries); and, they
had also used certain shores for the purpose of drying and curing
the fish, as the mode of curing then was, before returning home
with their catch.
Nothing is more clear now than that they ceased to have
any right to the inshore fisheries, or to use the shores of British
territory for any such purpose. As to the Bank and Gulf fisheries
beyond the territorial limits, no doubt, they in common with the
subjects of all other countries had the right to fish there. In
the War of Independence, they had not permanently invaded
or acquired any part of the territory now comprised in the coasts
of Quebec, New Brunswick, Nova Scotia, Newfoundland, or the
islands of the Gulf of St. Lawrence. The right of fishing went
with the ownership of the coasts ; but, their rights in respect
2 NOVA SCOTIA HISTORICAL SOCIETY.
to both the inshore and the deep-sea fisheries were not as clearly
understood as they now afe, and so both came up for discussion
by those who negotiated the treaty; therefore, a distinction was
made in the terms of the treaty. Their use of the deep-sea
fisheries was to be regarded as a right; while, the use of the in-
shore, or coast fisheries, or the privilege of curing fish on the
shore was conceded as a liberty.
The effect of the article of the treaty is as follows:
(1). The people of the United States shall continue to
enjoy unmolested "the right to take fish" of every kind
on the Grand Banks, the Banks of Newfoundland, also in
the Gulf of St. Lawrence and all other places in the sea
where the inhabitants of both countries used heretofore
to fish.
(2). The inhabitants of the United States shall have
"liberty to take fish" of every kind on such part of the coast
of Newfoundland as British fishermen shall use, and also
on the coasts, bays and creeks of all other of His Britannic
Majesty's dominions in America.
(3). The American fishermen shall have "liberty to
dry and cure fish" in any of the unsettled bays, harbours
and creeks of Nova Scotia, Magdalen Islands and Labrador,
so long as the same remain unsettled; but, not in New-
foundland.
This article of the treaty was obviously distasteful to the
British colonists. The thousands of Loyalists who had been
expelled from the United States and found a home on our shores
would not look with favour upon their former enemies participat-
ing on equal terms with themselves in the fisheries, which by
rebellion they had forfeited.
The War of 1812 between Great Britain and the United
States brought about the opportunity of raising their complaint
and claiming something different. By a memorial of the 8th of
October, 1813, the Government of Nova Scotia entreated His
Majesty's Ministers to guard against the "hateful article" of
the treaty of 1783, and to exclude the French, American and
FISHERIES OF BRITISH NORTH AMERICA. 3
foreign fishermen from the narrow seas and waters of these
northern colonies — stating that the inhabitants procured a
living by their industry in these waters which unquestionably
belonged to Britain. They urged that if American citizens were
to obtain the right of entering the gulfs, bays, and harbours of
these colonies that there could be no security against illicit
trade and the numerous evils affecting such intercourse;
"That the intercourse permitted by that fatal article of the
definitive treaty was detrimental and ruinous. "^
On the 8th of August, 1814, when the plenipotentiaries of
the two countries met at Ghent to negotiate a treaty of peace
(resulting in the Treaty of Ghent) the British plenipotentiaries
announced at the first meeting that the British Government
did not intend to grant to the United States gratuitously the
privileges formerly granted to them by treaty, of fishing within
the limits of British territory, or of using the shores of the British
territories for purposes connected with the fisheries. "
Indeed, in the original instructions to the British Commis-
sioners dated July 28, 1814, it was stated that the provisions
of the Treaty of 1783 relating to the in-shore fisheries had been
the cause of so much inconvenience that the British Government
had determined not to renew them in their present form without
an equivalent.
It appears that the law officers of the Crown, Sir W. Scott,
and Sir C. Robinson, had already given an opinion that the War
of 1812 had terminated the provisions contained in the articles
of 1783, by which the liberty to take fish on the coast of British
North America and to cure fish on certain shores had been granted.
There was a conflict of opinion between the Commissioners
of the two countries, and the result of the negotiations was that
the treaty of peace was concluded without any provision relating
to the fisheries. Mr. John Quincy Adams, speaking of the
British Commissioners said: "Their efforts to obtain our ac-
quiescence in their pretensions that the fishing liberties had been
forfeited by the war were unwearied. They presented it to us
See Journals of the Legislature 1838, p. 361 —
4 NOVA SCOTIA HISTORICAL SOCIETY.
in every form that ingenuity could devise. It was the first
stumbling-block and the last obstacle to the conclusion of the
treaty."
This question, which ultimately led to the Convention of 1818,
between the two countries, was rife during the intervening
period.
The British contention, always maintained in accordance
with the opinion of the law officers of the Crown, was in effect
that the third article of the treaty conferred the liberties mentioned^^
and that this grant had been forfeited as the result of the war.
The American contention was that these liberties already
existed and were merely recognized by that article of the treaty
and were not created by it, and that therefore it continued in
force notwithstanding the War of 1812. A long correspondence
on the subject took place between Mr. John Quincy Adams
and Lord Bathurst; but the British Government firmly adhered
to the contention and acted upon that position. i
It is customary for United States writers in discussing the
question of the fisheries, to hark back to their original conten-
tion, but for those who have to negotiate a treaty or
take things as they find them, that question, whether the
article of the Treaty of 1783 was put an end to by the War of 1812
is for ever settled. For us it was settled by the opinion of the
law officers of the Crown already mentioned. That opinion was
afterwards confirmed by an opinion of the law officers of the
Crown, namely: Sir J. Dodson, and Sir T. Wilde, afterwards
Lord Truro, obtained at the instance of the Nova Scotia House
of Assembly in 1841; and it was decided on the 24th of August
1818, by Crofton Uniacke, Judge of the Vice-Admiralty Court
at Halifax, in a judgment in the case of the Nabby seized by
H. M. S. Saracen.^
For the United States, it has been settled by at least three
subsequent treaties, each in part touching the fisheries, which
iSee Lord Bathurst's despatch, Murdoch History of Nova Scotia: vol.3, p. 382.
^Journals of the House of Assembly, 1837, App. No. 75.
FISHERIES OF BRITISH NORTH AMERICA. 5
liave conceded the position, and by the condemnations of the
Vice-Admiralty Court at Halifax, submitted to on so many
occasions.
The concession of Great Britain, in the treaty of 1783, of liber-
ties which, in ordinary circumstances, should not have been
granted, on the one hand, and the revocation of those liberties
on the other, may be matters for the historian, they are no longer
subjects for the consideration of treaty-makers, or those who
have to discuss present conditions.
In the month of June, 1815, the commander of H. M.
S. Jaseur sent eight captured fishing vessels of the United
States into Halifax as prizes. He warned off one found on the
ground of fishing within sixty miles of land, but this extreme
view was afterwards disavowed by the Government.
In 1817, instructions were issued by the Government of Great
Britain to seize foreign fishing- vessels, fishing or at anchor, in any
of the harbours or creeks in His Majesty's North American
possessions, or within the maritime jurisdiction and send them
into Halifax for adjudication. Under these instructions, a number
of American fishing-vessels were seized in June, 1817, by H. M. S.
Dee.
XL
The Convention of 1818.
The circumstances, which I have just mentioned, led, no
doubt, to the negotiation of the treaty of October 8th, 1818,
still in force. That treaty was negotiated by Mr. Albert Gallatin,
the American Minister to France, Mr. Richard Rush the Minister
to Great Britain, commissioners on behalf of the United States,
and Mr. John Frederick Robinson, afterward Lord Goderich and
Mr. Henry Goulburn on behalf of Great Britain.
Article one of the treaty is as follows: I recite it in its enti-
rety because its interpretation has been the subject oi many
international and juridical discussions:
NOVA SCOTIA HISTORICAL SOCIETY.
"It is agreed that the inhabitants of the United
'States shall have forever, in common with the sub-
'jects of His Britannic Majesty, the liberty to-
'take fish of every kind on that part of the Southern
'Coast of Newfoundland which extends from Cape
'Ray to the Rameau Islands; on the Western and
'Northern Coasts of Newfoundland from the said Cape
'Ray to the Quirpon Islands; on the shores of the Magdalen
'Islands, and on the Coasts, Bays, Harbours and Creeks
'from Mount Joly on the southern coast of Labrador to
'and through the Strait of Belle Isle and thence indefinitely
'along the Coast; without prejudice, however, to any of
'the exclusive rights of the Hudson Bay Company:
"And that the American fishermen shall also have liberty
' forever to dry and cure fish in any of the unsettled bays,
'harbours and creeks of the Southern part of the Coasts
'of Newfoundland hereabove described and the Coast of
'Labrador; but so soon as the same or any portion thereof
'shall be settled it shall not be lawful for the said fishermen
'to dry or cure fish at such portions so settled without
'previous agreement for such purpose with the inhabitants,
'proprietors or possessors of the ground;
"And the United States hereby renounce forever any
'liberty heretofore enjoyed or claimed by the inhabitants-
' thereof to take, dry or cure fish on or within three marine
'miles of any of the Coasts, Bays, Creeks or Harbours of
' His Britannic Majesty's dominions in America, not included
'within the above mentioned limits;
"Provided, however, that the American fishermen shall
' be admitted to enter such bays or harbours for the purpose
'of shelter and of repairing damage therein, of purchasing
'wood and obtaining water and for no other purpose what-
'ever. But they shall be under such restrictions as may
'be necessary to prevent them taking, drying or curing
'fish therein or in any other manner whatever abusing the
'privileges hereby reserved to them."
FISHERIES OF BRITISH NORTH AMERICA. '
This treaty has regulated the privileges of American fishing-
vessels, with the exception of the period between 1854 and 1866,
during which, the so-called Reciprocity Treaty, was in force,
and from thence to the year 1870, during which a system of
licenses to fish within the territorial limits prevailed, and the
period between 1871 and 1885, when the provisions relating to
the fisheries contained in the Washington Treaty were in force,
and the period between 1888 and the present, when a " modus
Vivendi" providing for licenses to enable vessels to visit har-
bours for other purposes than those mentioned in the treaty,
has prevailed.
At the first session of the parliament of the United Kingdom
after the ratification of the treaty, there was passed a statute,
(59 George III, ch. 38), to make it effective and to provide for
its enforcement by the courts, by the imposition of penalties.
By section 3, of this act. His Majesty-in-Council was given
power to make regulations by order-in-Council carrying into
effect the provisions of the treaty, and, no doubt, for imposing
the restrictions mentioned in the treaty to prevent the abuse
of the privileges thereby granted.
The principal provision of the act provided for the forfeiture
of any vessel found fishing, or preparing to fish, or to have been
fishing, within three marine miles of any of the coasts, bays,
creeks or harbours of His Majesty in America, not included
within the limits excepted in the treaty.
On the 24th of February, 1836, a joint address to the Sovereign,
by the Council and Assembly of Nova Scotia prayed for regula-
tions to be made under the Imperial Act. It submitted the
great importance of preserving unimpaired the rights and privi-
leges belonging to subjects engaged in the fisheries upon the
coast of this province and preventing foreigners from interfering
or participating in such rights and privileges. It set forth that,
" your Majesty's subjects in this Province have experienced great
inconvenience and loss in this branch of industry by foreign
interference, and the revenue is injuriously affected by the illicit
trade carried on by vessels ostensibly engaged in the fisheries^
8 NOVA SCOTIA HISTORICAL SOCIETY.
who hover on the coast, and in many cases combine trade with
the fisheries, a traffic prejudicial alike to the Revenue, the impor-
tation of British manufactures, the honest trader and the political
and moral sentiments, habits and manners of the people."
On the 12th of March, 1836, the Provincial Legislature passed
an Act (Acts of 1836, 6, William IV., eh. 8), entitled, "An act
relating to the fisheries and for the prevention of illicit trade
in the Province of Nova Scotia and the Coasts thereof. " After
reciting the Convention of 1818 and the Statute of the United
Kingdom it continues: —
And Whereas the said Act does not designate the
'persons who are to make such seitjure as aforesaid, and
'it frequently happens that persons infringing the Articles
'of the Convention, aforesaid, and the enactment of the
'Statute aforesaid, on being taken posesssion of profess
'to have come within said limits for the purpose of shelter-
'ing and repairing damage therein or to purchase wood
'and obtaiii water, by which the law is evaded and the
'vessel and cargoes escape confiscation, although the cargoes
'may be evidently intended to be smuggled into this Province,
'and the fishing carried on contrary to the said Convention
'and Statute."
Then a number of sections followed which were passed to
supplement the statute of the United Kingdom.
This act of the Provincial Legislature received the assent
and ratification of His Majesty by an imperial order-in-Council
of the 15th of June, 1836. On the 5th of July, 1836, a similar
order-in-Council of His Majesty was passed, declaring that the
clauses and provisions of the provincial act should be the rules,
regulations and restrictions respecting the fisheries on the coasts,
bays and creeks, or harbours of Nova Scotia. These two orders-
in-Council are to be found in the Journals for 1837; (Appendix
1, pages 2 and 3.)
Similar statutes were passed in New Brunswick, and Prince
Edward Island, in 1843 and 1853.
FISHERIES OF BRITISH NORTH AMERICA. 9
The effect of all of these provincial statutes was that a penalty,
as in the imperial statute, was imposed, of forfeiture of vessels
found fishing, or preparing to fish, or to have been fishing within
three marine miles of the coasts, bays, creeks, or harbours.
There was also a penalty imposed of £lOO on the per-
son in command, if he should not truly answer questions put
to him.
These statutes also, as is usual in Revenue Acts, placed the
burden of proof on the person disputing the validity of the seizure.
One word in respect to those colonial statutes. They have
met with severe denunciation in the United States, whenever
the fishery question has come up for discussion or negotiation.
They have been termed harsh. The adjectives used to charac-
terise them are not usually found in diplomatic currency. It
became my duty some years ago to look for theorigin of these laws.
They are just copies of old English revenue provisions. The colo-
nists merely turned the statutes intended for smugglers against
fish poachers in the colonial waters.
And mark, everyone of the provisions had also been copied
by the United States from the Mother Country for the protection
of its revenue, and will be found on the United States Statute
book. And no decision in our Court upon these provisions had
ever been given but precedents could be cited for it from the
reports of the United States. The provisions here have never
been used harshly.
During the session of the Legislature of Nova Scotia in 1837,
a committee, of which James B. Uniacke was chairman, made
a report on the subject of the Fisheries which is dated 10th
April, 1837, and will be found in the Journals of the House for
1837, Appendix No. 75.
The infringement of the treaty by American fishermen formed
the subject of investigation.
The Committee had prepared a number of interrogatories
and those interrogatories were submitted to upward of fifty
witnesses in the different communities of the province. Many
10 NOVA SCOTIA HISTORICAL SOCIETY.
of them were entirely competent to speak on the subject.
There were merchants, people engaged in supplying fishermen,
and fishermen themselves. From the names of some of those
who answered these interrogatories, I infer that they were sub-
stantial men in the communities which they represented,
whose statements (for many of them were not on oath and were
of course given ex parte) would be taken as if they were on oath,
and as if there was a cross-examination to follow.
In my opinion the report of that committee of which James
B. Uniacke was chairman was substantiated in every respect by
the evidence, and the joint address of both houses to His Majesty-
praying for action in the matter, was, in every respect justified.
I attach as an appendix to this paper extracts from that
Report and the joint address to the throne and the
reply of the British Government thereto. Under date
of January 27th, 1838, and March 19th, 1839, the
Government of New Brunswick forwarded to the British
Government similar complaints in respect to that Province;
and in the latter case a report of a committee of the House of
Assembly, after an investigation and founded on similar evidence.
On the 24th of March, 1843, both Houses of the Legislature* in
Prince Edward Island forwarded a similar address, putting
forward similar complaints in respect to that province.
These documents will be found in the proceedings of the
Halifax Fisheries Commission, 1877, Vol. 2., pages 1462 and
following (American Edition) and are also included in the Appen-
dix thereto.
III.
Construction of "Bays."
Probably the first question as to the interpretation of the
Convention arose out of the word "bays," and it arose in con-
nection with the Bay of Fundy. The British contention was
that three miles from the 'Coasts and Bays,' meant three miles,
from the coasts and where there was a bay, three miles from the
FISHERIES OF BRITISH NORTH AMERICA. 11'
bay, i. e., the entrance to, or a line drawn between the head-
lands of the bay.
The American contention was that three miles from the
coasts and bays meant three miles from the coasts and three
miles from the shores of the bays.
In July 26th, 1824, two vessels, the Reindeer and Ruby ' were
seized in the Bay of Fundy (at Two Island Harbour, Grand Manan).
The seizure formed the subject of a complaint by the American
Government; but, probably because the two vessels were retaken
possession of by the owners, there was nothing further than
the reply to the communication of Mr. Addington in February,
1825, claiming that the Bay of Fundy was within the prohibited
limits.
In 1838 and 1839, seizures were again made. On the 10th
of July, 1839, the American Government complained of seizures
in the Bay of Fundy made by the Victory, and the President
of the United States appointed Mr. John S. Payne to the com-
mand of a United States vessel to proceed to the fishing grounds.
He reported on December 29th, 1839.
He says: 'the authorities of Nova Scotia claim a right to
exclude Americans from all bays including such large Seas as
the Bay of Fundy and the Bay of Chaleur and also to draw a
line from headland to headland; the Americans not to approach
within three miles of this line. The fishermen on the contrary
believe they have right to work anywhere if not nearer than
three miles from the land.' He proceeds: —
"If the ground maintained by the Americans be admitted,
it will be difficult to prevent them procuring articles of convenience;
and particularly bait, from which they are excluded by the Con-
vention and which a party in the Provinces seems resolved to
prevent. (See Doc. 1st, Sess., 32nd Congress, Doc. 100).
In March, 1841, the subject was brought to the attention
of Lord Palmerston by Mr. Stevenson, the American Minister
to England, and was referred to Lord Falkland, then the Governor
of Nova Scotia. Lord Falkland wrote in reply to Lord John
12 NOVA SCOTIA HISTORICAL SOCIETY.
Russell, Colonial Secretary, that the greatest anxiety was felt
by the inhabitants of the Provinces, that the Convention of
1818 should be strictly enforced. He enclosed a copy of a report
of a committee on the fisheries of Nova Scotia, which had been
adopted by the House of Assembly, and a case which has been
stated at the request of tjbat body for the opinion of the law
officers of the Crown in England.
In November, 1842, Lord Stanley transmitted that opinion
of Sir John Dodson and Thomas Wilde to the Governor of Nova
Scotia.
The contention of the Colonial authorities in respect to
bays generally (without specific reference to the Bay of Fundy)
was upheld, as was also a contention that American vessels had
not the right to pass through the strait of Canso.
That opinion has been attacked because in giving reasons
it is assumed contrary to the fact that the word 'headlands'
was used in the treaty; but a careful examination of the whole
opinion will show that the conclusion is not wholly based upon
that assumption.
On May 10th, 1843, the American schooner, Washington
was seized in the Bay of Fundy, at least ten miles from the shore.
The Bay is about 40 miles in width and 140 miles long.
This seizure formed the subject of a remonstrance on the
part of the United States. Extracts from the letters of Mr.
Everett, the American Minister, of the dates of August
10th, 1843, and May 25th, 1844; and the letter of Lord
Aberdeen of April 15th, 1844, will be found in the American
Brief in the Proceedings of the Halifax Fishery Commission,
1877, Vol. 1. p. 145, and following.
The argument of Lord Aberdeen is very concise; he says: —
"Upon reference, however, to the words of the treaty it will
be seen that American vessels have no right to fish, and indeed,
are expressly debarred from fishing in any bay on the coast of
Nova Scotia."
FISHERIES OF BRITISH NORTH AMERICA. IS
" If the treaty were intended to stipulate simply that American
fishermen should not take fish within three miles of the Coast —
there was no occasion for using the word 'bay' at all; but the
proviso at the end of the article shows that the word 'bay' was
used designedly, for it is expressly stated in the 'proviso' that
under certain circumstances the American fishermen may enter
bays, by which it is evidently meant that they may under those
circumstances pass the sea line which forms the entrance of
the bay."
Mr. Everett in reply confines the argument to the Bay of
Fundy, that, it is not to be considered one of the "Bays; he says:
"In estimating this distance (three miles) the undersigned
admits it to be the intent of the treaty, as it is itself reasonable
to have regard to the general line of the coast, and to consider
its bays, creeks, and harbors, that is the indentations usually
so accounted, as included within that line. But the under-
signed cannot admit it to be reasonable instead of following the
general direction of the coast to draw a line from the south
westernmost point of Nova vScotia to the termination of the
north eastern boundary between the United States and New
Brunswick."
In August, 1844, the American Schooner, Argus was seized
by the Sylph, sl cutter from Halifax, while fishing off the
Coast of Cape Breton within a line drawn from Cape North to
the northern head of Cow Bay, but more than three miles from
land.
And this seizure formed the subject of a remonstrance in a
letter from Mr. Everett to Lord Aberdeen of October 9th, 1844.
On the 10th of March, 1845, Lord Aberdeen wrote to Mr.
Everett, informing him that the British Government still adhered
to their previous construction of the treaty, and that in this
view they were fortified by high legal authority, and denied
any right of American fishermen to fish in any part of the Bay
of Fundy included within the British possessions, or, in the case
of any other bays, within three miles of the entrance of such
bays as designated by a line drawn from headland to headland.
14 NOVA SCOTIA HISTORICAL SOCIETY.
but that they would relax the right of excluding those fishermen
from the British portion of the Bay of Fundy "provided they
do not approach, except in the cases specified in the treaty of
1818, within three miles of the entrance of any bay on the Coast
of Nova Scotia or New Brunswick. "
Mr. Everett on the 25th of March, 1845, replied that 'it would
be placing his Government in a false position to accept as a mere
favor that which they had so long and strenuously contended
as due to them from the Convention".
In May, 1845, Lord Stanley intimated to Lord Falkland,
Lieutenant-Governor of Nova Scotia, that the British Govern-
ment "contemplated the further extension of the same policy
by the adoption of a general regulation; that the American
fishermen should be allowed freely to enter all bays of which
the mouths are more than six miles wide." He replied, request-
ing that as the local interests of Nova Scotia were affected so
deeply that negotiations ought to be suspended until he could
again communicate with him.
The Attorney-General of Nova Scotia, the Honorable J. W.
Johnstone, prepared a report on the subject, and it was forwarded
to England. This report will be found in the well-known report
of Lorenzo Sabine to the Secretary of the Treasury upon the
subject of the Fisheries.
Mr. Charles Simonds, Speaker of the House of Assembly of
New Brunswick, went to England to oppose this concession.
The remonstrance of the Colonies was so far successful, that
under date of 17th of September, 1845, Lord Stanley wrote to
Lord Falkland, Lieutenant-Governor of Nova Scotia as follows:
"Her Majesty's Government have attentively considered
the representations contained in your despatches respecting
the policy of granting permission to the fishermen of the
United States to fish in the Bay of Chaleur and other large
bays of a similar character on the coasts of New Brunswick
and Nova Scotia; and, apprehending from your statements
that any such general concession would be injurious to the
interests of the British North American Provinces, we have
I
FISHERIES OF BRITISH NORTH AMERICA. 15
abandoned the intention we had entertained on the subject,
and shall adhere to the strict letter of the treaties which
exist between Great Britain and the United States, relative
to the Fisheries in North America, except in so far as they
may relate to the Bay of Fundy which was then thrown
open to the North Americans under certain restrictions."
In a letter of the 21st of April, 1845, Lord Aberdeen had
informed Mr. Everett that the relaxation in the case of the Bay
of Fundy had not been extended to other bays.
On the 6th of July, 1852, Daniel Webster, then Secretary
of State, in an important state paper, dealt with this subject :
After quoting the convention, he says: "It would appear
that by a strict and rigid construction of this Article, fishing
vessels of the United States are precluded from entering
into the bays, or harbors of the British Provinces except
for the purpose of shelter, repairing damage and obtaining
wood and water.
" A bay, as is usually understood, is an arm or recess of
the sea entering from the ocean between capes and head-
lands, and the term is applied equally to small and large
tracts of water thus situated; it is common to speak of
Hudson Bay or the Bay of Biscay, although they are very
large tracts of water.
" The British authorities insist that England has a right
to draw a line from headland to headland, and to capture
all American fishermen who may follow their pursuits in-
side of that line. It was undoubtedly an oversight in the
Convention of 1818 to make so large a concession to England,
since the United States has usually considered that those
vast inlets or recesses of the ocean ought to be open to
American fisherman as freely as the sea itself to within
three marine miles of the shore."
Under a Convention of 8th of February, 1853, the case of
the schooner Washington came before two commissioners
appointed to consider the claims of the subjects of the two coun-
16 NOVA SCOTIA HISTORICAL SOCIETY.
tries. The commissioners disagreed. Mr. Joshua Bates was-
chosen umpire. He was a junior partner in an American branch
of the English house of Baring Brothers. His decision awarded
damages to the owners of the Washington. It will be found
in the proceedings of the Halifax Commission, 1877, volume 1^
page 152. His grounds are not clear, other than that the Bay
of Fundy was not a British Bay because one of its headlands-
was in the United States, and that Little Manan, an American
Island, was situated nearly on a line from headland to headland.
The same authority awarded damages to the owner of the
Argus, seized off the coast of Cape Breton.
The arguments in respect to the matter of the Bays will be
found in the briefs presented before the Halifax Fishery Com-
mission, 1877, although it turned out that no decision was neces-
sary, or was given, in respect to it by that tribunal.
It has been held in the United States, in the case of Stetson
vs. the United States, by a tribunal created in respect to the
Alabama Claims: 32 Albany Law Journal, 484, that the Chesa-
peake Bay, at least twelve miles in width at its headlands was
a United States Bay, wholly within the territorial jurisdiction
of that Government and no part of the High Seas. Reliance
was placed on a decision of the Judicial Committee of the Privy
Council, 2 App., Cases 349, in respect to Conception Bay in New-
foundland, which is 20 miles between the headlands, and the
Concession in 1793 by the nations interested in the case of the
Grange captured within the Capes, that the Deleware Bay, as
the Attorney General of the United States had advised, was
also United States Territory.
IV.
Conditions Prior to the Reciprocity Treaty.
Between 1847 and 1851, overtures were made to the United
States in respect to an arrangement as to the fisheries and reci-
procity in trade. The duties in the United States upon foreign
FISHERIES OF BRITISH NORTH AMERICA. 17
caught fish and the bounties paid by the United States Govern-
ment to the fishing vessels of the United States prevented com-
petition by the fishermen of these provinces. They had no
market for their catch. For three successive sessions, Congress
refused to pass the necessary legislation to secure reciprocal
trade and an arrangement as to the fisheries.
On the 21st of July, 1851, as the result of a meeting held at
Toronto of. delegates from the Provinces, it was agreed that the
then Province of Canada should co-operate with Nova Scotia in
protecting the fisheries, by providing a steamer, or two sailing
vessels to cruise in the Gulf of St. Lawrence and along the coasts of
Labrador; that Nova Scotia would continue to employ at least
two vessels, and that the delegates from New Brunswick would
urge upon that government the importance of making provision
for at least one vessel to be employed in the Bay of Fundy.
This co-operation was secured by the Honorable Joseph
Howe, who reported the result of his mission to the Govern-
ment: (Journals of the House, for 1853, app. 4.)
In 1851, the House of Assembly adopted a report in regard
to the subject of granting liberty to the American fishermen
to pass the Straits of Canso.
On the 27th of May, 1852, a despatch to the Administrator of
the Government from Downing Street assured him that "among
many pressing subjects which have engaged the attention of
Her Majesty's Ministers since their assumption of office, few
have been more important in their estimation than the question
relating to the protection solicited for the fisheries on the coasts
of British North America.
" Her Majesty's Ministers were desirous to remove all ground
of complaint on the part of the Colonies in consequence of the
encroachment of the fishing vessels of the United States upon
these waters from which they are excluded by the terms of the
Convention of 1818, and they therefore intend to despatch as
soon as possible a small force of steamers or other small vessels
to enforce the observance of that Convention."
2
18 NOVA SCOTIA HISTORICAL SOCIETY.
During the season of 1852, the brigan tines Halifax and
Belle and the schooners Daring and Responsible were fitted
out and commissioned by the Provincial Government for the
protection of the fisheries.
The Commissioner's instructions to the Commanders will
be found in the Journals for 1853, Appendix No. 4.
The province of Canada also (in pursuance of the Toronto
agreement) employed one vessel, New Brunswick, two, and
Prince Edward Island, one.
During the season of 1853, in addition to the government
schooner Daring, two vessels were chartered by the provincial
government and commanded and manned from the Flagship
Cumberland. The report of the Board of Works contains this para-
graph: "The whole of the grant for this service was not exi>ended
in consequence of the Vice-Admiral (Sir George F. Seymour),
having furnished so many vessels and manned and victualled
the two chartered by the Province." The H. M. S. Basilisk,
Commander Egerton; the Devastation, Commander De Horsey
and afterwards Capt. Campbell, and the Dart, a tender com-
manded by Lieutenant Jenkins, were employed in addition
to the provincial vessels already mentioned.
On the 25th of September, 1852, the law officers of the
Crown in England gave an opinion in reply to certain questions
submitted by Vice-Admiral Seymour, then engaged in the pro-
tection of the fisheries. This opinion and the questions submitted
will be found in the Journals for 1853, app. 4., pp. 138 to 184
It appears that on a question concerning the seizure of the
Creole in the Vice- Admiralty Court at Halifax, in which the
nationality of the vessel came up (the vessel, probably to evade
the laws, having been transferred to a person claiming to be a
British subject, resident in the United States), the case against
the vessel was dismissed, but Mr. Uniacke, the Attorney-General
of Nova Scotia, consulted the law officers of the Crown in Eng-
land. Their opinion of 6th August, 1853, will be found in For-
syth's Constitutional Law, p. 404.
FISHKRIES OF BRITISH NORTH AMERICA. 19
A paragraph in that opinion is of importance as establishing
the power of the Provincial Legislature to pass the Act respecting
the protection of the fisheries already mentioned, and by parity
of reasoning, the present Legislation of the Parliament of Canada.
During the period between June, 1838, and October, 1851,
twenty-six fishing vessels were seized and condemned by the
Vice-Admiralty Court at Halifax for violating the terms of the
Treaty. (See Proceedings of Halifax Fishery Commission,
1877, Vol. 2, p. 1472) During 1824, five were seized and
condemned by the Vice-Admiralty Court of New Brunswick
and one in 1822, and one in 1852, and in Prince Edward Island
three were seized and condemned in the year 1852.
V.
The Reciprocity Treaty, 1854.
The negotiations which led to the Reciprocity Treaty, 1854,
were regarded by the Nova Scotians, from a distance, with great
suspicion and distrust.
During its existence and subsequently, that period has always
been regarded as an era of great prosperity for Nova Scotia.
It was not the first occasion on which the want of representa-
tion in the councils of the Mother Country has led to unjust
suspicion on the part of the Province.
On the 2nd of September, 1852, a public meeting was con-
vened at Halifax, in the hall of the Province Building, in con-
sequence of learning that it was contemplated by the Govern-
ment in England "surrendering to the United States the privileges
of fishing on the Coasts of the Colonies:"
There was an address drawn up to the Lieutenant-Governor
asking him to use his influence to stay the negotiations in Eng-
land until the interests of the Province could be presented.
A memorial, addressed to Her Majesty was prepared,
praying that the existing fishery restrictions might be preserved
in their letter, and the memorialists deprecated all negotiation?
and compromises on the subject.
20 NOVA SCOTIA HISTORICAL SOCIETY.
There were also very strong and very argumentative resolutions
passed at the meeting.
These documents will be found in the Journals for 1853, ap-
pendix 4, at page 130. They are all eloquent, even the resolutions,
and I suspect that the eloquence is that of the Honorable Joseph
Howe.
Heretofore, the Honorable James B. Uniacke, who had always
been chairman of the committee on the subject of the fisheries,
had been foremost in the provincial councils in dealing with the
subject, and as far as I can judge, had dealt with it with ability.
In January, 1853, the Lieutenant-Governor announced ta
the Assembly that the United States had at length consented to
negotiate on the subject of their commercial relations with the
British Empire.
During the session of the Legislature for 1853, in February^
an address was forwarded to Her Majesty, in which it was prayed
that no treaty might be negotiated which would surrender to
foreigners the reserved fisheries on our sea coasts, or any participa-
tion therein, without an opportunity were afforded to the Province
to consider and express an opinion on its terms.
In 1854 Lord Elgin, the Governor-General of Canada, as
Minister Plenipotentiary on the part of Great Britain, visited
Washington, and as a result of that visit, the Reciprocity Treaty
was signed by him on the part of Great Britain and by Mr. Marcy,
the Secretary of State, on the 5th of June, 1854. It was said in
Nova Scotia in haste that it had been 'floated through on
champagne;' but it was possibly Lord Elgin who had resorted
to that subtle agent.
In consideration of mutual free trade in many natural pro-
ducts, including fish and products of fish, and of the liberty to fish
on the American coasts as far south as the 36th parallel, it was
agreed that, in addition to the hberty secured by the treaty
of 1818, "the inhabitants of the United States shall have
in common with the subjects of Her Britannic Majesty, liberty
to take fish of every kind, except shell fish, on the Sea Coasts and
shores and in the bays, harbours and Creeks of Canada, New
FISHERIES OF BRITISH NORTH AMERICA. 21
Brunswick, Nova Scotia, Prince Edward Island and of the several
islands thereunto adjacent, without being restricted to any
•distance from the shore, with permission to land upon the coasts
and shores .... and also upon the Magdalen islands, for the
purpose of drying their nets and curing their fish, provided
that in so doing they do not interfere with the rights of private
property or with British fishermen in the peaceable use of any
part of the said coast in their occupancy for the same purpose."
VI.
Conditions Subsequent to Reciprocity Treaty.
This treaty was terminated in March, 1866, by the United
-States Government, after a year's notice.
Repeated notices were given to the United States fishermen,
both by the British and United States Government, that the
privileges given by the Treaty of 1854 could no longer be exercised
and that the provisions of the Convention of 1818 now applied.
In order to avoid measures which would seem harsh, such
as the seizure of the American fishing vessels which had been
fishing on the coasts during the twelve preceding years, a system
of licensing was adopted which continued during the years 1866,
1867, 1868 and 1869. The license fee charged, at first of fifty
cents per ton, was afterwards raised to one dollar and finally
to two dollars per ton.
The fees were paid freely at first in order to avoid seizure,
but in the latter years they fell off. In 1866, 454 vessels paid;
in 1867, 295; in 1868, 61; in 1869, 31 vessels.
Meanwhile the provinces having been confederated, the
subject of the protection of the Fisheries had passed to the Federal
Parliament. In the years 1868, 1870 and 1871, legislation was
passed, re-enacting the provisions of the Provincial Legislatures.
In May, 1870, a circular was issued by the Secretary of the
Treasury Department at Washington, warning masters of fishing
•vessels that the issuing of fishing licenses by the Dominion Govern
22 NOVA SCOTIA HISTORICAL SOCIETY.
ment had ceased and calling attention to the Treaty of 1818 and
the statutes of Canada on the subject.
Another circular was i'^.sued by the same authority, dated
9th of June, 1870, caUing attention to the Amendment of 1870
as follows: "It will be observed that the warning formerly given
is not required under the Amended Act, but that vessels tres-
passing are liable to seizure without such warning." On
November 18th, 1869, Vice-Admiral Wellesley, of the
flagship ivoya/ Alfred in a communication to the Secretary of the
Admiralty, had recommended that this course, as to
giving them one warning should be abandoned. The Do-
minion Government employed several schooners as cruisers
to protect 'the fisheries. Twelve seizures took place during the
season of 1870; three of them having been made by Her Majesty's
ships of war. Two out of the twelve were seized for purchasing
bait which, it was contended, was a preparation to fish within the
meaning of the English statute.
The case of the White Fawn was decided by Judge Hazen,,
in the Vice- Admiralty Court of St. John, and the case of the /. H .
Nickerson by Sir William Young in the Vice-Admiralty Court
of Halifax.
The learned judges reached opposite conclusions, but the
court in St. John did not at all dispute that the purchasing
of bait was contrary to the terms of the Convention, which as
it will be recollected, only admits of entering into territorial
waters for one of four purposes, namely: procuring wood, water,
shelter or repairs. The decision was upon the terms of the
statute of the United Kingdom.
The question was an exceedingly narrow one; whether the
statute meant preparing, within the three mile limit, to fish any-
where, or preparing within the three mile limit to fish within the
three mile limit. This question has now become of no importance,
because the difference of opinion in the two courts led to legis-
lation. The Parliament of Canada, in the year 1886, amended
the Canadian statute by providing that the vessel may be for-
feited for violating the terms of the Convention. It is quite
FISHERIES OF BRITISH NORTH AMERICA. 23"
clear that entering the specified waters for any other purpose
than wood, water, shelter or repair is a violation of the Convention.
VII.
Washington Treaty of 1871.
Before another fishing season had arrived, the Washington
Treaty of 1871, containing clauses controlling the fisheries,
had been signed on the 8th of May of that year.
By article 18 of that treaty, the fishery privileges on the coasts
which had been granted by the reciprocity treaty to the United
States were granted for a period of ten years, and for two years
after notice to terminate the provisions by either party.
The right to fish in American waters as far south as the 39th
parallel was granted to British subjects. Fish-oil and fish of
each country, except fish of inland waters, and fish preserved
in oil were to be admitted into the other country free of duty.
The British Government contending that there was a dififer-
ence in value between the concessions of the respective countries,
it was provided that a Commission should be appointed to
determine the amount of compensation which ought to be paid
to Great Britain in respect to this difference.
The treaty provided that each government was to appoint
one commissioner, and in case the two governments could not
agree upon the third commissioner within a period of three
months, then the Austrian Ambassador at London was to make
the appointment.
Great Britain appointed Sir Alexander Gait of Canada; the
United States appointed E. H. Kellogg, of Massachusetts, and
the two governments not being able to agree upon the third
Commissioner, the Austrian Ambassador appointed M. Maurice
Delfosse, the Minister of Belgium at Washington.
The treaty did not become effective until the 1st of July»
1873, under proclamations in both countries. Yet at the request
of the government of the United States the American fishing
24 NOVA SCOTIA HISTORICAL SOCIETY.
vessels were admitted to the "inshore" fisheries in April, 1873,
in order that they might have the whole of the fishing season.
During that interval the United States, however, did not
reciprocate in the matter of the duties upon Canadian fish, but
continued to collect the same, to the value of upwards of $300,000.
In the case of Prince Edward Island, not then a part of Canada,
the fisheries were thrown open two years in advance of the Presi-
dent's proclamation on the understanding that the President
would ask Congress to refund the duties which should be paid
to the United States in the meantime.
The duties were never refunded by the United States. Al-
though it was provided that fish oil and fish of all kinds should
be admitted free of duty, the American Congress in 1875 imposed
a duty on the packages containing our fish.
In the case of Newfoundland, a ruling of the United States
Treasury Department determined that seal oil was not fish oil,
and must pay twenty per cent. duty.
VIII.
ThB Commission at Halifax.
The Commission commenced its sittings at Halifax on the
15th of June, 1877, but only commenced the hearing on the
28th of July. Canada was represented by four Counsel, Mr.
Doutre, Mr. S. R. Thomson, Mr. Weatherbe and Mr. Dana,
and Newfoundland by Mr. Whiteway. The United States was
represented by Mr. Foster, Mr. Dana and Mr. Trescot. On the
1st of September, 1877, a very important question was decided.
The British case had claimed compensation, not only for
the privileges of fishing, but for the privilege of access to the
shores for purchasing bait, ice and supplies, and trans-shipping
cargoes in British waters instead of returning home with the
catch. This enabled the American fishermen to double their
profits by securing more fares during one season. They had
clearly been precluded from these privileges by the treaty of
FISHERIES OF BRITISH NORTH AMERICA. 25
1818, and it was contended on the part of the British Govern-
ment that incident to the other privileges, these privileges had
been conferred and should be paid for. The American counsel
contended that these privileges were not conferred upon them,
and this, although they then had been in the employment of
them for five seasons.
In the answer filed by the United States it was said:
"Suffice it now to observe that the claim of Great Britain
to be compensated for allowing United States fishermen to buy
bait and other supplies of British subjects finds no semblance
of foundation in the treaty by which no right of traffic is con-
ceded, i
"That the various incidental and reciprocal advantages of
the treaty, such as the privileges of traffic, purchasing bait and
other supplies are not subjects of compensation because the
Treaty of Washington confers no such rights on the inhabitants
of the United States, who now enjoy them merely by suflferance,
and who can at any time be deprived of them by the enforcement
of existing laws, or reinactment of former oppressive statutes."^
The American Counsel formally moved for a ruling of the
Commission upon this subject, and the tribunal felt obliged to
decide that compensation could not be given in respect to these
matters.
Sir Alexander T. Gait closed his judgment with these warning
words: "I therefore cannot escape from the conclusion that
the contention offered by the agent of the United States must
he acquiesced in. There is no escape from it. The responsi-
bility is accepted by and must rest upon those who appeal to
the strict words of the treaty as their justification."
In the report of Mr Foster, the agent of the United States,
to his government. Vol. 1- p. 7, he says: "Naturally, therefore,
^Proceedings of Halifax Commission, Vol. 1, p. 123.
^(/6., p. 136.)
26 NOVA SCOTIA HISTORICAL SOCIETY.
the agent and counsel of the United States felt that this decision;
of the Commission eliminated from the British claim its largest
element of value."
The case then proceeded upon the question of compensation
for the privilege of fishing.
After a very prolonged hearing of evidence, both oral and
by affidavit, and after hearing the arguments of the following
counsel, Messrs. Foster, Trescott and Dana for the United States
Government, and Messrs. Whiteway, Doutre, and S. R. Thomson^
for Her Majesty's Government, the Commission on the 23rd
of November, 1877, after seventy-seven conferences in all, made
its award. It awarded a compensation to Great Britain of
$5,500,000; that is, it was decided that the value of the fisheries
for the period of twelve years' enjoyment by the Americans-
over and above the value of the duties which would have to be
paid by the people of Canada and Newfoundland on the fish,
fish-oil, &c., imported into the United States during that period
was equivalent to that sum. I state it in that short way because,,
according to the result of the evidence there was practically no
fishing by our vessels on the American shores, and no importa-
tion by us of fish, fish-oils, etc., from the United States.
The Commissioner for the United States dissented. He
considered that the privilege of free markets in the United States
for fish, fish-oils, etc., exceeded in value the privilege of the
American vessels fishing in the territorial waters of British North
America.
The fishery articles of the Washington Treaty, 1871, were
terminated by the United States, after notice, on the first of
July, 1885.
While they were in operation, the provisions were carried
out with entire liberality on our part. Even in default of com-
pensation for the privilege of entering our harbours to procure
bait, ice or supplies, or of trans-shipping cargoes, that privilege
was conceded freely to the end of the treaty; and this although
it was decided by the Commission at Halifax and admitted
FISHERIES OF BRITISH NORTH AMERICA. 27
by the Counsel and Agent of the United States that the privilege
was one which might have been withdrawn at any time without
breach of the treaty provisions.
IX.
Conditions After Termination of the Fishery Provisions
OF THE 'Washington Treaty of 1871.
Again the treaty privilege of fishing had terminated in the
midst of a fishing season, and again the British Government,
viz. on the 22nd of June, 1885, by agreement gratuitously extended
that privilege to its close. The fishjng vessels of the United
States continued in the enjoyment not only of fishing, but of those
privileges which the counsel of the United States had so persis-
tently shown they were not entitled to.
It is true that there was a promise by the President to bring
the whole question before Congress which was to convene on
December 1885, with a view to the appointment of a commission
to settle the fishery question, but although that promise was
performed by the President, it was barren of result in Congress.
The fishery season of 1886 opened without any arrangement
and our Government had no option but to proceed once more
to protect the fisheries on our coast.
At the instance of the British Government, the Minister at
Washington addressed a note to the Secretary of State to ascertain
whether the United States Government intended to notify the
fishermen that they were now precluded from fishing in British
territorial waters. On the 28th of March the Secretary of State
replied that by a Proclamation of the President on the 31st
of January, 1885, full and formal public notification in the pre-
mises had been given. They intended to rely upon the rights
secured to them by the treaty of 1818.
In the Canadian Parliament a sum of $150,000 was voted
for the purpose of protecting the fisheries, and it was intended,
in addition to the Government steamers, to employ six schooners
28 NOVA SCOTIA HISTORICAL SOCIETY.
for use as police vessels. Instructions were issued on the 16th
of March, 1886, to those in command of these vessels similar
to those in use under like circumstances in 1870. The United
States Government was informed that no further fishing
licenses would be issued.
Right of Fishing Vessels to Purchase Bait and Supplies,
AND to Trans-ship their Catch in British Harbours.
Very shortly there arose a very much debated question.
The United States Consul-General at Halifax had set up the
claim that an American fishing vessel having caught her fish
outside of the territorial waters might come into any harbour
and trans-ship those fish to any port in the United States. This
started the correspondence. The contention was placed upon
the ground that a fishing vessel was entitled to the privileges of a
trading vessel, notwithstanding the renunciation in the treaty
of the right of a fishing vessel to enter a harbour for any purpose
whatever other than the four already mentioned. It was claimed
that it would be a breach on the part of Canada of the bonding
regulations existing between the two countries, by which the
goods of either pass over the territory of the other.
The Government of Canada by a Minute of Council of 6th
April, 1886, promptly denied the claim.
As early as 28th, August, 1852, the Honorable Joseph Howe.
Provincial Secretary of Nova Scotia, in a letter to the Commander
of the Revenue cruiser Responsible had said, "The Colonial
Collectors have no authority to permit freight to be landed
from (fishing) vessels which under the Convention can only
€nter our ports for the purpose specified and for no other. "
The argument recurs so frequently in the discussions that
I will refer to it more at length.
For some years prior to 1830, the vessels of the colonies
and the vesesls of the United States were precluded from trading
FISHERIES OF BRITISH NORTH AMERICA. 29
in each other's ports. A system of non-intercourse existed be-
tween the two countries. By virtue of a statute of the United
Kingdom of 1825 and by virtue of similar authority in the United
States an Order-in-Council was made for Great Britain and a
proclamation for the United States.
The Order-in-Council is in the following terms, and the Pro-
clamation in corresponding terms: —
"And Her Majesty doth further declare that the ships of
and belonging to the United States of America may import
from the United States aforesaid into the British possessions
abroad goods, the product of those States, and may export goods
from the British possessions abroad to be carried to any foreign
Country whatever.
Upon the last fifteen words, applicable of course to trading
and to trading vessels, a contention was made that fishing vessels
also might enter our bays and harbours to purchase bait, ice
and supplies and to trans-ship cargoes, and that notwithstanding
the strongly prohibitory clause in the Convention of 1818 aimed
specially at fishing vessels.
The British contention was shortly:
"Generalia specialibus non derogant. "
A general later law does not abrogate an earlier special one
by mere implication.
The Order-in-Council only dealt with the export of goods.
The act under which it was passed and upon which it depends
for validity only authorized its application to the export of
goods to be carried to foreign countries.
American fishing vessels are not so employed. They are not
trading vessels by the law of their own country, and although
they sometimes carry a permit "to touch and trade," as inci-
dental to the fishing voyage, that does not enable them to escape
the stringent words of the Convention.
During the latter part of 1886 and the early part of> 1887,
this question in the United States reached an acute stage by
30 NOVA SCOTIA HISTORICAL SOCIETY.
reason of an enforcement of that interpretation on the part of
Canada.
On the 7th of May, 1886, the fishing schooner, David J. Adams
was seized near Digby by the Dominion authorities for purchasing
bait and employing people from the" shore to catch bait for her'use.
On the 17th of May, 1886, the fishing schooner EllaM. Doughty
was seized in St. Ann's Bay, also for purchasing bait. The
case of each of these vessels came on for trial. Before judgment
was pronounced, the Government offered to return both vessels
to their owners. The offer was accepted in the case of the Ella
M. Doughty, but was refused in the case of the David J. Adams.
She was subsequently condemned under the English statute, by
the Vice- Admiralty Court upon the precedent of the /. H. Nicker-
son. The violation of the Convention of 1818 by this vessel
was scarcely in controversy.
In consequence of the seizures just mentioned in a Canadian
port for purchasing bait, there was an agitation in the United
States and very strong language was used both in and out of
Congress in respect to it. It was claimed that it was a violation
of the right of American vessels to trade in British ports. Ex-
pressions of this character were used : — 'unneighborly ' ; 'churlish
and inhospitable treatment'; 'Medieval restrictions on free
navigation'; 'Canadian inhumanity'; 'passionate spite,' 'the
Dominion of Canada brutally excluding American fishermen,*
etc., etc. A report to Congress contained this language, "and
"finally a Committee of the Canadian Privy Council declared
"in effect on November 24th, 1886, that an American manned,
^'equipped and prepared for taking fish, has not the liberty
"of commercial intercourse in Canadian ports such as are appli-
" cable to other regularly registered foreign merchant vessels.
"Such an interpretation of the present legal effect of the first
"article of the treaty of 1818 is in the opinion of your Committee
"so preposterous in view of concerted laws of comity and good
"neighborhood enacted by the two countries, that had it not
"been formally put forth by the Dominion of Canada would
"not deserve serious consideration by intelligent persons."
FISHERIES OF BRITISH NORTH AMERICA. 31
Retaliatory legislation was thereupon introduced aimed at
the vessels of this country, the railway trains of this country
and the goods of this country, by which their entry into American
territory could be forever stopped at the boundary.
The legislation as ultimately passed, although never put into
force, applied only to the prohibition of our vessels and their
cargoes.
The correspondence between the United States and Great
Britain and between Canada and the British Government, com-
prise handsome volumes.
It can hardly be realized that before the close of the year,
a commission had met at Washington to discuss the question,
and after a session of two months a treaty was negotiated by
which for the very privilege which had seemed so preposterous,
namely: the privilege of American fishing vessels entering
our ports to obtain bait, ice and supplies and transship their
catch, the Americans had given access to their markets, duty
free, fish caught by our fishermen, and that with knowledge
that the duties paid upon these articles between the years 1866
and 1873, and in 1886, when there was no treaty, had exceeded
$300,000 per annum!
That treaty, it is true, was not ratified by the Senate, but
its moral force remains, when it is recollected that Mr. Bayardl
the Secretary of State who had used some of the extreme language,
was a party to it, and behind it was President Cleveland. But
before the Commission had ever met, the position must have
been practically abandoned.
In the session of Congress 1886-1887, a report was presented
by the Committee on foreign relations, defining the rights of
American fishing vessels under the Convention of 1881.
After defining what they may do it proceeded:
"The American fishermen in their character as such purely
must not enter the prohibited waters other than for the purposes
of shelter, repairing damage, purchasing wood, and obtaining
water, and in doing this they are subjected to such reasonable
32 NOVA SCOTIA HISTORICAI^ SOCIETY. ,
restrictions as are necessary to prevent their fishing or curing
fish in prohibited waters or on prohibited shores and thereby
abusing the privilege of entering those waters for the necessary
purposes stated." Foreign Correspondence N. A. Fisheries^
1886, 1887 No. 2.
As I have already intimated a joint commission was agreed
upon by the two countries to settle the questions in dispute
in relation to the fisheries. This was brought about towards
the close of 1887. The United States appointed as their mem-
bers Mr. Bayard, the Secretary of State, Mr. Angell, President
of the University of Michigan, and Mr. Putnam, a distinguished
lawyer, afterwards a judge in the Circuit Court of the United
States. The British Commissioners were Joseph Chamberlain,.
Sir Charles Tupper and Sir Sackville West, the British Ambassador
at Washington.
XI.
The Treaty of Washington, 1888.
On the 15th of February, 1888 a treaty was signed at Washing-
ton, as the result of the labors of that commission.
The question of the "bays, creeks and harbours" was settled.
A commission was to be appointed to delimit them, and certain
rules were framed for its guidance. The limits of the exclusion
in respect to large bays, like the Bay of Chaleur, Miramichi,
Egmont Bay, St. Anne's Bay, Fortune Bay, and some others were
defined. For other bays, exclusion of the American fishing
vessels was restricted to those which were ten miles wide; no
doubt, following the treaties between England and France in
respect to Newfoundland.
Nothing in the treaty was to affect the free navigation of the
Straits of Canso.
When putting into bays or harbours for wood, water, shelter
or repairs they were not required to report or clear at the customs
house, unless they remained for over twenty-four hours, nor be
liable for pilotage or port dues.
FISHERIES OF BRITISH NORTH AMERICA. 33
Fishing vessels of Canada and Newfoundland should have
on the Atlantic Coasts of the United States the privileges that
United States fishing vessels had under that treaty in the waters
of Canada and Newfoundland.
When the United States should remove the duties from
fish and fish oil, including whale oil and seal oil, entering the
States from Canada and Newfoundland, the like products should
be admitted free of duty into Canada and Newfoundland from
the United States, and upon such removal of duties and while
that condition lasted, the United States fishing vessels should
have the privilege of entering the ports, bays and harbours of
the coasts of Canada and of Newfoundland, by means of annual
licenses free of Charge, for the purposes of;
1. The purchase of provisions, bait, ice» lines and all other
supplies and outfits.
2. Trans-shipment of catch.
3. Shipping of crews.
Provided that supplies other than bait should not be obtain-
ed by barter.
This treaty, as I have intimated, was rejected by the Senate.
That body under the American Constitution is the treaty-making
power. It gives that country two chances in every treaty-mak-
ing. If their plenipotentiaries have made a good bargain, the
Senate may adopt it; if a bad bargain, the Senate may reject it.
And whether that treaty of 1888 was good or bad, that is
the fate which befell it.
In England, no government could hold office for an hour,
if the parliament of the Country overruled a treaty which had
been negotiated under its auspices. The President and his
government, though sustaining this treaty, would not be ex-
pected to make an apology to the other party to the treaty, after
the Senate had destroyed it. Meanwhile for two years, there
was a temporary provision for a system of licensing American
fishing vessels enabling them on payment of a fee of $1 . 50 per
ton to enter our bays and harbours to obtain ice, bait, and
3
34 NOVA SCOTIA HISTORICAI, SOCIETY.
supplies and to trans-ship cargoes and ship crews, and since 1888^
that 'modus vivendi' as it is called was renewed.
Canada still maintains an expensive protection fleet to prevent
actual fishing within the territorial waters, but the number of
seizures is not great, and, only in two cases, I think have
the seizures been prosecuted to condemnation.
Perhaps my closing word will not be deemed wholly irrelevant^
if I express my conviction that our profound acknowledgments
are due to the Mother Country, for her services in connection
with this subject. From the days of our colonial infancy when
we had no language but a cry, until now when we have a great
deal to say, and even a few fishery cruisers, she has stood by us.
And be it remembered, our disinherited big brother to the south
has been sometimes noisy.
Since the Convention of 1818, she has negotiated three treaties
and fought as many arbitrations, all about our fisheries. In
the latest one of each, Canada has borne a portion only of the
expenses, mainly in payments to her own employees. If the
Mother Country won the case, the money was paid to us, witness
the Halifax award of five and a half millions, which sum, is paying
our fishery bounties to-day. But if there was a loss, she paid it,
witness the payment of $75,000, made to the United States
for injuries by Newfoundlanders to American fishermen's property,,
and also the awards in the cases of the Washington and the
Argus.
Her warships have not only been within hail, but with gun-
boats and tenders from them, she, for many seasons, policed our
shores and actually watched and boarded and seized trespassing
fishing vessels. And the work was wisely done. There were not
so many afterclaps after their seizures as there were after the
colonial captures.
The services of the oJBficials of the Colonial Office and Foreign
Office, the crown lawyers, the diplomatists and statesmen of
England have been freely requisitioned at the call of the colonies
during that ninety years. And there are some great names
among them. As late as 1886, when we thought ourselves strong
FISHERIES OF BRITISH NORTH AMERICA. 35
in men, Lord Rosebery, at the Foreign Office, and Lord Lans-
downe at Ottawa, dealing with the American complaints of 1886,
and Joseph Chamberlain, at Washington, negotiating the treaty
of 1888 were really names to conjure with.
Our one great loss during the period has not been so much
a loss of fish as of fishermen. And that loss has not been due
to any failure on the part of the Mother Country. Thousands
of our fishermen transferred their allegiance, and their homes
to the American Republic because they could thus escape the
duties on British-caught fish and participate in the bounties
formerly paid to American fishermen. And that loss is a grievous
one. But on the whole as the result of the treaties, the arbitra-
tions and adjudications, we have come off well. In my humble
opinion, that condition has been brought about largely by the
Mother Country.
36 NOVA SCOTIA HISTORICAL SOCIETY.
APPENDIX.
Extract from report of James B. Uniacke, Chairman, of
10th April, 1837:
"It is proved beyond all doubt by witnesses of unquestion-
'able character, that the fishing vessels of that country
'resort to our shores with as little concern as they quit
' their own ; that contrary to the terms of the Convention,
'they purchase bait from the inhabitants and in many
'instances set their own nets within the harbours of the
'Province, and on various occasions have by force coerced
' the inhabitants to submit to their encroachment; and they
'land on the Magdalen Islands and pursue the fishery there-
'from as unrestricted as British subjects, although the Con-
'vention cedes no such right. The consequence following
'on the train of these open violations of a solemn treaty
'are illicit trade, destruction of the fishery by the means
'of conducting it, interruption of that mutual confidence
'which ought always to exist between the merchants and
' fishermen of a country — inducing the former to supply and
' the latter to make payments with punctuality and formality,
'the luring from our shores by means of bounties the fruits
'of our country to their employment, reducing our popula-
'tion and impoverishing our Province — while they add
'strength and vigor to their own."
Extract from address of both Houses of the Legislature of
Nova Scotia, dated 23rd March, 1838. Journals of 1838, page
361.
"They humbly approached Her Majesty with their com-
* plaint against the citizens of the United States, who violate
FISHERIES OF BRITISH NORTH AMERICA. 37
'with impunity the provisions of treaties existing between
'the two nations to the injury and detriment of the in-
'habitants of this Colony."
"The commercial eagerness which characterizes the
'people of the United States, aided by the spirit of their
'government, has for years caused them to transgress the
'bounds, defined by treaty and exercise rights over the
•fisheries of these colonies not ceded even by the unfor-
'tunate Convention alluded to; these fishermen in violation
'of that Convention enter the gulfs, bays and waters of
'these Colonies; they land on the shores of Prince Edward
'Island and the Magdalen Islands, and by force, and
'aided by superior numbers, drive 'British' fishermen from
'Banks and Fishing grounds, solely and exclusively 'Brit-
'ish,' and by carrying on an unla^vful intercourse with
'needy and unprotected fishermen induce them to violate
'all the laws of trade — demoralizing and contaminating
'the ignorant but loyal inhabitants along our extensive
'shores, and most essentially injuring the manufacturers
'of the United Kingdom, the merchants and shipowners
'of the Empire and the revenue of this and other Pro-
'vinces. " Then, it prayed "that small armed vessels may
*be ordered to cruise on the Coasts of these Colonies to
'prevent such encroachment, or to direct two steamboats
*to be added to the fleet on this Station to resort to the
'various fishing grounds during the season, and that the
'Legislature will cause depots of fuel to be provided for
'them at the Provincial expense."
Extract from despatch from Lord Glenelg of 5th Nov.,
1838, in reply to General Sir Colin Campbell's despatch of
26th March last, transmitting a joint address to the Queen
from the Legislative Council and House of Assembly com-
plaining of the habitual violation by American Citizens of
the treaty, and praying for additional naval protection to
British interests: Journals for 1839, app. No. 9:
38 NOVA SCOTIA HISTORICAL SOCIETY.
"It has been determined for the future to station during
' the fishing season an armed force on the Coast of Nova
'Scotia to enforce a more strict observance of the provisions
i 'of the treaty by Americans Citizens."
• 'Orders have been given to the Naval Commander-in-Chief
*on the Station:
"To detach as soon as the fishing season shall commence
'a small vessel to the Coast of Nova Scotia and another
' to Prince Edward Island to protect the fisheries. "
Extract from Report of Committee of House of Assembly
in New Brunswick, of March 18th, 1839:
"It distinctly appears from the affidavits and certificates
'that from two to twenty sails of American fishing vessels
'are almost continually to be found at anchor catching
'fish within one mile of the shores of Grand Manan in
'audacious violation of the rights of the people of the Pro-
; 'vince, and in open and avowed defiance of any force which
'the inhabitants could possibly bring against them. They
; 'do not hesitate to have recource to violence in repelling
'the fishermen of Grand Manan from their own fishing
'grounds, etc."
"The Bay of Chaleur and the adjacent Harbors are an-
nually infested by American fishing vessels carrying on an
'illicit trade with the inhabitants and committing such
'depredations upon the fishermen as ought no longer to be
'endured."
Extract from joint affidavit of the 24th January, 1838, in
support of the Statement contained in the extract last given:
"Speaking of the fishery at Point Miscou, being the outer-
'rnost point of the island of Miscou, as well as other British
'settlements, both in New Brunswick and Nova Scotia,
'embracing a line of Coast of nearly one hundred miles
'and for a period of nine years preceding, the deponents
'say: 'that for the whole of the period of time above
FISHERIES OF BRITISH NORTH AMERICA. 39
"^mentioned, the said fishing grounds have been during the
*fishing season frequented by great numbers of American
^fishermen who are in the constant habit of coming within
'the line marked out by the treaty subsisting between
'the British and American Governments and in so doing
'interfering with the British fishermen, etc. :
"That this deponent has witnessed every year during
"^the continuance of the fishing season; in the months of
^June and July American fishing vessels, varying in num-
*bers from thirty, forty, fifty and sometimes one hundred at
'a time actually employed in taking fish, and not content
'with so doing in the deep waters, they approach within
*the small bays and close in with the shore as well for^
'catching fish as for the purpose of taking bait, without
'which the fishing could not be carried on, and, in so doing
^frequently directly interfere with the inhabitants and Brit-
*ish fishermen; and in some instances being the most
^numerous, and therefore not to be restrained or prevented,
'take such bait out of the nets and seines used by the
'said inhabitants for taking such bait, and also by the
'number of vessels extended in continuous lines in positions
'that break up and turn the schools of fish from entering the
'different bays and places of resort to which the said bait
'and other fish have been and are in the habit of resorting."
Extract from an address of both Houses of the Legislature
of Prince Edward Island of 24th March, 1843.
"From information that we have collected we find that
' the Americans are constantly in the habit of fishing within
'the prescribed distance as defined by the Convention of
'the year 1818, of running into our harbours, bays, creeks,
'etc., whenever it suits their convenience to procure bait
'and thus seizing the opportunity to carry'on a contraband
''trade with the inhabitants of this island."
H
^4S
GOVERNOR JOHN PARR
1782-1791
MEMOIR OF GOVERNOR JOHN PARR.
BY
JAMES S. MACDONALD
Governor John Parr was directly descended from Lord Parr,
Baron Kendal, who was a well-known nobleman, in the north
of England, in the reign of Henry VIII. The arms of their
family are to be seen in the Parr Chapel of Kendal Church,
Westmoreland. The eldest son of this nobleman emigrated to
Ireland and settled in 1620 at Belturbet, County Cavan.
In 1641, the family in County Cavan was represented by
John Parr. In that year, the most bloody of the Irish rebellion,
the Protestants of the neighbourhood were driven by the Irish
rebels to take refuge in Belturbet Church. The rebels surrounded
the church, blocked the doors, and set fire to the building. All
the Parr family — nine in number, — inside the church perished,
except the infant son of John Parr, who was thrown out of a
window, into the arms of a faithful servant. This child named
John, became the father of another John Parr, born 1672, who
fought at the battle of the Boyne, and also at Blenheim, i\Iarl-
borough's greatest victory.
There Parr won distinctioUj and the notice of the great com-
mander. Entrusted with dispatches, at a most critical moment,
in that immortal fight to a distant post, directing the general
commanding to hold a most doubtful position until relief could be
afforded. Parr was desperately wounded, but managed to deliver
his orders, thus greatly contributing to the glory of the victory.
John Parr served through Marlborough's campaign, but becoming
41
42 NOVA SCOTIA HISTORICAL SOCIETY.
crippled through severe wounds, he was admitted in 1739 to the
Royal Hospital, Kilmainham, Dublin, as a decayed, maimed
and ancient officer. He died in Dublin in 1764, aged ninety-
two. In 1702, he had married Eleanor, daughter of David
Clements, of Rath Kenny, County Cavan, Ireland, by whom
he had three sons and two daughters. All three sons went
into the army, and the youngest, John, is the subject of this
memoir.
John Parr, the future Governor of Nova Scotia, was born at
Dublin, 20th December, 1725, and, after a moderate course of
study at Trinity High School, he was on the 26th May, 1744,
gazetted Ensign of the 20th Regiment of Foot (Kingsley's and
Wolfe's Regiment). Parr was then in his nineteenth year, early
in life, to enter upon a career of military activity, when the
great powers of Europe were at war, and when a soldier's life
was one of arduous and uninterrupted service.
At this period, Frederick the Great was making himself famous,
by his ambitions and his aggressive campaigns, and Britain
with her trammeling connections with Hanover, was often drawn
most unwillingly into the Continental imbroglios. For fifty years,
our country poured out its blood, and treasure, to preserve the
balance of power in Europe, among nations, with whom she had
but little in common. To-day we appreciate these sacrifices of our
forefathers at their true value. The Marlborough campaigns
and victories were to them of dazzling splendour, and even the
reverses under Cumberland were condoned, by the gallantry of
her troops; but time the great arbitrator now proclaims unmis-
takably, that as far as Britain was concerned, they were a succes
sion of useless slaughters and barren in results.
John Parr's experience as a young subaltern in the 20th
Regiment was arduous. It was a regiment continually
in revolt and trouble. When it had the chance, it fought bril-
liantly, but at times had the misfortune of bad handling by
incompetent officers. It was a mutiny in this particular regiment,
which brought the hero Wolfe to the front. While encamped
MEMOIR OF GOVERNOR JOHN PARR. 43
at Fort Augustus in the Scotch Highlands in 1747, a mutiny
broke out, in which the majority of the rank and file took part.
Wolfe was selected to bring the regiment to reason. Our founder
'Cornwallis had to abandon his position in the regiment, to make
way for Wolfe, who by judicious handling, the exercise of diplo-
macy, and common sense, as well as the summary execution
of over twenty of the ringleaders, speedily suppressed the revolt,
and brought the regiment to reason. Wolfe's success won the
admiration of Pitt, and resulted in his appointment to the
-command of the forces then mustering or the operations in
America.
In 1745, Parr was present with his regiment at Fontenoy,
and in that obstinate and terribly contested conflict, received
his baptism of fire. In 1746, he was at Culloden with the British
forces, under the "Butcher" Cumberland, and was there severely
wounded. For several years in the north of Scotland, he served
in what was then called, the pacification of the Highlands, in
which there was no glory, and much needless cruelty. For a
time, he was adjutant to Wolfe then in command of the 20th
Foot, and from letters still preserved by the Parr family, appears
to have been on intimate terms with him. In those days when
the professional attainments of most of the officers of the Army,
were exceedingly meagre, and the standard of morals and manners
in the service very low, it must indeed have been a very great
advantage to a young subaltern, to be brought into close contact,
"with so cultivated and zealous a soldier, and so broad-minded
and honourable a gentleman as Wolfe.
With the 20th Regiment, Parr serv^ed for eleven years, in
various garrisons abroad and, on the 4th of January 1756, he
was promoted to the rank of Captain, and with his corps was
ordered to the relief of Minorca. In this expedition, the prestige
of Britain suffered severely, for it ended in the well-merited dis-
grace and execution of Admiral Byng.
In 1757, Parr was with his regiment, as part of the great exped-
ition under Sir John Mordaunt, fitted out to capture Rochefort,
44 ^OVA SCOTIA HISTORICAL SOCIETY.
which, owing to the incompetence of thecoramander, signally failed^
In 1759, he was present with his regiment, at the glorious, but
inconclusive victory of Minden.* In this great engagement,
the British forces suffered severely, the 20th Regiment behaved
heroically and was practically cut to pieces. Capt. Parr was
severely wounded, and had to stay in hospital at Leipsic six
months, before he recovered and returned to duty. In 1760^
he again distinguished himself with the 20th and the British'
forces, in the attack on the French at Warburg. In 1762, he
was with the forces, when the allied army captured Casel-
In 1763, he was advanced to the rank of Major, and with his
regiment received the thanks of Parliament.
After the Peace of Paris, the regiment marched through
Holland, embarked for England and arrived at Plymouth, but,
without being permitted to land, was dispatched to Gibraltar,,
at that time, considered to be, the most unhealthy station in
Europe. Here Parr, with his corps, remained six years. On
26th August, 1771, he was advanced by purchase to the rank of
Lieutenant-Colonel and placed in command of his regiment,
after twenty-seven years of most laborious work, in which he
distinguished himself for his patient attention to duty and
his intense interest in the welfare of his comrades in arms. Parr
was no carpet knight; he won his spurs by devoted attention
to his profession and to his gallantry which he proved on many
fields.
It may truly be said that but few men who had entered
the military service with him, had survived so many risks and
so much suffering. There was hardly any ill incident to a soldier's
life from which he did not suffer — fever, hunger, thirst, sun-
stroke, broken bones, extremes of heat, cold, exposure, criminal-
neglect of the commissariat, these were inseparable from military
♦The 20th was one of the famous six British regiments which, owing to
a mistake in their orders advanced against the French cavalry and defeated
it. The Twentieth held the place of honor at the right of the second line and
lost 322 of all ranks. "I never thought," said Contades bitterly, "to see a
single line of infantry break through three lines of cavalry ranked in order of
battle and tumble them to ruin."
MEMOIR OF GOVERNOR JOHN PARR. 46
life and campaigning in those days. The battle-fields of Europe,
in the middle of the 18th century form part of the history of our
country and are replete in now almost forgotten records of
heroism and suffering. These were the scenes of Parr's experi-
-ence and exploits. The mere narration of his military career,
with the 20th Foot, from ensign to colonel commanding would
fill a volume. The very fact of keeping discipline under so
many difficulties was an achievement of tact and sldll which
brought out the character of the man.
In 1761, Colonel Parr married Sara, the second daughter of
Richard Walmesley of "The Hall of Ince, " Lancashire, and had
five children, three sons and two daughters.
From the 6th of January, 1776, until 1778, Parr resided
at Dublin, his first furlough since joining his regiment in 1744.
It had taken the best of his life to attain the command, and he
deserves great credit for surmounting a sea of difficulties in
his career, from ensign to the charge of a most difficult regiment
to manage, either in garrison or field.
In 1778 by strong ministerial influence. Parr was appointed
Major of the Tower of London, a position of negative importance,
but with a good salary attached, one requiring "interest" to
attain. This office, Parr held until the 13th of July, 1782, when
he was superseded, and received the position of Governor of
Nova Scotia.
Governor Parr with Lady Parr «nd family, arrived at Halifax
in the transport St. Lawrence, on the 8th of October, 1782, and
was sworn in as Governor and Commander-in-Chief, at a meeting
of Council held on the 19th of October.
In appearance Parr was not majestic. On the contrary, he
was almost insignificant, of small slight stature, withered in
face, but erect, with an uncommonly bright eye, sharp metallic
voice, and quick, jerky walk, with the look of one who had passed
through many difficulties, and had surmounted them. Our
townspeople always sharp in taking stock of a new man, at once
46 NOVA SCOTIA HISTORICAL SOCIETY.
named him "Our Cock Robin" which stuck to him, until they"
buried him ten years after his arrival, under old Saint Paul's.
Church.
There were at least two disappointed men present at the
meeting of Council at which Parr took his oaths of office.
Lt.-Gov. Hammond, who had been promised the position^
openly expressed his chagrin and anger, and retired shortly
after to Britain. The other was Lt.-Gov. Michael Francklin,
who for several years had felt the resentment of the Legge faction
in London, but who, conscious of his steady loyalty and trust-
ing in the justice of the home authorities, believed up to the
moment of the arrival of Parr in Halifax, that he would be
re-instated in the office of which he had been so unjustly deprived.
To Francklin, Parr's appointment was fatal, and he really died
of disappointment, within one month after the coming of Parr
to assume the position of Governor of the Province. Parr
arrived on the 8th of October. Francklin died on the 8th of
November, 1782.
The unpleasantness connected with his appointment did
not appear to disturb Parr. It soon wore away when the Council
found that the new Governor was an eminently practical man,
willing to avail himself of the advice and experience of his
advisors, and although not brilliant, yet possessed of a good
stock of sound common sense, with an evident anxiety to dis-
charge his duties in a prompt business-like manner, with a single
eye to the comfort of all he came in contact with. He proved
worthy the estimate formed of him by his advisors, and in the
changing conditions of the Province, caused by the revolutioa
in the neighbouring colonies, and the coming to Nova Scotia
of a vast body of helpless loyalists. Parr with his life long expe-
rience of war, and its alarms, wants, anxieties and emergencies,
was the ideal Governor.
To-day the majority of Nova Scotians*, look upon this crisis
In our past history with indifference. The French and American
«rriters bring up Evangeline and mourn over an imaginary heroine
MEMOIR OF GOVERNOR JOHN PARR. 47
to the exclusion of all feeling of justice for the people of their
own kin, who suffered for their loyalty to their country. Governor
Parr has never had full justice given him for his ceaseless exer-
tions at this period of our history. Fortunately, our provincial
records bear ample evidence, of how he worked and sacrificed
himself, in originating, and, when necessary, seconding the Council
in measures for the relief, assistance and settlement of those mar-
tyrs to their convictions, — the Loyalists of 1776-1783.
Parr was sworn in Governor in October 1782, and peace with
the new republic was proclaimed on the 30th of November, 1782,
and in December, a great number of ships and troops, with a
large number of Loyalists, arrived from New York, and Parr's
work began.
With this great work of humanity and mercy. Parr's name will
be ever associated. Every day of 1783, found Parr and his Coun-
cil busy in providing shelter, accommodation and food for the
Loyalists. Every week brought its quota, to swell the already
over-populated town. The feeding of such multitude, at that
time, was a most arduous task. The flour mills at Sackville were
kept at work night and day, to provide bread. Parr worked
steadily, and methodically, as he had done all his life and being
a seasoned veteran, it is said ,was able to work at times twenty
out of the twenty-four hours at the task of providing and arrang-
ing for the subsistence of such a host. The great problem was
how to have them housed, before the severity of winter set in.
The troops came by shiploads, and the vivid experience of Halifax
at the declaration of war was repeated. Every shed, outhouse,
store, and shelter was crowded wdth people. Thousands were
under canvass on the Citadel, and at Point Pleasant, everywhere
indeed where tents could be pitched. Saint Paul's and St.
Matthew's churches, were crowded, and hundreds were sheltered
there for months. Cabooses and cook-houses were brought
ashore from the ships, and the people were fed near them on Gran-
ville and Hollis streets. There were many deaths, and
all the miseries and unsanitary conditions of an overcrowded
town. For four months, the bulk of these 10,000 refugees were
48 NOVA SCOTIA HISTORICAL SOCIETY.
fed on our streets, and among them were many reared and
nurtured in every comfort and luxury in the homes they had
had to fly from.
In many cases these poor people had no warning but to go or
die. The virulent hatred of the republicans for the loyalists can
be best understood by reading the manifesto of the Boston Re-
publicans, 9th April, 1780.
' * Resolved that this town will at all times, as they have
'done to the utmost of their power, oppose every enemy to the
'just rights and liberties of mankind, and that after so wicked a
' conspiracy against these rights and Hberties, by certain ingrates,
most of them natives of these states, and who have been Refugees
'and declared traitors to this country. It is the opinion of this
' town, that they ought never to be sufifered to return, but to be
'excluded from having lot or portion among us, and all their
'previous rights as citizens forfeited and divided among faithful
'lovers of their country, and this committee of correspondence
'is requested, as by the laws of this commonwealth they are
fully empowered, to write to the several towns in this common-
' wealth and desire them to come into the same or similar resolves,
'if they shall think fit."
The above resolution was carried unanimously, although the
new Congress had solemnly guaranteed adequate protection to
the lives and property of those who had suffered for King and
Country. The different states adopted the same course as
Massachusetts, and really nothing was given back. In most of
the States, they had been proscribed as traitors; in all, their
property had been confiscated, and Massachusetts led the van
in the cruel persecution of the very best of her people. The
legislators of the several States had not left the Loyalists in
doubt as to their status. The laws plainly defined a traitor as
one who adhered to the King of Great Britain. He who acknow-
ledged allegiance to England, should suffer death without benefit
of clergy. In Philadelphia two of the leading citizens Mr. Roberts,
and Mr. Carlisle were seized on suspicion only and condemned
MEMOIR OF GOVERNOR JOHN PARR. 49
to be hanged. Their wives and children went before Congress,
then in session and, on their knees supplicated in vain for mercy.
In carrying ont the sentence, the two men with halters round
their necks, were marched to the gallows behind a cart attended
with all the apparatus, which makes such scenes truly horrible.
A guard of militia surrounded them on the march to death.
At the gallows, the behavior of these martyrs to their loyalty
did honor to human nature and both showed fortitude and
composure. Roberts told the spectators, that his conscience
acquitted him of guilt, that he suffered for doing his duty to his
sovereign, and that his blood would one day be required at their
hands. Turning to his children, he bade them farewell and
charged them to remember his principles for which he died and
to adhere to them while they had breath. A witness of his ex-
ecution wrote, — "He suffered with the resolution of a Roman."
After the execution, the bodies of the two men were carried
away by friends, and their burial was attended, by over 4,000
of their brother Loyalists. Some of the heartless leaders of the
Resolution defended this severity and thought that hanging the
friends of King George would have a good effect, and give stability
to the new government. Another suggested, that the Loyalists
seemed designed for this purpose by Providence, as his head the
King, is in England, his body the loyalists in America, and the
neck ought to be stretched. All legal rights were denied a Loyalist..
He might be assaulted, black-mailed, insulted, or slandered^
Yet he had no recourse in law. They could neither buy nor sell*
In New York alone over $3,000,000 worth of property was ac-
quired by the State. The result was, large manors and estates
were cut up into small lots and divided among the common
people, thus closing out any hope to the Loyalists ever claiming
their property again. Washington himself approved heartily
of the confiscation and justified this act of wholesale robbery.
It was in vain that the Loyalists protested and pled for justice.
Such appeals fell on deaf ears. If continued protest was made,
the Loyalists were adjudged offenders, and thrown into the
common prisons, which in that day were places of horror. One
of the most terrible of these prisons was the famous Simsbury
4
50 NOVA SCOTIA HISTORICAL SOCIETY.
mine in Connecticut, in which thousands were imprisoned.
In its varied horrors which shamed those of Siberia, its terrible
severity and cruelty, several of the Loyalists, imprisoned in the
hole, have left graphic descriptions.
On approaching the dungeons, the victims were first conducted
through the apartments of the guards, then through trap-doors
down to a prison, in the corner of which opened another trap-
door, covered with bars and bolts of iron. This trap was hoisted
by a tackle disclosing a deeper depth which the keepers called
Hell. The prisoners descended a ladder down a shaft of about
three feet in diameter sunk through the solid rock. Arriving at a
platform, they descended another ladder, when they came to a
landing; then they marched in file, until they came to a large
hole, where a great number of prisoners were confined. The
inmates were obliged to make use of charcoal, to dispel the foul
air, which was only partially drawn off, by means of an auger
hole, bored from the surface. Imagine the horror of this dungeon
so overcrowded, full and dripping with moisture, and the prison-
ers lacking every necessary for existence. The mortality was
frightful, and the unsanitary condition of the prison, a blot
on humanity. The few released from this frightful captivity were
compelled to give bonds never to return. Death was the penalty
of returning to their homes.
In the anxiety to escape the merciless persecution of the
rebels, the nature of the land they were flying to had not been
studied. From Nova Scotia some of the Loyalists who had come
to Halifax on the outbreak of the Revolution, sent back most
favourable accounts. There were, they said, great business
-opportunities as well as the mere necessities for subsistence.
Saw-mills could be erected, and a great business carried on, with
the West Indies. The fisheries would develop into a great in-
dustry. In fact they were assured, they might in our loyal
province quietly enjoy a comfortable life, freed from the detested
tyranny of seditious and rebellious demagogues. Lured by these
xepresentations, over 29,000 left New York within a year. Some
MEMOIR OF GOVERNOR JOHN PARR. 51
endured the privations encountered, with great patience, but
soon they complained of the outlook. One wrote, "All our
golden promises have vanished. We were taught to believe
this place was not barren and foggy, as had been represented,
but we find it ten times worse. We have nothing but His Majes-
ty's rotten pork and unbaked flour to subsist on. It is the most
inhospitable climate that ever mortal set foot on. The winter
is of insupportable length and coldness, only a few spots fit to
cultivate, and the land is covered with a cold spongy moss, instead
of grass, and the entire country is wrapt in the gloom of per-
petual fog. But there is one consolation, neither Hell nor Halifax*
can afford worse shelter than Boston or New York to-day. "
The rebels at Boston heard with delight these tales of discontent
from Nova Scotia. They nicknamed our province, "Nova
Scarcity." It was a land, they said, which belonged neither
to this world nor the other. It was enough to give one the
palsy just to look at the map. However it is no more than
the Loyalists deserve.
Meanwhile in the new Republic, the career of persecution
went on without pause, and violence and imprisonment and
starvation awaited all, who were even suspected of loyalty to
Britain. In many places, men and women were tarred and
feathered, and even hanged for daring to remain or even claim
their property. The Loyalists had no other course open to them,
than to leave the country, and their homes where they had
hoped to die.
"They left the homes of their fathers, by sorrow and love made
sweet,
"Halls that had rung a hundred years, to the tread of their
people's feet,
"The farms they had carved from the forest, where the maples
and pine trees meet."
♦Can this phrase refer to the old saying that coupled Hell, Hull and
Halifax ?
52 NOVA SCOTIA HISTORICAL SOCIETY,
It is impossible to tell exactly, how many persons altogether
became exiles. All the men who had taken an active part in
the war, and were consequently most hated by the revolution-
ists, certainly left the United States. As we know for a fact
that 20,000 men fought in the regularly organized royal regi-
ments, we may fairly estimate, that about 100,000 men, women
and children, were forced to leave and scatter throughout the
world. Of this number about 35,000 came to the provinces of
the present Dominion of Canada. More than two-thirds of
the Loyalists settled in the Provinces of Nova Scotia and New
Brunswick, the remainder in the Valley of the St. Lawrence.
Most of them ended their days in poverty and exile, and as the
supporters of a lost cause, history has paid but a scanty tribute
to their memory.
During 1783, Parr and his council succeeded in settling
several thousand of the Loyalists in the countries of Annapolis,
Digby, Shelburne and Guysborough, which was so named from
Sir Guy Carleton who settled several hundreds of disbanded
soldiers in that beautiful county. But what a host had to be
attended to! The condition of the majority is thus described
by Governor Parr in letters to the Home Government in August
1783. "Most wretched and helpless, destitute of everything,
chiefly women and children, still on board the vessels, and he
had not been able to find a place for them, though the Winter
and cold was setting in very severe." Rude huts were erected
during the early winter, for the temporary accommodation of
these unhappy people. The British Government granted pecun-
iary compensation and lands to the Loyalists who had sufifered
for the Empire, but it took years to have these claims adjusted,
and relief afforded. Many of them totally unfit for manual
or farm labor, professional men, felt the keen misery of their
situation in hope deferred ; several writing ' ' That this
delay of justice by the British Government, had produced
the most shocking results." Eventually, the exiles who made
out their claims, were voted by the British Parliament — ^16,000,-
00 cash. Many received annuities, and half -pay officers, large
grants of land, and offices in the province.
MEMOIR OF GOVERNOR JOHN PARR, 53
In August 1783, Parr received instructions from Governor
General Carleton, to hasten, if at all possible, preparations for
the reception of a further arrival of a large number of Loyalists.
"The merciless treatment of many innocent old Loyalists,
*'by the Boston people, shamed humanity itself by the
" ruthless destruction of property, necessary to their sup-
"port. " Sir Guy also wrote to General Washington, that
the utter disregard of the Vigilance Committees of Boston,
and even in Philadelphia where Congress was in session, was
such, that he was obliged by his relation to his government,
and by humanity itself, to remove all who should wish to be
removed. This removal, in view of the evacuation of New
York by the British forces, had to be made in haste. Parr
had this additional work to look after, and rations were issued
by agents, under his direction, throughout the winter, to be-
tween nine and ten thousand persons. In September 1783,
Parr received instructions from the Colonial Office, to visit and
inspect and report, at once upon the position and prospects
of the new town, which the Loyalists had built, on the southern
shore of the province, at a place called Razoir. Parr sailed at
once in the man-of-war Sophia and arrived at Pol^t Roseway,
two days afterwards. He landed and spent several days inspect-
ing the town, and interviewing the people. He received a formal
address, and in his answer, announced his instructions from
England, and signified his intention to name the settlement
Shelburne, in honour of Lord Shelburne, afterwards Marquis
of Lansdowne, Secretary of State for the Colonies. The health
of the King, and prosperity of the town and district of Shel-
burne was drunk amid cheers from the Loyalists and a general
salute from the ships. Justices of the peace were appointed,
an elegant dinner was served, and a supper was given. Parr
made a good impression and he sailed from Shelburne amid
many testimonies of satisfaction from the inhabitants, who at
this date numbered 5,000, augmented a few months after by
the arrival of another 5,000.*
*See Collections of the N. S. Historical Society, Vol. VI. Watson Smith
54 NOVA SCOTIA HISTORIC AI^ SOCIETY.
Before the close of the year, after the evacuation of New
York, 25th November, 1783, 2000 more LoyaHsts arrived at
Halifax and 400 Negroes from New York. Many of these were
slaves, and preferred following their owners to Nova Scotia;
they proved a curse to the province for generations. Parr and the
Secretary Bulkeley* worked night and day, without rest, in the
endeavour to meet the emergency. At this day we cannot
form the faintest idea of the magnitude of the task of caring
for so many helpless people, almost paralysed by despair at
their changed circumstances in life and ruined prospects; but
Parr and Bulkeley worked well in the completion of the enormous
task which circumstances had imposed upon them in sheltering
and feeding, the great multitude congregated at Halifax and Shel-
burne, at the close of 1783. Codfish, molasses and hard biscuit,
were the principal items, only a very limited supply of meat
could be obtained. Meal and molasses sustained the negroes.
Codfish exported to Jamaica, by our merchants, had to be sent
for and bought back to sustain life in the people but in spite
of all this trouble, Halifax quietly progressed. Many houses
were erected on the principal streets, replacing the old shack:,
which had survived the early days of the settlement, the rotten
material of the torn down hovels being eagerly seized by the
poor people without shelter of any kind, and re-erected on the
side of the Citadel Hill. There was a large amount of money
sent out from England to help the refugees. Many artisans
were among the new-comers. There was a great fleet in the
harbour, and large garrison of troops to be fed and clothed.
Great consignments of all kinds of goods were constantly arriv-
ing and although, there was much suffering and disease, Parr
writes to England, that the merchants had acquired large means,
although some of them had extorted as much as £^. 10s. for a
hundred weight of flour.
In the autumn of 1783, Edward Fanning arrived from London
and was sworn in Lieutenant-Governor of the province, to aid
*See Collections of N. S: H. S. XII , Richard Bulkely, by James S .
Macdonald.
MEMOIR OF GOVERNOR JOHN PARR. 55
Governor Parr in the great work of settling the Loyalists. Fan-
ning proved a popular and sensible official. He was an Irish
Protestant of Ulster, possessing great estates. How he came to
accept such a troublesome appointment was long a mystery,
but it has since transpired that he had hopes of eventually
being promoted to the position at Quebec, in other words Gover-
nor-General of Canada. He proved himself a most practical
oificial, and gave Parr great aid in the settlement of the Loyalists.
The Indians at this date had ceased to give trouble. They
had given up hunting for support, and in large numbers en-
camped at North West Arm and Bedford Basin. Rum had
already begun to play havoc with them and their usual demor-
alization ensued. The last of their pubUc festivals was held
this year on the 8th of May, on the shore of the North West Arm,
near the site of the Chain Rock Battery, at foot of road leading
down from the Tower in Point Pleasant woods. It was the Festi-
val of Saint Aspinquid of Mount Agamonticus, the great Indian
Saint of old Acadia, falling on the day of the first quarter of the
moon in May. His festival was celebrated by Indian dances,
winding up by all partaking of a huge dish of clam soup, the clams
being dug and cooked on the spot. A large number of Indians and
townspeople attended, and the celebration was proceeding merrily
and in good order, when some rebel sympathisers attempted to
drink success to the new Yankee Republic in rum distributed
among the people, and the festival closed in great confusion.
That was the last Indian celebration of a festival, which for many
years, under the direction of Francklin, had been looked forward
to by Indians, and even our people, as a little holiday, for a
simple and quiet amusement, but the death of Francklin, and the
rebel complexion sought to be placed on the affair that day,
ended the matter for ever.
In January 1784, Parr writes to Lord North, that in conse-
quence of the final evacuation of New York by the British troops,
and the continued persecution of the Loyalists, a considerable
number of refugee families, had followed to Halifax, and sub-
56 NOVA SCOTIA HISTORICAL SOCIETY.
sistence for 4,000 people had to be provided for, in and about
the already overcrowded town. This would cause great expense,
for in the depth of winter, they could not be sent into the country.
He adds, "I cannot better describe, the wretched situation of
these people, than by enclosing a list of those just arrived in the
transport Clinton, chiefly women and children, scarcely clothed,
utterly destitute, still on board the transport, crowded like a
sheep-pen as I am totally unable to find any sort of place for them,
and we cannot move them by reason of the ice and snow. " Again
in February, Parr writes for further supplies, for the thousands
who came too late to be located on lands, outside Halifax. He
writes further that over 25,000 of these poor people have arrived
in this unlucky season, and he expects great mortality before
the spring opens.
Parr's fears were well founded, as hundreds of the new-comers
died from cold, exposure and fever, before the 1st of June.
Several thousands of the Loyalists, who had come to Halifax
in 1782, and had been forwarded to St. John River, and formed a
settlement there, which they named Parr Town, in compliment
to Governor Parr who had exerted himself so generously in aiding
their location, were joined between 10th and 20th of May 1783,
by several thousands from New York direct. They suffered
greatly during this winter of 1783, which was frightfully severe.
Many lived in bark camps and tents, covered with spruce, ren-
dered habitable only by the heavy banks of snow, piled up to
keep the wind away. Many perished from the exposure. In
the spring of 1784, the snow covered the ground until May, and
the difficulties of the settlers were increased and aggravated
by doubts as to location of their promised grants of land, and the
coldness and jealousy with which they were received by the
old settlers on the St. John River. However the mass of the
new-comers were a clever people and worked intelligently.
They represented the matter to Governor Parr and demanded a
new survey of several sections held by the old settlers. Parr
sent Chief-Justice Finucane over to adjust matters and to aid
MEMOIR OF GOVERNOR JOHN PARR, 57
in settling the people, but this created great dissatisfaction.
They expected Parr to come, but, from motives of policy, he did
not care to face a lot of the cleverest lawyers on the continent,
and so sent the Chief- Justice. It is needless to say Finucane
had a hard time to adjust the debated points. They complained
of the tyranny and injustice of Governor Parr and the council at
Halifax. Supplies of the necessaries of life were granted them for
three years, and Finucane made every endeavour to have the
survey of the appropriated lands carried out to their satisfaction,
tut without success. Parr writes to the Secretary of State,
about Finucane's efforts, to settle the people on St. John River,
as speedily as possible, "I can assure your Lordship, that
no attention was wanting, to procure as many surveyors as
could be obtained, whilst the people, for whose services they
were obtained, refused them the slighest assistance, without
being assured, that they were to be paid for it." During 1784
the settling of the refugees proceeded rapidly, but great suffering
ensued, as the majority were utterly unfitted to help themselves.
Later on in 1784, Parr writes to the Home Office, that a total of
nearly 30,000 souls, 4882 families had been located in the Province,
on lands most suitable for occupation.
To be exact in this particular return, we must quote Colonel
Mase's official report, in which he gives full particulars of the
population of Nova Scotia 1783-1784.
Old British Inhabitants . From the settlement in 1749 and
including those settlers which had come to Nova
Scotia by inducement of Lawrence after the expul-
sion of the Acadians 14,000
Of Loyalist and Disbanded Troops who came /row 1776 to
31st Dec. 1783, Refugees called New Inhabitants 28,347
French Acadians 400
42,747
This return includes 3,000 Negroes who came with the Loyal-
ists. The Indians are not given as they were not part of the
settled communities.
58 NOVA SCOTIA HISTORICAL SOCIETY.
In this letter, Parr recommends arrangements being made for
additional representation in the House of Assembly. On the heels
of this communication to the Secretary of State, he received a
dispatch from London informing him that the Province of Nova
Scotia was to be divided. The lands on the north side of the Bay
of Fundy were to be erected into a new government under the
name of New Brunswick. Colonel Thos. Carleton was to be gover-
nor of the new province, Cape Breton, and the Isle of St. John,,
subsequently called Prince Edward's Island were to be separate
provinces under Lieutenant-Governors, subject to the control
of the Governor of Nova Scotia; and a Governor- General would
reside at Quebec and preside over all the British provinces in
North America. Thus was Nova Scotia divided and shorn of
much of her past importance and prestige.
The separation of Nova Scotia into a number of provinces
went into effect without delay, and the Loyalists of St. John
went fairly crazy over the inauguration of their Governor, Colonel
Carleton. New Brunswick was to be the banner province, the
home of the freemen of North America. In their address to
Carleton they speak of his coming to crush the growth and arro-
gance of tyranny and injustice, that they were a number of
insulted and oppressed Loyalists, etc. The expressions used
in the address, were tinctured strongly with fierce resentment
against the people and government of Nova Scotia. It would
have been hard for these people to have produced any real
evidence of insult, tyranny or injustice on the part of Governor
Parr or his officials, or of any contempt on the part of the people
of Halifax toward the newcomers, in their unfortunate plight.
On the contrary, the people of Halifax, from Parr and Fanning
down, exerted themselves in every way, to meet their wants,
and to alleviate their distress. But great allowance must be
made for people, who by the cruel events of civil war, are forced
to exchange happy homes for a wilderness, a milder climate
for a rugged one, and who for a long time were drifting on a
current of disaster. These early traits of ingratitude in our
New Brunswick friends are still apparent at times, in a
MEMOIR OF GOVERNOR JOHN PARR. 59
persistent belittling of Halifax and its people. But then we have
to consider the better chances we have enjoyed in our broader
field of action, and so overlook the little hereditary weaknesses
of our sister city and its people.
In 1784, Parr opened the General Assembly with a sensible
address, reviewing the troubles the Province had surmounted,
during the past year. This may be called the Long Parliament
of Nova Scotia, having existed over fourteen years. It had
sat for seventeen sessions since it was first convened, 6th June,
1770.
For some years after the foundation of Halifax, the British
authorities passed various laws, which prevented Irish or English
speaking Catholics from holding titles to land, building churches,
or obtaining the ministrations of their own clergy, although a
large number of Irish, nearly all Roman Catholics, were living
in Halifax.
In 1783, these obnoxious regulations were repealed, and, in
1784, a small church was erected on west side of Barrington
St., near the head of Salter St., close to the spot now occupied
by the Cathedral of St. Mary. When completed it was painted
red, and had a steeple at the western end. The Rev. James
Jones, the first Irish priest in Nova Scotia, was in charge of the
parish.
In 1784, Parr greatly interested himself in the inauguration
of a new industry, which at the time looked promising. Messrs.
Cochran and Holmes, leading merchants, had a whaler fitted
out at Bristol, England, in January, and on 12th September,
she arrived at Halifax with her first cargo of sperm oil and whale-
bone, taken on coast of Labrador, which realised at auction
i^2o00, ($12,500.) The success of the enterprise encouraged the
firm to fit out other vessels, and for a number of years, gave
good employment here, and splendid returns to the manage-
ment. It was a great success until a number of Quakers from
Nantucket, interfered and undertook to settle Dartmouth with
60 NOVA SCOTIA HISTORICAL SOCIETY.
a company of whalers. They bought out Cochran and Holmes,
and prospered for a time, but finding Halifax a poor centre
for distribution, they removed the plant to Wales, and so an
industry disappeared, which promised well and did well for
years, until interfered with by outsiders. This was an early
object lesson, but it failed to warn or teach our people. In
recent years, have we not seen the same repeated, — good sound
companies selling out to foreigners, and in a short time, from
various causes, again sold out, or merged with most unprofit-
able undertakings, to the detriment of our citizens and city.
This year ^500 sterling was voted to Governor Parr, for the
support of his table, on account of the unusual number of strangers
he had to entertain daily at his residence. The disbanding
of several regiments, at this date, gave Parr and his council,
a great amount of work and anxiety in regard to their support
and subsistence, before their lands could be made sustaining.
The commander of a Hessian regiment. Baron de Seitz, died
at Halifax. He was a gallant officer and an honest man, and
was buried under St. Paul's with great ceremony. Instead of
the ordinary shroud, he was clothed in full regimentals; his
sword by his side, his spurs upon his feet, and an orange in his
hand according to the old feudal custom in Germany, when
the last baron of a noble house dies. His hatchment hangs
in St. Paul's. The memorial runs thus: —
"In memory of Fritz Carl Godman, Baron de Seitz, Colonel
and Chief of Hessian Foot, and Knight of the order pour la
vertU' militaire, in the 65th year of his age." His property was
sold in Hahfax, a ring with eleven diamonds, coach and three
horses, etc. The vault under St. Paul's, in which he was buried,
was broken open, and rifled of sword, spurs and jewellery, insignia
of his order, etc. A reward was offered, for arrest of the perpe-
trators, but without result.
At the close of 1784, Halifax presented the appearance of a
town that had sufiFered by the inroads of an invading army.
MEMOIR OF GOVERNOR JOHN PARR. 61
Collections of old shacks on the shores, or beach, which had shelter-
ed the Loyalists, remnants of old tents, and spruce wigwams,
on the common, which had been erected, and subsequently
abandoned, as their owners were removed, to their new holdings
throughout the Province, bore silent evidence of the poverty and
suffering of the great multitude, which in its passage, had made
our town a resting place. Still matters were not all in decay.
The established merchants had been successful. Enormous
quantities of fish, lumber, rum and bread-stuffs had been imported,
and sold to good advantage. Many of the mercantile men were
becoming wealthy.
The Scottish Guild of Merchants of 1761, had been reinforced
in numbers by many Scotch Loyalists who at the beginning
of the troubles leading up to the Declaration of Independence,
in 1776, had for the past eight years, been gradually settling
in Halifax. With Scottish prudence, they could only fore-
cast disturbance and ruin, for many years ahead, for communi-
ties in revolt, and so came from Boston, New York, Philadelphia
and Baltimore to this great centre of loyal Britons, where they
could find a field for their enterprise and energies. Among
them was Anthony Stewart, from Baltimore, father of Hon.
Jas. Stewart, for many years Solicitor-General of the Province.
Anthony Stewart was a leading importer, and most enter-
prising merchant of our city, a man possessed of great
intellectual abilities, which he devoted to the public good.
With him came Charles Adams, William Shaw, William
Cater, the Vieths, the Gordons, Mensons and Gibbons, th^ Sloans
of New York, followed by the Benvies and Gordons of Boston.
These Scottish merchants were all well settled here in trade,
before the great migration of Loyalists in 1783, and so were in
a position to advise and give a helping hand in the arrange-
ments, for the aiding and settling of their friends crossing the
border to our loyal town and province. Many of these men
came with considerable funds. At the very commencement of
the outbreak, they began quietly to realise on their holdings
and so came to Halifax in a position to take advantage at once,
62 NOVA SCOTIA HISTORICAL SOCIETY,
of the circumstances surrounding them. They were accused
of being clannish, to an extreme degree. Certain it is, that if
one missed a chance to make a profitable hit in trade, another
Scot was always handy to prevent the chance passing into
alien hands. The North British Society, our oldest national
institution, was founded in Halifax in 1768 and absorbed the
entire Scottish Mercantile Guild of Halifax. The greater number
of the wealthy Loyalists became members, and at the celebra-
tion of St. Andrew in 1784, a most joyous dinner was held at the
Great Pontac Hotel, at which one hundred were present.
Anthony Stewart, the great Loyalist merchant presiding, sur-
rounded by the Halliburtons, the Benvies, the Thomsons, the Gor-
dons, the Lennoxes and the Copelands, all like the president, patri-
otic Scots, who had come to Halifax for King and Country, and, it
may be added, to make considerable fortunes. Governor Parr,
Lieutenant-Governor Fanning and the Council were present
and the celebration was one noted for the number of talented
speakers who enlivened the proceedings. With all our pre-
judices in favor of the advancement in intellectual efforts of the
present day, we fear our speakers to-day would cut a sorry figure
in competition with these worthies of 120 years ago, were it
possible to have such a tournament of culture, wit, and expression.
In 1785, Parr and Fanning with Bulkeley, were busy in at-
attending to the settlement of the Loyalists on the various lands
selected over the province, and in forwarding rations to those
already settled. It was a work of great magnitude, as the settlers
^ould not afford the slightest assistance to the surveyors, sent
to lay off their allotments. Chief Justice Finucane who had
also been a hard worker with Parr, in settling the new comers,
died this year, from anxiety and over- work. He was buried
under St. Paul's. His escutcheon hangs in the church. The
late Chief -Justice was greatly esteemed in Halifax as an upright
judge and accomplished gentleman.
This year Lieutenant-Governor Fanning, had a residence
built at Point Pleasant, just below the old tower, opposite the
MEMOIR OF G0\':ERN0R JOHN PARR, 63
present government wharf. He entertained there for a number
of years. He had a first-class garden, and his flowers and fruit,
were long talked of. It was near the favorite walk of the town,
and the roads at this date were kept in excellent condition.
John Howe, father of the greatest of Nova Scotians, who had
lately come to Halifax with the Loyalists, and had established
a newspaper, and was appointed post-master in succession to
Mr. Stevens, lived north of Governor Fanning, with whom he
was very intimate. These were the first residences on the eastern
-side of the North West Arm. Parr often visited at the two
houses, and was very friendly with post-master Howe.
Governor Parr had a set-back to his popularity this year.
A petition was presented by the inhabitants of Halifax, praying
for a charter of incorporation for the town, but Parr by the
unanimous voice of the Council led by Bulkeley, refused this
request, on the grounds, that it was neither expedient, nor neces-
sary. The existence of a separate body, having the sole control
of town affairs, would have in a great measure the effect of
depriving the Council, of the supervision, which they no doubt
deemed for the interests of the community, should remain with
the Government. It led to a great discussion among our people,
and several public meetings at the Pontac, at which Bulkeley
and Parr were severely criticized. The St. John people had a
charter of incorporation granted them, by Governor Carleton,
18th May, 1785. By its provisions, St. John was divided into
six wards, with mayor, recorder, six aldermen and six assistants,
chamberlain, sheriff, marshal, treasurer and coroner, a facsimile
of New York charter. There was no trouble in working it.
It went on without any delay, and it is not to be wondered at,
that our Halifax people should feel aggrieved, at being so shab-
bily treated by Parr and the Council, when our town contained
so much wealth and intelligence. But as usual, we have been
famous for protests, but easily dropping them. We allowed
fifty years to elapse, before we insisted upon a charter, which
we had asked for in 1785.
64 MEMOIR OF GOVERNOR JOHN PARR.
Among matters of note we find that in 1785, Edward How
was appointed a Justice of the Inferior Court of Common Pleas,
for Annapolis County. He was second son of the Capt. How,
assassinated by the noted Acadian, Beausoleil, by instigation
of Le Loutre while negotiating with the French under a flag
of truce, near Fort Lawrence in 1750. Another item worthy
of remembrance, was the appointment of James Boutineau
Francklin, eldest remaining son of the late Governor Michael
Francklin, to the position of Clerk of the House of Assembly,
which he held until his death in 1826. He was the father of
Mrs. R. F. Uniacke, the wife of Rev. Robt. Fitzgerald Uniacke,
of St. George's Church, — the Round Church, Halifax.
One bad sign of domestic matters in old Halifax in 1785
may be noted. In the course of twelve months, no fewer than
twenty criminals were hanged, mostly for minor ofifences and
petty robberies; three were negro slaves, who had only lately
arrived from New York with Loyalist families. One suffered
death for theft of a bag of potatoes. The cruelty of the age
and indifference to the taking of a human life for so slight an
offence, as it was proved the poor wretch was starving, was
a stain on the humanity of our so called Christian people. The
process of justification in the light of mercy or compassion must
have been a curious one with judge and jury. They were no
doubt honest men, acting up to their lights. In looking back
to-day, we can only regret that the men were dull, and the lights
dim.
In 1786 Governor Parr by Royal Warrant ceased to be Gover-
nor of the province and received the appointment of Lieutenant-
Governor, under Governor-General Sir Guy Carleton, residing
at Quebec. Thus Parr was the last Governor and Captain-
General of Nova Scotia.
At same time, as was intimated by private advices from
Colonial Office, it was the intention of the King, to bestow upon
Parr a baronetcy, in recognition of his services to the Loyalists,
and his good work as Governor of Nova Scotia. This honour
I
MEMOIR Olf GOVERNOR JOHN PARR. 65
Parr begged leave to refuse, on the score of not being well enough
off, to support it, another instance of his good sense and judg-
ment.
During 1786, the town began to look quiet. War excite-
ment had ceased. The coming of Loyalists, was a thing of the
past. The floating population had disappeared. The over-
crowded streets of the past years, looked almost deserted, but
our merchants were prospering and sending many vessels abroad.
The province was being opened up. Great roads were laid
out, and the influx of the Loyalists, many of whom were men
of family and education, was in the main advantageous, although
the influence they wielded, owing to their great favor in the
eyes of the King, gave them a growing ascendency, calculated
to throw in the back-ground the merits and services of those
families who had originally founded the British colony here,
and who had largely contributed to the defence of the land in
the French wars.
Still Halifax wanted change. For a long generation it had
been the centre for large speculations. War, which for a space
had failed, had been almost continuous since the founding of
the town. It had attracted great numbers to participate in
the benefits offered by the prizes brought in by the fleet and
privateers, and condemned and sold by the Court of Admiralty.
Vast fortunes had been made in this manner, and Halifax had
become famous the world over for the success of its merchants.
Its population during these times of war and peace had come
and gone like the tide. If war was active, and the Court of
Admiralty busy, and prize money plenty, thousands of cormo-
rants were attracted to the plunder, — if a brief breathing spell
of peace came, the population faded away like a dream, and
our streets became empty. With Parr came a long peace, 1782
finished a long war. Thence on to his death in 1791, Halifax
had ample time to turn a new leaf, from the feverish and tur-
bulent activities of its past, to the more enduring work of
building up and consolidating the varied interests of peace
6Q NOVA SCOTIA HISTORICAL SOCIETY.
arid progress. The ten ye^fs of Parr's administration of govern-
ment marked the disappearance of thousands, who were btit
the flotsam and jetsam of an excited period of our history : men
who had no living interest in the welfare of our province, who
had come for plunder alone, and swelled the demoralization
of a garrison and naval station.
During Parr's administration, several important settlements
were made through the province, notably Shelburne in 1784,
and Parrsboro in 1786. GuysboroUgh was also settled under
the guidance of Sir Guy Carleton, with several disbanded regi-
ments of veteran soldiers. Our exports of lumber and dried
fish increased. Our merchants, particularly Brymer and Belcher,
Michael Wallace, Black, Forsyth & Co., and the Scottish Guild
of Mercantile men, sent large consignments to the Mediterranean
and the East. The deep-sea voyages were founded. The trade
for sugar and indigo was begun. The profitable and long mono-
polised trade with Mauritius was inaugurated by our leading
men. The Charitable Irish, the St. George's, the High German
Societies were founded during this term of office. The streets
Were improved and Halifax put on the semblance of a quiet
British town, instead of the swaggering improvident and dissi-
pated rendezvous appearance, which had marked its make-up
since its foundation in 1749. In the interval, a large number
df Wealthy men had left Halifax for Britain. They had accumu-
lated wealth and retired from business, but at this time there
were many who had been fortunate, and preferred to remain.
The greater part of the large fleet and garrison was ordered
home, and the inhabitants having time to spare, engaged in a
ceaseless round of dissipation. It began with a levee and recep-
tion on January 1st, 1786.
The 5th January, Queen Charlotte's birthday, was celebrated
by universal drinking, and by a grand ball at the Pontac. The
description in the Gazette tWd days aftef, will serve for about
ten other social events, which took place between New Year's
day, and the 14th of February. It funs thus,—
MEMOIR OF GOVERNOR JOHN PARR. 67
A brilliant assembly was opened at the Pontac, where the splendid
array of the Cytherian train, and the confectionary preparations of
Signor Lenzi, exhibit a most celestial appearance. The ball began
at half after eight and considering the nn melons concourse of
subscribers, who were chiefly dancers, and the consequent con-
fusion of so crowded a company, the whole was conducted with
that necessary good order and impartial regulation that afforded
additional pleasure to everyone present, and honor to the gentle-
men who officiated as managers. At the close of the fifth
country dance, supper was announced in the most romantic
manner by the sudden elevation of a curtain that separates the
two rooms, and displayed to the enraptured beholders a complete
masterpiece of pastry work. In the middle of the table sprung
up an artificial fountain, in defiance of the frost itself; and on
each side, at proper distances were erected pyramids, obeHsks
and monuments with the temples of Health and Venus at the top
and bottom. During the course of the repast, the music attended
to deUght the ear and pleased the more delicate senses, while the
great variety of most exquisite dishes served to gratify the palate."*
Dancing was resumed at 12 o'clock and continued without lull or
abatement until 5 when the company retired and in a brief time
the disposal of the toast list to the number of twenty was engaged
in. The healths of the after meeting by the gentlemen were
superb. The toast of the evening Was Miss Sarah Gray, the beauty
of the Assembly, a New York lady here on a visit to the Newtong.
The tradition is that 700 bottles of difterent brands and vintages
of fine wines were consumed at this rout. The gentlemen retired
at II o'clock on the morning of January 6th. This little scene
of enjoyment and relaxation was designated at that day in Halifax
"the lively abandon of harmless mirth."
During the summer of 1786, Princ6 William Henry, after-
wards William IV, the immediate predecessor of Queen Victoria,
arrived in Halifax. He was then styled the "Sailor Prince."
In after years, he was known to his subjects as the "Cocoanut-
headed King." Grenville in the satirical memoirs of the court
has described him well. When in Halifax he appeared
to be a good-natured nonentity, but was feted and flattered
and slobbered over by our ofEicials to that degree, that he could
* Murdoch, III, 47/.
68 NOVA SCOTIA HISTORICAL SOCIETY.
not help fancying at times, he must be a creature of superior
inteUigence, "as they all told him so, and they could not be
all wrong." The Prince landed from the frigate Pegasus at
the King's Wharf, which was crowded with the numerous officials.
Governor Parr was there with General Campbell, and Admiral
Byron, and the usual number of loyal and devoted admirers,
who conducted him up the wharf, to Government House, then
situated on the spot where the Province Building is at present.
There is a little lane, running up from the King's Wharf, south
of the present Custom House, and its opening as a thorough-
fare, was to give the Prince a short cut, from his ship, moored
near the wharf, to Government House.
Here the Prince was bored to death with numerous addresses.
At last the young man, sick of the endless speeches, begged Parr
to let him off easy, and expressed a desire to be considered as
only a naval commander. The request was granted, and several
long addresses were merely handed unread to the Prince. The
streets were crowded with people anxious to get a glimpse of a
live Prince. He stayed here a week and sailed for Jamaica.
The next week the town was again in a social uproar. The
Governor-General, Sir Giiy Carleton, lately elevated to the peerage
as Lord Dorchester, and suite, arrived from Quebec. Balls
were given, addresses presented and a general fuddle indulged in.
Assemblies, dinners, receptions and card-parties at the Pontac,
Golden Ball, Mrs. Sutherland's Assembly Rooms, Roubelot's
and Morris's, formed one gay and tireless round of frivolities.
These routs and dinners were no doubt pleasing, but they were
exceedingly costly, as all the above named places of festivity
and fashion made fortunes for their owners.
Early in 1787, Dr. John Haliburton, a Loyalist, who had
come from New York in 1782, was elevated to the Council. This
created a mild sensation in Halifax, as there were several of
our old and influential townsmen who had better claims to the
position, and Parr came in for an amount of most undeserved
censure. He was only acting under strict instructions from the
' MEMOIR OF GOVERNOR JOHN PARR. 69
Home Government to give the Loyalist settlers preference
in all future appointments to office. It became the opinion
among our old and settled inhabitants, that these "damned
Refugees," as they were popularly styled at that time, were
in the swim for any or all the appointments offering. This
was emphasized by the fact that Dr. Haliburton had already
received a very lucrative office, as director of the Medical Depart-
ment of the Navy on the station. Another refugee, Blowers,
had recently been made Attorney-General of Nova Scotia and
Speaker of the House of Assembly. They were coming in for
all the best offices available, and of course there was dis-
satisfaction among the people who had borne the heat of the
day in building up our province and keeping it loyal to the
Crown.
On August 11th, 1787, His Majesty by letters-patent created
the Province of Nova Scotia an Episcopal See. The coming of
the Loyalists gave a great inpulse to the growth of the Church
of England, as nearly all of the 28,000 who found their way to
the Maritime Provinces belonged to that faith, and on the 12th
of August, 1787, the Rev. Dr. Charles Inglis who had been Rector
of Trinity Church, New York, and forced to fly from the country,
when the revolution was successful, was consecrated at Lambeth,
as the first Bishop of Nova Scotia, and of the colonies, with
jurisdiction over the provinces of Upper and Lower Canada,
New Brunswick, Prince Edward Island, Bermuda and Newfound-
land. He was also member of the executive Council, and exer-
cised great influence in the government of the Province. He
was the founder of King's College in 1789. The Halifax
people would have greatly preferred a leading cleric, who had
for years been a great favorite in the Province, or failing him,
some leading divine from England direct, instead of one of these
New York office-grabbers, but soon after this event there were
appointments made which were even less satisfactory to our
Halifax people, and the grumbling continued. The newly
appointed Bishop was a most interesting man, and he was grand- .
70 NOVA SCOTIA HISTORICAL SOCIETY.
father of Sir John Inglis, the defender of Lucknow, whose portrait
adorns the Legislative Council Chamber.
On the 28th June, 1787, Prince WilUanj Henry again visited
Halifax, and was received with great enthusiasm by our Halifax
people. A live Prince is always an object of adoration in Halifax.
The Governor and Council took him to Government House,
and presented the usual addresses. The cjergy followed. The
town had its turn. Then the grand jury, and justices fell down
and worshipped the Royal Calf. Then he dined with a select
few, and it was so arranged that the artillery, in front of the
present building, saluted after each toast was given. In the
afternoon a most bibulous reception was held at the Golden
Ball, followed by a ball at the Pontac. The latter was a magnifi-
cent affair. Dancing was continued with great spirit until
midnight, when the company were conducted to the supper
room upstairs, where tables were laid for 200 persons. The
Prince occupied with the Governor and Bishop an elevated
dais under a white satin canopy. The after fuddle was long
remembered in Halifax. The toast-list embraced almost every^
thing imaginable. Thirty-five toasts were duly and heartily
honoured and the company adjourned at 7 o'clock next morning.
It is related that the Prince was overcome by the sentiments
and hospitalities of his numerous entertainers, and was finally
put to bed, royally drunk, as a Prince could be, and should be,
in that drinking age, at Government House.
Late in November 1787 the Prince and the fleet came bacjc
from Quebec, and there was another display. The Governor
and Council, Bishop Inglis, General, Admiral and all the notables
were at his reception at King's Wharf. The royal standard
was hoisted and addresses were presented rivalling even those
presented a few months before in sycophancy and adulation.
The House of Assembly was present and in its address ex-
hausted every known term of eulogium. Fulsome, sickening
drivel was its chief characteristic. How sensible hard-headed
men could descend to such depths of unmanly serviUty is
MEMOIR OP GOVERNOR JOHN PARR. Jl
almost beyond conception. We have to-day most certainly made
a little advance in this line. After the slobber was over, the
march was resumed over a carpeted street between double lines
of troops to the Golden Ball, S. W. corner of Sackville and Hollis
Streets, cannon firing from batteries and ships, bands playing,
etc. Another address at the tavern and the inevitable dinner
to a large concourse of officials. House of Assembly, 185 in all.
Only thirty bumper toasts were drunk by half-past six, pretty
slow work for a public dinner; but we must explain the funetioa
was not half over, perhaps the company were only half seas
over. The Prince and Parr retired. In the evening at 9 o'clock
the Prince and suite entered the ball-room of the British Coffee-
House, a new and elegant tavern that day opened by Mr. A.
Callendar adjoining the north end of the Ordnance Wharf,
Upper Water Street. Here dancing was continued till daylight.
Next day the Members of Legislature voted ;^700 to defray
the cost of entertaining the Prince, and this it must be remem-
bered passed unanimously by members who could not obtain
a ^100 each for their much wanted county roads and bridges,
of that early day in Nova Scotia.
The same day, they declared during a discussion on the
want of public schools, that they must express apprehensions
of evil to our youth, if sent to the United States for instruction,
where they would imbibe principles unfriendly to the British
constitution. They could not but be conscious that Nova
Scotia, in point of situation, climate, salubrity of air and fertility
of soil, was inferior to no country. They could not be jealous
of its honour. The dinner, ball and supper had no doubt made
them proud of British institutions.
In September the Governor of New Brunswick, lately appointed
Commander of the Forces in Nova Scotia, arrived in Halifax
to inspect the garrison, but was not honored with a public
reception, which called down the wrath of the St. John people,
who greatly complained of our bad feeling and jealousy.
72 NOVA SCOTIA HISTORICAI^ SOCIETY.
In 1788, our floating population lessened, but the merchants
flourished by their exports, and the town slowly improved in
appearance. The success of the great promenade on Barrington
and Pleasant Streets, called "The Mall" and from which adver-
tisers in the Royal Gazette and the Weekly Chronicle began to
date their notices of goods for sale, instead of from Pleasant
and Barrington Streets, induced the merchants on Granville
Street to make improvements on that thoroughfare. A broad
planked platform was placed on the lower or eastern side-walk,
which extended from the corner of Buckingham Street along
Granville, to Hartshorn & Boggs' corner on George St., then the
board walk extended to Hart's corner, v»^here the Royal Bank
now stands. This walk was the resort of the merchants, and
between eleven and twelve every day, it was the custom, if fine,
for many of them to congregate, and for years it was preferred
to the Guild of Merchants offices in the Pontac tavern, corner
Duke and Water Streets.
Two theatres added to the amusements of Halifax at this
time. The Grand was on Argyle Street, near Duke. The New
Grand was on Grafton St., lower side near Prince St. They
were well patronized by our people. The prices of admission
were Box 5/-, Pit 3/-, Gallery 2/-. Characters were taken
by a limited number of professionals, assisted by amateurs, —
gentlemen of ,the Army, Navy and Town. This year the adver-
tisements of the theatres particularly request the ladies to dress
their heads as low as possible, otherwise the people sitting behind
cannot have a view of the stage. The town at this date found
full employment for four friseurs. The "head " was an important
make-up for ladies and gentlemen in that age of wigs, cues
and powdered hair dressing. Hair-dressing was an important
and lucrative profession. Messrs. Clarke, Kinnear, Osborne and
Holmes were leaders of fashion at this time. Then came a
dozen barbers, but they were not on the same level as hair-
dressers.
In 1788 there was a number of the English aristocracy in
Halifax, who with their wealth and lavish entertainments, con-
MEMOIR OF GOVERNOR JOHN PARR. 73
duced to injure the tone of society. The presence of the Prince
and the fleet on the station, drew them here for amusement.
The Earl of Eglinton, Lord Montmorris, and other wealthy
noblemen, with a host of younger sprigs of nobility, and needy
relatives, filled the hotels. Drinking, gambling, and kindred
vices followed in their train. They departed with the Prince,
and our little town was the better for their going.
From a moral standpoint. Nova Scotia, especially Halifax,
at this date, did not occupy in the eyes of the world a very
enviable position. A looseness of conduct and an open indifiFer-
ence to moral, as well as religious law prevailed to a fearful
extent. In social life the greatest laxity of conduct had sprung
up. Sacred ties were broken without remorse, and men learned
to smile and applaud the most unhallowed scenes of dissipation.
Our proximity to these days is even yet too close to admit of a
searching scrutiny into the morals of the community, but it
would be unfair to pass over in silence a subject of so much
moment.
Bishop Inglis shortly after his arrival to take charge of the
Diocese of Nova Scotia, was so impressed with the fearful con-
dition of the community, the general tone of society and the
debasing examples of open immorality, that in taking his seat
in Council, he urged that steps be taken by the Government to
erect barriers against the impetuous torrent of vice and irre-
ligion which threatened to overwhelm the morals of the entire
province and community. The knowledge of these facts is
enough. The particulars are unnecessary. It is needless to
recall the vices of this particular phase of our history. Happily
that period of indifference has passed away, never to return.
By the advice of his Council, seconded by his own desire
for the comfort of the new settlers. Parr this year made repeated
visits to the different settlements of Loyalists throughout the
Province. Thus he went to Guysborough in the Dido in 1788
and 1789. He visited Parrsborough in 1790 and was several
times at Annapolis and Weymouth, and especially Windsor.
74 NOVA SCOTIA HISTORICAL SOCIETV.
Shelbume he visited, and he corresponded with several of tbe
settlers.
His general administration of public affairs bad been most
satisfactory, and he had become popular ; but at this time there
arose a great difficulty which had the tendency to make great
divisions and turmoil throughout the province, and to give
the action of Parr and his Council a most partizan character
in the eyes of a portion of the people. In the Legislature a
motion was carried to investigate the administration of justice
in the superior court, which resulted in the impeachment of the
Judges Isaac Deschamps and James Brenton, for maladministra-
tion of justice. The charges were investigated and found correct
on every count. The matter was referred to the Council, and the
examination was conducted by Parr and Council behind closed
doors. While the investigation was going on, Judge Deschamps
struck the names of the attorneys who made the charges, off
the roll of attorneys, and great excitement ensued. This may
be regarded as the period when party divisions were first ex-
perienced in Nova Scotia. The attack, or rather charges, on
the judges were made by two lawyers. Sterns and Taylor, who
were Loyalists. The judges belonged to the original settlers,
or old inhabitants, and so the division began. In January
1788, Attorney-General Blowers, another Loyalist, was made
member of the Council, which created a vacancy in the repre-
sentation of the county of Halifax. In February an election
was held. Stems the Loyalist, had 374 votes, and Morris who
represented the old inhabitants, obtained 415. A great riot
ensued, the Loyalists acting most violently. Many were beaten
badly. One man was killed, and several were severely injured.
Riotous mobs for three days paraded the streets, and attacked
all whom they suspected of being on the opposite side. At
last, the military were caJled out, and quelled the disturbance.
This was the first division in politics, and it was called "old
comers" and "new comers." The party divisions thus originated,
existed for years, extended to the House of Assembly, and for
twenty years the battle was fought out in each election, and
MEMOIR OF GOVERNOR JOHN PARR. 75
at all meetings of the Legislature. The debates which for the
first time were printed, are of the most lively description. The
Governor was blamed for being inflenced by the voice
of his Privy Council. Finally Parr and his Council declared
the judges innocent of the charge preferred against them, but
afterwards decided to refer the entire case to the Privy Council.
Meanwhile the press was busy publishing accounts of the affair
in language most brutal and offensive, and Sterns and Taylor
collected all the letters written by their friends, and combining
them with the very serious charges they had made, and indeed
proved to the satisfaction of the Legislature, published hundreds
of copies of a pamphlet, which is getting rare. Another pam-
phlet supposed to be published by Bulkeley, entitled "a Vindica-
tion of Governor Parr and Council in re the Impeachment of
the Judges, by a Halifax Gentlemap," was issued in London,
and much read in Britain. Finally after an interval, the Privy
Council justified the Governor and Council in their action, in
exonerating the Judges, in the following dispatch from the Home
Office:
"The Committee of Her Majesty's Privy Council before
whom the charges exhibited by the House of Assembly
against the Assistant Judge of the Supreme Court have
been heard, have reported to His Majesty that after
mature consideration of the subject, they cannot find
any cause of censure against those gentlemen and
consequently have fully acquitted them, which report
His Majesty has been pleased to confirm."
A whitewashing of the most glaring kind.
In 1790-91 there was a great scarcity of bread in Halifax.
A famine existed throughout Canada, and flour and bread-stuffs
went up to fabulous prices. Fish and potatoes saved Halifax,
supplemented by hard sea-biscuit imported from England,
Newfoundland and Jamaica. These articles of coarse provender,
saved many from starvation as they had done on many previous
occasions. Rum was to be had in abundance, and that active
76 NOVA SCOTIA HISTORICAL SOCIETY.
agent appeared to balance the scarcity of flour. We look in
vain through old files of our papers for a scarcity of the ardent.
What a calamity it would have been considered, did that good
consoler fail. The famine continued in severity for nearly
two years. Meanwhile the revenue from licenses to sell rum
increased, and it was proved before a committee of the Assembly,
that most of the roads within fifteen miles of Halifax, had been
made and kept in order from the funds obtained from the licenses
granted.
During the autumn of 1791 a number of negroes were collected
from the counties outside Halifax, to be shipped to Sierra Leone.
They were a shiftless lot, many of them slaves, who had come
to the province during the revolution. The expense was borne
by an English philanthropic association, called the Sierra
Leone Company, which had interested itself in the welfare
of the negro.
On the 17th of November, 1791, Governor Parr held a meeting
of Council, to ask advice in arranging for the shipping and re-
moval of these negroes from the province, as the Secretary
of State had directed him to hire vessels for the purpose.
It proved Governor Parr's last meeting with the Council,
as he died on Friday, 25th of November, 1791, at one A. M.,
of apoplexy, in the sixty-sixth year of his age.
On Tuesday the 29th of November, the funeral took place.
Governor Parr had been Grand-Master of Free Masons and the
several Lodges attended. The 20th Regiment, which Parr had
commanded and which was in garrison when he died, also attend-
ed. All the forces were under arms. The officers of the fleet
were present, headed by Sir Richard Hughes, a former Lieutenant-
Governor. The Royal Artillery and the 16th and 21st Regiments
lined the streets. The ships and batteries fired minute guns. At
the entrance of St. Paul's Bishop Inglis received the body,
which was placed near the altar, and the funeral service pro-
ceeded, after which the coffin was lowered into the vault, under
MEMOIR OF GOVERNOR JOHN PARR. 77
the middle aisle of the church. The 20th Regiment fired the
entombing volleys. The popularity of Parr was exhibited in
the unbounded regrets of the immense number of Halifax people
present.
Parr died poor. He had exhausted much of his means by
purchasing his successive steps in rank, at that time reaching
several thousand pounds sterling. Those were the days of
purchase, and no brilliancy of service could balance a want of
influence and money at the war-ofiice. Parr's widow and two
daughters left almost immediately after his decease for London.
His eldest daughter, Catherine, a youthful widow of the late
Capt. Dobson, of the 20th Regiment, was married to Hon.
Alex. Brymer, a former paymaster of the forces in Halifax
garrison, on January 1st, 1796, in London.
Two of the sons went into the army and died without issue.
The third son, Thomas, went into the East India Company's
service and was assassinated when resident at Sumatra in 1807.
Two of his children, a boy and a girl, had been sent to England,
but his widow and two younger children embarked for England
in the East Indiaman Georgina in 1807, and were lost at sea.
The surviving son, Thomas Clements Parr, went to Eton and
Christ Church, Oxford, and was for some time on the National
Ecclesiastical Commission. He married in 1836, Melice, eldest
daughter of Sir Chas. Elton, Bart, of Clevedon Court, and had
three sons and five daughters. Of his three sons, his eldest,
Thomas Rowatt Parr, served some years in the Rifle Brigade
and died 1906. His second son died young, and his third son
living is Maj. Gen. Henry Hallam Parr, C. B. and C. M. G., now
residing in England, to whom the writer of this paper is greatly
indebted for necessary data for compilation.
The family of Governor Parr is now represented by Major
Clements Parr, late Oxfordshire Light Infantry, son of Thomas
Rowatt Parr.
78 NOVA SCOTIA HISTORICAI, SOCIETY.
During Parr's administration of nine years from 1782 to
1791, the welfare of the people was his study and care. His
name will be ever associated with the coming of the Loyalists
to Halifax and the province in 1783. His deep solicitude for
their relief, welfare and settlement should never be forgotten
by their descendants. He was not brilliant, but was the very
man to suit the time he lived in, a plain, upright soldier, wild
prided himself on his attention to duty, and who endeavoured
to discharge the obligations of a distinguished position with
integrity and honour.
n
^
J
PARR'S HATCHMENT
IN ST. PAUL'S CHURCH
Courtesy of
Rector and Church Wardens St. Paul's,
Halifax, N. S.
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793.
By REV. T. WATSON SMITH, D. D.
(Read 26th February, 1901.)
In 1793, only twelve years after the American Loyalists had
found in Nova Scotia a refuge from Whig bitterness, some start-
ling intelligence reached Halifax.
On April 13th of that year, the lieutenant-governor, John Went-
worth, Esq., communicated to the members of the Council and
the House of Assembly, then in session, the contents of a despatch
he had just received from the Right Honourable Henry Dundas,
Secretary of State for the Home Department. "The persons
exercising the supreme authority in France," — as the revolution-
ary leaders were styled in British official circles — had on February
1st declared war against His Majesty" of England. Of this fact
the King's subjects in Nova Scotia were to be informed as widely
as possible in order to prevent, on the one hand, "any mischief
they might otherwise suffer from the French," and on the other,
to "do their utmost in their several stations to distress and annoy"
the enemy. To prevent "the mischief" the governor was request-
ed to raise a provincial regiment, of which he should be colonel;
and, as an encouragement to "distress and annoy" the French,
the people of the province were to be informed that "letters of
marque or commissions of privateers "would be granted "in the
usual manner;" and that his majesty would consider the owners
of all armed ships and vessels as having a just claim to the king's
share of all French ships and property they might capture. Assum-
ing at the same time that human nature would lead to the adop-
tion by Frenchmen of similar expedients to "distress and annoy,"
the owners and captains of all homeward bound British merchant-
men were advised to sail only under convoy of a ship-of-war.
J
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 81
Such measures as were possible were at once taken. The pro-
vincial government directed a proclamation of war with France
to be made by the sheriff of each county, and a little later, appoint-
ed Friday, May 10th, to be observed as a day of fasting and prayer.
Recruits for the proposed regiment were sought in various parts
of the province, and the Hussar ship-of-war was on the 29th of
April sent out on a cruise in search of French shipping. In the
meantime the usually quiet Halifax harbor assumed a decidedly
warlike appearance through the arrival on April 30th of H. M.
S. Alligator, Capt. Wm. Affleck, from Portsmouth, with two
French privateers and two French West Indiamen — the cargoes
of the latter valued at ^40,000 — captured by the Alligator on
her passage out; and by the landing as prisoners of the several
captured crews.
Only one military expedition from Halifax was possible — for
the capture of the French islands of St. Pierre and Miquelon,
and as a result of the deliberations of lieutenant-governor Went-
worth and Brigadier-General James Ogilvie, commander of the
forces, preparations for the expedition were at once begun.
From a popular point of view, the "objective" seemed an
insignificant one, at least it might seem so today. The small
cluster of islands to be captured Hes off the southern coast of
Newfoundland, at the mouth of Fortune Bay, about thirteen
miles from the peninsula of Burin, the nearest point of New-
foundland. Great Miquelon, about twelve miles in length, is the
largest island in the group, and is now connected by a sand bar,
the scene of numerous wrecks, with Little Miquelon, or Langlade
Island, of nearly similar size. This double island, mainly a mass
of rock, having no harbor, is the home of several hundred inhabi-
tants, who Uve by fishing and the small amount of farming possible
under the circumstances. There are seven small islands,
Colombier and Isle aux Chiens being the principal, but all
the interest of the group may be said to centre in the unique
town of St. Pierre, situated on the east side of the island
of the same name. This bustling little seaport, over whose
harbor a large image of the Virgin placed on a rocky height
6
82 NOVA SCOTIA HISTORICAL SOCIETY.
keeps watch, contains about 5000 resident inhabitants to
whom an equally transient population is added during the fishing
season. Judge Prowse, in his "History of Newfoundland,"
describes it as being "like a bit of old France transported to the
New World, the creaking ox-cart, the click of the sabot on the
ill-constructed trottoir, the Breton, Basque, and apple-cheeked
Norman women, the patois, the French windows, the gay colors,
and, last of all, the fanfare of the bugle as the town-crier proclaims
at each corner of the streets and squares, after a preUminary
blast of the trumpet, that Mr. Solomon will sell some "bonnes
vaches h lait" at the Quai de la Ronciere punctually to-morrow
at ten o'clock, all these varied sights and scenes remind us of "La
Belle France." To this list of "sights and scenes," which to a
mere visitor give the place an indefinable charm, and make it
seem like a stage on which a medieval play is being enacted, the
Judge might have added the gendarme in his gorgeous attire;
the faggot-gatherers at dusk, as we see them in old pictures;
and the "tambour," giving the inhabitants each evening to
understand by the roll of his drum that it is ten o'clock, when
caf^s must be closed and lights must soon be put out. These, it
may be assumed, are in part traditions of their Norman homes,
to which they tenaciously cling.
The Bank fishery, of which St. Pierre is the French head-
quarters, provides France with an important part of her fish food
supply, amounting to 70,000,000 pounds, and giving employment
to more than five thousand fishermen. A few garden vegetables
are the only products of the land.i The town of St. Pierre is the
seat of goveyiment for the colony ; and the governor's residence,
court-house, hospital, and large chapel with convent and schools,
are the principal buildings. St. Pierre is also, at the present
time, the landing place of two transatlantic cables.
If, from a popular point of view, St. Pierre and Miquelon
may have seemed an insignificant object for attack, they were not
thus regarded by leading English and French statesmen. The
' The islands are governed by a governor and small staff appointed from Paris, and a
legislative council chosen by the people.
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 83
valuation of even a town-lot, depends not so much upon its size
as upon its location. On no piece of her territory abroad
of the same area, with perhaps the exception of Gibraltar, has
Britain expended a greater portion of her revenues than on the
Bermudas, a cluster of islands little, if at all, larger, than St.
Pierre and Miquelon, and this for the reason, as given by an old
writer, when speaking of their relation to the American coast,
that they constitute "a small bit with which to hold in check a
wild horse." France, regarding the St. Pierre group from this
point of view, and prizing them as a training place of hardy sea-
men for her navy and mercantile marine, and, perhaps most of
all, as an indispensable head-quarters for her banks fisheries,
has in more than one instance accepted them in lieu of much more
imposing domains, which the British Government, on the other
hand, knowing the embarrassment likely to arise in case of war
with France from their occupation by that power, and finding
even in early days what Canada and Newfoundland have exper-
ienced in recent years, how immensely the use of these French
islands as a resort for smugglers was diminishing the revenues of
the neighboring British colonies, made the successive cessions of
the islands to France under severe restrictions, and even then
failed to satisfy the demands of the English merchants, who
urged, but without success, that Britain should retain, unhampered
by any concessions what again and again she has won by force of
arms.
Sir Humphrey Gilbert took possession of Newfoundland in
1583. The French took possession of St. Pierre and Miquelon in
1662, when they seized Placentia and endeavoured to capture
Newfoundland: in 1713 the British compelled all the inhabitants,
as they did all the French in Newfoundland, to withdraw. After
fifty years of occupation by the British, they were ceded by the
treaty of Paris in 1763 to France as a port of refuge for her fisher-
men, on condition that no fortifications should be erected and
that not more than fifty French soldiers should at any one time
be stationed on the islands. Soon after the ratification of the
treaty of Paris a large number of French settlers arrived, among
84 NOVA SCOTIA HISTORICAL SOCIETY.
whom were not a few of the recently expatriated Acadian families. *
In 1778, when France had taken sides with the revolutionary
American colonies, Rear-Admiral Montagu, governor of Newfound-
land, without even a show of resistance captured the islands, and
in accordance with instructions from British destroyed all the
buildings and sent to France the 1932 fishermen and farmers
(the French say 1300) found there. At the close of the Revolution-
ary War, France having again taken possession of the islands,
most of the former inhabitants returned.
To this later repossession of St. Pierre by France English poli-
ticians and commercial men, wearied by a long and unsatisfactory
war, seem to have made only a slightly audible demur. It was
at the previous cession of St. Pierre and Miquelon, by the Treaty
of Paris, in 1763, that the intense feeling of inteUigent Britain on
the subject of their ownership found utterance. The fortunes
of the mother country have never been under the guidance of a
more imbecile government than that which, under Lord Bute,
the royal favorite, replaced, on the accession of George III, the
ministry of which the Earl of Chatham, the elder Pitt, had been
the vigorous and marvellously successful leader. A strong section
of Lord Bute's ministry was even in favor of restoring Canada to
France: that this was not done was mainly due to the vigorous
protests of the American colonies, through their able diplomatist,
Benjamin Franklin. France professed dissatisfaction with the
British ofifer of St. Pierre under certain restrictions, and sought
to secure Cape Breton, or Prince Edward Island, but at length
oflFered to accept Canseau. The earnest efforts of New England
and Nova Scotia, aiming to prevent a French foothold on the
American continent, again interfered with France and led the
Bute ministry to decline to hand over Canseau; but when the
British officials offered to throw in Miquelon, France accepted the
original offer of St. Pierre, although bound by that offer, as before,
to desist from any fortification of the islands, to station on them
not more than fifty soldiers at any one time, and now also to permit
an English commissary to reside at St. Pierre, and the commander
' Gov- Palliser wrote to Lieut. -Gov. Francklin of N. S-. Oct. 1766, "Miquelon is full of
Acadiaus, who have come there with passes from difft. officers in your govt- " — Prowse,
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 85
of the British warship on the Newfoundland station to visit the
islands to see that the specified conditions were being complied
with.
Against this concession, guarded as it was, and the concession
of certain privileges of fishing and curing fish on certain sections
of the Newfoundland coast, the whole commercial interest of
Britain raised an outcry. It was well-known that the French
banks fisheries owed in a very large measure their value to the
French occupation of St. Pierre and Miquelon as head-quarters:
English merchants knew that the commerce of England had
suffered very much from the French navy and the privateers of
Dunkirk, that the fisheries were not only a great source of wealth
to their enemy, but the chief nursery for her seamen; on strong
national as well as on commercial grounds they therefore
opposed any concession. The Common Council of London, as
representing the whole mercantile interest of Great Britain,
transmitted to the House of Commons peremptory instructions
to the city members. The Newfoundland fishery, it was said,
was worth more than all Canada. They declared that the sole
and exclusive right of fishing in the American seas should be
reserved to the subjects of the British ''crown; a cairn by no
means so extravagant as at first sight it appears, when one re-
members that France had then ceased to be the owner of a single
foot of territory on the continent of North America, north at
least of Louisiana. "All the ablest and most patriotic English-
men of the day were opposed to the fishery clauses of the treaty:
the pamphlets and periodicals of the time are full of denunciations
of Bute for this and other measures included in the treaty. The
scurrilous Wilkes and the unscrupulous Churchill abused and
caricatured the authors of the treaty in every mood and tense of
objurgation."! In the House of Commons, where Lord Bute
carried the treaty through by a great majority, he was openly
charged with bribery, and ^300,000 named as the sum received
by him from France; and Lord Chatham, who said that he had to
be allowed to be seated while speaking, denounced in one of his
' "History of Newfoundland," by D. W- Prowse, pp. 312. 313.
86 NOVA SCOTIA HISTORICAL SOCIETY.
most magnificent speeches, the infamous treaty. It will
perhaps be remembered that Junius, in his celebrated letter
to the Duke of Bedford, one of Bute's colleagues, and
British commissioner in the negotiations which resulted in the
treaty, does not scruple to charge the duke with bribery. After
having enumerated the several points jdelded to their antagonists,
France and Spain, both of which through the vigorous war meas-
ures of the Chatham ministry had become clamorous for peace,
and having named the Newfoundland fishery among these, the
great satirist goes on to speak of them as "glorious monuments
of your Grace's talents for negotiation. My Lord, we are too
well acquainted with your pecuniary character to think it possible
that so many public sacrifices should have been made without
some private compensation. Your conduct carries with it an
internal evidence beyond all the legal proofs of a court of justice. "
And at the present day, when the recent strained relations between
Britain and France have been prevented from reaching an acute
stage through repeated extensions of the modus vivendi, at serious
cost to Newfoundland, there seems much to justify the language
of Lord Chatham, when, in the course of his great philippic against
Lord Bute, he declared that England's exclusive right to the
Newfoundland fisheries, and to the possession of St. Pierre and
Miquelon was an object worthy to be contested by the extremity
of war, and not to be surrendered though the enemy was master
of the Tower of London. When such was the conviction of
England's greatest statesman, it is not strange that some feeling of
unrest through the presence of France in these islands should have
continued to haunt the mind of lesser men placed at the helm of
state at home, or of subordinates abroad, i
'An instance illustrative of this unrest may be found in the records of the Council
of Cape Breton, from which we learn that late in the autumn of 1787, the Lieutenant-
Governor, Col. William Macormick, sent Captain James Graham to St. Pierre and
Miquelon, in accordance with instructions from Lord Sydney, to watch the ijroceedings
of the French and observe the nature of their fortifications ; and that Captain Graham,
through the severity of the weather, was detained there throughout the winter.
HAUFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 87
The attack on St. Pierre and Miquelon, planned by Gov.
Wentworth and Brigadier-General Ogilvie, in 1793, proved an
easily successful afiFair. It was ascertained that in December,
1792, there were in garrison only thirty, or thirty-five men, most
of whom were frequently in the fishing boats, and that of the
eight twenty-six pounders in the islands only three were mounted,
the others lying on the shore. A French 74-gun ship was said
also to have been in the harbor, but it was reported later that,
having been injured by being on the rocks, she had sailed for Bos-
ton for repairs. With no further information, a frigate and several
armed vessels and transports, some of the seamen for which
had been seized in town by the press-gang, and on board of which
was a detachment of Royal Artillery, with a part of the 4th Regi-
ment, sailed on the eighth of May from Halifax. Captain Meagher,
of Musquodoboit, went as pilot, and, for greater safety, John
Lee, Esq., of Main-a-Dieu, C. B., a former privateer's man, it is
believed, was directed to board the fleet off Scaterie Island, a
special flag by which his boat was to be known having been
forwarded to him.
The people of St. Pierre, meanwhile, were undisturbed by any
knowledge of danger. They had been engaged, in somewhat
childish fashion, in playing at republicanism. The outer edge
of the wave of the French Revolution had early touched the
distant colony, and the officials, though appointed under the
Royalist regime, had been so far affected by it as to adopt Repub-
lican terms for their travesties of deliberative assemblies, which
were sometimes held in the church at St. Pierre, even the prefect
apostolic seeming to have accepted the French idea of "equality. "
Chateaubriand, the celebrated French traveller, who visited the
group in 1790 and was pleasantly entertained by the governor,
says in a brief description: "The new French flag floated over our
heads." All did not, however, move serenely in the Commune
de Saint Pierre et Miquelon, as Republican rulers termed the islands.
The cure, of Miquelon refused to swear allegiance, and with
a large part of his flock, among whom must have been some
Acadian exiles removed to the Magdalen Islands, under British
88 NOVA SCOTIA HISTORICAL SOCIETY.
rule. Some others, about the same time or a little later, among
whom were also Acadians, found their way to Arichat and the
adjacent parts of Cape Breton. Republican influence then tri-
umphed. A large spruce tree was transplanted from the opposite
shore of Newfoundland, and on April 8, 1793, solemnly planted as.
a "tree of Liberty" in the square of St. Pierre, with all the pomp
and circumstance which French ingenuity under such limitations
could devise.
But little time was allowed the "tree of liberty" to obtain a
root-hold among the rocks of St. Pierre. On the 5th of May, less
than a month from its planting, boats from Newfoundland car-
ried tidings to the liberty-intoxicated citizens that war had been
declared between France and Great Britain. On the 7th and 9th
of May, there were sittings of the Assembly of the Commune, at
which a Committee of Defence was appointed to mount and
plant the cannon and collect the provisions, the stock of which
was becoming inconveniently small. Four days later, on
the 13th, the ships from Halifax, arrived off St. Pierre, and on the
next day landed the troops on the back of the island. Thence
the 4th regiment, under Gen. Ogilvie, marched across the island
to the town of St. Pierre, while the fleet, enlarged by the force
under vice-admiral King, governor of Newfoundland, and consist-
ing of two ships-of-the-line, three frigates and four other vessels
sailed around and into the harbor. The authorities of the colony
asked for terms of capitulation, but, finding their request useless,
surrendered the place without having fired a single gun. The
French officials and few soldiers, with the 1502 other inhabitants,
most of whom were fishermen, were held as prisoners, and con-
siderable quantities of fish and flour were captured. On the part
of the captors the best possible order was preserved, no charge of
any kind being preferred against them.
The sequel to this speedy and bloodless capture was slow and
trying. It was so to the authorities in Nova Scotia, to whom the
British government, holding themselves responsible for the ex-
pense of transportation, entrusted the management of the re-
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 89
moval of all the inhabitants from the islands. Much more trying
must it have been to the unfortunate Frenchmen, especially
to the elder members of the old Acadian families. These Acadians,
who had gone to St. Pierre and Miquelon nearly thirty years
before, accustomed to the most fertile spots of Nova Scotia,
had soon become dissatisfied with their rocky retreat, and had
requested removal to France : there they had grown restive under
the grinding tyranny and oppression pervading in France under
L/Ouis XV., and thence were glad to recross the ocean to the rocky
islands they had left. Such were now destined to be deported for
the fourth time from their homes, in ignorance as to the spot
which was to furnish a rest for their weary feet, if indeed such a
spot were to be found short of the grave.
For this wholesale removal of the French inhabitants the
English authorities were wholly responsible. In a despatch
from Mr. Dundas, dated Oct. 8, 1793, that gentleman wrote to
Mr. Wentworth: "If no opportunity has presented itself for send-
ing to Europe the prisoners from St. Pierre and Miquelon now
at Halifax, you will lose no time in taking up vessels on the
most economic terms without regard to their particular size or
burthen, for the conveyance of these prisoners to Mr. Dobree,
agent for the prisoners at Guernsey, who will receive instructions
concerning them." These prisoners had then been in Halifax
for several months. General Ogilvie, on his arrival on Thursday,
June 20, from St. Pierre, with H. M. S. Alligator and five trans-
ports, had been accompanied by M. Danseville, for several years
governor of the colony, as a prisoner of war, and by more than
five hundred other prisoners. M. Danseville, on parole, ha^
been permitted comparative freedom, in expectation of the ar-
rival of the others. Governor Wentworth had engaged the
fishery buildings and residence at Melville Island, in what he called
the North West River, at a rental of sixty pounds per year, and
had fitted up the whole with berths; but General Ogilvie, dis-
satisfied with this arrangement, on landing them on the Sik day
following sent them to the ComwalHs Barracks. ^
' Mr. Harry Piers, an authority on the military history of Halifax, informs me
that "Comwallis' Fort was situated at the eastern end of the present Artillery Park,
aearly opposite the High School. A barracks was within the fort, and the building
probably remained long after the fort itself disapijeared . "
90 NOVA SCOTIA HISTORICAI^ SOCIETY.
The presence of these and other French prisoners in the town
during the summer and winter of 1793 was greatly to the governor's
discomfort, and not wholly without reason. With rumors of
French warships hovering around the coast or preparing to sail
from United States harbours for the destruction of Halifax,
a measure our fathers' republican neighbors were neither slow
to suggest nor encourage, and in the absence of the three regi-
ments of Imperial troops by which HaUfax was then usually
protected, the presence among the prisoners from St. Pierre,
whom Mr. Wentworth represents as being "violent democrats
to a man" of the captured crews of French warships and merchant-
men, afforded some just cause for anxiety. In one of his not
wholly unaccountable nervous fits, he wrote to Gen. Ogilvie
from "Friar Lawrence's Cell, Aug. 2, 1793," in reference to a
"project said to be entertained by the French prisoners from St.
Pierre to act hostilely and set fire to the town should the French
fleet then at New York attack HaUfax."
The conduct of the captured commandant, or governor, M.
Danseville, seems through this and subsequent years to have
given no cause for complaint. His attack of republicanism
at St. Pierre must have been slight. When forwarding a memorial
from him to the Duke of Portland in December, 1794, Gov.
Wentworth informs that official that he "behaves discreetly,
and professes to be a Royalist, in the view of Mr. Wentworth,
who was terribly afraid of "democracy", and perhaps with good
reason after his New Hampshire experiences, a most precious
quality. This easy-going French gentleman, of whom Chateau-
briand, in his description of his visit to the French Islands in 1790,
writes as "an officer full of politeness and friendly zeal," appears
to have quietly settled down to his fate, which was not an al-
together unkindly one. Liberty to move about town was permit-
ted him, and for a number of years he resided at Dartmouth
on the place known as Brook House, about two miles out of the
town. In St. Pierre, he pointed out to Chateaubriand with
some pride the spot he called his garden. At Brook House, he is
said to have built a fish-pond and laid out walks among the beech
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 91
and white birch groves near the house, most of which have disap-
peared. A pension from the British government, amounting in
1803, to nearly $850 per annum, was continued until the peace of
1814, when he returned to France, a zealous royalist. Similarly
guarded, we believe was the conduct of Gov. Danseville's secretary,
I/)uis de Mizanzeau, brought at the same time a prisoner to
Halifax. His home at the Eastern Passage, where he married
a farmer's daughter, and where a good many years later he died,
was, during the earlier years of the last century, a temporary
home for a number of young men of Halifax, who availed them-
selves of his services aji an excellent teacher of the French lan-
guage.
During the winter of 1793, the other inhabitants of St. Pierre,
in number approaching a thousand, remained on the islands,
awaiting their disposal by the English government. The cap-
tured colony was in the meantime placed in charge of Major
Thome, with the head-quarters and several companies of the
4th Regiment, whose presence for a year, if one may judge from
a humorous account of a dinner-party given by the ofl&cer in
charge, and described by Aaron Thomas, Purser of H. M. Frigate
Boston, at St. Pierre in July, 1794, made the little French town,
occasionally at least, the scene of some affairs more convivial
than creditable.
Correspondence during the winter of 1793, between Mr.
Dundas and Mr. Wentworth, whom Mr. Dundas requested to
confer with the commander-in-chief and other leading officials,
led to a decision to remove at once all the remaining inhabitants
from the islands. "His Majesty's commands," Mr. Wentworth
wrote on April 21, 1794, to the Governor-General, lyord Dor-
chester, "having been signified to me for the total removal of
the French from the islands of St. Pierre and Miquelon, I shall
lose no time in executing their instructions." Some modification
of the original plan took place, however, and Gen. Ogilvie's
original proposition that the St. Pierre folk should be settled in
certain parts of Nova Scotia so far prevailed that a number of
families, on the expression of a wish to that effect, were to be
92 NOVA SCOTIA HISTORICAL, SOCIETY.
brought to the province. Some others, deemed unsafe as settlers
from a political point of view, were to be furnished with provisions
for a short time and allowed to leave in their own shallops for any
place they might choose beyond the king's dominions, to be
counted as so many exchanged prisoners. The remaining prison-
ers, declared "democrats," were to be conveyed across the ocean
to Guernsey, it being intended that "not one resident" should
remain on the islands, which Mr. Dundas informed Governor
Wentworth were to be thereafter "occupied solely as temporary
fishing-posts attached to His Majesty's government of Newfound-
land."
The shipment of the "democrats" to Guernsey began in
earnest in the early summer of 1794. A number of vessels were
employed in transporting prisoners and stores between Halifax and
Guernsey, via St. Pierre, and between St. Pierre and Guern-
sey, direct. On May 26, the Ellegoode, a fine New Brunswick
ship, owned by Messrs. Thompson and Reed of St. John, sailed
from Halifax for Guernsey, with 223 prisoners on board, under
convoy of H. M. S. Daedalus, the prisoners to be held for exchange:
170 others were to be sent off a few days later by the ship Lttcy.
Through successive despatch of vessels, there remained at St.
Pierre on the first of July only 354 persons, who, with the excep-
tion of any individual or families whom the authorities might
deem it safe to settle in Nova Scotia, were to be at once sent
across the ocean in vessels to arrive from Halifax. As the ves-
sels sent were insufficient to convey all the prisoners awaiting
them, on account of the liberal space allowed them for the re-
moval of personal property, the brig Mary sailed from Halifax
on the 24th of August, to take on board for Guernsey the remaining
inhabitants. When these had sailed, and the head-quarters
and several companies of the 4th Regiment had returned to the-
mainland, the intention of the captors was fully carried out,
and "not one resident" remained on the islands. The desolation
was rendered complete, not by English but by French handsi
when in October, 1796, Admiral Richery, with the French fleet,
after having destroyed several English settlements on the New-
HAUFAX AND THE CAPTURE OP ST PIERRE IN 1793. 93
foundland coast, spent three days at St. Pierre, and, before his
departure, burned all the buildings remaining in the settlement.
The treatment of their prisoners by the British in Halifax,
was not at all after the pattern set them by the French, at whose
hands, as a rule, a sad experience awaited the captains and crews
of Nova Scotia vessels, whom the fortune of war threw into prisons
in France, or the French West Indies. A protest from the French
prisoners at Halifax respecting their treatment, forwarded to
M. la Forest, French consul at Philadelphia, and by that gentle-
man presented to Phineas Bond, Esq., the British minister at
Philadelphia, called forth from Lieut. Gov. Wentworth, in a
communication to Mr. Bond, dated at Halifax, Sept. 24, 1794,
some interesting statements: "As to the prisoners brought here
immediately on the capture of the islands, they were lodged
in the barracks now occupied by my regiment, furnished with
the same provisions and fuel as the garrison, which were uncom-
monly good. They had bedding and clothing given them, and
such was the abundance of the former that they sold upwards
of forty barrels of choice pork to one shopkeeper, and daily sold
bread at their barrack gate to our inhabitants, who frequently
resorted there to buy of the best quality. They were also per-
mitted to go out of their barracks, and to work in the town and
country as they pleased. And so much benefited were they by
the sale of their surplus provisions and by their labor that every
man, on embarkation for Guernsey, had money, from five to fifty
dollars, which they carried with them, and were also well clothed.
Not an article — not one shilling — was withheld on any pretence.
Every family and person had means furnished to carry ofif all
their baggage free of inspection, though a great part of it was by
no means worth the freight. Those that are gone and those that
are here are by far more eligibly circumstanced than our British
inhabitants. "
In reference to those who had been left for a year on the
islands, awaiting the action of the British Government, Mr.
Wentworth states: "The proclamation issued by Major Gen.
Ogilvie and Captain Affleck to the prisoners at St. Pierre has been
94 NOVA SCOTIA HISTORICAI. SOCIETY.
fully complied with. Those that remained on the islands had the
same provisions as the British officers and soldiers. Fuel being
scarce, the proportion of both British and French was of necessity
less Uberal, but not distressful. No injury or molestation was
offered to them. When the evacuation of the Islands was directed,
I studied every means to effect the business, in itself painful to
the inhabitants, who were peculiarly attached to those rocks,
with as much convenience to them as the nature of the case
admitted."
The fact that so large a number of persons were safely carried
across the ocean at a period when the limited emigration from the
old world to the new was attended by no small percentage of loss
of life, speaks well for the care exercised in the selection of ship-
ping, and for the quantity and quality of the stores provided
for the passage. One voyage only is known to have ended at all
unfortunately, and that for the captain and crew and owners of
the vessel, and not for the prisoners. Particulars of this affair
are given in the Royal Gazette and Nova Scotia Advertiser of Feb-
ruary 17th, 1795, in a letter dated St. Malo, France, September
20th, 1794, from Captain Getshews, of Halifax, whose vessel,
unnamed by him, was probably the brig Union, one of the vessels
chartered by the Nova Scotia government for the transport of
prisoners. Captain Getshews had sailed from St. Pierre on the
12th of August for Guernsey, evidently without a sufficiently
strong guard. On the passage across, some French soldiers
avowed an intention of taking the vessel out of his hands, but con-
fident that he would find an English warship to act as convoy in
the English Channel he paid little attention to their remarks.
In the Channel, no friendly warship appeared, and the soldiers
proceeded with their purpose. On September 5th, he was only
four leagues from Guernsey. At midnight on the 6th, he hauled
up for his port, which he should have reached by daybreak, but
at that moment, the French soldiers and sailors among the prison-
ers demanded that he should take them into St. Malo. Argument
was out of the question, and the prisoners took command of the
ship. On Sunday, the 7th, the captain was within a mile of Guem-
HAIvlPAX AND THE CAPTURE OP ST. PIERRE IN 1793. 95
sey, but the next day he vras carried into St. Malo. His passen-
gers endeavored to secure his freedom on parole, but without
success: he was detained in prison, where his prisoner passengers
sometimes visited him. Among eleven other British captains
in the same awkward pUght at St. Malo, he found Captain Joseph
Bagley, of the ship Lord Dorchester, who had previously sailed
from Halifax with French prisoners under his charge. The jailer
and his wife were kind, but as to allowances, the captains had room
for envy towards the French prisoners at Halifax. They had each
one and a half pounds of flour, half a pound of meat daily, and
thirteen pence sterhng in cash paid every four days. "On this,"
wrote Captain Getshews, "we might very well subsist, but that
things are so enormously high, bread not to be bought, butter
two and sixpence a pound, sugar four shilUngs, soap fifteen
shillings, and other things in proportion." Such allowances were
for the captains only, the provision for the crews, it is to be feared,
was far inferior. A somewhat similar scheme had been nipped in
the bud during the preceding spring. In writing to England,
March 25th, 1794, respecting the difficulty of procuring proper
ships, Mr. Wentworth says: "I was in treaty for one brig to take
one hundred of them (to Guernsey) but found the prisoners had
resolved to rise and carry the vessel to the Chesapeake, and there
enter themselves upon the French fleet. As it was impracticable
to strengthen the vessel to resist these views without an enormous
expense, I deferred shipping them off until some proper vessel
could be had, for which I have all the provisions and necessaries
provided in readiness to embark them on an hour's warning."
A somewhat difficult question was the disposal of those prison-
ers at St. Pierre and Miquelon whose less pronounced democratic
tendencies secured for them permission to settle in Nova Scotia.
Closely allied with these in sentiment were a large number of
families. Mr. Wentworth estimates them at one hundred and
fifty — ^who, previous to the outbreak of hostilities, had withdrawn
from St. Pierre and the Magdalen Islands to Arichat and other
parts of Cape Breton and of the Nova Scotia coast, and, though
not heartily welcomed by the British authorities, had located
96 NOVA SCOTIA HISTORICAL SOCIETY.
there and engaged in the provincial fisheries. Both those who
had left the French islands before the actual commencement of
war, and those who remained on them to become prisoners of a
less dangerous character than those transported to Guernsey,
were animated by the one hope that history would repeat itself,
and that the rocky islands to which they were so deeply attached
might again become a home for them under French control.
Two plans therefore suggested themselves to the British author-
ities— the one to settle the prisoners to be brought from St. Pierre
on sections of the Nova Scotia coast somewhat distant from
Acadian settlement and yet favorable to their fishery business — the
second to bring into Nova Scotia the emigrants to Cape Breton
from St. Pierre and Miquelon, some of whom it was believed were
endeavoring assiduously and too successfully to poison the minds
of the Acadians of Cape Breton, who, previous to the arrival of
these emigrants, had been quiet and well affected.
In putting the first plan into execution Mr. Wentworth looked
toward the southern coast of the province. The wish of a certain
section of the St. Pierre people remaining on the islands in the
spring of 1794 to remain in Nova Scotia or Cape Breton had been
cautiously communicated to him and he had consented as a
favor to aid them. A part of them were brought to Halifax.
On the arrival of the transports at St. Pierre, they had made a
sufficient show of opposition to preserve them from the resent-
ment of the more violent of their countrymen, and on their arrival
at Halifax they "practised the same policy" till the prisoners for
Guernsey had all sailed. Then, however, a part of the number —
about 140 in all — having become assured that their favorite islands
were to be entirely depopulated, and not permanently inhabited
by French or English, repented of their choice, and were sent to
Guernsey, though their passage and other expenses to Halifax
had been paid by the government. Some others, who had come
from St. Pierre in shallops, given them at St. Pierre, after the
capture of the place, and had brought their personal effects with
them, intending to remain in Nova Scotia, becoming dissatisfied,
were afforded three weeks* provisions and allowed to proceed
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 97
with their vessels and property out of the king's dominions —
that was, of course, to the United States, for not a few, though
most kindly treated by the inhabitants, had deserted into the
interior of the province to avoid being compelled to go to France.
Two or more vessels were chartered to sail with families
direct from St. Pierre to the Southern coast, in the early summer
of 1794 — the armed snow. Earl of Moira, for Shelburne, and the
brig Princess Amelia, for Liverpool. To Edward Brinley, Esq.,
Collector at Shelburne, Mr. Wentworth wrote in June 1794, con-
cerning those intended for that place: "When they arrive I shall
be obliged if you will put them into houses without delaying the
vessels. The men are to be allowed seven pence sterling per
diem, women half, and children one quarter of that sum, to be
paid them in cash the first Saturday in each month, without any
deduction. The house rent of thirty shilUngs per family per
annum is also to be paid by government: with these allowances
and their own labour they are to maintain themselves. Where
there are single women and children, you will contrive to class them
into families, with such consideration as will make their money
of the best use to them, and render them most comfortable. If
you take up money at Shelburne and draw on me at four days
sight to prevent casualties it will be best; if not, I will forward you
cash from hence. You will keep a regular muster roll of persons
and payments and vouchers. It will be but best to muster them
once a month before two magistrates, and let them declare hav-
ing received their respective payments. I think they will be
very itseful people and good subjects. If they deviate, I shall
send them out of the province. It will therefore be prudent to
watch their conduct."
Some additional particulars relative to the settlement of these
exiles are gathered from a letter written by Mr. Wentworth, a
month earlier, to John Thomas, Esq., Collector at Liverpool, re-
questing him through conference with Simeon Perkins, Custos,
and other magistrates, respecting the number of French families
which might be settled at Liverpool, Port Mouton, and Port
Medway, "You will locate the families, " he wrote Mr. Thomas,
7
98 NOVA SCOTIA HISTORICAL SOCIETY.
"on any ungranted or forfeitable lands in the afore-mentioned
harbors, so as to accommodate their fishing in small open boats.
Each family to have not less than five or more than ten acres of
land, unless any should prefer to act as farmers: in that case a
family of six persons to have one hundred acres. Each family
to have the option of hiring a house (cottages were to be built by
government), at thirty shillings sterling for one year, afterwards
to provide for themselves or to build their own cottages on their
own land, not less than 16 x 20 feet, for which I will allow five
guineas to the father of the family consisting of six persons. "
Aid has also to be given in enabling the settlers to procure materials.
Five fishing boats were also to be provided, with oars and all
appliances, not to exceed in cost three pounds currency each.
"I rely greatly," Mr. Wentworth added, "upon the friendly con-
currence of the magistrates and benevolent inhabitants of your
district toward rendering these measures useful to the province
and to the poor people who are the immediate object of them.
In the course of human events it has become necessary that they
should be dispossessed of their country and habitations for our
safety and benefit: let us therefore exercise Christian kindness
towards alleviating their affliction and establishing them in the
comfortable occupation of industry among us."
In the other scheme — the removal of the St. Pierre emigrants
from Cape Breton — Lieut. Governor Macormick of that island
was equally interested with Lieut. Governor Wentworth. A
belief that the Acadians were being tampered with made them
desirous of its early accomplishment. Instructed by the Secretary
of State, Mr. Wentworth promised Mr. Macormick in January,
1794, to send an armed schooner in the spring, to bring away
such as would voluntarily become good subjects and settle in
Nova Scotia. Any declining to do this were to be sent immediately
to Guernsey, to remain there until exchanged as prisoners. Hav-
ing been informed of their position, the unfortunate emigrants
pleaded to be allowed to remain as they were in Cape Breton until
the autumn, and to their entreaties Mr. Wentworth, who through-
out this trying business, leaned as far as possible in the direction
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 99
of mercy, gave a favorable response. He was the more ready to
listen, since in consequence of the warning, they had been more
discreet and had taken and subscribed the oath of allegiance to the
King of Great Britain. Rendered timid, however, by the diffi-
culties which in the past had arisen from the varied interpreta-
tion of a similar oath by the Acadians, he resolved that any
permission to remain in the province or any assignment of lo-
cation should be preceded on their part by a further oath involving
not only fideUty to His Majesty's government, but "utter renun-
ciation of all conventional democratic authority now exercised
in France." "I propose it shall be done in my presence" he
wrote, "with such circumstances of notarial solemnity as shall
forever exclude them from any reunion or connection with the
democracy, as well as thereby effectually to ascertain to them
that they cannot escape the severest punishment of the law when-
ever merited by disobedience or deviation from rectitude."
In October, 1794, the time allowed for residence in Cape Bre-
ton having expired, John Ross, previously commissary at St.
Pierre, was instructed by Lieut. Governor Wentworth, to proceed
as an agent of the Provincial government, to Arichat in the
shallop Mary and take measures to remove with all expedition,
all the French folk who had recently arrived there from St. Pierre
and Miquelon. The King of Great Britain had been graciously
pleased, so they were to be informed, to grant them an asylum
in Nova Scotia, within any of its harbors. For their immediate
subsistence, flour and beef were sent, to be distributed to them
on departure. Muskets and powder were to be also given them,
and an allowance of cash made until further orders. Failure in
compliance with the proffered arrangement was to be followed not
only by the loss of the bounty, but by removal from the British
dominions.
At the close of 1794, the Lieutenant-Governor reviewed the
work of the year with a certain measure of satisfaction. In a
letter to the Duke of Newcastle, dated HaUfax, December 21st,
he wrote: "The evacuation of St. Pierre and Miquelon and the
removal of all the inhabitants that emigrated from these islands
100 NOVA SCOTIA HISTORICAL SOCIETY.
to Cape Breton, St. John, etc., to the different coasts of Nova
Scotia, and their support conformable to my former representa-
tion on that subject, is conducted with the strictest care and
economy ; and will be of very great and permanent advantage
to the public good. These people are located in the different
harbors where fisheries are carried on, in every part of which
business they are more skilful and industrious than the British
fishermen. They are also sober and industrious, quiet and orderly,
and have taken such engagements that they dare not be unfaith-
ful to his Majesty's government, which I am persuaded they
gladly adhere to, as many of them were Acadian families formerly
driven from and now rejoicing to be restored to this province under
the protection of government, which they gratefully acknowledge.
They will introduce a better mode of curing fish, which will en-
hance its value and credit in all foreign markets, and it may be
further reasonably expected that the produce of their labours
from the seas will in two years exceed the whole cost of the evac-
uation of these islands and settlement of these people in the pro-
vince; the expense of which will after this quarter be exceed-
ingly diminished, and in the course of next summer almost al-
together cease, if not entirely."
For some time, however, the presence of a number of the •
French from the captured islands perplexed the worthy
governor. At Halifax and other parts of the Province, their
aid as laborers was highly appreciated, and their quiet and
steady conduct won for them the favorable regard of
their English neighbors, by whose remuneration for their
labor, in addition to their allowances, they were placed in
a position of comparative comfort. In writing respecting
some French Royalist emigrants, who were likely to arrive in
Nova Scotia early in 1796, Sir John Wentworth — then recently
raised to the dignity of a baronet of Great Britain — remarked:
"If they can be made as useful as those that are with us from
Miquelon, they will be a treasure to the country worth purchasing, ''
And when it seemed probable that they would leave the country,
Sir John wrote to the Duke of Portland, that "their removal from
HALIFAX AND THE CAPTURE OP ST. PIERRE IN 1793. 101
hence will be much regretted, as they afforded great assistance
and improvement to the fisheries, and are exceedingly useful in
fitting out vessels for the merchants at the time when the laborers,
particularly of this description, are not to be found. "
They were, for a time, contented and had no wish to remove
to France, and, in fact, some removed secretly into the interior
of the province, and gentlemen whom the governor had admitted
to parole had deserted to the United States to escape removal to
France; but emissaries abroad had found means to communicate
with them and captured French naval officers and others from
the men-of-war La Raison and Prevoyante, brought in as prizes
in May, 1795, had succeeded in poisoning their minds. Aware of
the influences at work, Sir John in the autumn wrote to Captain
Lyman, commissary of naval prisoners at Halifax, calling attention
to the mischief being done, and adding: "From these unworthy
people, in my opinion, there is much more to be reasonably
apprehended. I therefore request that you will forthwith cause
every Frenchman, of all and every sort and description under
your care to be removed out of this town into a place of confine-
ment and security, and that none of them are henceforth permit-
ted to be at large on any pretence whatsoever within this pro-
vince, which hath been too much suffered, contrary to my re-
peated directions." Soon after the beginning of the war, Mr.
Wentworth had instructed Joseph Peters, Esq., postmaster at
Halifax, to "send all letters addressed to Frenchmen and de-
liverable" in Halifax, to be forwarded to him for inspection.
The authorities were relieved from the presence of the French
naval officers and seamen by the sailing of a cartel on the 10th
of November, 1795. On the following day. Sir John wrote to the
British minister at Philadelphia, Mr. Bond: "The officers of
La Raison and Pr^voyante behaved most unworthily, void of
truth or common decorum, perverting the laxity and liberality
exercised toward them, which did not confine, even scarcely
limit their freedom, into means of insidious attempts to alienate
the peaceable manners of others. " The results of such attempt
did not at once appear, and Sir John wrote on April 21st, 1796:
102 NOVA SCOTIA HISTORIC AI. SOCIETY.
"It has, however, been necessary to offer an increased aid during
the pressure (of a very cold winter) to the French emigrant
prisoners from Miquelon to preserve them from suffering. Their
industry, sobriety, and regular, decent deportment fully justi-
fying their relief, which will not exceed the expense of naval
prisoners here, with the difference that the public are much
benefited by the labor and skill of these in our most essential
branches, while it is necessary to keep the naval prisoners in con-
finement and a guard over them." Three months later, Sir John
had become convinced that the emigrant prisoners must go.
On July 23rd, 1796, he wrote the Duke of Portland that, "the
French inhabitants from Miquelon, alarmed by continual denun-
ciations, and fearing the cruellest punishments should they here-
after fall into the hands of their own countrymen, have requested
to return to France in a cartel ship expected here in the course of
next month to carry naval prisoners, which I have consented to,
as their usefulness can no longer be relied on and their passage
is to be provided by the French consul at Philadelphia." This
cartel having been cast away on the Nova Scotia coast, another —
the ship Washington — did not arrive until June 13th, 1797,
when the French prisoners — among them, it is probable, the
last of the Miquelon folk, left for France.
Against these exiles no act of injury was, so far as is known,
recorded during their detention in Halifax or elsewhere in the
province. Quite as much cannot be said of all their fellow-exiles
who were allowed to go to the United States, as a French privateer,
fitted out in New York, and manned by former inhabitants of
St. Pierre, did considerable damage to Nova Scotia shipping in
1795.
It was fortunate that throughout this war between Great
Britain and France, the loyalty of the Acadian French previously
settled in Nova Scotia proved as satisfactory as it did. The quiet
and permanent residence enjoyed by them, in marked contrast
with the unrest experienced by those of the same race who
had sought to make homes in the French islands, must have
convinced them of the value of British rule. The evidences of
HALIFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 103
this conviction gave Lieutenant-Governor Wentworth great
satisfaction. When in 1793, in the absence of a large part of the
regular forces, and the danger of an attack by the French fleet,
more than a thousand young men from the militia regiments of
Hants, King's and AnnapoHs counties had marched into Halifax,
in response to the governor's summons, and remained in garrison
for four weeks, when they were dismissed by the same authority.
Wentworth reported to Mr. Dundas their unexceptionable
behaviour, and called special attention to a company from Gran-
ville which had marched the 135 miles between Granville and
Halifax in thirty-five hours, and to another company, consisting
of 75 young Acadians, who had come near two hundred miles,
"zealous and gratified to unite with the English colonists."
Nearly three years later, Sir John, when forwarding a memorial
to England asking for the appointment of a priest* among the
Acadians, had seen no reason to think unfavorably of them.
"Some worthy French refugee clergymen," he wrote on May 21st,
1796, might be "of great service in establishing the loyal and
virtuous habits that prevail among that people. They now,"
he added, "consider themselves wholly British subjects, as you'll
see by their memorial, instead of neutrals ready to embrace any
change of government, which was their former disposition. It
is no small comfort to me that the change has taken place during
my administration, and that they are now among the most faith-
ful and happy subjects of his majesty."
And yet, and yet, after having again and again captured these
islands, and twice, at immense cost, transported all the inhabi-
tants across the waters, England, under previous conditions,
handed these islands back to France. She did this at the peace
of Amiens in 1802; then, on the resumption of war in the following
year took possession of them again; and on the termination of
the long war by the treaty of Paris in 1814, restored them to
*It was in response to this appeal that the Abb6 Sigogne, a French priest
36 years old and previously a teacher of languages near London, came to
Nova Scotia, landing at Halifax in June, 1799. A few days later, after he took
the oath of allegiance, he arrived at Eel Brook in a fishing boat to com-
mence a long and useful service among the Acadians of western Nova Scotia.
104 NOVA SCOTIA HISTORICAL SOCIETY.
France. In June, 1816, the surviving French colonists returned
to their former home, one hundred and fifty old families, num-
bering 645 persons, having been conveyed thither in two French
frigates, to re-populate St. Pierre. To these history repeated
itself indeed, as they, years before had hoped, though the fulfil-
ment was long on the way. Among them, it cannot be doubted,
were numerous descendants of Acadians, who in 1755, had been
exiled from Nova Scotia, or, somewhat later, from Cape Breton.
In the same year, 1816, 4600 fishermen sailed from St. Malo to
engage in the Bank fisheries, having St. Pierre as their season's
headquarters. These fisheries and those on the French shore,
so-called, France has continued to sustain by enormous bounties.
A vacillating policy is ever a costly policy. I have heard it said
in Bermuda that the expenditure in that colony, on military
roads commenced and abandoned by successive military officers
would have paved a road from end to end of the colony with
British gold. The world well knows by this time that the only
possible justification for any pro-Boer sentiment in reference to
the South African war must be based upon the contradictory
policy of British statesmen previous to, as well as subsequent to,
the Majuba Hill massacre. A sinilar policy on the part of British
statesmen in reference to the French shore question and the
possession of the French islands may possibly involve peril to
the peace of Europe if not to the world.
I have bracketed these two subjects — the rights of the French
to the use of a certain section of the Newfoundland coast, for
it cannot be denied that they have by treaty certain concurrent
rights — and the possession of St. Pierre by the French, not because
they are inclusive — they are thoroughly distinct — but because
our long suffering and patient Newfoundland friends have
asked British intervention in both directions. The question of
French shore rights in Newfoundland is an open one: St. Pierre
is to all intents and purposes a French colony, and as such can
only come under British control by capture, exchange or purchase-
As to the first method, we say reverently: "God forbid!" As to the
second, when we put on what an old lady called her "far specs,"
HAI^IFAX AND THE CAPTURE OF ST. PIERRE IN 1793. 105
we can see no available British territory, which, with a due recog-
nition of local rights, can be used for the purpose of barter. The
very thought of purchase tempts to an involuntary whistle.
From several points of view, the St. Pierre group may be, as has
been claimed, of less value to France than they once were, but
they nevertheless possess a fictitious value, which sometimes
counts heavily in national as well as in private business affairs,
where necessity is not an absolute dictator. I have before my
mental vision, at this moment, a mere scrap of land in the old
Loyalist town of Shelbume, owned by an old gentleman resident
at the time of his death in Halifax. It was of no earthly value
to the owner. As I remember it, it supported a manure heap — but
love or money could not induce the owner to transfer that tiny
bit of land to the trustees of a church property, to the completeness
of which it seemed indispensable. The sole reason was that it
was the only relic of the property once possessed by the owner's
father, or grandfather, one of the original Loyalist settlers of
the place. Though corporations are said to have no soul, it is
just possible that sentiment may rule in the councils of France,
and lead her rulers to attach a fictitious value to this last relic of
her once magnificent domain in North America.
And to part with it to her rival whose colonial policy, with all
its weaknesses, wrested Canada from France, and by its defect
of the plans of Dupleix in the East crushed the growing power of
France, and in Asia, gave Edward VII. the right the other day to
be proclaimed Emperor of India!
It was largely in a spirit of friendliness that Britain in 1814
gave France St. Pierre as a head-quarters for her banks fisheries.
It was at a period of success, and the conqueror was disposed to
be' generous. If permitted to buy it back, she will pay dearly
for this act of a moment of weakness.
106 NOVA SCOTIA HISTORICAlv SOCIETY.
IN MEMORIAM.
THE REV. GEORGE WILI.IAM HILI., M/A.' D, C. L.
RECTOR OF THE Parish op St. Paui<'s, HaIvIFax.
One of the founders of The Nova Scotia Historical Society.
And President of the Institution in 1880, 1881, 1883, 1884 and
1885.
During a long connection with the Society of which he was a
most enthusiastic and distinguished member, he contributed
many brilHant and important papers, illustrating the history of
Nova Scotia from its earliest days, which will long remain pleasing
monuments of his genius and devoted research in a department
of letters, in which he greatly shone, Dr. Hill was one of Nova Sco-
tia's most distinguished sons, and during his career, by a devotion
to duty as a patriot and a scholar, from the pulpit, the platform
and the press, ever advocated the best interests of his native city
and province, and thereby won the admiration and respect of his
fellow citizens and countrymen.
In deploring the great loss sustained by our Society and Prov-
ince by the death of Dr. Hill, we place on record our estimation
and high esteem for an accomplished scholar and christian gentle-
man whose pure life and bright example, will long survive bright
in the memory of Nova Scotians.
Bom 1824. Died 1906.
WILLIAM HENRY HILL.
A valued and talented member of the Nova Scotia Historical
Society was for many years an impressive figure in the so-
cial hfe of Halifax; a cultured gentleman of the old school, and
one who greatly aided in establishing and furthering the interests
of the Society, was bom in Halifax, in 1836 and died greatly la-
mented at Southsea, England, November 7th, 1909.
DE MONTS TERCENTENARY AT ANNAPOLIS. 107
DEMONTS TERCENTENTARY AT
ANNAPOLIS, 1604-1904.
By MR. JUSTICE LONGLEY.
The landing of DeMonts and the founding of the town of Port
Royal, on the Annapolis Basin, was the first landing of Europeans,
for the purpose of settlement, in British North America, and al-
most the first on the continent of North America.
This constitutes an event of great historic interest, since at this
present moment the continent of North America has become a
great factor in the civilized world and nearly a hundred millions
of people of European origin are making strides in progress un-
equalled by any other part of the world.
The idea of celebrating the three hundredth anniversary of the
landing and settlement by DeMonts was first suggested by the
people of Annapolis Royal. Recognizing that the undertaking
was a large one, the citizens of Annapolis by resolution of the
Town Council and the Board of Trade, requested the Nova Scotia
Historical Society to take in hand all necessary measures for the
due and proper celebration of this important event.
By a resolution passed on the 12th day of January, I9O4,
the Nova Scotia Historical Society undertook to make prepara-
tions for a fitting celebration of this tercentenary and the Council
was authorized to take all proper steps towards that end.
A mere local celebration could easily have been arranged but
the circumstances seemed of such moment as to justify an inter-
national celebration which would involve a demonstration of a
some what imposing character.
DeMonts himself was a Frenchman and came to found Port
Royal under a commission from a French king. After being a
French possession for something like 150 years, Port Royal was
108 NOVA SCOTIA HISTORICAL SOCIETY.
finally captured and taken possession of by British colonists from
New England, and, after the War of Independence, which termina-
ted in 1783, Acadia, in which Port Royal was situated, became a
part of British North America. Therefore, France, the United
States and Great Britain had a common interest in the celebra-
tion.
Invitations were therefore sent to the Government of France,
and the Government of the United States, through the proper
channels, asking each of these two Governments to send a special
representative of the Presidents of the two Republics, to assist in
the celebration of the occasion.
Invitations were also sent to the Governor-General of Canada,
to the Lieutenant-Governors of all the provinces, to the Prime
Minister of Canada, to the Premiers of all the provinces of Canada,
to all the recognized Historical Societies in Canada and to the His-
torical Societies of the Northern part of the United States, to the
Universities of Canada and Universities of the Northern States.
In addition to these, special invitations were sent to a number of
gentlemen in Canada, who, by their distinguished positions in liter-
ature or history, made such a tribute fitting. Invitations were
sent to the Cabinet Ministers and all the members of the Senate
and House of Commons of Canada for Nova Scotia ; all the mem-
bers of the Government, Legislative Council and House of
Assembly of the Province of Nova Scotia were also invited to at-
tend.
The invitations to the Government of France and the United
States were in the following terms : —
Nova Scotia Historical Society,
Halifax, N. S., Oct. 16th, 1903.
Sir: — In the summer of 1604, Seigneur DeMonts entered the
Annapolis Basin, Nova Scotia, and landed at Port Royal. This,
with the exception of the Spanish landing at St. Augustine, was the
first landing of Europeans on the soil of North America resulting
in a permanent settlement.
DE MONTS TERCENTENARY AT ANNAPOUS. 109
The Nova Scotia Historical Society proposes that an event of
such historical moment should have its tercentenary fittingly cele-
brated and in this the town of Annapolis, formerly Port Royal, has
cordially joined and is preparing to entertain the large number of
distinguished men it is expected will assemble to take part in this
important celebration.
Four countries seem to be specially interested in this celebra-
tion. This landing and first settiement in British North America
was made by a Frenchman and under the auspices of the Govern-
ment of France and the Colony so founded remained in the posses-
sion of France for a long period. Port Royal was ultimately
taken from the French by the inhabitants of Boston, then a Bri-
tish Colony, and for this reason the United States is likewise in-
terested in the celebration of this event. Port Royal, now Annap-
olis, is now the possession of the Government of Great Britain and
for this reason that country is also interested. Port Royal and
Nova Scotia are now part of the Dominion of Canada, which makes
the celebration one of special interest to Canadians.
We are proposing to ask that a special representative of each of
these nations should be appointed to attend the celebration and
take part in its proceedings. The Governor-General of Canada will
himself attend and take a leading part in the exercises. An invi-
tation has been extended to His Majesty the King of Great Bri-
tain to attend or send a Special Representative, and a similar re-
quest is now being preferred to the President of the United States.
I am taking the liberty of preferring this request to the Presi-
dent and Government of France, through you. I need not say
that the Nova Scotia Historical Society would be more than de-
lighted if it were possible for His Excellency, the President, to
attend this celebration in person. If, however, circumstances will
render this impossible we are hoping that His Excellency the Pre-
sident and Government will be pleased to appoint some fitting per-
son to represent the French Republic on the occasion. If you will
be good enough to intimate to me hereafter the pleasure of the
President in this regard I shall be extremely obliged, and in l:he
event of some Special Representative being appointed, I should be
110 NOVA SCOTIA HISTORICAL SOCIETY.
equally obliged if you would intimate his name and address in or-
der that I might communicate with him the date which has been
finally fixed for the celebration and also arrange the part which
he will be pleased to take in the ceremonies connected with the
celebration.
I have the honor to be, sir, Yours,
J. W. LONGIvEY,
President Nova Scotia Historical Society.
The Honorable M. Delcasse,
Secretary of State for Foreign Affairs.
The invitations addressed to the Historical Societies and Uni-
versities were as follows: —
Nova Scotia Historical Society,
Halifax, August 19th, 1903.
Dear Sir: — It is an important historical fact that on or about
the 24th of June, 1604, Seigneur DeMonts entered the Annapolis
Basin and landed at Port Royal. This, with the exception of the
Spanish landing at St. Augustine, was the first landing of Euro-
peans on the soil of North America resulting in a permanent set-
tlement.
It has occurred to the Nova Scotia Historical Society that an
event of such historical moment should have its tercentenary fit-
tingly celebrated, and in this, the Town of Annapolis, formerly
Port Royal, has cordially joined, and is prepared to make due pro-
vision for the entertainment of the large number of distinguished
men it is expected will assemble to take part in this important
celebration.
It is an event of common interest to the people of Canada, the
United States, Great Britain and France, and it is proposed to have
representatives of these nations present upon the occasion.
The date to be fixed will probably be the 23rd and 24th days of
June, 1904, and a suitable programme of orations and memorial
DE MONTS TERCENTENARY AT ANNOPALIS. Ill
addresses will be prepared, and a large number of important per-
sons from all the countries interested will take part in these mem-
orial exercises.
Annapolis Royal is an extremely interesting old town situated
in the heart of the Annapolis Valley, and full of historical relics.
It is easy of access from all directions. Visitors from the United
States can reach it by the daily boats from Boston to Yarmouth,
continuing their journey by rail on the Dominion Atlantic Rail-
way; or by rail to St. John and steamer to Digby, and thence by
rail to Annapolis. Visitors from the Upper Provinces of Canada
would go either to St. John and take the steamer to Annapolis, or
to Halifax and thence by rail on the Dominion Atlantic Railway.
Suitable arrangements will be made by the Town Council for the
entertainment of invited guests.
The Nova Scotia Historical Society and the Town of Annapolis
extend to your Society a most cordial invitation to send a repre-
sentative or representatives to attend such tercentenary celebra-
tion, and we would be obliged, as soon as action is taken, if you
will communicate to the Corresponding Secretary the name or
names of the representatives chosen in order that we may form
some idea of the numbers for whom provision should be made.
It is, perhaps, better to mention that it is impossible for the Nova
Scotia Historical Society to assume the travelling expenses of the
representatives so appointed, but, while in Annapolis, as before
stated, they will be the guests of the Town.
As this event is to celebrate the first settlement of Europeans
in Canada, and one of the earliest settlements on the Continent,
and as a great wealth of interest lies in the struggles for English
and French supremacy at Port Royal, we are quite sure that you
will unite with us in making the celebration a memorable one, and
that the interest will not be confined to Canadian Historical So-
cities, but will be joined in with cordiality by the Historical Soci-
ties of the United States.
On behalf of the Nova Scotia Historical Society,
J. W. LoNGLEY, President.
F. Blake Crofton, Corresponding Secretary.
112 NOVA SCOTIA HISTORICAL SOCIETY.
It is proper to remark here that the town of Annapolis Royal
undertook in advance to entertain the distinguished men invited
to participate in this celebration, which arrangement was carried
out fully and admirably.
The Government of France, without raising any technical diffi-
culty, at once announced through the Consul-General for France in
Canada, that they had appointed M. Kleczkowski as the special
representative of the President of France on the occasion.
In response to the invitation sent to the Secretary of State for
the United States, a communication was received through the
Consul-General for the United States in Canada, which intimated
that before any official action could be taken by the Government
of that country, the invitation would have to go through the Cana-
dian Government. This was eventually arranged and an Order-
in-Council was passed by the Federal Government and communi-
cated by the Governor-General to the British Minister at Washing-
ton, who presented it to the ISecretary of State, and after the re-
ceipt of this the Government of the United States appointed Cap-
tain Dillingham of the United States ship "Detroit" to represent
that Government on the occasion.
The Premier of Canada and the Cabinet Ministers were unable
to attend owing to the fact that Parliament was in session at that
time. Replies were received from the Lieutenant-Governors and
Provincial Premiers to whom invitations were addressed, most of
them intimating an inability to attend. Replies were also receiv-
ed from many of the Historical Societies and Universities, and a
number of distinguished representatives of Canadian and Ameri-
can Historical Societies attended on that occasion. Among others
may be mentioned the following: — Charles Francis Adams and
Arthur Lord, representing the Massachussetts Historical Society;
Professor Thwaits of the Wisconsin Historical Society, Samuel V.
Hoffman of New York Historical Society, Mr. N. Hovenden, re-
presenting Royal Historical Society, London, G. B.; Messrs. Doer-
ing and Robertson of Maine Historical Society; Rev. Mr.
Gaynor of St. John Historical Society; Hon. A. Turgeon and Hon.
Charles Langelier representing the Government and Historical
DE MONTS TERCENTENARY AT ANNAPOLIS. 113
Societies of Quebec; Admiral Sir Archibald Douglas, General Sir
Charles Parsons, His Grace the Archbishop of Halifax, Dr. Forrest
of Dalhousie, Dr. Hannah of Kings, Dr. Kierstead of Acadia, Mr.
John A. Cooper of Toronto representing Canadian Press Associa-
tion.
The time appointed for holding the celebration was the 21st
and 22nd of June, 1904, that day corresponding, as nearly as could
be estimated from the journal of Champlain, with the date upon
which the Annapolis Basin was first discovered and entered by
DeMonts' expedition in 1604.
To add to the eclat of the occasion the Governments of France
and United States were asked to send warships and the Admiral
commanding the British American Squadron, Sir Archibald Douglas,
was asked to send a warship representing the British Navy.
All these responded to the invitation. Great Britain was repre-
sented by the flagship "Ariadne," France by the "Troude" and the
United States by the "Detroit" and "Topeka." The Minister of
Marine and Fisheries was also good enough to send two Canadian
cruisers to represent the Dominion Government.
The Admiral and the General commanding the Forces in Bri-
tish North America were also invited to attend, and to give fur-
ther eclat a guard of honor from the 69th Regiment was furnished
by the Minister of Militia, and also the band of that regiment.
Permission was also obtained for the landing of French and Amer-
ican marines under arms, and a guard of honor, was furnished from
H. M. S. "Ariadne," the French ship "Troude" and from the United
States ships "Detroit" and "Topeka." The bandsof the "Ariadne,"
"Troude" and "Topeka" were also placed at the disposal of the au-
thorities on the celebration, and a guard of honor composed of these
five separate services, together with four bands, constituted on the
opening day a spectacle perhaps unequalled by any event on simi-
lar lines which has heretofore occurred in Canada.
The citizens of Annapolis, with commendable public spirit, had
made the old fort at Annapolis, which fortunately remains in a
114 NOVA SCOTIA HISTORIC Aly SOCIETY.
condition of excellent preservation, gay with bunting and decora-
tions, including the flying of flags of the three great national-
ities specially represented.
A large platform had been erected on the grounds, it being de-
termined that the event should be celebrated within the fort itself.
The weather on both days was perfection itself, and nothing
occurred to mar the pleasure of this memorable occasion.
On Tuesday, June 21st, the President of the Historical Society
escorted the Lieutenant-Governor, accompanied by the Admiral
and the General and the representatives of the President of France
and the President of the United States, in carriages to the gates of
the fort. On entering, the party was received by a guard of honor
composed, as before intimated, of men of the 69th regiment, the
"Ariadne," the "Troude," the "Detroit" and the "Topeka," all
being under command of Colonel Irving, D. O. C, and "God Save
The King' ' was played by four bands representing British, French
and American nationalities.
The programme for the forenoon of that day was as follows : —
PROGRAMME.
Tuesday, June 21st, 1904, 11 a. m.
In the Old Fort at Annapolis.
1. Opening Address — Hon. J. W. Longley, President Nova Sco-
tia Historical Society.
2. Address to LiEUT. -Governor Jones, by the Mayor of Anna-
polis Royal.
3. Remarks and Welcome by Lieut. -Governor Jones.
4. Address by Mr. Kleckowski, Representative of the French
Republic.
5. Address by Capt. Dillingham, Representative of United
States.
6. Poem — Mr. J. F. Herein.
7. Address — Sir Fredk. Borden, Representing Dominion Gov-
ernment.
8. Address — Hon. A. Turgeon, Representing Quebec Govern-
ment.
9. Address — His Grace The Archbishop.
DE MONTS TERCENTENARY AT ANNAPOLIS. 115
In his opening speech the President of the Historical Society
said,
May it please your Honor: — It gives me great satisfaction as the
president of the Nova Scotia Historical Society, on behalf of that
body, to extend to the distinguished gentlemen who have assem-
bled here to-day to take part in this great celebration, a warm and
cordial welcome. That so many from distant portions of the con-
tinent have responded to the call has been a matter of the greatest
pleasure and that the governments of the two greatest republics
of the world, France and the United States, have sent special
representatives, gives a tone and character to the event which
would otherwise be wanting. In addition to the honor of presid-
ing over the Nova Scotia Historical Society, it happens incidentally
that I was bom in this section and that for twenty-two years I
have represented the county of Annapolis, of which Annapolis
Royal is the capital, in the legislature.
All of us, I think, today, may feel that we stand upon historic
ground, and recognize the propriety of duly celebrating such a
great historic event. The continent of North America was not a
factor in the world's affairs three centuries ago. It has now grown
so greatly in population, in importance, in civilization and in
political power that it becomes a matter of no common interest to
trace back the beginning of its life and history. The first landing
of Europeans, for the purpose of settlement, was a year earlier and
farther south ; the second — and the first in the Dominion of Cana-
da— ^was at Port Royal in June, 1604, and it is to mark the tercen-
tenary of that event that we are gathered together today.
The honor of the expedition headed by DeMonts, which found-
ed Port Royal, belongs to France. It was sent out under the au-
thority of a French king, it was commanded by a Frenchman and
was composed of French colonists; and the record of French gov-
ernment in Acadia, lasting for a considerable period and with
many changes and vicissitudes, forms an extremely interesting
chapter in the history of British North America. Port Royal
was ultimately taken by the British colonists of New England,
and in 1713 became permanentiy a part of the British Empire.
116 NOVA SCOTIA HISTORICAL SOCIETY.
More than half a century after this the thirteen states declared
their independence and achieved it, but a large part of North
America remained British and this has been consolidated under one
government and called the Dominion of Canada. Acadia, includ-
ing Port Royal, remained British, but its close relationship with
Massachussetts in the earHer days and the fact that it became Brit-
ish through the influence and agency of the men of Massachusetts,
makes it fitting that a special representative of that great country
should be here today to join with us in this celebration. Great
Britain, France and the United States have all their historic in-
terest in Port Royal, now Annapolis Royal. They are all repre-
sented on this occasion and the flags of the three great countries
float side by side in the breeze to-day.
It fortunately happens that Great Britain's relations with both
France and the United States are friendly and cordial. In this
great Dominion, nearly one-third of the entire population is of
French origin and speaks the French language. Thank God, per-
fect harmony and good will prevail between the two races and
both are equally concerned in all that tends to the progress and
development of Canada. The same may be stated in reference to
the United States, although lying beside us and in keen competi-
tion in industrial life, and notwithstanding that incidents of the
past have left occasions for former ill-will, yet it is pleasant to
think that time, the only miracle worker of these days, is gradually
obliterating all those unpleasant memories and that good will and
the feeling which ought to prevail between two great English
speaking peoples lying side by side on this continent is each day
growing until we may now fairly say that all causes of bitterness
have ceased to be. We can, therefore, today, British, French and
American, gather together to celebrate the first landing for the
purpose of settlement in the Dominion of Canada.
Great changes have taken place since DeMonts landed at Port
Royal in June, 1604. At that moment what is now the United
States was in possession of the Indians and had no trace of Euro-
pean civilization. It was not until three years afterwards that a
settlement of Frenchmen was made on the St. Lawrence river. Three
DE MONTS TERCENTENARY AT ANNAPOLIS. 117
hundred years have seen the development of one of the world's
greatest nations, with over eighty millions of people, and it has
also seen the birth of the Canadian Dominion, which is pushing
rapidly forward to a conspicuous place among the nations of the
world. North America now takes its place among the most en-
lightened countries of the world. It has its railroads, its electrical
appliances, its schools, its universities, its press, its achievements
in art, science, literature and invention, and few of those who first
saw the light on its soil are not ready to thank God that they were
bom in North America.
In response to our invitation, the representatives of the great
historical societies of Canada and the northern part of the United
States have responded and sent their distinguished representatives.
The universities have also responded to our call and are well re-
presented on this occasion. The governments of Great Britain,
France and the United States have sent their ships of war to this
port to lend prestige to the occasion. Cabinet ministers and re-
presentatives of the various provincial governments of Canada
have also responded to our invitations and are participating with
us in celebrating an event of imiversal interest to North America.
To one and all we extend a cordial welcome, and we shall hope
that the incidents of the two days spent in celebrating this tercen-
tenary may have their lasting effect in cementing the already
friendly and intimate relations which prevail between the three
great nations who participate in celebrating this event.
The Lieutenant-Governor extended a welcome to the distin-
guished visitors in the following terms.
Mr. Chairman, Ladies and Gentlemen, — ^The event we are
about celebrating forms an important epoch in the history of our
province. Three hundred years ago today Sieur DeMonts, with
his brave companions, made the first entrance from the Bay of
Fundy through the straits to the beautiful basin of Annapolis.
We can imagine with what astonishment those intrepid voyageurs
must have beheld the beautiful sheet of water which they reached
so soon after passing through the strait. And we can also imagine
118 NOVA SCOTIA HISTORICAL SOCIETY.
the beautiful scenery which must have surrounded them, with the
primeval forests bordering down to the very edge of the sea. These
men, like others of a later date, were men of undoubted capacity
and enterprize. Imagine today what would be thought of anyone
undertaking to visit the old world in the frail barques and the un-
certain guides to navigation they had at that time. One thinks
with astonishment, I might almost say amazement, at the courage
and capacity of these men, who, without any information upon
which they could rely, left their native shores and launched their
frail barques for a long and perilous voyage to reach a new world.
The history of discoveries in America has been important and
interesting. The name of that great voyageur, Christopher Col-
umbus, is of course, inseparably connected with those great events,
and only a few years ago the Royal Society of Canada celebrated
the arrival of Cabot by erecting a tablet in the legislative halls of
this province. Today, as I have said, we are about to lay the cor-
ner-stone of the monument, which has been generously provided
by the Dominion government, in honor of Sieur DeMonts, who,
three hundred years ago, landed near where we are congregated
today. The names and services of these illustrious men have been
recognized through all parts of the world, and we may also be al-
lowed to add the names of other eminent men, who, like Cortes in
Mexico, Pizarro in Peru, and DeMonts now in Nova Scotia will
be held in admiration and respect by all future generations.
It is true that the fleur-de-lis of the ancient regime of that date
is no longer displayed to the breeze, but the no less interesting
flag of the red, white and blue of the French republic may be fre-
quently seen in the waters of the Dominion, and receive from our
people the respect and admiration due to a great and honored na-
tion, who, we have reason to believe, will always remain the true
ally to our people.
We have today also the flag representing the great republic by
our side, the people, who at the time of DeMonts and for near a-
couple oi centuries afterwards were our fellow subjects and breth-
ren in all the important co ntests which took place on this conti-
nent.
DE MONTS TERCENTENARY. AT ANNAPOLIS. 119
I am gratified to be in a position today to say to these distin-
guished representatives of France and the United States, who have
honored us with their presence on this occasion, that we extend to
them a most hearty and cordial welcome, and we sincerely trust
that they may carry away with them pleasant recollections of their
visit on this occasion. We are privileged also to have our own
naval and military commanders-in-chief, who are assigned the
duty of guarding the interests of our empire in this distant part of
the world. And when we see the various flags thus represented,
the emblems of peace and advancement in all that tends to make
the world great and happy, we cannot but feel that there is in the
future a prospect of mutual understanding and good will contri-
buting to make our people look to each other as brethren and not as
strangers, and working for the advancement and prosperity of
mankind. As has been said by a distinguished American states-
man, "Providence has made us neighbors, let statesmen make
us friends."
Responses were made by Mons. Kleckowski, on behalf of
France, and Captain Dillingham of the United States. Mr.
Kleckowski said;
It is a beautiful, it is a generous sentiment which has given
birth to this celebration. It is inspired by the purest ideaUsm; it
finds its motive power in a deep respect for the past. After three
centuries, what do we come here to commemorate? What event
is illustrious enough to deserve so magnificent a celebration? It
seems a small thing, yet it is everything; it is only a moment, but
a moment sacred in the history of this part of the world; it is
nothing less than that solemn and affecting hour when for the first
time, men bom on the continent of old Europe, attempted to found
a permanent settlement in the northern regions of young America.
Thrice before their time had a daring captain put in an appear-
ance as advanced guard. Sixty years have passed. Of Cartier's
voyages only the memory remains, but so vivid, so luminous a
memory that it ever throws light on the road, as a beacon projects
its flame, although no ship be sighted on the horizon.
120 NOVA SCOTIA HISTORICAIv SOCIETY.
Whence do they come once more, those messengers of civiliza-
tion, lovers of proud enterprize? From France. What grand
idea, what enchanting vision elates their hearts and swells their
white sails? Ah! it is a dream, a beautiful dream! True to the
spirit of their time, it is their will to serve the king, to extend his
dominion and that of their religion, to help trade, and to colonize.
Their names, who does not know them? DeMonts, Poutrincourt,
Pontgrave, Champdore, Champlain, the same Champlain who to-
morrow will found Quebec, the sweet queen of the St. Lawrence.' '
Pierre "du Gua, Sieur DeMonts, a gentlemen from Saintonges,"
is the chief. His heart is "prone to high deeds.' ' King Henry IV.
has made him his lieutenant-general with powers, the limit of
which are so extensive that they cover all the lands of "la Cadie,
Canada and other places in New France.' ' DeMonts receives in ad-
dition the monopoly of the fur trade. The royal exchequer does
not open for other subsidies. That is all, and that is enough.
Port Royal is founded.
Beginnings are uncertain, rather slow is the progress. Never-
theless the work continues. Carried on perseveringly in the
midst of difficulties and battles, throughout more than a century,
in spite of all, it is going to its completion, when a last stroke of ad-
versity destroys Port Royal. Even the name Port Royal is lost.
And afterwards? Oh! afterwards, the little colony of Acadia is
taught a lesson of sorrow. It experiences bad, gloomy days. One
day, one sad day dawns, darker than all others. The song of the
poet and the sympathetic recital of history have immortalized its
desparingly sad features. Let us pass ! Hour of justice will come.
Eloquent voices prophesy and demand it. At last it strikes, and,
this time, forever. The sun which shines on this happy land pours
its radiant light on races equally free and at last reconciled.
Such are the reminiscences which awake the thoughts which
spring forth as from their natural source at this admirable celebra-
tion ! It is of itself a resurrection. To our bewildered eyes, in the
flash of the passing minutes, "Bay of Fundy," as before, becomes
again "Baie Francaise." French colors are flying once more.
Under the fluid and soft name of Annapolis, as under transparent
DE MONTS TERCENTENARY AT ANNAPOLIS. 121
gauze, reappears, never to be obliterated, the old name Port Royal.
With it return to life the gallant men of the early days, those I
named and those who followed. They hear, they understand. The
language I speak is the language they spoke. Something of their
soul has passed into our souls. Something of their life, something
of their death, is mingled with these sweetly green meadows, the
smile of which tells so well the vanity of pitiless wars, and the con-
soling charm of passive nature, ever young and merciful. How
could one not be deeply moved? Such sights are made to move;
they thrill, they fortify. To the Historical Society of Nova Scotia
and especially to its zealous president, belongs the merit and
thoughtfulness of seizing this unique opportunity. The idea was
noble, it was beautiful, it realized itself in the splendor of a beauti-
ful day.
The president of the French republic, whom I have the great
honor to represent here, will know in what manner, at this solemn
hour, old French memories, somewhat asleep in the mist and dis-
tance of time, took a new life at your call ; and how, in their renew-
ed freshness by you they were extolled and glorified. On more
than one shore has France thrown by the handful the good seed of
effort in which, so spontaneously, she gives her heart and her
genius. Many a time has the initiatory idea came from her; she
sows but does not always reap. I state the fact, not as one who
complains. In the balance of things eternal, beautiful will ever be
"Le geste auguste du semeur."
Captain Dillingham said:
The embarrassment which I am now feeling I suppose, should
be due to the presence of so much eloquence and distinction as are
near me ; but this is not the case. My embarrassment at present
is due to fear that I may not be able to do justice to the occasion.
I have just come 1,600 miles at top speed to be with you today, I
was very happy on getting on your coast to find no fog to stop me,
as that alone could have made me slow down, so great was my
anxiety to be with you today. It is a great pleasure for a sailor to
come to this country, as with all your grand products you do not
produce anything better than your sailors. There is an affinity be-
122 NOVA SCOTIA HISTORICAL SOCIETY.
tween sailors. It makes no difiference whether you go to sea to
back a policy or to catch fish, you are sailors all the same. When-
ever we come to a British colony we always see evidence of good
government, and there is nothing so beautiful as the patriotic loy-
alty to the crown, exhibited by all British colonies. As we look
back upon history there seems to be a spirit that flows irresistibly,
and I have no doubt the same spirit exists today as existed in 1604.
It made DeMonts "go west.' ' This advice was given in my coun-
try by Horace Greeley. Today you celebrate an event which, as
the chairman has said, France is responsible for, and in my coun-
try today we are celebrating an occasion for which France is also
responsible. It is that irresistible spirit of DeMonts which sent
him west, and we got to the Rockies without firing a shot in anger.
It has been my honor and pleasure to have served with the great
British navy from which we have learned so much, and where we
see the great exhibition of sea-power so necessary to maintain an
empire. From them, we have learned the climax of our profession,
which is to hit the target. I came without a prepared speech, but
my heart is full, and I bring from the people and president of the
United States cordial sympathy and greeting for the celebration
of an occasion when your forefathers, like mine laid the foundation
in the western hemisphere of the greatest civilization in the world.
The honor to be here is great.
In the inevitable absence of Sir Wilfrid Laurier, the Honour-
able A. Tourgeon, a distinguished member of the Government of
Quebec, spoke in the name of the French population of Canada.
The proceedings for the occasion concluded with the following
excellent address from His Grace, the Archbishop of Halifax.
Ladies and Gentlemen: — Events, not years, are the true mea-
sure of a nation's historic renown. The more pregnant an achieve-
ment has been of beneficial results to mankind, the more worthy it
is of commemoration, even though the manner of its accomplish-
ment may not have been accompanied by any of those specular
deeds of prowess which appeal so powerfully to the imagination.
Greatness of soul may be as fully displayed in daring unknown
DE MONTS TERCENTENARY AT ANNAPOLIS. 123
dangers as in facing real ones, and in enduring unexpected hard-
ships as in attacking the entrenched positions of an enemy. Moral
courage is surely no less admirable than physical. These princi-
ples would justify, were justification required, the celebration of
today. Three hundred years is a short period in the history of the
world, we fully admit, but the event we commemorate, the
planting of civilization on these shores, three hundred years ago —
and the subsequent ones — are of such importance to mankind, will
have such far-reaching effects, and have been accompanied by such
a display of noble qualities as to fill up many cycles of time. With
the exception of Mexico, practically the whole of North America,
as we see it today, is the result of the settlement of Port Royal.
Because of it, expeditions were sent, not only around the coasts of
the Bay of Fundy, but also into the Gulf of St. Lawrence, and up
the great river of that name, resulting in the founding of trading
and fishing stations, which later on became centres of civilization.
The adventurous spirit of DeMonts, Champlain and Poutrincourt
soon enkindled a kindred flame in the hearts of Englishmen, who
emulated, at Jamestown, the deeds of the founders of Acadia. The
story of the fertility and marked resources of Acadia as told by
Lescarbot, and in the letters of Biencourt, son of the Sieur
Poutrincourt, was, no doubt, known to the leaders of the May-
flower expedition, and gave them courage to undertake what was
no longer an unknown voyage, but a beaten course to a hospitable
shore.
Looking, then, at this northern continent, and its wonderful
development, and considering that the initial impulse to its civili-
zation was given by the founding of Port Royal, we can surely
claim that this latter event was one of transcending importance to
mankind. Peering into the future we can, without claiming a
spirit of prophecy, confidently predict in the case of our own be-
loved Canada that its effects will also be far-reaching. The future
of the world is ours. In this vast Dominion which is the great
storehouse of the treasures of nature, future millions will reap
bounteous harvests from our plains, will delve wealth from our
mines, hew fortunes from our forests, and drag riches from the wa-
ters surrounding our shores. Here the great problems of civil
124 NOVA SCOTIA HISTORICAL SOCIETY.
government, of economic systems, of economic questionings, which
have exercised and fretted the ingenuity of man, will be worked
out to a satisfactory solution. Canada shall cease to be beneficial
to the human race only when that race shall have ceased to exist.
Finally greatness of soul, resourcefulness in difficulties, adap-
tability to surrounding conditions, and patient courage illumine the
romantic story of the founding and development of Acadia. What-
ever blots there may be on the bright pages which record the deeds
of the past three hundred years are due to the ever-present weak-
ness of human nature, their brightness and glory bear testimony
to the chivalry of the great races which strove and toiled in this
fair land. Good reason, then, have we, Gaul, or Saxon, or Celt, to
rejoice today.
The promoters of this celebration are to be congratulated on
the happy thought that suggested, and the energy that has made a
success of this demonstration, gathering as to a family festival, re-
presentatives of various races and interests, who can all partici-
pate in the common joy.
For myself, I rejoice to be allowed to take part in the proceed-
ings of today in, I may say, a triple capacity, — as one of the repre-
sentatives of the Royal Society of Canada appointed to convey to
the committee in charge the deep interest of the Royal Society in
this celebration; as a citizen of this fair land, who is proud of its
past and hopeful of its future; and finally, as a minister of that gos-
pel of peace and good will, which in all of this continent north of
Florida was first preached on the banks of the beautiful basin of
Annapolis. For here, first of all in that vast district, a Christian
altar was set up, the gospel message preached to the savage, and
the first heathen gathered into the fold. Several years before the
Mayflower had been moored to Plymouth Rock — before James-
town or even Quebec had been founded, the rites of Christianity
had been practised, and its doctrines promulgated, in the rude
camp of Port Royal. This is a glory which has been too long ob-
scured, or forgotten, or denied, but which is vindicated and brought
to the knowledge of all by this tercentenary celebration. May the
DE MONTS TERCENTENARY AT ANNAPOLIS. 125
children of Nova Scotia ever remember that as their province was
the first discovered, the first colonized, the first to receive the gos-
pel of holiness, so they should strive to be first in virtue, first in in-
telligence, first in an enhghtened love of country.
In the afternoon an excursion was given on the steamer Gran-
ville to a point opposite Goat Island, which represents the spot
where DeMonts first landed and founded Port Royal. It is six
miles below the site of Fort Ann, which, thirty or forty years after,
became the site of Port Royal, now the town of Annapolis Royal.
Nearly all the distinguished visitors, the Mayor and Corporation of
the town, the members of the Nova Scotia Historical Society and a
number of other citizens attended this excursion. Arriving op-
posite the spot where the original Port Royal had been built,
which was marked by a flagstaff, Judge Savary pointed out in a
clear and interesting manner the location of the several buildings
which marked the first fort and settlement, after which interesting
addresses were delivered according to the programme below : —
TUESDAY AFTERNOON.
1. Trip by Steamer to Goat Island, Granville, where first fort
was erected.
3. Address — Hon. Charles LangeliER.
4. Address — Mr. Arthur Lord, Mass. Historical Society.
5. Address — Rev. W. G. Gaynor, St. John Historical Society.
In the evening a large public meeting was held at the Academy
of Music at which the President of the Nova Scotia Historical So-
ciety presided and speeches of great interest were delivered by the
following distinguished gentlemen. This is the programme of the
evening meeting:
126 NOVA SCOTIA HISTORICAIy SOCIETY.
TUESDAY EVENING.
Public Meeting Academy of Music 8.15 p. m.
1. Address — Mr. Charles Francis Adams, Boston.
2. Address — Prof. R. G. Thwaites, Wisconsin.
3. Address — Rev. Dr. Forrest, Dalhousie.
4. Address — Rev. Dr. Keirstead, Acadia.
5. Address — President Hannah, Kings.
6. Address — Mr. John A. Cooper, Toronto.
7. Address — ^Judge Savary,
The Government of Canada, desiring to show its interest in
this event in some tangible and permanent form, undertook to
erect a monument to DeMonts which should stand in the old fort
which he had founded three hundred years before.
It was impossible to have this monument erected or in its place
at the time of the Celebration, but the foundation had been built,
and the laying of the comer-stone was the first ceremony on the
morning of Wednesday June 22nd. This was done by His Hon-
or, Lieutenant-Governor Jones, assisted by the Admiral and General
and the representatives of France and the United States. The
town of Annapolis presented the Governor with a trowel and asked
him to perform this duty, which he did, making remarks suitable
to the occasion, and immediately after the stone had been laid in
its place a salute of twenty-one guns was fired by the four ships of
war then lying in the harbor.
It may be mentioned that on this occasion the Governor and
his suite were received by a guard of honor composed of the squad-
rons sent by the French ship and the two American ships, and the
national anthem was played by the bands of the "Troude" and
**Topeka."
After the comer-stone had been laid, the distinguished guests
repaired to the platform and in the presence of another large gath-
ering of people speeches were made as follows. Admiral Sir A.
L. Douglas said:
DE MONTS TERCENTENARY AT ANNAPOLIS. 127
"We are assembled here during these few days, not only to
amuse and interest ourselves, but also to perform a graceful act of
recognition and gratitude. We have heard so many able and in-
teresting addresses on all subjects connected with this tercentenary
that it is quite unnecessary for me to say much. But there is one
point which strikes me most forcibly, and that is, that dropping all
national differences and jealousies, we are here in concord to do
honor to the enterprise, pluck, energy and endurance of our gallant
forerunners, DeMonts, Champlain, Pontgrave and their brave
comrades.
We are proud of our modem navies and mercantile marine,
but, while we cross the seas and visit all parts of the world under
steam in powerful vessels, and in the greatest comfort, either on
board men-of-war, or on board the great ocean liners, or the small-
er coasting vessels, we are apt to forget, and can hardly realize the
courage and enterprize of that little band of seamen, who, three
hundred years ago, in mere cockle-shells, propelled by sail alone —
with imperfect charts, with indeed no charts — set out to explore
unknown seas and to discover new lands. And when this brave
little company of seamen and gentlemen-at-arms set foot at last on
this land, after a long and perilous voyage, their troubles were not
yet over, for in our Canadian winter they found but an "iron wel-
come." However, despite difficulties, they planted themselves
here, and for us their successors, though under a different flag, they
gained for civilization this rich inheritance. They did more than
that, they left us with the strain of their noble blood. They are
still in us and of us. Just as in England, the Norman conquest,
once a yoke, is now a source of pride. For we are all one people,
conquered and the conquerors, and one blood runs through all, so
that there is no question of different nationalities — French, Scot-
tish, Irish, Saxon — all meet in the Canadian.
I do not know which, or how many, of the gallant band who
first landed here survived to leave progeny — perhaps the descend-
ants hardly know themselves — but that does not matter, their
race is still with us, and we have a right by adoption and inheri-
tance to claim these heroes now as our own. And so, stretching
128 NOVA SCOTIA HISTORICAIy SOCIETY.
hands across three centuries of time, we greet these noble gentle-
men of France, and in so doing join hands with Monsieur Klec-
kowski, representing the President of France, and Captain Dilhng-
ham, representing America, our half brother, I might almost say-
cur twin brother.
Long live the memory of DeMonts, Champlain and their gal-
lant band ! (Applause) .
Major-General Sir Charles Parsons followed.
He said that on behalf of the British army he esteemed it an honor
and great privilege to participate in this celebration. He consider-
ed himself exceptionally fortunate in being present to greet the re-
presentatives of France and the United States, who had come to
take part. This monument to DeMonts, would serve as a token of
magnanimity and good will towards the great country which foun-
ded the first settlements in North America, and which today, he
was pleased to know, sustained the most cordial relations of
friendship with our own empire. May peace and good will contin-
ue between France, whose pioneers founded Port Royal, the Uni-
ted States, whose inhabitants made it British, and Great Britain,
in whose possession it now is ! The site of Annapolis was well cho-
sen from a military standpoint, and goes far to prove that these
distinguished pioneers possessed marked military knowledge and
acquirements. Sir Charles felt under obligations to the Nova Scotia
Historical Society for their bringing to the notice of the army gen-
erally the military history of Nova Scotia. He was convinced
that he was expressing the wish of the British army when he said
that he hoped the statue of DeMonts would stand as a token of
lasting friendship and good will between France and the British
empire — an empire of which the Dominion of Canada forms so
important a part.
Mr. F. B. Wade, K. C, the member for Annapolis in the House
of Commons, also spoke briefly, intimating that the reason the sta-
tue to DeMonts had been given by the Government was to cele-
brate the happy union, and good feeling which now marks all
classes of the Canadian people on the tercentenary of the founda-
tion of Port Royal.
DE MONTS TERCENTENARY AT ANNAPOLIS. 129
Samuel V. Hoffman, representing the New York Historical
Society, conveyed the greetings of that society and went on to
speak particularly of the work of Champlain. In this coimection
Mr. Hoffman displayed a most interesting relic — the astrolable of
Champlain. A bronze instrument marked 1603 which may be de-
scribed as a primitive sextant, probably used by him in Annapolis
Basin, as there is almost absolute certainty by circumstantial
evidence to it being used by DeMonts and Champlain on their
expedition to the new world. This relic of the explorers was
ploughed up in a field near the river in Renfrew County, Ontario
in 1867 in ground where Champlain explored and there is strong
evidence in his writings, that it was discarded or lost with
other implements at or near where it was found.
This brought to a conclusion one of the most memorable his-
torical celebrations that has taken place in Canada. All the ar-
rangements were carried out with exactitude and every feature of
the celebration, which lasted for two days, occurred without a
single hitch in the proceedings, and the Nova Scotia Historical
Society has received from many quarters the most cordial congratu-
lations upon the success which attended this Celebration.
That a nation should value its history and note from time to
time the mile-stones of its progress will be recognized by every
wise and thinking person. That the growth of civilization and
political power in North America constitutes one of the most im-
portant epochs in the world's history seems to make especially
fitting a Celebration or the tercentenary of a memorable occasion^
when the first seeds of that civilization and power were planted oa
North American soil.
130 NOVA SCOTIA HISTORIC AIv SOCIETY.
Appendix.
Governor Parr,
The portrait of Governor John Parr, which appears in this
Volume of Transactions, is a copy from a picture on vellum
painted in London in 1780, which subsequently became the pro-
perty of Lt. Gen. Earl Dalhousie, who in 1816, when ht. Governor
of Nova Scotia presented it to Matthew Richardson, an influential
and wealthy merchant of Halifax, then residing at Studley, and
who there, often entertained the Earl. The picture passed into the
hands of W. M. Richardson, Esq., who held it for over 60 years
and shortly before his death, presented it to Jas. S. Macdonald
who had it copied to illustrate the memoir of one of the most
popular rulers of Nova Scotia in the 18th century.
Celebration of 32nd Anniversary of Formation of Society.
On 21st June, 1910, the Society held a special meeting to
celebrate the 32nd Anniversary of the foundation of the institu-
tion, and also to honour the Natal Day of Halifax, which was
founded by Hon. Edward Cornwallis, 21st June 1749. The
meeting held at the Province Building was marked by a
splendid attendance and great enthusiasm. A number of inter-
esting historical addresses were delivered. The President of the
Society James S. Macdonald presided, and in his opening remarks,
gave a brief and lucid idea of the work and successful progress
of the Institution. He was followed by Judge Longley, Senator
Roche, Senator Ross, Archdeacon Armitage, Rev, Dr. MacMillan
of St. Matthews Church, Frederick Campbell of London, and Mr.
Justice Russell, all of whom gave patriotic and spirited addresses
suitable to the occasion, which jgreatly interested the audience.
The good work by the Society of reviving an old custom that
prevailed generations ago, of holding an historical meeting on
the evening of the Natal Day of Halifax, was thus restored with
great success, and was the first at which any music was provided,
Samuel Crawford sang, Joseph Howe's "Hail to the day when the
Britons came over, to the setting by Halls in 1849, and the reunion
was pronounced by all a splendid success.
LIST OF PAPERS.
LIST OF PAPERS,
131
Read before The Nova Scotia Historical Society June 21, 1878,
TO June 21, 1910.
Date.
Tm-E.
1878.
June 21 Inaugural Address
Sept. 5|History of St. Paul's Church. Part I. . .
Oct. 3|Autobiagraphy of Revd. Wm. Cochran . .
Nov. 7 Telegraphy in Nova Scotia and neighboiing
Provinces
Whence Obtained.
1879.
Jan. 2 Early Settlement of Shubenacadle
Mar. 6 Journal of Colonel Nicholson at Siege of An
napyolis
Translation from the French, relating to
the religious beliefs of the Indians prior
to the discovery by Cabot
Journey to Yarmouth in 1 7 — by Ma ther
Byles
June fi
Nov. 6
1880.
Feb. 5 Early Journalism in Nova Scotia
Mar. 11 History of St. Paul's Church. Pts. II, III.
Apr. 1 Governor Comwallis and the first Council
May 6|Witherspoon's Journal of the Siege of
May 13
June 3
t Nov. 11
Dec.
1881,
Jan.
Feb.
Mar.
Quebec
Walter Bromley and his labors in the cause
of Education, by late John Young.
(Agricolja )
Sketches of the Winniett, DeLancy, and
Milledge families
Revolutionary Incidents in Nova Scotia,
1776-1778
Sketch of Brook Watson, by Revd. Hugh
Graham
Brook Watson's account of the Expulsion
of the Acadians
Hon. A. G. Archiba Id
Rev. Dr. Hill
Rev. Dr. Cochran . ,
G. E. Morton, Esq .
Miss E. Frame . .
T. B. Akins, Esq
Robt. Morrow, Esq.
Hon. Dr. Almon . . .
J. Stewart, Esq .
Rev. Dr. Hill
T B. Akins, Esq..
do.
J. T. Bulmer, Esq
W. A. Calnek, Esq . . .
J. T. Bulmer, Esq
Published in
Collections..
Vol. i
do.
p. 18.
85.
VoL i. p. 59.
Vol.
Vol.
Vol.
vi. p. 91.
ii. p. 63.
ii. p. 17.
Vol. ii. p. 31,
do.
Apr. 7
May 5
Sept.
Oct.
Nov.
Dec. 8
Early History of the Dissenting Church in
Nova Scoti^
Biographical Sketch of Rev. Jas. Murdoch
3{Biographical Sketch of Alexander Howe . . .
14 Account of the Manners and Customs of the
Acadians, with remarks on their remo-
val from the Province ; by Moses Deles
dernier, 1795
Letter (dated June 27, 1751) from Surveyor
Morris to Governor Shirley, with a plan
for the removal of the Acadians
Extracts from the Boston News Letter,
1 704-1760, and from Halifax Gazette
1752
Judge Croke (a Biography)
Chapter from the life of S.G. W. Archibald
Government House
Nicholas Perdue Olding, (a Biography) ....
Petitions to the Council of Massachusetts
Bay from residents of Yarmouth, and
from Council of Cumberland
Proposal of Capt. John Allen as to capture
of Halifax and conquest of Nova Sco-
tia
do.
Rev. Dr. Patterson.
Miss E. Fr,ame
W. A. Calnek, Esq .
T. B. Akins, Esq.
do.
VoL
Vol.
ii. p. 135.
ii. p. 129.
Vol. u. p. 100.
Miss E. Frame
Hon. Sir A. Archibald
Israel Longworth, Esq
Hon. Sir A. Archibald
Rev. Dr. Patterson . .
T. B. Akins, Esq.
do.
VoL
VoL
ii. p. 110.
iii. p. 197.
VoL ii. p. 11.
132 NOVA SCOTIA HISTORICAL SOCIETY.
PAPERS READ BEFORE THE N. S. HISTORICAL SOCIETY.— (Continued).
Date.
1882.
Jan.
Feb.
Mar.
July
Oct.
Nov. 2
Dec. 7
1883.
Jan. 4
Mar. 1
Apr. 5
May 4
July 12
Nov. 16
Dec. 6
1884.
Jan.
Mar. 6
May 1
Nov. 13
Title.
Who was Lebel? .
Nomenclature of the Streets of Halifax . . . .
A visit to Louisburg
History of St. Paul' Church. Part IV . . .
Chapter in the Life of Sir John Wentworth
Edward How and his family
M. S. Journal of Mr. Glover, Secretary of
Admiral Cockbum, when conveying
Napoleon to St. Helena in 1815
The Province Building
Early Reminiscenes of Halifax
The Ston eAge of the Micmacs
Newfoundland, past, present and future ....
Early Life of Sir John Wentworth
Nomenclature of the streets of Halifax p'rt II
Toiu- with General Campbell, in July and
August, 1875, along the coasts of Nova
Scotia, by Lieut. Booth, R. E
3 Celebrated persons who have visited Nova
Scotia
Ships of War wrecked on coasts of Nova Sco-
tia and Sable Island in 1 8th century ....
Hon. S. B. Robie (a Biography)
Plans submitted to the British Government
in 1783 by Sir Guy Carleton
(1.) For the founding of a Seminary of learn
ning at Windsor, N. S
(2.) For the estabhshement of an Episcopate
1 in N. S
Samuel Vetch. 1st English Governor of
Nova Scotia
Dec. 4
1885.
Feb. 5 Samuel Vetch. 1st English Governor of
Nova Scotia. Part II
Mar. 12|Exodus of the Negroes in 1791, with ex-
tracts from Clarkson's Journal
Apr. 9 Saga of Eric the Red, with an account of
the discovery of Vinland. Translated
(by Capt. Ove Lange) T
May 7 Early History of St. George's Chttrch
Part I-II
Oct. 1 Old Churches of Comwallis and Horton ...
Nov. 5 Letters from Rev. Jacob Bailey to Rev.
Mather Byles
Nov. 5 Letter from Duke of Kent to Dr. William
Almon
The League of the Iroquois
May 13
Nov. 4
Dec.
1886,
Jan. 7 Expulsion of the Acadians Part I .
Feb. 11
Method of the Acadian French in cultiva-
ting their lands especially with regard
to raising wheat.
Judge Isaac DesChamps 1785 ,
Bermuda
Expulsion of the Acadians, Part II
Dec. 2| Centennial Memories.
Whence Obtained.
Jas. Hannay, Esq., St
John, N. B . . .
Rev. Dr. Hill
P. Lynch, Esq ....
Rev. Dr. Hill
Hon. Sir A. Archibald
W. A. Calnek.
Nei)ean Clarke, Esq .
Hon.Sir A. Archibald
P. Lynch, Esq
Rev. Dr. Patterson . . .
E. Hepple HaU, Esq .
Hon. Sir A. Archibald
Rev. Dr. Hill
T. B. Akins. Esq .
P. Lynch, Esq .....
S. D. Macdonald, Esq.
Israel Longworth, Esq
T. B. Akins. Esq
Rev. Dr. Patterson . . .
do.
Hon. Sir A. Archibald.
P. Jack. Esq
Rev. Dr. P artridge . .
Rev. A. W. Eaton . .
Hon. Dr. Almon . . . .
Rev. Dr. Patterson . .
Hon. Sir A. Archibald
T. B. Akins Esq . .
Hon. Sir. A. Archibald
do
Rev. Dr. Bums.. .
Published in
Collections.
Vol. iii. p. 13.
Vol. iv. p. 247.
VoL ix.^p. 119.
Vol.
Vol.
Vol.
Vol.
vi. p. 123.
iv. p. 11.
iv. p. 64
vii. p. 129
Vol.vi. p. 137.
Vol.
p. n.
Vol. V. p. 39
LIST OF PAPERS. 133
PAPERS READ BEFORE THE N. S. HISTORICAL SOClEntY.— (Continued).
Date.
1887.
Jan. 14
Feb. 3
Mar. 3
Mar. 16
Apr. 7
Apr. 7
Nov. 10
Dec.
1888.
Jan. 30
Vinland Hon. L. G. Power .
Early Reminiscenes of Halifax, Part II .... P. Lynch, Esq .
Early History of St. George's Church, Pt. II Rev. Dr. Partridge . ,
Acadian Boundary Disputes and the Ash-
burton Treaty
Colonist Plants of Nova Scotia Dr. Geo. Lawson .
Memoir of John Clarkson, by his brother.
(the celebrated) Th OS. Clarkson .
A Study of ' 'Sam Slick' '
Early Journalism in Nova Scotia . . . ,
John E. Orpen, Esq .
Feb. 24
Feb. 29
Mar. 27
Apr. 10
Nov. 13
Dec. 20
1889.
Jan. 15
lilar. 12
Apr. 9
Nov. 12
Dec. 10
1890.
Feb. 13
Nov. 18
Dec. 9
1891.
Jan. 10
Jan. 15
Jan. 20
Feb. 10
Mar. 20
Nov. 10
1892.
Jan. 12
Feb. 9
Nov. 8
Dec. 13
Statement with reference to "French Cross
at Alyesford
The settlement of the early Townships, Il-
lustrated by an old census ID. Allison, Esq., Ll.D
T.'C. Haliburton, Writer and Thinker IF. B. Crofton, Esq . .
The Aroostook War C. G. D. Roberts, Dr .
Howe and his contemporaries jHon. J. W. Longley .
The LoyaUsts at Shelbume |Rev. T. W. Smith . .
Photorgraphs on Rocks at Fairy Lake iGeo. Creed, Esq
North West Territory and Red River Expe- |
dition Lt.-Col. Wainwright .
The Early Settlers of Simbury County .
Memoir of Governor Paul Mascarene . . .
Whbnce Obtained.
[Published in
Collections.
Hon. Sir A. Archibald
F. B. Crofton Esq ..
J J. Stewart. Esq . . .
VoLvii. p. 17.
Vol. vii. p. 73.
Vol. vi. p. 17.
VoL vi. p. 91.
Legends of the Micmac Indians
United Empire Loyalists
Inquiries into the History of the Acadian
District of Pisiquid
History of Beaubassin
Early Reminiscenes of Halifax, Part HI .
An Historical Note on ' 'John Crowne' ' .
James Hanney, Esq.,
St. John, N' B . . . .
J. Mascarene Hub-
bard, Boston
Rev. S. T. Rand . . . .
C. F. Eraser, Esq . . .
H. Y. Hind .
Judge Morse, Amherst
P. Lynch, Esq ....
Prof. A. McMechan
Agricola by Joe Howe, Sketche Sydenham Howe .
Richard John Uniacke |Hon. L. G. Power . .
The Portuguese on the North East Coast of | Rev. Geo. Patterson
of America, and the first Etu-opean set-
tlement there
Facts and enquiries concerning the origin
and early history of Agricultiire in No-
va Scotia .'
Reminiscenes of Halifax, Part IV
Vol. vii. p. 45.
Vol. vi. p. 53.
..I Vol. ix. p. 73.
Prof. Geo. Lawson,
Peter L>-nch. Esq., Q.d,
Extracts from Old Boston Papers jMiss Eliza Frame .... (Synopsis, Halt
fax Herald,
Jan. 13, '92.
Hooijed Cannon found at Louisburg iRev. Geo. Patterson, . I Mentioned in
D. D [ Herald.
Synopsis, Halt
-fax Herald,
Nov. 9, '92.
IN.S.H.S.
Coll. voLIX,
Journal kept by Rev. Dr. Mather Byles in iHon. W. J. Almon .
London, 1784
I
Chapter in History of Onslow Ilsrael Longworth . . . -
134 NOVA SCOTIA HISTORICAL SOCIETY,
PAPERS READ BEPORETHE N. S. HISTORICAL SOCmtY— (Continued).
Date.
Title.
1893.
Jan. 10
Peb. 14
Apr. 27
July 28
Nov. 14
Dec. 12
1894.
Feb. 13
Mar. 20
Nov. 27
1895.
Jan. 22
Rambles Among the Leaves of my Scrap-
Book
The Log of a Halifax Privatteer in 1757.
Sir William Alexander and Scottish At-
tempt to Colonize Acadia
' 'Royal William' ' Steamship
Voyages and Discoveries of the Cabots .
Recollet Fathers in Canada
Critical Observations on Evangeline
Origin and History of Names of Places in
Nova Scotia
I.ouisburg .
Irish Discovery of America .
Feb. 12|History of the Dockyard, Halifax .
Mar. 12|Early Military Life in Halifax
Dec. 12
1896.
Feb. 11
Apr. 23
1897.
Apr. 13
Nov.
Dec. 14
Early Life in Halifax .
French Protestants in Nova Scotia .
Historical Gleanings
1898.
Jan. 21
Feb. 17
Mar. 15
Asx. 12
Nov.
Dec, 13
History of Wilmot and Aylesford
Reminiscenes of N. W. RebelUon in 1885.
Loyalist Makers of Canada
Author.
W. H. Hill
Archd. MacMechan . .
Rev. Geo. Patterson,
D. D
Sir Sandford Fleming
Rev. Moses Harvey .
Geo. Patterson, M. A.
F. Blake Crofton .
Rev. Geo. Patterson,
D, D
J, Plimsoll Edwards.
Hon. L. G. Power . . .
Ch arles Stubbing . .
W. H. HiU
W. L. Brown
Rv. G. Patterson, D.D
Dr. H, Y. Hind
Rv. E M Saunders D.D
Rv. D. M. Gordon,
D. D
Sir J. G. Bourinot
Scottish Immigrants to Cape Breton .
Benj. Marsden of Marblehead
Slavery in the Maritime Provinces .
Early French Missionaries at Port Royal . . .
History of the Co rts of Judicature of N. S
History of the Law and Courts of N, S
Where
Printed.
Acadiensis, Ju-
ly, 1892.
R. S. C.
Vol. X. p. 93.
Hfx. Herald,
July 29, 1893.
N. S. H. S. Coll
Vol. IX.
Synopsis, Hfx.
Herald, Dec. 13
•93,
Dom. Illus'd,
Xmas. No.
Synopsis in Hf.
Herald, Max.
21, '94.
N.S.H.S. CoU.,
vol. IX,
Synopsis in Hx
Herald Jan. 23,
'95
N.'S. H. S. Col
Vol. XIII.
Synopsis in H«
HWMkr, 13 94
N. S. H.S Col-
lections, vol.
XIII,
R. S. C.
Hfx. Herald,
Apr. 24, 1896.
Queen's
Quarterly.
R.S.C., Hfx.
HWDecl5. 97.
Mrs. Chas. Archibald
Rev. W. O. Raymond!
Rev. T. W, Smith,
D. D
Mrs. J. M. Owen
Chf. Jus. Townshend
C. Sydney Harrington.
N. S. H. S.,
CoU., VoL X.
Can. Law Jtn
]
LIST OF PAPERS 135
PAPERS READ BEFORE THE N. S. HISTORICAL SOClE,rY .—{Continued).
Date.
TlTLB.
1899. I
Jan. 10
Jan. 17
Feb. 14
Mar. 14
June 21
Nov. 16
Dec. 12
1900.
Military History of Nova Scotia .
Origin of Nova Scoti^ns
History of Eduoation in N. S . . .
Freemasonary in Nova Scotia . . .
Hon. Edward Comwallis
Chancery Courts of Nova Scotia .
Military History of Nova Scotia.
II.
Harry Piers
Sir John Bourinot . .
Dr. A. H. MacE'ay .
Hon. Wm. Ross . . .
Jas. S. Macdonald .
Chief Jus. Townshend
Harry Piers
Feb. 13
Mar. 29Benj
Nov. 20
Dec. 11
Lord Dalhousie
jatnin Marsden . . .
Legend of Evangeline .
The "War of 1812
190L
Jan. 16
Feb. 26
Nov,
26 Tb
1902.
Feb. 11
Mar. 12
Nov. 26
Dec.
1903.
Jan. 23
Feb. 10
Mar. 10
Apr. 14
Dec. 16
1904.
JVi. 12
Mar. 16
Governor Lawrence .
Capture of St. Pierre, 1793.
' e Real Acadians ,
Lord Charles Greville Montague
Notes on Northern portion of Queens C'nty
Hon. Alex. Stewart
John Cabot
Relations and Conditions of Halifax diu-ing
Revoluntionary "War
Hon. Joseph Howe
Periodicals of the Ma ritime Provinces from
the Earliest Times to the Present
Rev. John "Wiswell and his Times
History of St. Matthew's Church, Halifax .
Richard Bulkeley
Notes on Nova Scotia Privateers .
Apr. 6|Duke of Kent .
Dec. 6 Old Time Customs .
1906
Jan. 11
Mar. 28
Dec. 5
1906.
Jan. 23
Mar. 13
Dec. 11
Accoimt of Celebration of Ter-Centenary of
DeMonts' Landing at AnnapoUs
Sir Samuel Cunard
Halifax in Literature
Lt.-Gov. Francklin
Sir Guy Carleton
Washington Treaty, 1871 .
Author.
Archd. MacMechan . . ,
Rev. "W. O. Raymond.
Rev. Dr. Brock
Dr. Hanntay
Jas. S. Macdnoald
Rev. T. "W. Smith....
Archd. MacMechan . .
E. F. Hart
R. R. McLeod
Chief Jus. Townshend
Senator Poirier
Miss Emilv "Weaver.
F. Blake Crofton
D. R. Jack, St. John.
Rev. E. M. Satmders,
D. D
Prof. "W. C. Murray . .
Jas. S. Macdonald .
Geo. E. E. Nichols .
A. Martin Payne .
J. B. Calkin
Mr. Justice Longley.
A. Martin Payne . . .
Archd. MacMechan .
Jas. S. Macdonald . . .
Dr. Geo. Johnstone. .
Mr. Justice Longley.
Where
Printed.
N. S. H. S.
Coll., Vol. XII
N. S. H. Coll..
Vol. XL
N. S. H. S.,'
Coll., Vol. XII.
Coll., Vol. XIV
The Atlantic
Monthly,
Feb., 1907
Amer. Hist.
Review.
Acadtensis.
N. S. H. S. CoU
Vol. XIII
N.S. H.S. Coll.,
Vol. XII.
N.S. H.S. Coll.,
Vol. XIII.
N.S. Coll..
Vol. XIV.
Acaddiensis,
April, July,
1906.
Author's M. S
History of
Canada.
136 NOVA SCOTIA HISTORICAL SOCIETY.
PAPERS READ BEFORE THE N . S . HISTORICAL SOCIETY.— {Continued) .
Date.
Subject.
1907.
Mar. 1
Apr. 9
May 14
Nov. 12
Dec. 10
1908.
Jan. 14
Feb. 25
Mar. 24
Apr. 211
Nov. 10
Dec. 8
1909.
Jan. 1
Jan. 1
Mar. 9
Mar.
Nov.
Dec. 14
1910.
Jan. li
Mor. 8
Apr. 12
Gov. Parr and the Loyalists . . . .
Governor DesBarres' and ydney .
History of Beasejour .
Existing historic relics of the Town of Lun-
enburg
Sir Geo. Prevost
The Militia of Nowa Scotia, 1749-1830.
John Young, (Agricofia) the Junius of N. S . .
Letters of S. G. W. Archibald. 1800 and 1820
Customs of the Micmac Indians
Louisburg, a notable ruin
Fisheries of British Nprth America and the
United States Fishermen
Ancestry of Chinese Gordon
Early settlers of Lunenbiu-g
Ancestry of the late Sir W. Fenwick Wil-
liams of Kars
Sea Fights, gleaned from Prov. Archieves .
United Sattes Loyalists
S. African campaign and Ca Contingent
Jas. S. Macdonald .... N.S. H.S. Coll
I Vol. XIV.
Rev. C. W. Vernon ...
W. C. Milner I
Miss Agnes Creighton I
Jas. S. Macdonald . .
Capt. Jas. Cooke, R. N Lt. J. A. R. Jones .
Lt. Gov. Michl Franklin (2nd paper) Jas. S. Macdonald .
Memorials of Grand Pre and Basin of Minas Dr. Geo. Johnson .
From Whence.
Where to be
FOUND.
Major J. Plimeoll Ed
wardes
John Ervin
Judge Patterson ....
H. W. Hewitt
John S. McLennan . .
Mr. Justice Graham .
Dr. R. C. Archibald . .
Rv. John Forrest D. D
A. W. Savary (Judge)
John Mullane
Theodore H. Boggs .
Mj. H. B. Stairs . . . .
Pub. by Soc'y.
Special
Pub. in vol.
XIV., transac-
tions of Soc'y.
iJsriDEix:
"AcADiANS, French, marched with mil-
itia to take part in defence of
Halifax, 103;
settled in N. S., proved loyal dur-
ing the war, 102.
Alligator, H. M. S., brought in French
prizes, April 30, 1793, 81.
B
Bagley, Captain Jas., ship seized by
prisoners, carried to St. Ma-
lo, 95.
Bute, Lord, and colleagues charged
with bribery, 85-86;
aided French efforts to secure foot-
ing in Canada, 84.
Charitable Irish Society estab-
lished, 66.
D
DansviIiLE, Govebnor of St. Pierre,
resided for a number of years
at Dartmouth, 90.
DeMonts tercentenary, first landing
of Europeans 1604, 107;
suggested by people of Annapolis
Royal, 107;
representatives of France, U. S.,
Great Britain, Canada, &c, 112
and 113;
programme and addresses 21 June,
1904, 114.
Dorchester, Lord, and suite visit
Halifax, 68.
Falkland, Lord, sent report to Lord
John Russel, 12.
Fanning, Edward, arrived 1783,
sworn in as Lt.-Gov., 55;
built house at Point Pleasant, 62.
Finucane, Chief Justice, sent to settle
dissatisfaction at Parr Town
56-57;
died 1785, 62.
Fisheries of British North America.
Confederation of provinces, pass
protection of fisheries to fed-
eral parliament, 21;
documents, extracts from, 36-39;
federal parliament voted $150,000
for protecting fisheries, 27;
issued instructions, 16 March,
1886, 28;
denied claim of U. S. consul
general, 28;
same claim repudiated by Hon .
Jos. Howe, 28;
Ghent, treaty of, 8 Aug. 1814, 3;
law officers opinion that war
of 1812 terminated treaty
of 1783, 3;
fishery questions left open in
treaty, 3;
Independance, war of, closed
1783, 1;
treaty concluded, admitting
some U. S. claims, 2;
treaty objected to, by British
colonists, 2;
Licenses to U. S. fishermen gran-
ted from 1866-1869, 21;
Licensing system, following abor-
tive Washington treaty, 33;
Paris treaty, of 1763. Fisheries
along shores, ceded by France,
with the land, 1;
Reciprocity treaty, 1854, condi-
tions prior to, 16;
delegates of Canada, and mari-
time provinces, meet at Tor-
onto, 17;
H. M. gov't, promise steam-
ers, for protection of fisheries
18;
Lt.-Gov., asked to stay negocia-
tions, surrendering fishing
privileges, 19;
(137)
138
NOVA SCOTIA HISTORICAIy SOCIETY.
Fisheries — Continued.
memorial to Queen, that fish-
ery restrictions, be preserv-
ed, 19;
Treaty signed, 5 June 1854, termi-
nated bv U. S. gov't., March,
1866, 21;
Treaty or convention of 18 IS.
Article one, on which most
other treatie sare based, 5-6;
British parliament, give effect
to treaty, 7;
council and assembly of N. S.
address Sovereign, for regu-
lations under imperial act, 7;
Falkland, Lord, sent to Lord
John Russell report of com-
mittee on fisheries, and case
for law officers, 12;
Johnston, Hon. J. W., report
to British government, 14;
law officers, uphold contention
of N. S. gov't., 12;
orders in council, 15 June and
5 July, 1836, raotify provin-
cial act, 9;
Palmerston, Lord, referred ap-
peal of American minister in
England to Lord Falkland,
11;
provincial legislature pass fish-
eries act of 1836, 8;
report of committee of N. S.
legislature 10 April, 1837 o
infringeent of treaty by U.
S. fishermen, 9;
extract from, 36;
Stanley, Lord, upheld treaty,
except as to Bay of Fundy,
\5;
United States, decisions as to
Chesapeake and Delaware
bays, 16;
War of 1812, memorial from N. S.
gov't., asking H. M. ministers
to exclude foreign fishermen
from inshore fisheries, 2;
Washington, treaty of, 1871, be-
came effective July, 1873, 23;
commission to determine com-
pensation to Gt. Bn., 23;
commission met at Halifax,
June, 1877, 24;
fishery articles terminated by
U. S., 1885, 26;
Fisher ies — Continued.
conditions after termination,
27;
Washington, treaty of 1888, com-
mission appted, 32;
provisions of treaty, 32-33;
signed 15 Feb., 1888, rejected
by senate, 32-33;
Franklin, James Boutineau, appoin-
ted clerk of house of assem-
bly, 64;
Lt.-Gov., disappointed, 46;
French civilian prisoners from St.
Pierre, detained in Halifax,
100.
naval officers and seamen cap-
tured in prizes brought back
to Halifax, 101 .
officers and seamen removed by
cartel, 101.
prisoners well treated, but offi-
cers induced discontent in civi-
lians, 101.
G
German Society established, 66;
Getsham, Capt., ship seized by prison-
ers, and taken to St. Malo, 95;
Graham, Hon. Wallace, Fisheries
of B. N. A., and U. S., fisher-
men, 1;
H
Haliburton, Dr. John, elevated to
council, 68;
Halifax . Bread scarce but rum plen-
tiful, 75;
grand ball and dinner at Pontac,
1786, 66;
improvement in city, 72;
petition for charter of incorpora-
tion refused, 63;
visits of Prince William Henry,
67-70;
Hammond, Lt.-Gov., disappointed,
46.
High German Society established
during Parr's governership, 66;
Hill, Rev. Geo. Wm., M. A., D. C. L.,
in memoriam, 106;
Hill, William Hy., in memoriam, 106.
How, Edward, appointed justice of
inferior court of common pleas,
for Annapolis county, 64.
INDEX.
139
Howe, Hon. Jos., secured co-opera-
tion of provinces, 1851, 17;
Indian festival of St. Aspinquid, 55*
Inglis, Dr. Charles, consecrated Bish-
op of N.S., 11 Aug., 1787, 69;
urged that steps be taken by gov-
ernment against the prevailing
vice and irreligion, 73.
Johnston, Hon. J. W., sent report on
fisheries to British gov't., 14.
Justice, administration of, in superior
courts impugned, 74-75.
Laws severe for minor offenses, 64.
Loyalists. Annapolis, Digby, Shel-
bume and Guysboro, received
many refugees in 1783, 52.
Loyalists. Governor energetic in as-
sistance and settlement, 1776-
1783, 47;
governor wrote Lord North, that
4000 refugees needed shelter and
food, Jan. 1784, 56;
influx of refugees taxed resources
of province, and powers of gov-
ernor and council, 47;
manifesto of Boston republicans,
1780, 48;
merciless treatment by Boston
people, 53;
party feeling between loyalists and
old inhabitants, 74;
Simsbury mines, Connecticut, used
as prison, 50;
States laws defined a traitor, 48, 49
States repudiated solemn guaran-
tee of congress, 48;
2000 loyalists and 400 negroes,
arrived from N. Y., needing
shelter and food, Nov. 1783, 54;
3000 negroes, came with loyal-
ists, 57;
M
Macdonald, James S. Memoir of
Gov. John Parr, 41.
Macormick, Lt.-Gov., arranged with
Lt.-Gov. Wentworth for re-
moval of St. Pierre emigrants
from C. B , 98
Montagu, Rear Admiral, took St*
Pierre, 1778, and sent the in-
habitants to France, 84.
N
Negroes, shipped to Sierra Leone,
76;
400 arrived from New York, 54;
3000 came with loyahsts, 57.
North British Society founded, 1768,
61;
dinner at Great Pontac, 62.
Nova Scotia . Created an episcopal see
in 1787, 69;
progress during Parr's administra-
tion, 66;
prospering in 1786, 65;
province divided, 58;
long parliament, 59;
Mases' report of population, 1783-
4,57.
Nova Scotia provincial gov't. ap>-
pointed a day of fasting and
prayer, 81;
provincial gov't, directed sheriffs
to proclaim war, 81.
Nova Scotia Historical society re-
quested to take charge of cele-
bration of DeMonts tercen-
tenary, 107.
Palmerston, Lord, appealed to by
American minister, 11.
Parr, Governor John. Ancestry, birth,
education, and experience in
20th regt., and marriage, 41-
45;
appointed major of the tower of
London, 45;
appointed governor of N. S., 13
July, 1782, 45;
arrived at Halifax 8 Oct. 1782,
sworn in as governor and com-
mander-in-chief, 45;
appearance, 45;
baronetcy offered, which he begged
leave to refuse, 65;
died, 25 Nov., 1791, 76;
descendants, 77;
energetic in assistance and settle-
ment of loyalists, 1776-1783, 47;
funeral of, 29 Nov., 1791, 76;
grant of £500, towards entertain-
140
NOVA SCOTIA HiSTORICAIv SOCmTY.
Parr — Continued .
ment of strangers, 60;
made repeated visits to different
settlements, 73;
last meeting of council, attended by
governor, 17 Nov., 1791, 76;
last governor and captain general
of N. S., 1786, 64;
JParr Town, N. B., settled, 1782-3,
56;
portrait, particulars of, 130;
progress of N. S., during Parr's
administration, 66;
visited Port Roseway, inspected
town, appointed ofScers and
named settlement Shelburne,
53;
recommends additional representa-
tion in house of assembly, 58;
worked well with his council, 46;
energetic in assistance and settle-
ment of loyalists in 1776-1783,
47;
wrote Lord North in June, 1784,
that 4000 refugees needed shel-
ter and food, 56;
Parr Town, N. B., settled in 1782-3,
56;
chief justice Finucane, sent to settle
dissatisfaction, 56-57.
Peace proclaimed with U. S. A.,
30 Nov., 1782, 47.
R
Regiments disbanded, 60.
Richery, Admiral of the French fleet,
biirned buildings remaining at
St. Pierre, 93.
Roman Catholics, disability acts re-
pealed, 1783, 59.
St. Georges' Society established
during Parr's term of office,
66.
St. Pierre, "a bit of old France", 82;
ceded by British at Treaty of Paris
as a French port of refuge, 83;
exiles manned a privateer at N. Y.,
102;
French training place of hardy sea-
men, 83;
French officials, soldiers and inhab-
itants held prisoners, 88;
St Pierrie — Continued.
head quarters of French bank fish-
ery, 82;
families carried to Shelburne and
Liverpool, 97;
prisoners allowed to leave in their
boats, 96;
re-occupied by French after revo-
lutionary war, 84;
surrendered without firing a gun,
88;
Scottish Guild of Merchants founded
1761, absorbed by North Bri-
tish Society, 61;
Seitz, Baron de, died, 1784, 60;
Sigogne, Abbfe, appointed French
priest, 1799, among the aca-
dians of western N. S., (note),
103:
Smith, Rev. T. Watson . Halifax and
capture of St. Pierre, 1793,
80.
Stanley, Lord, upheld treaty, 15.
Uniacke, Jas. B., chairman of com-
mittee of N. S., legislature, 9.
W
Wentworth, Lt.- Gov., announced
war declared by French re-
public, 1 Feb. 1793, 80;
Cornwallis barracks, where prison-
ers were placed, 89;
French officers, captured in prizes,
sent away in cartel, 102;
Lt.-Gov., forwarded memorial ask-
ing for a French priest, 1796, 103.
granted letters of marque or com-
missions of privateers, 80;
instructions to collector at Shel-
burne, as to treatment of French
prisoners, 97;
and to collector at Liverpool, 97;
modified instructions, respecting
prisoners on the islands, 92;
prisoners, at Halifax, well treated,
93;
instructed to raise provincial regi-
ment, he to be colonel, 80;
removed acadians in C. B., to suit-
able places along the shores of
N. S., 99;
INDEX. 141
Wentworth — Continued. Went worth — Continued .
reports to Duke of Newcastle in oners, 90.
1794, that removal will be to the writes Duke of Portland, that
public good, 100; French were useful, and con-
sent remainder of St. Pierre prison- tented, 100.
ers by cartel, 1797, 102; Whale fishery established, 1784, 59.
with Brig. Gen'l. James Ogilvie, William Henry, Prince, visited Hali-
prepared to attack St. Pierre fax, 1786-7, 67-70; ^
and.Miquelon, 81; legislature voted £700 for enter-
worried by charge of French pris- tainment, 71;
COLLECTIONS OF THE NOVA SCOTIA HISTORICAL
SOCIETY.
Voiv.
I. Inaugural Proceedings. History of St. Paul's Church
(/). Journal of Colonel John Nicholson at the Cap-
ture of Annapolis. An Account of Nova Scotia in 1743.
Diary of John Thomas. OUT of print.
II. Proposals for Attack on Nova Scotia. The First Coun-
cil Journal of John Witherspoon. History of St.
Paul's Church {II, III). Rev. James Murdoch. Sir
Alexander Croke. The Acadian French. OUT oF print.
III. History of St. Paul's Church {IV). Journal of Col-
onel John Winslow. Government House.
IV. Hon. Samuel Vetch. Winslow's Journal at the Siegs
of Beausejour.
V. The Expulsion of the Acadians. Gordon's Journal at
the Siege of Louisburg, 1758. out of print.
VI. Acadian Boundary Disputes and the Ashburton Treaty.
The Loyalists at Shelburne. Early Journalism in Nova
Scotia. King's College. History of St. George's Church
VII. V inland. General Return of Townships, 1767. His-
tory of St. George's Church {II). Letters relating to
Harrison, Anwyl, Tutty. Deportation of Negroes to
Sierra Leone.
VIII. History of Halifax City, by Thomas Beamish Akins.
138 THE NOVA SCOTIA HISTORICAL SOCIETY.
Vol.
IX. Voyages arid Discoveries of the Cabots. The Township of
Onslow. Richard John Uniackd. Ships of War Lost on
the Coast of Nova Scotia and Sable Island. Louisbourg;
— an Historical Sketch.
X. The Slave in Canada, by Rev. T. Watson Smith, D. D.
XI. The War of 1812, by James Hannay.
XII. Hon. Edward Cornwallis. Governor Lawrence. Richard
BtUkeley, three portraits, by Jas. S. Macdonald.
XIII. Rev. John Wiswall. Recollections of Old Halifax. H.M.
Naval Yard, Halifax. Nova Section Privateers.
XIV. Tercentenary Celebration of the Founding of Annapolis.
The British North America Fisheries and the United
States Fishermen. Capture of St. Pierre, 1793. Gov-
ernor Parr with portrait and Hatchment.
COLLECTIONS ^
OP THE
£o\)u Scotia J^i^xital ^otittv
VOLUME XV.
HALIFAX, N. S.
Wm. Macnab & Son,
1911
d"^.
\
/
CONTENTS.
t>
Title Page,
PAGE
i
Contents,
iii
Objects of Collections,
V
Act of Incorporation,
vii
Act Amalgamating Collections, Management, etc..
viii
Rules and By-laws,
ix
Officers and Members, — 1910,
xi
Ust of Presidents,— 1878-1910,
3dv
List of Vice Presidents,— 1878-1910,
XV
Council,— 1878-1910,
xvi
Papers,
Memoir Hon. Alex. Stewart, C. B., with portrait.
By Chief Justice, Sir Chas. J. Townsend, Kt. 1
Memoir Beausejour, with Maps and Portraits. By
W. C. Milner. 1
Nomenclature of the Streets of Halifax, and portraits.
By Rev. Dr. G. W. Hill, D. C. L. 1
Papers read before the Society, 1878-1911 23
Index, 29
Collections of Nova Scotia Historical Society, Vols. I to
XV., List of 34
'i
OBJECTS OF COLLECTIONS.
1. Manuscript statements and narratives of pioneer sett-
lers, old letters and journals relative to the early history and
settlement of Nova Scotia, New Brunswick, Newfoundland
and Prince Edward Island, and the wars of 1776 and 1812; bio-
graphical notes of our Indian tribes, their history, character-
istics, sketches of their prominent chiefs, and warriors, to gether
with contributions of Indian implements, dress, ornaments
and curiosities.
2. Diaries, narratives and documents relative to the Loyal-
ists, their expulsion from the old colonies and their settlement
ia the Maritime Provinces.
3. Files of newspapers, books, pamphlets, college cata-
logues, minutes of ecclesiastical conventions, associations, con-
ferences and synods, and all other publications, relating to this
Province, New Brunswick, Prince Edward Island and New-
foundland.
4. Drawings and descriptions of our ancient mounds and
fortifications, their size, representarion and locality.
5. Information respecting articles of pre-historic antiqui-
ties, especially implements of copper, stone, or ancient coins or
other curiosities found in any of the Maritime Provinces, to-
gether with the locality and condition of their discovery. The
contribution of all such articles to the cabinet of the society
is most earnestly disired.
6. Indian geographical names of streams and localities,
with their signification, and all information generally respect-
ing the condition, language and history of the Micmacs, Mali-
S es and Bethucks.
Vi NOVA SCOTIA HISTORICAL, SOCIETY.
7. Books of all kinds, especially such as relate to Canadian
history, travel, and biography in general, and Lower Canada
or Quebec in particular, family genealogies, old magazines,
pamphlets, files of newspapers, maps, historical manuscripts,
autographs of distinguished persons, coins, medals, paintings,
portraits, statuary and engravings.
8. We solicit from historical societies and other learned
bodies that interchangei of boeks and other materials by which
the usefulness of institutions of this nature is so essentially en-
hanced,— pledging ourselves to repay such contributions by
acts in kind to the best of our ability. -■.;-;< r-i
9. The Society particularly begs the favor and compli-
ments of authors and publishers, to present, with their auto-
graphs, copies of their respective work for its library.
10. Editors and publishers of newspapers, magazines and
reviews, will confer a lasting favor on the Society by contri-
buting their publications regularly for its library, where they
may be expected to be found always on file and carefully pre-
served. We aim to obtain and preserve for those who shall
come after us a perfect copy of every book, pamphlet or pap-
er ever printed in or about Nova Scotia, New Brunswick, Prince
Edward Island and Newfoundland.
11. Nova Scotians residing abroad have it in their power
to render their native province great service by making dona-
tions to our library of books, pamphlets, manuscripts, etc., bear-
ing on any of the Provinces of the Dominion or Newfoundland.
To the relatives, descendants, etc., of our colonial governors,
judges and military officers, we especially appeal on behalf of
our Society for all papers, books, pamphlets, letters, etc., which
may throw light on the history of any of the Provinces of the
Dominion.
^^'
ACT OF INCORPORATION.
CHAPTER 87.
Section. Section.
1. Incorporation. 3. Property vested in cor-
2. May hold real estate. poration.
An Act to incorporate the Nova Scotia Historical Society.
(Passed the 17th day of April, A. D., 1879).
Be it enacted by the Governor, Council, and Assembly, as
follows :
1. The Honourable John W. Ritchie, the Reverend Geroge W.
Hill, the Reverend Thomas J. Daly, the Honourable William J.
Almon, Thomas A. Ritchie, WilUam D. Harrington, George E.
Morton, and John T. Bulmer, and their associates, members of the
Nova Scotia Historical Society, and such other persons as shall be-
come members of such society, according to the rules and by-
laws thereof, are hereby created a body corporate by the name
of the Nova Scotia Historical Society.
2. The said corporation may purchase, take, hold, and en-
joy real estate not exceeding twenty thousand dolars in value,
and may sell, mortgage, lease, or otherwise dispose of the same
for the benefit of the corporation.
3. Upon the passing of this act the property of the said Nova
Scotia Historical Society, whether real or personal, and all debts
due thereto, shall vest in the said Nova Scotia Historical Sodetv
hereby incorporated.
VIU NOVA SCOTIA HISTORICAL SOCIETY.
AN ACT.
To provide for the Amalgamation of the Library of the Nova
Scotia Historical Society with the Legislative Library
and the Management of the Joint Collection.
(Passed the 10th day of April, A. D., 1881.)
Be it enacted by the Governor, Council, and Assembly as
follows :
1. The Library of the Nova Scotia Historical Society shali
be amalgamated with the Legislative Library of Nova Scotia,
and the regulation and management of the Joint Collection and
any additions that may be made thereto is hereby vested in a
commission of nine persons to be called the Nova Scotia Library
Commission, of whom the Lieutenant-Governor of the Province
for the time being shall ex officio be one, and the remainder of
whom shall be appointed annually, one half by the Nova Scotia
Historical Society and the other half by the Governor in Council.
2. The Lieutenant-Governor for the time being shall be ex
officio the President of the Commission.
3. ^lould the Nova Scotia Historcal Society at any time
fail to appoint any or all of the Commissioners whom said So-
ciety are hereby authorized to appoint, the rights and powers
vested by this Act in the Commission shall devolve upon the
other members of the Commission.
4. The Librarian shall be appointed by the Governor in Coun-
cil, and shall be such person as the Commissioners shall nom-
nate, and shall hold office during good behaviour.
5. The Commissioners may make bye-laws from time to time
for the regulation and management of the Library and prescrib-
ing all matters necessary for the control thereof, but such bye-
laws shall not go into force until approved by the Governor ia
Council.
6. The Commission shall make an annual report of the ex-
penditure, the general state of the Library, and on all such mat-
ters in connection therewith as may be required by the Govern-
or in Council, which report shall be laid upon the table of each
branch of the Legislature during the session.
RULES AND BY-LAWS-
Revised May 27, 1910.
1. The Sodety shall be called the Nova Scotia Historical
Society.
Objects.
2. The objects of the Society, shall be the collection, and
preservation of all documents, papers and others object of in-
terest which may serv^e to throw Ught upon and illustrate the
history of this country, the reading at the meetings of the Society,
of papers on historical subjects, the publication, as far as the
funds of the Society will allow, of all such documents and paper
as it may be deemed diserable to publish, the formation of a lib-
rary of books, papers and manuscripts, affording information,
and illustrating historical subjects.
Members.
3. The membership shall consist of Ordinary, Life, Corres-
ponding and Honorary Members. The Ordinary or resident
members, shall pay at the time of admission, an entrance fee of
Five Dollars, and Two Dollars after each succeeding annual
meeting. The Ordinary Members residing outside the Umit of
15 miles from the city, may become members on payment of
Two Dollars entrance fee, and One Dollar annually thereafter.
Any Ordinary Member may become a Life Member by the payment
of Forty Dollars. The Corresponding and Honorary Members,
shall be elected by the unanimous vote of the Society, and are
exempt from all dues.
4. Candidates for membership may be proposed at any
regular or special meeting of the Society by a Member. The pro-
position shall remain on the table for one month, or until the
next meeting, when a ballot shall be taken, one black ball in
five excluding. No person shall be considered a member until
his entrance fee is paid, and if any member shall allow his dues
to remain unpaid for two years, his name may be struck from
the roll.
x nova scotia historical society.
Meetings, Office-bearers, Etc.
5. The regular meetings of the Society shall be held at 8
p. m., on the first Friday of each month, from November to May,
both months inclusive, and special meetings may be convened on
due notification of the President, or in case of his absence, by the
Vice-President, or on the application of any five members.
6. The annual meeting of the Society shall be held at 8
p. m., on the first Friday of April, at which meeting there shall be
chosen a President, three Vice-Presidents, a Corresponding
Secretary, a Recording Secretary, a Treasurer, and two Auditors,
and a Council of four members, who with the foregoing shall
constitute the Council of the Society. The election of members
to serve on the Nova Scotia Library Commission, imder the pro-
visions of Chapter 17, N. S. Acts of 1880, shall take place at the
annual meeting, immediately after the election of ofl&ce-bearers
and Council.
7. All communications which are thought worthy of pre-
servation, shall be minuted in the books of the Society and the
originals kept on file.
8. Seven members shall be a quorum for all purposes at or-
dinary meetings, but at the annual meeting, in April, ten members
shall form a quorum.
9. No article of the constitution nor any by-law shall be alter-
ed at any meeting when less than ten members are present, nor
unless the subject has either been discussed at the previous
meeting, or reported on by a committee appointed for that purpose.
10. The duties of the Office bearesr and Council shall be the
same as those performed generally in other Societies.
11. The Publication Committee shall consist of four mem-
bers and shall be appointed by the Council, to them all manu-
scripts shall be referred, and they shall report to the Council
before publication.
Election of Officers.
12. All elections of ofiicers shall be made by ballot, and a
majority of those present shall be required to elect.
OFFICERS AND MEMBERS
OP THE *^
NOVA SCOTIA HISTORICAL SOCIETY
1911.
President:
James S. Macdonald.
Vice-Presidents :
Mr. Justice Longley, Ven. Archdeacon Armitage-
Dr. M. a. B. Smith.
Corresponding Secretary:
Harry Piers.
Recording Secretary:
W. L. Payzant.
Treasurer:
R. J. Wilson.
Council:
G. E. E. Nichols, G. W. T. Irving.
Prop. Arch. MacMechan, A. H. Buckley.
Library Commissioners:
Rev. Principal Forrest. Dr. A. H. MacKay.
J. H. Trepry. Prop. Arch. MacMechan.
Publication Committee:
Jas. S. Macdonald. Dr. H. H. Read. Harry Piers.
Prof. Arch. MacMechan.
Auditors :
G. E. E. Nichols. W. I^. Brown.
xu
NOVA SCOTIA HISTORICAL SOCIETY.
MEMBERS.
Akmitagb, Vbn. Archdeacon.
Alhon, Rbv. Canon.
Almon, Dr. W. Bruce.
Archibald, Charles.
Archibald, R. C, (Cambridge, MassJ.
Armstrong, Hon. J. N., (North Sydney).
Archibald, Mrs. Chas.
Bissett, F. W.
Brown, R. H.
Bowes, F. W.
Brown, W. L.
Buckley, A. H.
Bbll, Adam Carr., (New Glasgow).
Baker, Geo. Prescott, (Yarmouth).
Barnes, H. W.
Browne, Rev. P. W.
Bryant, Herbert.
Baird, Rev. Frank, (Sussex, N. B.).
Bourinot, John C, (Port Hawkesbury).
BuRCHELL, C. J., (Sydney).
Campbell, George S.
Chisholm, Hon. C. P., (Com. P. Works)"
Cameron, H. W.
Campbell, Dr. G. M.
Campbell, Dr. D. A.
Cox. Miss Mary E., (Shelbume).
Crowe, Walter, (Sydney).
Chesley, Judge S. A., (Lunenburg).
Campbell, A. J., (Triu-o).
Chesley, A. E. H., (Kentville).
031SH0LM, Dr. Murdoch.
Chute, Rev. Dr. (Wolfville).
Curry, J. M., (Amherst).
Daniel, Hon. O. T. (Bridgetown).
Dennis, William.
DiMOCK, W. D., (Truro).
Draper, Rev. T. F., (Louisburg).
Densmore, Dr. L. D., (Sherbrooke) .
DoANB, H. L., (Truro).
DbsBarres, Rev. F. W. W., (Sackville N. B)
Drury, C. W.,Brig. Gen.
Dumeresq, S. P.
Eaton, B. H., K. C.
Edwards, J. P., (Londonderry).
Fogo, Fred. C, (Pictou).
Franklyn, Geo. E.
Forrest, Rev. Principal.
Fbnerty, E. Lawson.
Fleming, Sir Sanford.
Parish, Dr. Geo. T., (Yarmouth).
Faulkner, Hon. Geo. E.
GouDGE, Hon. M. H., (Windsor).
Gilpin, T. B., (Digby).
Hattie, Dr. W. H.
Harris, Robert E., K. C.
Howe, Sydenham, (Middleton).
Hattie, R. M.
Hewitt, H. W.
Herein, J. F., (Wolfville).
Hill, Rev. Dr. A. M., (Yarmouth).
Harrival, S. J.
Haslam, Mrs. L., (Liverpool).
Irvin, John. (Bridgetown).
Irving, G. W. T.
Irwin, Robert, M L. A.. (Shelburne)
Jost, Dr. a. C, (Guysboro).
Jones, Dr. Josiah W., (Digby).
Jones, H. L. (Weymouth).
Jack, Rev. T. C, (North Sydney).
Jameson, Clarence, M. P., (Digby).
Jack, A. M.
Kellogg, W. B.
Kelly, Dr. Fred. W., (Bridge water).
Logan, J. W.
longard, e. j.
LoNGLEY. Mr. Justice.
LocKEwooD, Dr. T. C, (Lockeport).
Lane, Chas. W., (Lunenburg).
Macdonald, Hon. Chief Justice.
Macdonald, Dr. S. D.
Macdonald. Dan. F., (Stellarton).
Macdonald, C. Ochiltree.
Maclean, Rev. J., (Norden, Mass).
Maclean, Jas. A., K. C, (Bridgewater).
Maclean, Hon. Atty-Gen., K. C.
MacMechan, Archibald, Prof.
MacLennan, Dan., K. C, (Port Hood).
McLennan, John S., (Sydney).
MacGregor, R. M., (New Glasgow).
MacInnes, Hector, K. C.
MacKay, a. H., L.L.D.
McKay, Alexander.
Macnab, John.
Macnab, Wm.
MacKay, Prof. E., L. LD.
MacCallum, J. D.
Macdonald, Commander R.N.,H.M.C.S.,
Niobe.
MacGillivray, D.
MacGregor, Lt.-Gov. J. D.
McNeil, Alex., (Washington).
Marshall, W. E., (Bridgewater).
MuLLANK, Geo.
Mills, Col. D. A., (London, England).
.Mitchell, Arch. S.
Morton, Rev. A. S.
Murray, Prof. D. A.. (Montreal).
Milner, W. C.
Matheson, D. Frank, (Lunenburg).
Martin, Com. E. H., R. N., Dockyard.
Morton, Rev. A. D., (Guysboro).
Meynell, W. B., (Louisburg).
Nichols, G. E. E.
OUTRAM, F. P.
OXLEY, COL. F. H.
Owen, D. M.
Owen, Mrs. J. M., (Annapolis Royal).
Pearson, F. J.
Pavzant, John Y.
Paint, Henry N.
Piers, Harry.
Power, J. J., K. C.
Power, Hon. Senator, L. G.
Payzant, W. L.
Patterson, Judge Geo., (New Glasgow).
Pyke, John George, (Liverpool).
Roberts, Arthur, K. C, (Bridgewater).
Robertson, T. Reginald, K. C.
Read, H. H., M. D.
Richey, Hon. M. H.
MEMBERS. Xlii
Ritchie, Gbo. Edmund A. Smith.
RoGBRS, T. Sherman, K. C. Stairs, George.
Ross, W. B., K. C. TowNSHEND, Sir Chas. J., Kt., Hon. Chief
Rudolph, H. L., (Annapolis). Justice (Wolfville).
Ross, Hon. Senator Wm. Trefry, Jas. H.
Ritchie, W. B. A., K. C. Thorne. E. L.
Rogers, Mrs. H. W., (Amherst). Tupper, Rev. Joseph Freeman, (Dartmouth).
Regan, John W. Tremain, Hadley, B., (Windsor).
Ragsdale, Jas. W., U. S. Consid-General.VAN Buskirk, Geo. E., (Dartmouth).
Ritchie, Jas. D. Vickery, E. J., (Yarmouth).
Russell, Mr. Justice. Worreu., Rt. Rev. C. L.
Shatford, a. Wellesley, (Hubbard's Cove) .Wilson, R. J.
Stewart, Rev. John (Pugwash). Woodbury, Dr. F.
Shortt, Alfred. Wylde, Col. John T.
Smttb. Rev. A. W. L. Whiddbn, C. Edgar, (Astigonish).
Smith, Dr. M. A. B. White, N. W., (Shelbume).
Smith, L. Mortimer. Weatherbe, Sir Robert L., Kt., Hon.
Sinclair, J. H., M. P., (New Glasgow). Chief Justice.
Stairs. H. B., (Montreal). Whitman, J. Handpield.
Savary, Judge, (Annapolis). Zwicker, Ed. J., (Cape North).
Saloan, David, (Truro). Zwicker, Rupert George, (Cape North).
Life Members.
Macdonald, Jas. S.
Corresponding Members.
Charles Francis Adams. (Boston).
Griffin, Dr. Martin Joseph, LL.D., CM.G.
(Ottawa).
Edmund GoLDsmD, F. R. S., (Edinbiirgh).
Rev. Dr. George Bryce, (Winnipeg).
Rbv.Arthur Wbntworth Hamilton Eaton,
— M. A., D. C. L., (New York).
Arthur G. Doughty, C. M. G., (Ottawa).
Judge D. W. Prowse, (St. John's Nfld.)
Prof. Geo. M. Wrong, (Toronto).
Prof. W. F. Ganono, (Northampton, Mass).
Robert Ward, (Bermuda).
Honorary Members.
Snt CoNAN Doyle, (London). Chas. G. D. Roberts, (London).
Dr. George Johnson, (Grand Pre). Rev. W. D. Raymond, St. John, N. B).
RbV. Dr. E. M. SAUNDER.S, LL.D. (Halifax).
PRESIDENTS,
NOVA SCOTIA HISTORICAL SOCIETY,
1878-1910.
Hon. John W. Ritchie 1878-1879
Rev. George W. Hill, D. D 1880-1881
Thomas B. Aikins, D. C. L. 1882
Rev. George W. Uua,, D. D 1883-1885
Lt.-Gov. Sir A. G. Archibald 1886-1892
U.-Gov. M. H. Richey. 1893-1895
Mr. Justice Weatherbe 1896
Mr. Justice Longley 1897-1904
Rev. John Forrest, D. D 1905-1906
Prof. Archibald MacMechan, Ph. D 1907-1909
James S. Macdonald 1910
VICE-PRESIDENTS, ^
NOVA SCOTIA HISTORICAL SOCIETY.
1878-1910.
REV. G. W. Hai., D. D 1878-1879
David Allison, D. C. L 1880-1881
Rev. Geo. W. Hill, D. D 1882
Hon. Senator W. J. Almon 1883-1889
Thomas B. Aikins, D. C. L 1890
1891
Thos. B. Aikins, David Allison,D.C.L., Mr. Justice Weatherbe
1892
Mr. Justice Weatherbe, Hon. Senator Power
Hon. M. H. Richey.
1893-1895.
Mr. Justice Longley. Hon. Senator Power.
Rev. John Forrest, D. D.
1896-1897.
Hon. Senator Power. Rev. Principal Forrest, D. D.
Dr. a. H. MacKay.
1898-1901.
Hon. Senator Power. Mr. Justice Townshend.
Dr. a. H. MacKay.
1902-1904.
W. H. Hill. Mr. Justice Townshend. Hon. Senator Power.
1905-1906.
Mr. Justice Longley. Senator Power,
Mr. Justice Townshend.
1907-1909.
Mr. Justice Longley. Senator Power.
Ven. Archdeacon Armitage.
1910.
Mr. Justice Longley. Ven. Archdeacon Armitage.
Dr. M. a. B. Smith.
COUNCIL 1878-1910.
1878.
Dr. W. J. AXMON.
Jas. S. Macdonald.
Rev. T. J. Daly.
Geo. E. Morton.
1879.
Dr. W. J. Almon.
Rev. T. J. Daly.
Geo. E. Morton.
W. D. Harrington.
1880.
Dr. W. J. Almon.
J. J. Stewart.
G. E. Morton.
Wm. Compton.
1881.
Dr. W. J. Almon.
O. E. Morton.
J. J. Stewart.
Joseph Austen.
1882.
Hon. Senator Almon.
Dr. J. R. DeWolf.
Jambs S. Macdonald.
Peter Ross.
1883.
Hon. Senator Power.
Peter Lynch.
R. J. Wilson.
Peter Ross.
1884.
Hon. Senator Power.
W. D. Harrington.
Dr. D. Allison.
F. B. Crofton.
1885.
R. J. Wilson.
Dr. D. Allison.
F. B. Crofton.
W. D. Harrington.
1886.
Sttt Adams Archibald.
T. B. AiKiNS.
Dr. David Allison.
Rkv. Dr. Forrest.
1887.
Judge Weatherbe.
Dr. D. Allison.
Peter Lynch.
Rbv. Dr. Pollok.
1888.
Peter Lynch.
Thos. Bayne.
Dr. Pollok.
Pjster Ross.
1889.
Hon. Dr. Almon.
Thos. Bayne.
Rev. T. W. Smith.
Peter Lynch.
1890.
Hon. Senator Almon.
Peter Lynch.
Dr. a. H. MacKav.
Rev. T. W. Smith.
1891.
Hon. Dr. Almon.
Dr. a. H. MacKay.
J. J. Stewart. .
Rev. T. W. Smith.
1892.
Hon. Dr. Almon.
J.J. Stewart.
Dr. Pollok.
Rev. T. W. Smith.
1893.
Hon. Dr. Almon.
J. J. Stewart.
Dr. a. H. MacKay.
Rev. T. W. Smith.
1894.
Hon. Judge Townshend.
J. J. Stewart.
Dr. a. H. MacKay.
Rev. T. W. Smith.
1895.
Hon. C. J. Townshend.
J. J. Stewart.
Dr. A. H. MacKay.
Rbv. T. .W. Smith.
1896.
J. J. Stewart.
Mr. Justice Townshend.
Rev. T. W. Smith.
Prof. A. McMechan.
1897.
J. J. Stewart.
Mr. Justice Townshend.
Prof. A. McMechan.
Rev. T. W. Smith.
1898.
Rev. Dr. Forrest.
Rev. T. W. Smith.
Prof. A. McMechan.
Rev. Dr. Saunders.
1899.
Rev. Dr. Forrest.
Rev. T. W. Smith.
Rev. Dr. Saunders.
Prof. A. McMechan.
1900.
Rbv. Dr. Forrbst.
Rev. T. W. Smith.
Rev. Dr. Saunders.
Prof. A. McMechan.
1901.
J. J. Stewart.
Rev. Dr. Saunders.
Rev. T. W. Smith.
Prof. A. McMechan.
1902.
Rev. Dr. T. W. Smith.
J J. Stewart.
Prof. A. McMechan.
Rev. Dr. Saunders.
1903.
Archibald Frame.
Prof. A. McMechan.
J. J. Stewart.
Rev. Dr. Saunders.
1904.
Rev. Dr. Saunders.
Prof. A. McMechan.
Arch. Frame.
J. J. Stewart.
1906.
Rev. Dr. Saunders.
Dr. a. McMechan.
J. J. Stewart.
Archibald Frame.
1906.
Dr. a. McMechan.
J. J. Stewart.
Archibald Frame.
Harry Piers.
1907.
J. J. Stewart.
J. P Edwards.
A. H. Buckley.
Archibald Frame.
1908.
Jambs S. Macdonald.
A. H. Buckley.
Archibald Frame.
G. W. T. IrviNG.
1909.
Archibald Frame.
A. H. Buckley.
G. W. T. IrviNG.
J. H. Trefry.
1910.
G. E. E. Nichols.
A. H. Buckley.
Dr. a. McMechan,
G. W. T. Irving.
#
HON. ALEXANDER STEWART, C, B.
MASTER OF THE ROLLS,
NOVA SCOTIA, 1865
LIFE OF HONORABLE ALEXANDER STEWART, C. B.
BY
HONORABLE CHARLES J. TOWNSHEND, CHIEF JUSTICE OF THE
SUPREME COURT OF NOVA SCOTIA.
Alexander Stewart, the subject of this memoir, was one
of Howe's cotemporaries, and for many years they worked to-
gether in the great cause of reforming the constitution of the
Province. He began the battle before Howe entered public
life. At the time Stewart was first elected to the House of Assem-
bly Howe was its reporter, and was then just at the beginning
of his distinguished career as an Editor, and Journalist. Stewart,
although highly appreciated in his day, has not in later times
received at the hands of his countrymen that credit to which
his eminent services justly entitled him. His eloquent and
masterly speeches which have come down to us, his activity,
and fearlessness in assailing existing abuses, mark him as well
worthy to be ranked with that distinguished group of Nova
Scotians, Archibald, John Young, Howe, and others who fought
the famous battle which eventually swept the Old Council of
Twelve out of existence, and gave to the Province the great
boon of Responsible Government.
It is only necessary to consult the Journals of the House
of Assembly and of the Legislative Council and the newspapers
of the day, to understand the leading and useful part taken by
him in this great controversy, and in all the principal questions
then agitating the public mind. The record of his political
life, and the temper and ability he exhibited in all the debates,
and discussions, are chronicled from day to day during the pro-
gress of the events to which they referred, and bear ample tes-
timony to the value of his services and to his upright, and fear-
less character. He was early recognized as one of the cham-
2 NOVA SCOTIA HISTORICAL SOCIETY.
pions of reform in government, and the determined enemy of
the coterie which at that time controlled the affairs of the Prov-
ince. The part he played in these constitutional, and legislative
reforms has no doubt been overshadowed by the names of some
of his able, and brilliant cotemporaries. In the different Houses
of which he was a member were several of the best speakers,
and some of the ablest men who ever took part in our public
affairs — such as S. G. W. Archibald, Halliburton, John Young
(Agricola), C. R. Fairbanks, Richard J. Uniacke, Joseph Howe,
Johnston, Wilkins and others with whom he either acted, or to
whom he was opposed. It is very probable that his name was
to a great extent lost to the public view for another reason.
Just about the time the reforms he had long advocated were
successfully accomplished under the leadership of Howe, Stewart
left the popular branch, and was made a member of the newly
constituted Legislative Council. In the course of eight or nine
years more he was elevated to the Bench, and thus entirely
withdrew from public life. Howe too, the great popular hero,
went further in the pursuit of governmental reform than Stewart
was willing to go. This led to a rupture in their political rela-
tions, and eventually to open enmity between them. Stewart
who had been hitherto the active opponent of the government
accepted a seat in the Executive Council, and vigorously opposed
the measures which Howe was advocating.
As indicating the intimate relations between them the fol-
lowing letter, the original of which is in the possession of Howe's
son will be interesting — It was written on the 2nd March, 1835
just after Howe had made his famous speech to the jury in the
great Libel Case.
Dear Howe: — I congratulate you on your splendid defence.
I hope ere to-morrow at this time that the jury will have done
their duty as well as you did yours. On the whole it was per-
formed admirably except that it was as regards the law too
deferential to the court; however nil desperandum. You have
a jury of Nova Scotians. In the meantime pray let me see your
last New Brunswick paper.
LIFE OF HONORABLE ALEXANDER STEWART. 3
Mrs. Stewart and I join in kind regards to Mrs. Howe, and
in sincerest wishes for your deliverance from the jobbing justices.
Yours truly,
(Sgd). A. STEWART.
There are but meagre details of his youth now to be gathered.
He was bom in Halifax on the 30th day of January 1794. His
father was the Rev'd James Stewart, a Presbyterian Minister,
who had recently come to the Province from Scotland. He
was the eldest of three children. A brother James became an
eminent barrister and was his partner, and a sister Elizabeth
married Silas H. Morse of Amherst, and was the mother of Lady
Tupper wife of Sir Charles Tupper. The family group was
sadly broken very early in his young life by the death of his
father leaving his widowed mother with three children in poor
circumstances to struggle with the world.
In old St. Pauls' burying ground opposite Government House
lie the remains of his father, marked by a well worn grave stone,
and near to it the grave of one of his own children who died in
infancy. Alexander received his education at the Halifax Gram-
mar School, and if one may judge by the great command of
language, the purity of diction, and ease of composition found
in his writings, and speeches, the instruction must have been
excellent, and the pupil apt and industrious. Not only was
his English of the purest and best, but his knowledge of Latin
and other branches of general education was remarkable consider-
ing the short period he was able to attend the school. As has
been said the young family were left by the father's death in
poor circumstances, and it was necessary that he, as the eldest,
should put his shoulder to the wheel and assist to maintain them.
He was first employed as a clerk in the Ordnance Department,
a situation obtained for him through the influence of friends.
He was then about sixteen years of age, and remained for some
years in this office, how long is not exactly known. He suc-
ceeded in gaining the respect, and confidence of his superior
4 NOVA SCOTIA HISTORICAL SOCIETY.
officers, so much so, that when dissatisfied with the poor pros-
pect before him, he decided to give up the position; the Head
of the Department remonstrated with him, saying, that if he
remained, he would rise to be Chief Clerk. He is said to have
replied, "that he would not remain if he could rise to be higher
"than the Chief of the Department himself." The spirit of
self reliance contained in this answer was the key note of his
future success. Leaving the Ordnance Department he entered
the service of Messrs. Boyle and Moody, at that time large West
India merchants. Mr. Moody evidently appreciated his abilities
for in a short time, young man though he was, he was taken into
partnership, and the firm became known as Moody & Stewart.
So successful were the firm in business, trading in the West
Indies and elsewhere, that after a few years Stewart was able to
retire from the firm with considerable money, enough to allow
him to devote himself to the study of the law which had long
been his cherished wish, and ambition. Hitherto for want of
means he had been unable to do so, but now having reaped the
fruits of his industry, and secured a competency he at once
commenced his legal apprenticeship. He at first became inden-
tured to a practising lawyer in Halifax named Kidston, con-
tinued with him for some years, and then had his articles of
apprenticeship assigned to his brother-in-law James S. Morse,
of Amherst, in the County of Cumberland, whither he immed-
iately removed. With Mr. Morse he completed his term of study,
and was admitted an Attorney-at-law at Halifax on 14th July
1821, and a Barrister-at-law in the year following.
Prior to his admission to the Bar on the 26th June 1816,
he had married Sarah, sister of the Honorable James S. Morse,
which proved to be a happy marriage, and gave him that in-
estimable boon, domestic felicity for life. She was not only
a fine, and pleasing looking woman, but she possessed the more
valuable qualities of an amiable disposition and was endowed
with a more than usual share of good common sense. She was a
prudent woman, and was through their long married life de-
voted to her husband. She knew the peculiarities of his tern-
LIFE OF HONORABLE ALEXANDER STEWART. 5
perament, and whenever the occasion arose she exercised her
calm influence in controlling his sometimes unreasonable bursts
of passion. His affection for her was so great, and his confidence
in her sound judgment so strong, that she was able to aid him
materially in the struggles of his early career; and when at length
he attained wealth, and high position, she proved a worthy help-
mate capable in every way of filling the place she was as his
wife called to occupy. It was seldom he took any step of impor-
tance without consulting her, and her rare common sense would
generally prevail with him. They had a large family, of whom
five only survived him, and herself survived him for twenty
five years d)dng at Amherst in February 1893 at the ripe age
of ninety eight. She lived to see her children's children in the
fourth generation respected and beloved by all her descendants.
It was fortunate for him that he was blessed with such a good,
and prudent wife who readily, and uncomplainingly shared with
him the trials, and difl&culties with which he had soon to contend.
■;.:. The period of time then necessary for serving under Articles
of Apprenticeship, five years, had not expired, when Stewart's
prospects were suddenly clouded by a blow from an unexpected
quarter. The firm in which he had been a partner became in-
solvent. He had not taken the proper steps to make known
to the pubhc his severance from the partnership. As a con-
sequence the creditors sought to make him responsible for the
partnership's Habilities. Suits were brought against him, judg-
ments obtained, and he was chased with executions by the Sheriff
for claims he could not meet, and for which he felt he was in
no way morally responsible. As far as possible his friends
screened him, and even the officers of the law were favourably
disposed towards him. His one great object was to complete
his studies so that he might be enrolled as an Attorney and
Barrister-at-law. In this he finally succeeded. An arrange-
ment was made by which he surrendered to the creditors every-
thing he possessed, provided he was permitted to pursue his pro-
fessional studies unmolested. On these terms he continued to
work until his admission to the Bar. It was then he had to
6 NOVA SCOTIA HISTORICAL SOCIETY.
begin the world anew without money, or means of any kind and
with the additional burden of a wife, and children to support.
In this connection a letter of Moody & Boyle, Creditors Soli-
citors, the legal opinion of Mr. Robie and Stewart's letter to S.
G. W. Archibald are of interest, both in showing the unfortunate
position in which he was placed and the honorable manner in
which he treated an unjust demand. It is further noteworthy
that all of the legal gentlemen connected with this correspondence
in turn became master of the Rolls in turn and Stewart the last
of all.
Halifax, 29th December, 1819.
Dear Sir: — On the part of the Assignees of Moody and
Boyle we have to call your attention to the claim they have on
the late firm of Moody & Stewart, which they are desirous
of having settled as far as you are concerned. The amount
due has been fixed at £3,500, and of that sum the assignees will
be willing to receive such proportion of £1500 — offered by you
as the whole demand against Moody & Stewart bear to their
claim, and to give you a release. We are informed the whole
demand amounts to £1811, and if that sum is correct, the assignee
would be entitled to £291,6,8.
If you are willing to pay that sum on receiving a release, be
pleased to make the necessary arrangements and although it
is impossible to get a number of the creditors to join in one ar-
rangement, we feel assured the principal part of them who have
claims on you will accept of the same terms. To induce them
to do so we shall cheerfully use, our best exertions, Your early
reply on this subject will oblige. Dear Sir your obedient servant
CHARLES & SAMUEL FAIRBANKS.
MR. ROBIE'S OPINION.
"I am strongly inclined to think that Mr. Stewart as a partner
in the firm of Moody & Stewart cannot be answerable to Moody
& Boyle for any of the charges contained in that statement as
UFB OF HONORABLE,ALEXANDER STEWART. 7
it appears they were made not with any idea of making Mr.
Stewart responsible, but merely to enable Moody & Boyle to
settle with each other which they could not have done withput
entries of this kind, the transaction of the several firms being run
into each other. I take for granted although it is not stated
by you, that Boyle was all along informed of the settlement,
and agreement that had been made between Moody & Stewart,
indeed it must have been impossible for him to have been ignor-
ant of it, in any event the payment by Mr. Boyle of the debt of
Moody & Stewart after the dissolution of the copartnership of
the latter must as respects Stewart have been voluntary and
made without his knowledge, or without any request on his
part, and therefore he cannot be answerable at least so I think.' '
S. B. R
STEWART'S LETTER TO S. G. W. ARCHIBALD, ESQ.
Amherst, January, 14th, 1820.
Sm: — ^I take the liberty of handing you a copy of a letter
which I received by the last post from Messrs. Fairbanks on the
part of the assignees of the late firm of Moody & Boyle. As my
object in to be fully released from all claim on me on account of
my connection with Mr. Moody, it is of little consequence to me
who shares the sum I relinquish, provided that object be attained.
Yet I certainly would rather that those who have legal claim
on me should receive it, than otherwise, and having had your
opinion, and also that of the Solicitor General, a copy of which
is subjoined that the claim is imfounded, I conclude that they
have neither a legal or equitable demand on me. I therefore leave
it to you, and the Creditors of M. & S., to determine whether the
proposal made on the part of the assignees of M. & B., should be
accepted. If not I should expect a Bond of Indemnity as to that
claim, as however fetid it might appear, in the end I should prob-
ably in the meantime be burdened with the expense of defending a
Chancery Suit, which in the altered state of my finance, I shall
be little able to bear. Perhaps Mr. Fairbanks on being put in
8 NOVA SCOTIA HISTORICAL SOCIETY.
possession of the part of the case would agree in opinion with you,
and Mr. Robie, and would advise the assignees not to harrass me
with a further suit, as I have hitherto had every reason to believe
that his disposition towards me was friendly, or if he should
decline doing that, that a statement of the case may be drawn up,
and submitted by both sides to two, or three gentlemen of the
Bar. May I beg the favor of your seeing him early on the
subject, lest he might think I treat him contemptuously by not
answering his letter. I am, Sir, with respects your very obedient
humble servant.
ALEX. STEWART.
S. G. W. ARCHIBALD, ESQ.
His training, however, had been in the school of adversity.
His youthful labors, and business experience had brought to him
strength of mind, and self reliance which now well sustained
him in the arduous struggles of life. Undismayed by the great
discouragements which surrounded his position he applied him-
self with zeal and earnestness to his professional duties, and
in a comparatively short time won the most gratifying success.
The difficulties of his situation were of no ordinary or trifling
character. In addition to his poverty, by this time quarrels, and
dissensions had arisen between himself and Mr. Morse, with the
inevitable result that instead of the latter rendering him any
assistance in his new career, every obstacle was put in his path.
Mr. Morse was at that time, probably, the most influential man
in the County of Cumberland, connected in business and so-
cially with all the leading people. He was the representative
of the town of Amherst in the Legislature, and the intimate
friend and associate of the governing powers in Halifax, and in
a good position to thwart both politically and otherwise Stewart's
efforts to make a name and place for himself. Against such
odds Stewart, a poor, and comparatively unknown young bar-
rister, had to contend at the very outset. He has been heard
to say in after years that when he commenced practising law,
it was no unusual thing for himself and family to sit down to a
diimer of salt herring and potatoes.
LIFE OF HONORABLE ALEXANDER STEWART. 9
In a letter to his grandson he says; "When I commenced
practise I had tenpence in my pocket, a wife, and your mother
to support."
Thus surrounded he opened his office in Amherst, then a
small village, with no money, few friends, and the bitter personal
animosity of those connected with him. He had not to wait
long, nor in vain. Clients soon flocked to his office. His abi-
lities must to some extent have been known from the years he
had already passed in Amherst in acquiring his profession, and
now when the opportunity occured he was quick to seize it,
and give evidence of the powers that were in him. It is said
by persons who witnessed his early efforts that his conduct of
the cases with which he was entrusted soon won the confidence,
and admiration of the public, and as a consequence early in
his practise business came rapidly. He had every inducement
to put forth his best efforts. He was not however the man
to spare himself in the energy he put into his work, and the in-
dustry with which he applied himself to the matters he had in
hand. This was one of his characteristics throughout life. What
he undertook to do he did well, and the result was that he met
in the trial of causes at the bar the most gratifying, and un-
broken success.
Shortly before his death in answer to an enquiry about his
successful career, he says — "All I ever assert a just claim to is
energy, industry and honesty, some considerable ability for
public speaking nature bestowed upon me, and by repeated per-
usals of Erskine's orations, I think I I imbibed a Uttle of his
good taste and improved it somewhat for I had a widespread
reputation for the success of my oratorical efforts, and I was
rarely unsuccessful in winning verdicts. While in the Legis-
lature where my cotemporaries were Archibald, Fairbanks,
Bliss, Halliburton, the two Youngs, the father and the present
Chief Justice, and others, I held a respectable position. Recur-
ring to the probable cause of my success, for I had undoubtedly
great success at the bar, I may mention that I never omitted
10 . NOVA SCOTIA HISTORICAL SOCIETY.
any effort to thoroughly understand every cause I undertook.
I always looked at the law and facts if possible through the op-
ponents spectacles, cross examined my own clients rigorously
and never omitted to closely question witnesses in my office
before I adduced them in court. Both parties and witnesses
unconsciously we must think keep back circumstances in their
view unimportant which completely alters the character of the
case."
His reputation as a sound and able lawyer rapidly spread
through the county and the adjoining County of Westmore-
land in the Province of New Brunswick. With his reputa-
tion growing his business increased until he was retained in
all important cases not only in the County of Westmoreland
but throughout the Province of New Brunswick. With increasing
business his income rapidly rose until he was able to lay the
foundation of the very considerable fortune of which he died
possessed. In that Province he encountered some of the very
able men at that time practising at the bar, and sustained the
high position already gained in his native Province. He thus
became a leader of the bar in both Provinces, and his services
were eagerly sought for. The particular cases in which he was
engaged have ceased to be of any interest, but his character
as an advocate and his mode of presenting his cases in court
are worthy of notice. As can be readily understood he had
always been a diligent student and when he came to the bar
his mind was thoroughly stored with thoSe principles of law
which characterised his decisions on the bench. Knowledge of
principles was the advice which he instilled into his students.
In one of his letters to his grandson then a student at law he
says: "Nothing you can commit to memory will give you
in so small a compass so much available legal knowledge as the
Latin Maxims. To the attentive regard I always paid to prin-
ciples I owe much of my success as a lawyer and a Judge and
each of these maxims embodies a principle. To these principles
I owe my deduction of a right rule in the recent novel and ano-
malous case of the Chesapeake, the mere enunciation of which
LIFE OF HONORABLE ALEXANDER STEWART. 1 1
excited such a storm of disapprobation among the bar and the
sciolists of the press. I have reason to believe that my view
of the right disposal of that vessel is confirmed by the Crown
Ofl&cers in England.
Case law in his estimation was a subordinate consideration,
not that the study of cases should be neglected but the foremost
place must be given to those fundamental rules and principles
which govern the decisions. He is said to have been a great
power with the juries. He was a clear, forcible and impressive
speaker, and generally succeeded in impressing on them the
convictions of his own mind in the cases he advocated. While
a successful jury lawyer he commanded great weight with the
court. We have no reports of the cases he tried and argued
and must therefore depend on his general reputation. This rep-
utation is confirmed by his speeches in the House of Assembly
and by the judgments which he pronounced from the Bench of
which a small number are to be found in the reports and in the
Press of the day.
His standing as an able, and successful barrister, and as a
professional man in the County being well estabUshed, his at-
tention was next called to pubUc affairs. Parties were not then
divided as now. When he entered the political arena repre-
sentatives to the Legislature were much more chosen on their
merits apart from their political leanings. He first became
a candidate and was elected to the House of Assembly for the
County of Cumberland at the general election of 1826, and was
also returned for the same County at the two succeeding elections.
In the year 1837 he was appointed to the Legislative Council of
which body he continued a member until his appointment to the
Bench in 1846. His elections were severely contested, and on
the last occasion he barely succedeed in retaining his seat.
Judged by the course he adopted and followed from his first
entrance into the Legislature, Stewart must be classed as a re-
former, and liberal in his views. He strenuously attacked the
abuses which in his opinion existed, and was foremost in ad-
12 NOVA SCOTIA HISTORICAL SOCIETY.
Yocating measures for the improvement, and development of
the Province. His attitude to the old Council of Twelve has al-
ready been referred to, and later on in the course of this memoir it
will be seen how boldly he challenged its conduct.
His political leanings are very clearly shown by Howe in
the "Nova Scotian" of Nov., 27th, 1839, where in giving a very
humorous account of Stewart's speech at the Lord Mayor's
dinner in London, he says," we could not have helped laughing
even if we still looked upon the ex-member for Cumberland, as
we were in old times wont to regard him as a champion of Reform,
a Tribune of the people, and a fellow labourer in the Colonial
vineyard from which both were convinced that it was desirable
to root out many noxious weeds. Regarding him as we do now,
certainly more in sorrow than in anger as one of those most
conspicuous labouring to shelter and preserve the weeds — as one
who is bragged of as a political Goliah (we beg pardon he is not
their Goliah) of the Philistines we think we are entitled to make
merry." These comments were made of course after he had
severed his connection with Howe, and his party, because he
believed they were pushing the desired reform beyond what was
necessary, and not in the interests of the Province.
His political views are again very clearly brought out in the
Report of Young and Huntington to the House of Assembly
on the results of their delegation to the Colonial Office. Stewart
and Wilkins were sent as delegates on behalf of the Legisla-
tive Council. They report that at the interview by appoint-
ment at the Colonial Office. "Mr. Stewart here expressed his
anxiety to be informed what was the liberal or popular party,
and how it was distinguished. He differed with the majority
of the Assembly on the extent of economic reform, but on all
popular questions had always stood side by side in the Assembly
with Mr. Huntington." To this question Mr. Young repliedi
"That Mr. Stewart had at one time been accounted a leader on
the liberal side, but had become of late years one of their most
active opponents." Mr. Stewart then insisted that there was no
LIFE OP HONORABLE ALEXANDER STEWART. 13
essential difference between the two parties; he declared he was
as much a liberal as ever, and disapproved as much of High Church
and Tory measures." This statement of his position and views
as a public man, as reported by two of his strongest opponents,
sufficiently indicated the stand he took on all public questions.
He was not a party man — ^he was a liberal but not a radical.
He stood for the gradual amendment of the constitution so as to
bring government more in harmony, and under the control of
the people.
Alexander Stewart's appearance bespoke him to be a man
of strong character. He was of medium height, and squarely
built, an erect figure with a quick impulsive walk. His head was
large with a broad, and full forehead — eyes a lightish gray —
his complexion reddish with a rather stem expression of counten-
ance. In conversation this expression would relax, and he was
always a most agreeable and interesting companion brim full of
talk and humour. The fund of information he possessed on most
every subject would come out in the discussions which took place.
He was a great reader, and having a very retentive memory he
could throw light and interest into any question which formed
the subject of conversation. He was very fond of poetry, es-
pecially the Scottish Bards. No one could be long in his so-
ciety without appreciating that he was a man above the ordin-
ary. The oil portrait of him in his son's possession shows these
characteristics. His manners while ordinarily courteous were
at times quite abrupt, especially if anything had occurred to ir-
ritate him. His temper was hasty, and at times violent, and was
not well under control, a defect which in the course of a busy life
often worked injury to himself, and of which no one was more
conscious than he was. There was, however, nothing vindictive
in his disposition. Once the storm was over, no one could be
more ready to make amends, and acknowledge his error. Of
a generous, and forgiving character he did not retain malice or ill
feeling. He felt, and as all deep natures feel, strongly when
he conceived he had been injured, or unjustly treated, but at
the end of his life all such sentiments had passed away and were
14 NOVA SCOTIA HISTORICAL SOCIETY.
obliterated from his mind. In one of his letters, dated 20th
Sept., 1864 a few months before his death, referring to the aboli-
tion of the Court of Chancery, he says: "I was, however, dealt
very harshly with by all parties, when I was displaced from the
Rolls, but I have long since forgiven the actors."
His sense of honor of doing what was right and just at what-
ever cost was one of his great characteristics. No sordid mo-
tives, nor underhand dealings were tolerated by him for an
instant, nor did he hesitate to denounce boldly what he believed
to be wrong no matter who was the offender. In his dealings
with others he was scrupulously correct and exact. In all he
undertook to do or did he was thorough and painstaking, work-
ing with that indomitable energy which was part of his nature.
While in the course of his career he had made many bitter ene-
mies he was happy in the enjoyment of many strong friend-
ships which continued unbroken to the end of his days. In
early life he was a Presbyterian, but subsequently became a
member of the Church of England. His religious convictions
were deep sincere and strong, but there was no narrowness in his
views in this respect.
Before turning to his political career there are some other
incidents connected with his residence in the County of Cum-
berland which will be of interest. He continued to practice
in that County and in the Province of New Brunswick with
increasing reputation and growing business, until the year
1834, when with his family he removed to Halifax, and opened
an office with his brother James as a partner. During the 14
or 15 years of his residence and practice at Amherst several
students were articled to him who afterwards made their mark in
legal and political circles, such as Senator Dickey, and the late
David Shanks Kerr, of St. John, N. B. It was with great pride
that these men looked back to their former tutor for the careful
and accurate training they had received at his hands. By this
time too his associations and influence had widely extended
among all classes of the people in the County. Nowhere was this
LIFE OF HONORABLE ALEXANDER STEWART. 15
more strongly manifested than in the eastern portion of Cum-
berland, where the settlers were chiefly Scotch or of Scottish
descent. A strong sympathy, and attachment existed between
them. It is said that at his last election when owing to sinister
influences in other parts of the County defeat stared him in the
face, he shouted to his exulting foes, "wait till we get over Wallace
Bridge", and he was not deceived. The Scotchmen turned a
crushing majority against him, into a majority in his favor, and
he was again returned to the Legislature. Stewart did not for-
get them in their hour of distress. A time came when the scar-
city of flour was so great, and the price so high, that these men of
moderate means, and little money, were unable to get it for their
families, Stewart put his hand in his pocket, purchased the flour
and distributed it amongst them. The old Scotch people of the
Gulf Shore, Wallace, and Malagash never forgot Stewart, and so
far carried their devotion to his memory, that they or their
descendants loyally adhered to, and supported his children's
children in many political contest long after he was in his grave.
Among the many prominent persons in the County of Cum-
berland whose friendship he had gained, and valued, was the
Honorable Daniel MacFarlane who was Custos of the County, and
subsequently a member of the Legislative Council. Mr. Mac-
Farlane had early in the last century emigrated from Scotland
with a large number of Scotch people, and settled at what was
then called Remsheg subsequently changed, it is said at the
instance of Stewart, to the name of Wallace more in keeping with
the nationality of the early settlers. Amos Seaman, the so-
called King of Minudie, was another of his warm supporters and
friends. He became the owner of the Minudie Estate purchased
through Stewart's assistance from the DesBarres, and controlling
as he did a large tenantry, and quarrymen who worked the val-
uable grindstone quarries on the estate, Mr. Seaman was a power-
ful man in the County.
Robert McGowan Dickey, father of Senator Dickey, was at
that time a leading resident in the central part of the County
16 NOVA SCOTIA HISTORICAL SOCIETY.
which he represented in the Legislature for some years. His
only son the Senator subsequently married Stewart's second
daughter Mary. His influence, combined with others such as
William White Bent, Joseph N. B. Ken, and the powerful Ratch-
ford family at the western end of the County — all people of good
standing and leaders in political affairs — ^upheld and strengthened
Stewart in the career on which he had entered. Those men-
tioned are of course but a few of the most prominent whose names
have come down by tradition as the friends, and supporters of
Stewart, during the time he lived in Cumberland, and was its
representative in the Legislature. In 1828 he was appointed
Judge and Registrar of Probate for the County, which offices
he held until he left Cumberland.
His business capacity nowhere showed to greater advantage
than in his management of several large, and important land
estates in the County entrusted to his hands, such as the Des-
Barres, the Cochran, the Cunard and Blair properties. Sales
were to be made, and rents collected, trespassers to be watched,
and boundaries to be maintained. His early business experience
with his ripened knowledge enabled him to handle all such trans-
actions with great skill, and prudence, and to the marked ad-
vantage of his clients. Not only did his clients reap the benefit
of his superior capacity, but he had by the time he decided to go
to HaUfax amassed, by hard work and frugal living, a fortune
sufficient to make him once more independent, and to pursue
the independent course he had always adopted.
The decision of Stewart to remove to Halifax was a very
natural one. Amherst was then a small village at a long dis-
tance from the capital. The field for his growing ambition
both as a lawyer and a public man, was very limited. He had
now attained a high reputation, both in his profession and as a
rising statesman, and if he was to maintain that position and
advance to higher office, as matters then stood he must push his
way in the centre of political action, and where he would have
the opportunity of contending with the foremost legal talent of
LIPE OF HONORABLE ALEXANDER STEWART. 1 7
the Province. Accordingly in 1834, eight years after his first
election to the House of Assembly, and twelve after his admission
to the Bar, the momentous step in his future career was taken.
That it was a venturesome one, especially in view of his known
attitude to the powers then controlling the social, pohtical, and
legal affairs of the Country, cannot be doubted. The old Council,
composed of many of the influential business and professional
men, or connected with them, were in a position to down any
aspirant hostile to their authority, unless, as it turned out in his
case, he was possessed of more than ordinary nerve and courage
to withstand their influence. Stewart had evidently grasped this
view of the situation. He did not make the move until he had
the material resources to depend upon, and then in that self-
reliant spirit so conspicuous throughout his Ufe, he planted him-
self in the Metropolis of the Province, with his brother James
as partner. His coming was viewed with no friendly eyes by even
many of the leading members of the profession, who no doubt
regarded him as an intruder into their territory. Opposition
of this kind could not successfully prevail against a man of ability
and courage prepared to fight his own way. It soon went down
before his bold, vigorous, and independent action, and in the
course of a few years the records of the Court show that he was
gradually and surely taking a leading position amongst his breth-
ren at the Bar. As his merits became better appreciated his
services were eagerly sought for, and before he left the profession
he could number among his clients many of those who had in
the past been his most bitter opponents. In 1846, just twelve
years after coming to Halifax to reside, he was appointed Master
of the Rolls. His elevation to the Bench was the crowning suc-
cess of his strenuous and busy life, which at once removed him
from the ranks of the profession which he had so long adorned,
and from the halls of the Legislature, where for so many years
he had played such a prominent part in the affairs of the Province.
His political career, which extends over a period of twenty
years, next demands attention. It embraced one of the most
important, and stirring epochs of our Provincial history when
2
18 NOVA SCOTIA HISTORICAL SOCIETY.
increased interest in public affairs began, and a revolt against
the existing system of Government was looming up. Many grave
and important questions were from time to time before the
Legislature — none greater than the struggle for responsible
government, in all of which it will be found in the course of these
memoirs Stewart spoke with no uncertain voice in the in-
terests of the people, and for the advantage of his country.
Political Career.
As stated before Stewart was first elected to the House of
Assembly as member for the County of Cumberland at the Gen-
eral Election of 1826. The new House was called together on
the first day of February, 1827. Sir James Kempt was at that
time Lieutenant-Governor of the Province, and the Old Council
of Twelve then constituted both the Executive and Legislative
branches of the Government. It was composed chiefly, if not
altogether, of the chief magnates of the Province and promi-
nent persons residing in Halifax such as the Chief Justice, the
Bishop of Nova Scotia, the Collector of Customs Mr. Jeffrey,
Enos Collins, Mr. Wallace, Mr. Uniacke, Mr. Binney, Mr. Robie,
Mr. Prescott, and Mr. Stewart. The authority exercised by this
body over Provincial affairs was very great, and before this
period their proceedings had been complained of and questioned
by the House of Assembly, but with little success.
Among the men of note who occupied seats in the Assembly
when Stewart first became a member were Samuel G. W. Archi-
bald, the eloquent orator who was made Speaker as he had been
in the previous House, Richard J. Uniacke, Junior, Thomas C.
Halliburton, popularly known as Sam Slick, John Young, known
as Agricola, Charles Rufus Fairbanks, afterwards second Master
of the Rolls, Beamish Murdoch, the future historian of the Prov-
ince, William Lawson, Lawrence Hartshome, William Henry
Roach, and others.
Many stirring questions of great importance at this date
were agitating the pubUc mind such as the Quit Rents, the ques-
LIFE OF HONORABLE ALEXANDER STEWART. 19
tion of Catholic Relief, Education, and the right of the House
to control the public revenues of the Province. It will be seen
that Stewart very soon came to the front and took a leading
part in the discussion of these, and other measures, and assisted
in the legislation which followed and in vindicating the rights
of the people's representatives. As no official reporter then
recorded the doings of the Assembly it is only possible to gather
from the newspapers of the day such imperfect accounts of their
proceedings as they thought sufficiently interesting to publish.
Mr. Fairbanks in the previous session had brought before
the House the lamentable condition of the Province in respect
to Education, and had by resolution proposed that common
schools should be supported by direct taxation. The time was
not ripe for such a radical step and probably the Province was not
equal to such a burden, and nothing came of this movement.
At the present session T. C. Halliburton took up the school
question introducing a new bill appropriating a sura of money
to this object, which the Council rejected. The next day Halli-
burton introduced a new bill in very similar terms which was
seconded by Stewart. It was in this debate that Halliburton
made use of some very disrespectful language towards the Coun-
cil in which that body was described as twelve old ladies. The
Council resented this, and ultimately the House with great re-
luctance on the demand of the Council censured Mr. Halliburton.
This incident is mentioned as the first in which Stewart displayed
his attitude to the high handed position taken by the Council,
by giving his general support to Halliburton. It no doubt created
in his mind the unfavourable feeling towards that body which
characterized his future action, and led him to join with those
who were determined to curb its pretensions. The previous
House had also passed an address protesting against the ap-
propriation of the Provincial Revenues by the I^ords Commis-
sioners of the Treasury, claiming that such Revenues should
be entirely under the control, and at the disposal of the Colonial
legislature. At this session the question was again brought up
20 NOVA SCOTIA HISTORICAL SOCIETY.
by Mr. Fairbanks who moved several resolutions on the subject
contending that they were a firm and manly statement of a
right which he trusted in God would never be denied — the right
of this House, and this country to the fair privileges of British
subjects, and the appropriation of all monies collected in the
shape of taxes in the Province. These resolutions were supported
by Stewart. They were opposed by Uniacke, Murdoch and
Young, but were finally passed with an amendment. In this
debate again Stewart is found on the side of reform, and in up-
holding popular rights.
It is curious to notice the position taken by Halliburton,
Uniacke, Young, Murdoch and others on a question like this.
They all opposed its passage in strong speeches. But John Starr
of Kings and Roach of Annapolis, and Stewart vigorously sup-
ported the resolutions which were carried by a vote of 19 for
and 15 against. Stewart reviewed the first two resolutions, and
wished those opposed to them to point out anything inflam-
matory in them. The third embodied the two first, and pledged
the House to provide liberally for the officers of the customs.
He made some further remarks on the address of the Assembly
on the subject in the previous year. Mr. Halliburton's resolution
in his opinion was at variance with itself, and in reference to
an expression which had been made that more satisfactory ar-
rangements would be made when the report of the Surveyor General
was sent home he asked, were the rights of the people of Nova
Scotia to depend on the report of any officer? For his part he
would say that the people did not hold their rights by a tenure
so doubtful. Halliburton's amendment was put and lost.
One of the most stirring debates which took place during
this session was on the application of the trustees of Pictou
Academy for a renewal of the grant of ;£400 towards its main-
tenance. In the end the resolution to make the grant was car-
ried, but the Council refused to concur in it. Stewart took
strong ground against the grant in which he crossed swords with
Archibald, and Halliburton. His opposition appears to have
IvlFE OF HONORABLE ALEXANDER STEWART. 21
been largely due to the very objectionable tone of the petition
addressed to the Legislature, and to the fact that it meant setting
up another sectarian educational institution in the interests of
the Presbyterians, and further that it was beyond the means
of the Province. It is to be remembered that at that period
he was himself a member of the Presbyterian body, and there-
fore could not have been actuated by any religious prejudices.
The next large, and important question which engaged the
attention of the House was the petition for the relief of the Ro-
man Catholics who were at that time debarred from taking seats
in the House without the test of certain oaths to which they
conscientiously objected. The matter was brought forward on
the 20th February, 1827, by Mr.Uniacke, and on the 26th February
its consideration was taken up. Eloquent speeches were made
in support of the prayer of the petition by Richard J. Uniacke,
Benjamin DeWolfe, T. C. Halliburton, Stewart, Fairbanks,
Young and Dimock, and the resolutions were carried without a
dissentient vote. Halliburton's speech on that occasion has
been greatly eulogized. Reading it dispassionately at this
day it strikes one as peculiarly bombastic, and extravagant,
and inaccurate in the statements made. Some of these state-
ments were challenged at the time. The best apology for his
speech is probably that he was then a young man bidding for
popularity, but his remarks in an historical point of view are in
many instances unsound. Stewart spoke on that occasion, and
said "He deprecated the abuse which had been lavished on the
Bench of Bishops (Mr. Uniacke here rose and denied that he had
abused them). Notwithstanding the ill timed zeal, and inju-
dicious observation of the advocates of the address he should
support the measure. Whatever necessity existed in England
for the test oath, he saw none in this colony. He wished to
see entire religious liberty prevail in Nova Scotia. The catholics
forming the population were loyal, and respectable subjects,
and ought to be reUeved from this mark of degredation.' ' These
calm and judicious expressions exhibit very strikingly his advanced
and liberal views on the subject of religious equality.
22, NOVA SCOTIA HISTORICAI* SOCIETY.
The next question of importance on which Stewart addressed
the House was on the proposal to appoint two Agents for the
Province in London. Halliburton led the opposition and was
supported by Stewart. He says, "He coincided with Mr. Halli-
burton. He deprecated the spirit of the resolutions as they
went to deprive His Majesty's Council of a share in the nomina-
tion which they always possessed. Another objectionable fea-
ture was that the agency was only directed to represent com-
mercial interests while the agricultural were thrown into the
shade and neglected. There was no vahd reason advanced why
the House should not continue to pursue the same plan hitherto
followed of transmitting its documents through the Lieutenant
Governor of the Province. He was willing to grant a sum to pay
an agent for the merchants but that agent should not be clothed
with a Provincial character, nor should he be guided as to the
interests of the country generally by a body of men not having
constitutional authority." The resolutions were lost.
The next session of the Legislature was called on the 31st
Jamiary, 182 , in which the question of Quit Rents came up.
Orders had come from the Secretary of State for the Colonies
in the Spring of 1827 remitting all arrears previous to 1st July
1827, and directing the collection of rents due to the Crown on
grants of land thenceforward. The revival of this obsolete
claim after it had been allowed to sleep from the foundation of
the Province naturally excited great dissatisfaction. The re-
venue which would thus be raised would have caused great dis-
tress to the people, but what was worse would put it wholly at
the disposal of the government in which the Assembly would
have no voice. The matter was brought up in the House early
in the session. Stewart was the prime mover. He submitted
a resolution to the effect that a Committee be appointed to re-
quest the Lieut. Governor to furnish an account of the amount,
and disposal of the Quit Rents, and to give such other information
on the subject as might be necessary to the House. Mr. Uniacke
was opposed to this and was satisfied that the intentions of the
Mother Country were beneficent. He thought however it would
LIFE OF HONORABLE ALEXANDER STEWART. 23
be better to petition his Majesty to waive this claim, but was
fearful if, from the information which they were about to request
the amount of the Quit Rents were known in England, the Bri-
tish Government would be far less willing to give them up.
Stewart would make no compromise. He said, "He wished
no concealment, in fact he considered it impossible there could be
any. The debates of the House were public. The speeches
would be taken down, and published throughout the Province.
The officers of the Government would of course be in possession
of the facts, and would have to furnish them to the Colonial
Office, because before the claim was abandoned, the amount
would have to be ascertained. He was firmly of the opinion,
however, that the Quit Rents never could, and never would be
paid by the Province." Objections of different kinds were made
to the resolution, but Stewart said that the objections that had
been urged all went upon the ground that the House was debating
with closed doors, and that the British Government could not
get information elsewhere. The fact was otherwise. In the
end the resolutions were agreed to, and Stewart with several
other members were appointed a Committee to wait upon his
Excellency and to intimate to him the desire of the House on the
subject of the Quit Rents. The House finally adopted a Memor-
ial to the King praying him to relinquish the Qute Rents, or sus-
pend their collection.
The answer to the Memorial of the House of Assembly was
not favourable. An offer was made to enter into a composition,
or commutation of these rents. It came up at a late date and
was again discussed in the House.
In the session of 1829 the case of Mr. Bary, Member for Shel-
bume was before the House. He was required to apologize
for some disparaging observations made in reference to Colonel
Freeman another member. This he refused to do, and he was for-
bidden to take his seat until he made the apology dictated by the
House. Mr. Bary in defiance of the resolution took his seat the
24 NOVA SCOTIA HISTORICAL SOCIETY.
next day when he was taken into custody by the Sergeant-at-
arms and removed from the House. Riotous disturbances took
place by Bary's supporters, who even went so far as to assault
several members of the House. On this occasion the gallery
was cleared and the Speaker appealed to the House for instruc-
tions. Stewart thereupon rose, and said, "that by all his hopes
of happiness in a future state he had acted toward Mr. Bary in
his former votes with what he conceived to be leniency, and
kindness, and that it was under most painful feelings he felt
himself bound to offer to the House the resolution he held in his
hands which in effect was that Bary having been guilty of a
high contempt of the privileges of the House he be further com-
mitted to the custody of the Sergeant-at-arms until the further
order of the House. This was passed, and Bary was committed
to custody. For a further contempt in publishing a letter re-
flecting on the action of the House he was expelled the House and
committed to prison for the remainder of the session.
Stewart's attitude to the old Council of Twelve may be gath-
ered from a speech he made about this time. One or more va-
cancies in the Council had occurred, one of which had been filled
by the well known Samuel Cunard, afterwards Sir Samuel Cunard.
His qualifications for the position were undoubted, but it did
not meet with the universal approval of the House, and among
others of Stewart. He desired them to understand that Halifax
was not all Nova Scotia. If the policy pursued in making re-
cent appointments to the Council, the end was to add informa-
tion to that body, it was one that would eventuate in the good
of all. He had nothing in the least to say derogatory of the
individuals selected — on the contrary he respected them, but
confessed that he thought the interests of the Province would
have been better served by selecting persons at a distance from
the capital, persons who could bring local intelligence, and local
influence into the Council. He did not go behind the door to
say that in his opinion, of the person called to fill the position of
a Councillor, there should be undoubted evidence that he pos-
sessed the confidence of the people. One for example who had
LIFE OF HONORABLE ALEXANDER STEWART. 25
sat in the House of Assembly for many years might reasonably
be supposed to be eligible for a seat in the other branch. He
warned the Governor and his advisers that great feelings of
jealousy existed in the country on the subject, and he felt that
he should be wanting in his duty, if he failed to mention the
fact. He was not in favor of an elective council, but he wished
to see the agricultural interest represented in the higher body,
and he thought the time was opportune to enquire whether
some alteration might not be judicously made in the constitution
of that branch. Under any circumstances it would be advisable
in making selections of representatives of the agricultural interests
to seek some one who resided beyond the sound of the gun on
George's Island.
•
In these remarks Stewart's disposition to reform the old
Council is plainly evident — in fact his whole course in the House
at this period, and during all the time he sat in the Assembly
indicates his dissatisfaction with the existing management of
public affairs, and that he did not fear to give expression to
these views in the face of the powerful influence against him.
His warning was not then heeded, but before many years passed
the Old Council of Twelve was swept out of existence, and a
new order of things which resulted in Responsible Government
was brought about. Although he was not then a Member of the
House of Assembly, he was one of the men who set the ball rolling.
He worked in conjunction with Howe for reform, and only stop-
ped when he thought Howe was going too far. No doubt as we
view these matters now he was mistaken in not pushing reform
to the full extent — but while a reformer his zeal was tempered
with caution against changes which he considered too radical.
When certain reforms were attained which in his opinion were
sufficient he upheld the Lieut. Governor in his interpretation
of the Imperial despatches, and thereby incurred the bitter
hostiHty of those with whom he had hitherto worked.
In the session of 1830 another evidence of Stewart's liberal
and enlightened views appears on the question of the relief of
26 NOVA SCOTIA HISTORICAL SOCIETY.
Roman Catholics. A copy of the English Act for reviving dis-
abilities had been passed with a recommendation that the Le-
gislature should pass a declaratory Act extending its provisions
to the Province of Nova Scotia. Stewart called attention to the
Message, and asked that it be referred to a Committee with
instructions to enquire into the necessity of abolishing all the
unnecessary oaths required to be taken on entering Parliament or
on the acceptance of office. Uniacke opposed this motion which
does not appear to have passed.
During the previous session the Judges of the Supreme Court
memorialized the Legislature on the inadequacy of their salaries
with no favourable result. At the present session the matter
was again brought to the attention of the House of Assembly
by a message from the acting Administrator of the Government
transmitting the memorial, with reasons in its favour. The
proposition to increase their salaries was bitterly opposed in
the House by all the Members except the lawyers, and at that
time much prejudice existed in the Province against the legal
profession. Stewart spoke with no uncertain sound on that
occasion. He made the closing speech, and replied with great
warmth to the arguments against the application. He warmly
defended the claims of the Judges, and the conduct of the legal
profession. He said if lawyers had been found advocating un-
popular measures they did it manfully, and openly. Some of
the measures which they had been blamed for advocating, such
as the Inferior Court, had been found to be beneficial, and had
been so acknowledged by their opponents. He reprobated the
policy which would desire that private funds should be drawn
on to support the institutions of the country. He denied that
any taxes were levied on the Province except County rates.
There were many reasons why institutions under a Monarchy
should be on a larger scale than those under a Republic. He
assumed it to be the desire of his constituents that the Judges
should be paid according to their just claims, and he declared
that he would no longer represent them if they instructed him
LIFE OF HONORABLE ALEXANDER STEWART. 27
to say otherwise. He approved of the suggestion that the Su-
preme Court should not be held more than once a year in the
country, now that the Inferior Courts were estabHshed, and
concluded by enjoining the House on account of the justness
of the claim before them, on account of the high character of the
claimants, and on account of the recommendation of the Presi-
dent to give the matter full consideration. The House, how-
ever, turned a deaf ear to all such arguments, and refused to
refer the memorial to the Committee.
It was in the session of 1830 that the "Brandy question,"
so famed in the annals of the Province, caused the greatest con-
test which had yet taken place between the House of Assembly
and the Council. A serious loss to the Revenue resulted from
the action of the Council. It has, however, given to later genera-
tions a very excellent picture of our House of Assembly at that
date, and the stuff our forefathers were made of. Eloquent
speeches were made by the leading members of the House evincing
very accurate knowledge of their constitutional rights, and
more, their unflinching determination to stand by them. No
one was more eloquent or more practical than Stewart. The
dispute as is well known arose out of the refusal of the Council to
agree to the imposition of an increased duty of 4c per gallon
on brandy which the House had imposed. The day after the
rejection, the existing revenue Bill expired and the Customs
authorities were thus unable to collect any duties on brandy
imported. Stewart immediately introduced a new revenue bill
in the place of the one rejected, on which the discussion arose.
After John Young, and S. G. W. Archibald had spoken with
great force, and ability Stewart rose, and delivered one of the
ablest speeches made on the subject. The following interesting
account of what he said and the impression made on the public
is taken from the "Reminiscences of our Native I^and" published
in the Acadian Recorder.:
There was certainly no room for doubt as to the views en-
tertained by Mr. Stewart on the action of His Majesty's Council
28 NOVA SCOTIA HISTORICAL, SOCIETY.
in dealing with the revenue bill. Others, said he, might do as
they pleased, but he would not barter the birthright of those who
sent him to the house for a mess of pottage. In entering upon a
close argument of the question, the hon. member asked: What
is the contest between the house and the council? It was simply:
shall the people tax themselves as Englishmen did, or shall nine
persons appointed by the King tax them? That was the question.
It had been accidentally discovered that the province had lost
^2,700 by a mistake in the law of 1826, which imposed a duty on
foreign brandy, gin and cordials. The legislature intended that
2s. 6d. should be paid, but in consequence of the error only 2s.
had been collected. In the exercise of their privilege, the house
had simply rectified that error. Even if that had not been ne-
cessary, provided the house thought fit to increase the duty on
brandy, It was clearly within their right to do so. The council,
on the other hand, said that the house must take such a tax as
they proposed or none. The place had thus been reached where
the house should make the stand. The evil must be stopped at
the threshold. It should not be permitted to enter the doors
of the people. It was a fundamental principle of British liberty,
consecrated by the wisdom of ages, that a British subject's pro-
perty could only be divested from him by his own act or the act
of his representative, freely chosen by the people. If the house
violated the trust reposed in them, their constituents could turn
them out of their trust. But they could not turn out of office
those whose situations were dependent upon the Crown. Who
would wish to see the power of taxing the people vested in any
twelve men, appointed by the King, however high, worthy
and respectable they might be? Words need not be wasted
in this matter. The right of taxing the people belonged to the
people themselves, and he, Mr. Stewart, for one, would not
surrender that right to His Majesty's council. It was a right so
inherent in a free British subject that if His Majesty's royal in-
structions— if an act of the British parliament provided other-
wise, if it had been waived, surrendered, or abandoned by those
who had preceded the present house, he would regard neither man-
date of Majesty, nor the provisions of the parliament, nor the
LIFE OF HONORABLE ALEXANDER STEWART. 29
concessions of former houses of assembly. The right was inalien-
able and could not be abandoned. It was inherent and could not
be divested. The representatives of the people were but their
trustees in this matter. Their power was limited — they had been
given no authority to grant or to sell their rights. Civil liberty
had been found to depend upon political freedom. It was the bul-
wark which surrounded, guarded and defended it. The right of
granting aid by the subject to His Majesty was the foundation, the
pillar, the buttress of political liberty. Precedents in English hist-
ory could be quoted to show where the Commons of England — the
poor Commons, as they called themselves — ^besought the Lords to
furnish them with a half dozen discreet peers to assist their ig-
norance. But what would the Commons of England say, at this
day, if that precedent were cited for their guidance? In Nova
Scotia, many years ago, the governor expelled a member from the
house, but what would the house now say if such a power were
attempted to be exercised? Precedents could be shown where
the Assembly of Nova Scotia, in the good old times, requested
the council to assist in framing revenue bills, but were they worth
a single farthing? At this crisis the house were brought back to
principle. The money of the subject was his own. When it
was given, he gave it. It was produced by the sweat of his brow.
It was the produce of his honest industry. It was his own.
It was a matter, said Mr. Stewart, both of apt illustration of
his argument and singular to observe how, from time to time,
the Commons of England resorted to the principle when they saw
anything in the progress of their deliberations which had the
remotest tendency to injure or abridge their right of taxing
themselves. The hon. member read from Hatsell: "It might be
admitted that the Commons did not always insist with the same
precision and exactness as they have done of late years upon
their privilege that the lords should make no amendments to
bills of supply." There were a number of instances, particularly
before the revolution, where the lords made amendments to bills
of that nature, to which amendments the commons did agree.
Yet at that period they appeared to have been maintaining the
principle that all bills of aid and supply or charge upon the people
30 NOVA SCOTIA HISTORICAL SOCIETY.
should begin with them, and that the lords should not commence
any proceeding that might impose burdens among the people.
But they soon found that under the pretence of making amend-
ments to bills originating in the commons the lords inserted
matter which had the appearance of trenching upon the privileges
of the people, so that after several discussions and conferences
the commons found themselves obliged to lay down the rule more
largely, and to resolve that in all aid given to the King by the
commons, the rate or tax ought not to be altered by the lords.
Within a very few years after 1678 the doctrine was carried
still further, and the commons refused to agree with the lords
in some amendments which they had made and which related
to the distribution of forfeitures. At length, on the 3rd of July,
1678, they came to the resolution that all aids to His Majesty
in parliament, were the sole gift of the commons, and all bills
for the granting of any such aids and supplies ought to begin
with the commons, and that it was the undoubted and sole right
of the commons to direct, limit and appoint in such bills the
ends, purposes, considerations, conditions, limitations and
qualifications, which ought not to be changed or altered by the
house of lords. It was thus observable that the commons never
lost sight of the principle. In Nova Scotia frequent conferences
had been held by the house with the council in matters of revenue,
and friendly suggestions had been received from the latter which
had sometimes been acted upon and, at other times, had not been
accepted. But were His Majesty's council now to contend that,
although they could not directly amend a money bill, yet that in
conference or by message — for the council had resorted to both —
they should say that unless the house imposed upon their constitu-
ents just such burthens as they thought they were able to bear,
notwithstanding that they had already informed them that they
would not alter their bill, they should have no revenue at all?
What was that but amending a money bill in a more odious man-
ner than if the amendments had been tacked to the bill and sent
to the house, as amendments to other bills were. It had been
said that the house should wait until the people themselves com-
plained that their rights had been infringed. For what purpose,
LIFE OF HONORABLE ALEXANDER STEWART. 31
Mr. Stewart asked, were the members sent to the house? Clear-
ly to act as sentinels, to guard the outworks and to be the first
to meet and avert impending dangers.
The member for Cumberland, at this stage of his argument,
entered into a most exhaustive review of the action, at various
periods, of the British house of commons in their contentions, on
the vital subject of granting supplies, with the house of lords,
quoting largely from the records of the former body. In the
course of his reading he was interrupted by Mr. Hartshome, the
member for Halifax, who asked him to read from the journals
of the lords. Mr. Stewart replied that when he was contending
for the rights of the commons of Nova Scotia, he preferred to
search among the commons of England for his precedents; but
what would the journals of the lords prove? Simply that hun-
dreds of years ago they contended for the right of interfering
with the money of the people, and that they had virtually aban-
doned it for a century past. Mr. Stewart then took care to ex-
plain that he did not deny the right of His Majesty's council
to reject a money bill, but the manner in which they had now
exercised it would, divest the people of the right of taxing them-
selves, if the house did not stoutly resist them in their policy.
So cautious were the commons of England in this matter that
they would not vote the supplies for the great public services of
England but for the period of a year. The navy, army, ordnance
and miscellaneous services had been called "the title deeds of the
commons' annual sessions.' ' And here Mr. Stewart took occasion
to advert to the pernicious effects which that statute of the Im-
perial parliament that had called forth so much laudation in the
colonies, would have upon the independence of the Colonial legis-
latures. By the operation of the 6th, Geo. 4, cap. 114, an annual
permanent revenue was paid into the treasury of this province.
The public service did not, as formerly, depend upon the supplies
annually voted by the house. He had always viewed that statute
with regret. In the first session in which he took a seat in the
house he unreservedly declared his opinion of it. It might reason-
ably be doubted whether, consistently with the opinion of the
32 NOVA SCOTIA HISTORICAL SOCIETY.
constitution, any part of the revenue collected under its prov-
isions could be applied to any uses or purposes fixed by the legis-
lature subsequently to the passing of the statute in question.
In concluding his remarks, Mr. Stewart hoped that the im-
pending danger to the rights and utility of the house might yet
be averted. For his part he had endeavored to show that the
members were justified by the principles of the British constitu-
tion in the course they had, so far, pursued. He had anxiously
sought for some mode of terminating the differences between
the two houses without abandoning those rights of which he was
one of the guardians, but he had discovered none. The char-
acter of the people of Nova Scotia was greatly misunderstood
if it was suspected, in any quarter, that they would barter their
rights, either civil or religious, for money. As for dissolution of
the Assembly — that threat to him was like the passing breeze.
He had always been ready to resign whenever his constituents
desired it. To him it had ever been a seat of labor and anxiety,
and now it had become by no means an enviable office. If a
dissolution took place, the people could, if they thought their
representatives had done wrong, reject them at the polls. But,
speaking for himself, he desired simply to say that when he was
invested with his present trust he pledged himself not to betray
the rights of his constituents. The right of taxing themselves
was the foundation of all the other rights of the people, and if
they were to be sold he, at all events, would not be a party to the
contract.
The following extract from the same writer gives in very apt
language the character of the House and the outside opinion of
Stewart's abilities.
It wag the remark at the period — 1830 — that the capacity
and intellect of a legislative body could only be judged by its
acts and its speeches. The acts of the house of Assembly — elec-
ted in 1827 — showed that it was in nothing inferior to any house
that had preceded it. At no period of the political history of
LIFE OF HONORABLE ALEXANDER STEWART. 33
the province, from the days of Barclay, Blowers, the first Wil-
kins and others of that class — when a number of men, educated
in other countries, were thrown by the circumstances of the times
into the assembly — had there been a house that could compare
with that of 1830 in those qualities which were essential to pub-
lic discussion, and which gave to a legislative body its richest
charm and its highest elevation. No one of the previous assem-
blies had furnished such brilliant debates as the Custom House
matter, the Quit Rent, the CathoHc petition or the Revenue
question had called forth. The fact was that the speeches on all
those questions has been copied into the newspapers of the neigh-
boring colonies with warm but well- merited commendation.
It was equally a fact that thirty thousand copies of some of the
speeches upon the Catholic petition had been circulated by the
English Catholics all over the Kingdom. These were unmistake-
able evidences pointing to the advancement which Nova Scotia
had made in the science of government and in the love of civil
liberty. Strangers — even distinguished members of the British
senate, had listened to some of the leading debaters in th's house,
with an attention as flattering as it was expressive, and had, on
various occasions, declared their gratification at the high order
of intellect by which the sessions of the legislature were frequent-
ly swayed.
The debate on the brandy question, in the treatment of all
its features, was not confined, so far as the denunciation of the
conduct of the council was concerned, to John Young and S. G. W.
Archibald. Alexander Stewart followed the learned Speaker,
and Beamish Murdoch also took a leading hand in. The "chiel
among them taking notes" who was attached to the "Club"
kept that institution well posted as to what all the debaters had
said, and the effect that Stewart's speech had upon the public
mind may be fairly guaged by the manner in which the astute
members of the "Club' ' applauded the sentiments of the eloquent
member from Cumberland. All the old chaps, it was represented,
were seated around the festive table. Having filled a glass,
Haliday rose and said:
3
34 NOVA SCOTIA HISTORICAL SOCIETY.
HALIDAY. — ^Extraordinaiy occasions, they say, bring out
extraordinary talents, and therefore, as this is a sort of jubilee,
we must not adhere to our old fashion of sipping our beverage,
as old maids sip their tea, but must fire away while there is a
shot in the locker. Fill again, my hearties, and never doubt
that our CAPACITIES will enlarge with the necessities of this
great occasion.
MERLIN. — ^Faith will we, my boy, for hurraing dries up
the throat sadly.
HALIDAY.— A bumper for my friend STEWART, who, on
this question, also ably supported the cause of the country, ad-
vocating the rights of the house with his usual command of words
and more than his usual command of temper. Allow me to bring
him before the notice of this "Club," and say to him in its name,
as the House of Lords said to Lord Peterborough, that he stands
in our regard as a person of great worth.
OMNES.— Stewart's health— Hip— hip— hurrah !
MERLIN. — ^Frae what part o' the kintra does Stewart come?
By his name I should judge he was o'Scottish extraction. The
bodie is too plump to be a descendant o' the family of the Pre-
tender; but he may hae sprung frae the Stewarts o' Clackeasy.
HALIDAY. — Stewart represents the county of Cumberland,
which joins the province of New Brunswick, and if he has sprung
from any Scotch clan, it must have been one upon the border;
for in his professional capacity he makes a practice of plundering
on both sides of the line. Now you see him laboring away in
the Court at Amherst or the River Philip, fighting for sheep,
cows and black cattle like a regular descendant of Clackeasy;
and anon he is to be found pleading causes in the courts at Dor-
chester or Frederiction, or stealing across the line with his pocket
well-lined with the produce of his professional toils.
Among those who defended the action of the Council were
Richard John Uniacke, Jr. It is only referred to here because
LIFE OF HONORABLE ALEXANDER STEWART. 35
of a reference made to Stewart. He said, "I have heard it said
by the Hon. gentleman for Cumberland, that sooner or later
there must be a rupture with his Majesty's Council, and we had
better come to it at once. What is meant, or intended by lan-
guage like that? I see no reason why we should have such a
rupture as I fear, right or wrong, some persons are bent on having
it. I have no desire to bring it on; but, Sir, when I hear of such
sentiments, I take it for granted that there is some secret motive
operating to which everything that is valuable must yield. I
will not attempt to draw the curtain aside, Sir, and expose the
feelings by which such expressions are produced." Stewart
made no reply to this insinuation, and it may be inferred there
was some truth in the suggestion that he was pressing his views
that the Council must be reformed.
The bill introduced by Stewart was passed by an overwhelm-
ing vote, and transmitted to the Council for concurrence and
by the Council promptly rejected.
The matter was not allowed to drop. After a very able dis-
cussion of constitutional rights in which Archibald, Murdoch
and others spoke in defence of the action of the House and Uniacke
for the Council the Message of the Coimdl was submitted to a
Committee of the House, of which Stewart was made Chairman,
to make a report, which they did, and in no halting terms declared
for the undoubted authority of the House in such matters.
A second Message was sent to the House by the Council de-
fending their conduct, and reflecting on certain statements made
by Mr. Archibald in the course of his speech. This action of
the Council added fuel to the flame. Stewart, then in an able
and dignified speech addressed the House, and said: "As the
subject before the House is one of very great importance I trust
it will be considered with that moderation which is necessary
to a cool, and wise decision. In all that we have yet done in
reference to this important dispute, the conduct of a majority
of the house has been marked by moderation, and firmness. I
36 NOVA SCOTIA HISTORICAL SOCIETY.
trust that our language, and our measures will be so distinguished
to the close. The message before us it appears to me may be
divided into three parts, and I shall proceed to examine the
first of these which relates to the charge against the honorable,
and learned speaker (Mr. Archibald), and here let me observe
that the debates of this house are published. Our deliberations
go on under the eyes of our constituents, and as the remarks of
gentlemen on the one side are replied to by gentlemen on the
other the bane and the antidote invariably go together. Our
discussions are carried by the instrumentality of the press to
every corner of the Province, and whenever assertions are made
affecting the conduct of public men, or public bodies, the answers
to those charges are also spread abroad, and the public are thus
put in possession of the materials for the formation of a correct
decision. If the charges are false and can be refuted, no injury is
done; if they are true, the conduct of the accuser is justified,
and the country is made acquainted with matters in which it has
an essential interest. Therefore, I contend that if the hon. and
learned Speaker made the remarks which his Majesty's Council
find reported in the public journals his speech received the fullest
answer it was possible to make. All that the Opposition could
say was said, and if his argument and his language were neither
satisfactorily gainsaid, nor repelled, it was I presume because
they were unanswerable. The same remarks may apply to the
case of the hon. member for Windsor. Mr. Dill has partly ad-
mitted in his place that his remarks may have been reported with
a little more force, and pungency than he was conscious of em-
ploying in the debate, but he tells you that the charges he made
were founded upon the communication made by the Collector
of Excise to an hon. member of the house, and can easily be con-
tradicted if they are untrue. It appears that a commercial
house of which the hon. Enos Collins is a member did on the
morning after the expiration of the revenue law, withdraw a
considerable quantity of brandy from the warehouse. I will
not say that Mr. Collins was privy to the transaction — of course
I presume he was not, but as he is a sharer in the profits of the
LIFE OP HONORABLE ALEXANDER STEWART. 37
concern I must say that it is for him a very unfortunate circum-
stance, for as Caesar said of his wife, the conduct of a man placed
in so elevated a situation ought to be above suspicion, and there-
fore it would have been better for him to have paid the duties,
than to have left himself open to such attacks.
I will now turn the attention of the house to what has been
the course pursued in England in cases similar to that which
we are now about to consider. And here I may remark that I
cannot find a single instance where the Lords made such a
charge against the Speaker of the House of Commons, as is to
be found in the Message under our consideration. On the con-
trary I find that when Sir Phillip Francis made a most severe
attack upon the conduct of certain lords — ^not a gross, and un-
gentlemanly but a most cutting attack, it was passed over with-
out notice, so with the attack made by Mr. Brougham upon the
House of Peers. He said that although it was the daily practice
of the established church to pray that the Ivord would endow
the peers with grace, wisdom, and understanding, yet he was
sorry their prayers were never heard, for by their acts they ap-
peared to possess neither. But no message was sent to the
Commons — no resolution that they would be justified in doing
no more business was adopted. The charge was not even taken
notice of by the Lords. But his Majesty's Council have not
only called the attention of this Hous^ to the language used by
its members, but they have decided upon it — they have called
it gross, and scandalous, nor do they stop here, for in the very
same paper in which they call upon us to punish our own mem-
bers for attacking them, they call our acts in passing the revenue
bills oppressive and unjust. (Here Mr. Stewart turned to the
message and commented upon the different clauses) Sir, I will
ask if in the Revenue Bills which we have twice sent up there
is anything to warrant such language? Is there any oppres-
sive tax in those bills? Have we laid any duty which can be
called unjust? And yet we are distinctly charged with injustice
and oppression. Our right has never been questioned to originate
38 NOVA SCOTIA HISTORICAL SOCIETY.
revenue bills, and therefore the language of this message is a
direct breach of our privileges, for the Council say in plain terms
that unless the house originate, and pass just such a bill as they
approve, they will not pass it. (Here Mr. Stewart again turn-
ed to the message, reading part of it, and commenting upon
it). The Council say that the most youthful lawyer knows the
language in which the King refuses his assent to a bill of sup-
ply. Now with all due deference to the wisdom and learning of His
Majesty's Council I will say that although we know the language
in which the assent of the Crown is given to a money bill, not
a single instance is to be found on record where a bill of supply
was refused. Now Sir, let me turn your attention to the peculiar
wording of that part of the Message which relates to my hon.
friend for the town of Windsor. "A Mr. Dill" is the phrase used
to point out the unfortunate offender. It is a trifle Sir, but
trifles serve to show the play of men's feelings, the operations
of their minds, and when I remember that on a former occasion
where an honorable member of this house chanced to incur the
displeasure of the Council he was styled Thomas C. Hallibur-
ton, Esq., in the message which conveyed the complaint. I can-
not but regret that on this occasion they have not thought it ex-
pedient to use the same courteous and decorous language. I
think if we were to say "A Mr. Collins' ' in any message which we
might have occasion to send up that it would scarcely be pleasing
to the honorable body of which he happens to be a member.
With your permission. Sir, I will now turn the attention of the
Committee to what took place in the House of Lords on the
14th May, 1861 (Mr. Stewart here cited the case of Lord Peter-
borough in the House of Lords, when that House refused on
complaint of Lord Peterborough of words spoken in the House of
Commons by Mr. Tate to take any cognizance of it, but contented
themselves with a declaration that Lord Peterborough stood well
in the opinion of the House). After dwelling on the different
bearings of this case, Mr. Stewart observed that he thought it
would be better for His Majesty's Council to direct the President
to say to Mr. Collins, as^the House of Lords had said to Lord
UFE OF HONORABLE ALEXANDER STEWART. 39
Peterborough, "that he stands in the good opinion of that body
as a person of great worth, and honor, notwithstanding what had
been said of him by "A Mr. Dill." Sir, if the freedom of debate
is to be curtailed in this house, if members here are to be tied up
to particular forms of expression, if in the heat of debate they
are to be restrained from the utterance of what concerns the
interests of the Province for fear of offending the delicate sen-
sibilities of some member of his Majesty's Council, there is an
end to our boasted privilege of freedom of speech — ^an end to
the usefulness of public discussion. There has not been an
instance of such interference in Great Britain for one hundred
years. The lords repose upon the general character of their
proceedings, and wisely trust to the wholesome operation of
public opinion. The last case I can discover occurred 130 year
ago. But, Sir, to say the least of the removal of the brandy
by the house of E. Collins & Co., it was very unforttmate. I
will not weary the house with further remarks, because I con-
sider it unnecessary, for even if we were disposed to consider
the charges which are made in this message against the honorable
Speaker, and the honorable gentleman from Windsor, other parts
of it are so objectionable — so unparliamentary, and so insulting
that we should degrade ourselves in the eyes of the country, and
the world, if we were to give it any other answer than that which
is contained in the resolution which I hold in my hand. We are
told distinctly that unless we pass such a bill as they require,
it will not be assented to, and our own acts are declared to be
oppressive, and unjust. Surely such language ought not to have
been used in a document complaining of the hcense used by hon-
orable members. They tell us that they will only agree to such a
bill, ere we have any before us. I am aware that in a former
case a different course was pursued from that which I am about
to propose, but although I acted with the house on the former
occasion, and although I disapproved of the language used by
that honorable member I sincerely regret those proceedings, and
I trust they will never be drawn into a precedent, because if
they were, they would have a tendency to abridge, if they did
40 NOVA SCOTIA HISTORICAL SOCIETY.
not altogether destroy the freedom of debate." He closed his
address by moving the following resolution which was seconded by
Beamish Murdoch — Resolved that though this House is and al-
ways will be desirous to uphold the dignity and respectability of
His Majesty's Council, and on all proper occasions take such order
as may be requisite thereon, on application to this house res-
pecting the same, nevertheless the opinion passed by His Ma-
jesty's Council upon the proceedings of the house in their resolu-
tions of the 7th inst., and the uncourteous terms in which those
opinions are expressed, preclude this house from taking the sub-
ject matter of those resolutions into consideration."
This resolution led to sharp debate in which several members
took part, and among others Mr. Bary who had been expelled in
the previous session. He attacked Stewart vigorously, and among
other things said, "If there is one seat more honorable than
another, it is that which I occupy (a roar of laughter) I hear
the hoarse laughter of the hon. member for Cumberland. Let
me tell that gentleman that I care as little for him as he says he
does for the despatches from his Majesty's Council."
These remarks are only quoted as showing that Stewart
seemed to be recognized at that period as one of the determined
opponents of the Old Council of Twelve with its closed doors.
Stewart of course replied trenchantly but it is not of sufficient
interest to reproduce here.
Richard J. Uniacke then took the floor, and made a very
strong speech in favour of the Council, and in course of it fell
foul of what Stewart had said, and moved an amendment. This
called for a repl}' from Stewart which was given with no bated
breath. "He regretted that the minority had again created so
much heat in the discussion. I endeavoured, continued Mr.
Stewart, to introduce the subject to the house with perfect cool-
ness, and I trust the manly determination which has distinguished
the majority from the commencement of this dispute will bring us
to a useful, and honorable result. We, Sir, as well as His Majesty's
IvlFE OF HONORABLE ALEXANDER STEWART. 41
Council I trust have consciences, but liberty of speech, Sir, is
the gift of God, and let us not tamely resign it. When the Hon.
gentleman for Cape Breton (Mr. Uniacke) says he had heard
me speak of the charges given upon the hustings, I will repeat
again that when the hardy yeomen of my County grasped my
hand at my election, the most impressive charge they gave was
to defend, and foster their rights and I am not at all afraid that
they will censure me for my conduct on this occasion. Another
charge has been made against me that I was in the Speaker's
chamber as a member of the Committee preparing the report.
This is a charge to which I willingly plead guilty, and in a crisis
like this I am willing to give my labor either by night or by day
to the good of my country. I have brought this message under
the consideration of the house without heat or temper and I do not
wish or intend to give it the go by. I talk not of His Majesty's
Council as a private individual, but as a pubUc body, as a branch
of the legislature. Much has been said about gentlemen mak-
ing apologies, but let me tell members that there is a mode
of asking an apology so offensive as to preclude compliance with
the demand. Shall we then refer to a Committee to say whether
the Speaker shall be censured? The hon. gentleman for Cape
Breton tells me that precedents are in his favor, but I have search-
ed for precedents, and can find none to justify this extraordinary
attack upon the head of this house. Liberty of Speech, Sir,
is part of the inheritance of freemen, and we ought to be careful
how we allow it to be curtailed.' '
Stewart's resolution was carried by 33 to 3, Uniacke, Harts-
horn and Bary composing the minority.
The last move at this session on this important question
was again made by Stewart, who offered the following resolution
which was duly passed;
"Resolved, that the payment of any sum of money what-
ever out of any other branch of the Provincial revenue which
shall not have been sanctioned by an appropriation Act passed in
42 NOVA SCOTIA HISTORICAL SOClETy,
the usual form or by some other statute of the General Assembly,
of this Province will not be made good by this house but this
house will consider such payment as a breach of duty on the part
of all persons concerned therein, and will hold them civilly res-
ponsible for the amount of any such payment."
The Council after this in reply to a request of the house to
send down all such votes and resolutions as were still stand-
ing as the house was desirous to complete the Appropriation
Bill, answered, "That no message could be received from the
House of Assembly." Before any further action could be taken
His Honor the Administrator of the Government summoned the
Members to the Council Chamber, and prorogued the House in a
speech which reflected the opinion of the Council.
In consequence of the death of the King George IV. on the
26th June, 1830, the House of Assembly was dissolved, and
writs for a new election were issued. Stewart, with his colleague
Joseph Oxley, was again returned for the County of Cumberland
with an overwhelming majority, as were all who had fought on
Hhe same side.
The house was called together for business on the 8th Nov-
ember, when Archibald was unanimously elected Speaker. The
Brandy question at once commanded its attention. It was placed
in the hands of Stewart to bring the question before the new
House. In the Committee of Ways and Means he submitted a
resolution that a duty be imposed on Brandy practically the
same as in the rejected bill at the previous session. A great de-
bate then ensued in which the leading speakers on both sides
expressed their sentiments, and it soon became apparent that
the Council had gained little by the dissolution. Stewart took a
very leading part in this discussion, and was severely assailed
by the champions of the Council as a disturber of the peace which
had hitherto reigned throughout the Province. Stewart, however,
met his antagonists with unflinching determination. When it
was argued that the Council would again reject the bill, among
LIFE OF HONORABLE ALEXANRED STEWART. 43
Other things he said, "Sir, I have endeavoured, and so far as lies
in my power I shall still endeavour to avoid a rupture with the
other branch, but will he tell the Committee, Sir, that we who are
a new house, who came here ignorant of, and unbound by previous
Acts of former Assemblies caimot impose a four penny duty
upon an article for fear it may give offence to some other branch
of the government? If we are a new house, the Council as re-
gards us, are a new house and neither have anything to do with
former differences and contentions. We are to lay such duties
as from a view of our wants and resources we think necessary to
raise a revenue, and in my conscience I believe that the article
of Brandy can fairly bear, and ought to bear the duty I have
named. I am here, Sir, as a free and unbiassed representative
of the people to give my opinion according to my best judgment.
That opinion I have given upon this matter, and I should like
to know what is there in my sentiments, or my conduct to justify
the remarks which have been made? There is no quarrel be-
tween the two branches and I trust too there will be none. I
will not anticipate a continuance of the evils which the country
has already sufifered. I will not for a moment believe, although
I hear it whispered about by those who may be in the confidence
of the Council. I caimot believe Sir that a bill framed by this
house for the purpose of raising a revenue, upon due deliberation,
and from a full view of our wants, and resources, — sl bill which
oppresses no man, and which lays the taxes fairly, will be re-
jected upon any punctilio that the Council are bound to follow
up with this Assembly — any differences which it may have had
with former houses. >,?
Mr. Bliss, afterwards Judge Bliss, who had been returned
for Hants County, took up the Council's side and replied to Stewart
who in answer to the argument asks what the Council would do
again said, "But, Sir, is not this absurd? Are we not as regards
each other, new branches of a new legislature, and are we to refer
back, and revive differences in which perhaps warm feelings were
excited on both sides, but which no longer exist. We are here
assembled to detremine what duties ought to be imposed. Here
44 NOVA SCOTIA HISTORICAL SOCIETY.
no stand has been taken, and, Sir, I cannot, and will not believe
that for so trifling a matter as this, the Councils of this hitherto
quiet, and happy Province will be again disturbed. But if that
is to be the case, we should now weigh the subject calmly, and
make up our minds to adhere to such duties as we may see fit
to impose." Mr. C. Fairbanks to the surprise of many then
came out in favour of the Council, and attacked Stewart, and
the resolution he had prepared. To the old argument of what
the Council would do Stewart in answer to Fairbanks said, "Are
we to be controlled in this way. Sir? Are we to be told that
we are to suspect, to imagine what are the opinions of another
branch, and conform our legislation to those opinions, instead
of making it expressive of our own? Are we before we determine
on a measure to cast about, to ascertain whether or not it will
be agreed to? But, Sir, have we been at all disposed to send
the same bill back to the Council, as some gentlemen were appre-
hensive we did intend to do? Have we not struck off the duties
on some articles and reduced all the duties upon the necessaries
of life? I, Sir, disclaim all intention of disturbing the country,
but I conceive I am bound to do my duty as a member of the
Assembly without reference to any other body." — ^And later
he says, "But the house would not be alarmed or disturbed by the
forebodings of the hon. and learned gentleman — it was highly
improper to endeavour to terrify members by threatening them
with the probable rejection of the bill. He regretted the in-
jury the Province had sustained but he must tell the hon. and
learned member who had condemned the conduct of the last house
in a manner so uncalled for, and so unceremoniously that he would
rather see the Province suffer tenfold that injury than that the
Council should obtain what they had contended for, a right to
interfere with the taxation of the people. Should this ever
happen a seat in that house would be of little value or utility.
He had hitherto avoided as much as possible any recurrence to
past events, but after what has been said on the subject of them
by the honorable gentleman, justice to himself obliged him to
state that his constitutents had approved of his conduct. He
LIFE OF HONORABI^E ALEXANDER STEWART. 45
feared not their censure, while he contended for their rights.
They wished conciliation not degradation. They desired to pos-
sess the liberties of Englishmen. Was it by following a course
dictated by fear that they had become respected throughout the
world? It was not by following such counsels as those of the
learned gentleman. His desire was to see peace restored, but
he was not willing to pay so high a price in its purchase as had
been proposed by the hon. and learned gentleman."
This matter having been disposed by the adoption of Stewart's
resolution he proceeded further in the same direction. As sta-
ted by the writer of the Reminiscences, "Following up the prin-
ciples of Responsible Government which he had so fearless-
ly advocated on the hustings, and on the floors of the House
of Assembly, Alexander Stewart moved a resolution for the ap-
pointment of Committee to prepare an address to His Majesty re-
questing that he would be pleased to declare his Royal will and
pleasure on the bill for providing for the Custom House estab-
lished in this Province. Mr. Bliss (and Mr. DeBlois for the town
of Halifax) was opposed to this motion, which however was carried
by a vote of 22 to 10. Stewart in replying said, "he regretted
that the hon. gentleman for the town of Halifax was so sensitive
when there was not the slightest occasion. He should like to
know when those attempts at improper legislation had been made?
Could the hon. gentleman point out an instance? He had moved
the address because by having the bill assented to, the saving
would be very great, and besides the Custom House Ofiicials would
be obliged to furnish quarterly accounts to the house, whereas
under the existing condition, these were only obtained by an en-
quiry through the Executive, and were paid for by a separate vote.
Another important consequence which would result to the trade
of the country would be that duties could then be paid into the
Custom House in the currency of the Province, instead of gold
and silver at rates that were in some measure oppressive.
The result of the dispute on the Brandy question was that
the Council quietly accepted the biU passed by the House, and
40 NOVA SCOTIA HISTORICAL SOCIETY.
thus terminated the unseemly dispute in which the House of
Assembly led by Stewart firmly vindicated their rights against
the encroachment of the Council. It is difficult to understand
how even in such a superficial compilation as the so called "Camp-
bell's History of Nova Scotia' ' Stewart's name is not mentioned
as taking any part in this important contest, while the names of
others with their speeches in some instances are given in full.
In the next session Stewart is found active, and prominent
in attacking another monoply. The only bank then in existence
was The Halifax Banking Co., a private partnership, of which
Mr. Cogswell, and Mr. Collins were the chief members. These
two gentlemen with other shareholders were members of the Old
Council of Twelve. It was found that this Bank was using its
powers most oppressively, and a movement was made to incor-
porate another Bank — the Bank of Nova Scotia. The Council
and their friends in the House of Assembly bitterly opposed the
establishment of another Bank. Stewart, it appears had sub-
scribed for stock in the new Bank, but when the opposition arose
he withdrew his name so that he might advocate the cause.
Stephen DeBlois, a member of the town, was a zealous friend of
the old bank, and he resolutely stood in the way of the progress
of the Measure. ' 'But at each step," says the editor of the Remi-
niscences, "he was adroitly pushed aside by Alex. Stewart, who
.at the outset declared that the bill was of great importance to
the Province, and even to the very existence of the House as a
free legislative body. He had no hesitation in saying that there
was a despotic influence exercised over the country, and that
the sooner the bill was adopted, the better. To avoid all appear-
ance of interest biasing his judgment Mr. Stewart informed
the house that he had withdrawn his name from the subscription
list where it had been down to the extent of iJlOOO — he had there-
fore nothing to do with the speculation and intended to keep
out of it."
The following extracts from the Reminiscences describe the
subsequent course of matters :
]
LIFE OP HONORABLE ALEXANDER STEWART. 47
The two leading members of the house of assembly — the
most experienced parliamentarians at least — ^Alexander Stewart
and John Young, sparred, one with the other, very dexterously
over the bill to grant a charter to the Bank of Nova Scotia. The
latter, however, was somewhat provoking in his movements — so
much so in fact that Mr. Stewart was tempted almost to go out-
side the severely legitimate practice of the assembly, in meeting
the peculiar method of attack that, in the treatment of this mat-
ter, characterised his opponent's conduct. Mr. Young, whose
policy of silence at the outset, had called forth a satirical remark
from Mr. Stewart, took the ground that the outline marked
by the bill was an unsafe course to pursue. The track of the
English and Scotch banks, in his opinion, the only safe one to
follow, and in alluding to the Scotch banks he declared that in
case of mismanagement of directors the stockholders were liable
to pay. In consequence of the many failures of banks in the
United States between 1820 and 1826, the plan of the Scotch
banks had been, in a great measure, adopted in that country.
The house, it was evident, was being impressed to a considerable
extent by this ingenious suggestion of a safeguard that carried
with it so much of security to the depositor, and the advisability
of its adoption, in respect to the proposed charter, was consid-
ered not unreasonable in view of the fact that a painful experi-
ence elsewhere had made it necessary that the liability of the
shareholder should be so exhaustive. The fact was that Mr.
Young had caught the ear of the house, and it was plain to the
advocates of the measure that if the strong feature he had so
adroitly introduced was permitted to be embodied into the char-
ter, the Bank of Nova Scotia would have to postpone its open-
ing until a more convenient season. Private banks — ^Mr. Young
drove home his safeguard suggestion by declaring — were bound
to make good all loss, no matter from what cause, so far as their
property extended, but according to the bill to incorporate the
new bank the directors and shareholders were, to a great extent,
irresponsible. Its principle in that respect differed from any
other bank of the kind.
48 NOVA SCOTIA HISTORICAL SOCIETY.
The member for Cumberland, and the member for Sydney,
had, up to this time, usually worked together in the house in the
promotion of those measures that had, within them, the elements
of reform — of progression, but in the matter of the new bank,
they evidently viewed matters from different standpoints. Mr.
Stewart said that Mr. Young, in his opposition, seemed to be
directly against the principle of charters although he declared
that he was not hostile to them. He seemed to entertain the
view that the measure differed from all others respecting irre-
sponsibility, while the fact was that the New Brunswick bank
was precisely of a similar character. It was a matter greatly
to be desired that the opposition of Mr. Young could be clearly
understood. He semed to be bent on keeping the house in the
dark. The friends of the new bank could easily understand
the open opposers of the measure and the advocates of the Hali-
fax banking company, but they could not understand the in-
tentions of the hon. member for Sydney. Mr. Young replied
with much warmth to the incisive observations of his quondam
friend. He had never thought of opposing the principle of in-
corporation. It was good if properly guarded. The case of
the New Brunswick bill might or might not be as had been stated,
but were there, he asked, no other clauses in it which checked
and guarded mismanagement? Mr. Young then referred to a
pamphlet for a bill regulating a bank in the state of New York,
which stated that shareholders should be responsible for loss
occasioned by directors, and, in his judgment, it was only fair
that they should for they had the sole choice of them. This
reference — now made for the second time — to the extent of the
liability of the shareholders of the chartered banks of other
countries, gave Mr. Stewart the opportunity that he had been
eagerly waiting for. He rose in his place and then — to quote
from our reporter's notes — the debate took this turn:
I consider it my duty both to oppose and expose fallacious
arguments. Public characters belong to the public, and by
severe tests alone are men tried. I now call on the member for
Sydney to read the WHOLE of the passage which alludes to the
New York bank.
LIFE OF HONORABLE ALEXANDER STEWART. 49
Mr. Young proceeded to read the passage: "the holders of
stock at the time of mismanagement shall make good any loss."
Mr. Stewart — ^Read on.
Mr. Young (reading) "provided that no one shall pay more
than the amount of stock held by him at the time." (Much
laughter) .
Mr. Stewart : the house has now had the satisfaction of hav-
ing heard the whole of the article on this point. As first read,
it appeared that stockholders were held liable to the extent of
their property, whereas what followed showed that they were
only liable to the amount of shares held.
The new bank had yet to pass through a more trjdng ordeal.
It had to face His Majesty's Council. It had to go before a board
which James B. Uniacke said, in the course of the debate in the
assembly, differed little except in the colour or form of their
table from the Halifax banking board. Supported, however,
by a very substantial majority of the lower house, it was sent up
to the Council, but when it came out of that chamber it bore the
marks of a somewhat severe handling. It was not permitted
to any body to know by whose particular hands the bill had — ^in
the eyes of the promotors — ^been disfigured, because no stranger
was allowed behind the screens except Joseph, the messenger,
who put the coals on the grate to keep the ' 'old women," as Sam
Slick irreverently called the council of Twelve, warm. The
house was informed simply that His Majesty's Council had passed
the Nova Scotia bank bill with AMENDMENTS. The house,
of course, got its "dander up" at once, and as it was more than
suspected that "the cute man," Hezekiah Cogswell, the presi-
dent of the Halifax banking company, had been the skilled
artizan that had undertaken to give the bill another shape from
that in which it had been moulded by the house, it was moved
that a committee be appointed to search the journals of His
Majesty's Council for the purpose of finding out some particulars
in regard to the treatment of the bill. Mr. Bliss was entrusted
4
50 NOVA SCOTIA HISTORICAL SOCIETY.
with this mission, and he went to ' 'beard the lion with apparent
alacrity. John Young and Alex. Stewart were not eager for
the duty. He returned to the house with the bland-like an-
nouncement that it appeared that perfect unanimity prevailed
on the subject of the bank bill in His Majesty's Council, and that
there had been a full attendance of members, and no division had
taken place on any of the amendments. He said nothing more.
But Mr. Young and Mr. Stewart were not — ^viewing their own
personal interests — quite so discreet. They both "pitched in"
without any circumlocution. Mr. Young remarked on the evil
tendency of His Majesty's Council deliberating with closed doors.
He thought the time was near at hand when the doors of that
chamber would be thrown open by the force of a righteous pub-
lic opinion. Mr. Stewart stated as his opinion that the acts of
that body relative to the Bank bill would tend to quickly hasten
the alteration which was wanted in the constitution of that
branch. He expressed himself warmly on the seemingly inter-
ested influence which was exercised by the bankers in His Majes-
ty's Council against the measure that had been adopted by the
house after so much careful consideration. Mr. Bliss still kept
a quiet tongue. And before the term of the parliament had ex-
pired, the hon. gentleman was snugly seated on the Bench of
the Supreme Court; and he left Mr. Young and Mr. Stewart on
the red benches to hammer away at the doors of the old council
chamber. ,
Mr. Stewart at this period, and indeed from the time he first
entered the house of assembly, was classed among the whigs.
No man in the assembly was more watchful with regard to the
■encroachments of His Majesty's Council and the rights of the
lower house. He was punished. The SILK GOWN which,
tiaturally, he greatly coveted, was withheld. Of Mr. Stewart
it may be said in this connection, that his talents were of a high
order. As a debater he was bold, impassioned, energetic, and
sometimes eloquent. Imagine to yourself, reader, a man of
middling stature, of an impressively intelligent countenance,
and about forty years of age, and you have a tolerable idea of
LIFE OF HONORABLE ALEXANDER STEWART, 51
Alexander Stewart, the member for Cumberland. Mr. Stewart
subsequently recovered himself somewhat in the eyes of "the
old women" and was selected by Sir Colon Cambpell as one of
the newly-formed Legislative Council in 1837.
The question of the right of appropriating the Revenues of
the Province was still agitating the public mind. It had been
repeatedly before the House, and addresses passed to the King
on the subject. A dispatch from the Colonial Secretary had been
sent to the Assembly by the Governor in the session of 1833,
making certain proposals, but these apparently were not what
the House wanted. A debate took place which was opened by
Stewart who moved a resolution that a Committee should be
appointed to prepare an address to His Majesty setting forth
the willingness of His Majesty's subjects in this Province to con-
tribute to the utmost of their means to the support of the Gov-
ernment when required so to do in the manner prescribed by the
British Constitution, and the usages of Parliament, and humbly
prajdng that he would be pleased to make such an order respect-
ing the casual and other revenues of the Province now expended
without the consent of the house as would render the application
of the same subject to the disposal and control of the House.
The passage of this address led to a reply communicated to the
House at the next session agreeing to the surrender of the whole
of the revenues in exchange for a moderate civil list. The salar-
ies which were to be paid on the civil list were brought before
the House but after discussion was rejected.
The session of 1834 witnessed the first formal attack on the
constitution of the Council which was begun by Stewart. He
moved three resolutions dealing with the subject, the general
purpose of which was first to compel the Council to open its doors
to the public during its deUberations on matters affecting the
Province, secondly to reform the Council by an increase of its
members chosen by additions from the country, and thirdly to
take away its executive power by separating the legislative
from its executive functions thus forming two distinct bodies.
52 NOVA SCOTIA HISTORICAI^ SOCIETY.
Nothing definite resulted from these resolutions at the time,
but the seed was sown which not many years after brought about
a complete change in the Provincial Constitution. The impor-
tant part he played in contributing to these great constitutional
reforms has never been properly appreciated by his fellow country-
men.
It was during this session too that the House of Assembly
appointed Stewart as their delegate to the Colonial Secretary
on the subject of Free Ports in the Province. Hitherto they
had passed addresses, and appealed in vain to the Home authori-
ties to open more ports in the Province to the trade of the world.
The restricted number at which goods could then be landed,
and free intercourse carried on was seriously hampering the grow-
ing trade of the Province. Stewart was now authorized to pre-
sent these grievances personally, and in the Journals of the house
of Assembly, Appendix No I, will be found a full and elaborate
report of his efforts. From this report it appears that he was in
England in the Summer of the year 1834, and that he must have
returned before the session which commenced in December of
that year, and continued until the month of March. His activ-
ity in the session of 1835 is simply marvellous. His name
appears either as chairman or a member of all important com-
mittees appointed by the House such as the Funded Debt of the
Province, the Collector of the Revenues as it afifected Provincial
Commerce, Sable Island, and the Light House service, Public
Printing, on wilderness lands of the Province how they may be
made to contribute to the Revenue, and on other subjects. In
most cases the reports bear evidence of his work and influence
in shaping them, and they were generally accepted by the House.
Again he is found frequently one of the members appointed to
hold conferences with the Council on matters where that body
differed from the conclusions of the House.
In addition to these labours he appears as prominent as ever
in the debates of the Assembly making his voice and vote heard
and felt on all subjects of discussion, and legislation. The same
LIFE OP HONORABLE ALEXANDER STEWART. 53
may be said of him in the previous session, from all of which it
can easily be understood he had grown to be one of the most
trusted, and useful members of the House. In the session of
1836 the proposal to Unite Kings and Dalhousie Colleges came
up in the House of Assembly. This proposition led to very long
and acrimonious debates in which Stewart took a decided stand
against endowing any religious body in preference over others,
and contended that Kings College had hitherto been carried on
entirely in the interests of the Church of England, and in a manner
inimical to other religious bodies. He pronotmced himself
strongly in favor of a union of the two Colleges — ^thus providing
for one which was sufficient not only for higher education in
Nova Scotia but in New Brunswick as well. The measure had
been introduced very late in the session and he contended there
was not time properly to deal with a question of such great im-
portance. He moved in amendment that no action be taken un-
til the next session, which resolution was carried, and the matter
deferred. ,;, i ^ ,\
In this speech he made a noble argument for the freedom
and extension of education to all classes irrespective of their
religious views, and took strong ground against a grant to Kings
College, Windsor, for the exclusive benefit of the Church of Eng-
land. Among other things he said, ' 'When he beheld the Alumni
of Kings College point to that long list of gentleman and scholars
whose affections were riveted to that institution as their holy
mother, not a syilable should escape his lips to detract from
their merits. With exulting gratification he gloried in them as
his countrymen, but he lamented that bigotry, which had con-
fined these blessings to them alone, and that the sons of dissenters
had not been permitted to swell the numbers of the illustrious
band. He regretted that that institution had not been conducted
upon more liberal principles, for then it would undoubtedly have
proved more universally beneficial. Could it be denied that its
unwise restrictions had brought into existence the Pictou and
Horton Academies, the one at Isle Madame, and all the petty
Academies;,- which had since arisen in the Province? And it was
54 NOVA SCOTIA HISTORICAL SOCIETY.
no manner of question that it had produced all the evils which
had combined to place the Province in its present unhappy
circumstances as regarded education. It was plainly evident
that the Province could not support all these Academies with an
additional College. Then could the House in justice to the
greatest portion of the pupolation of the Province, who depend
only on the common schools for their education, continue the
endowment of one College exclusively for the EstabUshed Church,
and establish another without secretarian bounds? If so they
were prepared to uphold these extensive institutions, and aban-
don all the other Academies, for it would be saying in effect that
they would refuse aid to every other hterary institution in the
Province, and would grant nothing to any respectable body of
men who asked for aid for the purposes of education.
If they were prepared in the present state of the revenue to
attempt to provide for the permanent support of two Colleges,
and all the Academies, then might the people of Nova Scotia
well exclaim in case of failure in their funds for Common Schools,
you have taken good care while legislating to provide for the
children of the rich, but you have forgotten us the poor, and the
education of our children. Such an Act would be but temporary
— ^it would not stand the test of years. If members would legis-
late to any purpose, if they would proceed in such a manner as
to render their acts conducive to the welfare of their constituents
they must meet the question now before them broadly and where
they did establish a scheme, it must be compatible with our free
constitution, under such laws only, and so consistent with exist-
ing circumstances as would ensure the good will of the people
by which only would it be rendered permanent."
The above are only a small portion of his remarks on this im-
portant subject which is of much interest at the present day,
when it is again proposed that Kings and Dalhousie Colleges
shall be consolidated into one Provincial University.,
hlPH OF HONORABLE ALEXANDER STEWART. 65
Many of the predictions he then made have since been veri-
fied and the question of higher education in this Province remains
in as unsatisfactory a state as in his day.
The General Election took place in 1836 when Stewart with
Oxley as his colleague ran his third, and last election. They
were opposed by Mr. McKim and Mr. Lewis, and after an intensely
close, and bitter contest Stewart was elected by a small majority.
Oxley being defeated by Lewis. As appears from the newspaper
correspondence of the time the smallness of the majority which
he hitherto a most popular candidate obtained, was due to a num-
ber of causes. He had removed from the County to Halifax some
two years before and was as a consequence in less touch with his
constituents than before. At this period too the great popular
cry against returning lawyers to the legislature was in full tide.
No less than thirteen lawyers had seats in the last House. Mc-
Kim while a man of no prominence, and of no particular ability
had traversed the County from end to end exciting the feelings of
the people against him, and arousing even the religious feelings
of one religious body by retailing scandalous, and untruthful
stories relative to his public conduct, and sentiments. Stewart
had been absent from the Province in England in the year pre-
vious, and therefore had no means of knowing or ascertaining
the extent of the prejudice which had been set in motion against
him. A powerful and active band of partisans led by his bro-
ther-in-law James S. Morse and Jonathan McCuUy then a young
lawyer, strained every nerve to accomplish his defeat, and suc-
ceeded in rolling up a majority against him in the middle and
western portions of the County. It was on this occasion he said
to his exulting enemies ' 'Wail until we get over Wallace Bridge"
and his hopes were fulfilled by a majority which crushed them.
It was during this campaign that at the hustings he refuted
the calumny that he had favoured one religious body to the pre-
judice of others. On being challenged he arose, and said, "I
am glad of this opportunity of stating my religious principles
which are, * 'Equality to all, and superiority to none. "
56 NOVA SCOTIA HISTORICAL SOCIETY.
McKim at once petitioned against his return, and in the
session of 1837 the matter was brought before the House and
evidence on the part of the petitioners against his election was
taken. The House was prorogued before the investigation could
be completed. The evidence on behalf of Stewart was not given.
A bill was then introduced by Doyle, and supported by Young
and others to enable the House to take up the matter at the next
session at the point it had reached. This was contrary to con-
stitutional usage, and was protested against by Stewart, but
carried by his opponents. It did not however become law being
rejected on the third reading. It only served to show the virulent
spirit which actuated his adversaries. In the meantime, and
before the next session of the Legislature Stewart was made a
member of the newly constituted Legislative Council.
It should be here explained that in the session of 1837 de-
spatches had been received authorizing Sir Colin Campbell,
Lieut Governor, to constitute two Councils, a Legislative and
Executive Council, thereby separating the two functions hitherto
exercised by the Council of being at once a branch of the Legisla-
ture and the Executive to advise the Governor. The new Council
were announced in the Royal Gazette, January 16th, 1838, as
follows :
Rt. Rev., the Lord Bishop of Nova Scotia, Simon B. Robie,
Peter MacNab, James Tobin, Joseph Allison, Norman Uniacke,
James W. Johnston, William Lawson, George S. Mott, Alexander
Stewart, William Rudolf, Lewis M. Wilkins, James S. Morse,
William Ousley, Robert M. Cutler, Alex. Campbell, James Ratch-
ford, Joseph FitzRandolph, and W. B. Almon, M. D.
These appointments it was stated were only made provision-
ally. At the end of the Session they all resigned, and on the
9th March, 1838, were all reappointed with the added name of
Enos Collins. These appointments were confirmed by the Home
Government after the House of Assembly had passed an address
complaining of the selection. Stewart as might be well imagined
in the discussion on the election petition proceedings was attacked
LIFE OF HONORABLE ALEX ANDER, STEWART. 57
by Young and others with a great deal of asperity. Mr. Uniacke
who was leader of the government in the House in defending the
recent appointments to the Legislative Council referring to some
of them coming from the popular branch said: "Mr. Stewart
who was taken from the House (Mr. Doyle, "And who changed
his opinions",) Mr. Uniacke — " That is the very best justifica-
tion in the world. Turn to your Journals, and you will find that
the very best men in the Legislature have changed their opinions.
But no — ^he was objected to because he did not change his opinions,
because he would not vote for the darling bantling of the Hon.
member for Halifax last session."
Young appears to have taken an active part against him in
which he was joined by other members opposed to the Govern-
ment. Uniacke's allusion is evidently to Howe's drastic resolu-
tions which Stewart refused to support. The House finally de-
cided to give the seat to McKim, although no evidence was ever
received in opposition to the petition. Stewart having then no
motive in going to the great expense of bringing witnesses from
Cumberland to the City, the petition was decided in McKim's
favour without further inquiry whether Stewart would have been
unseated on a full trial of the merits, therefore remained undecided.
A very good idea of Stewart's style of oratory and the bold
and independent stand he adopted when the occasion called for
it may be gathered from some extracts in his speech this session.
During a discussion in the House of Assembly in February,
1837, a serious attack had been made on some of the past legis-
lation of the late house, and a bill brought in to repeal some of
the Acts which had been passed. Mr. Stewart opposed the bill
in an eloquent and animated speech of considerable length, but
delivered with such rapidity of elocution says the reporters that
we were unable to seize the whole of what was said and we are
afraid our report will not do justice to that gentleman. We
understood him to say that considering the seat which he now
held might not afterwards be adjudged to be his, he had not in-
tended to take part in any debate involving topics upon which the
58 NOVA SCOTIA HISTORICAL, SOCIETY.
public mind had been agitated, till the members of the reformed
House of Assembly had accomplished those mighty measures of
improvement of which their election speeches were so redolent.
But he felt that it was his duty to himself, and to those members
of the old house who were not present to repel the abuse which
had been so liberally bestowed by the patriots of the present
house on the acts of the former. If there was one thing which
he desired more than another it was to meet his accusers on the
floor of that house, to demand from them there, not in vague
generalities, not in undefined and untenable charges, but distinct
and specific details. What were those dreadful measures of the
last house which had excited so much patriotic indignation? What
were the practical grievances brought upon the Province by the
unwise legislation of the last Assembly? He would yield to no
man in the ardour of his desire to benefit the people, and he had
invariably advocated those measures which he conceived cal-
culated to promote that end. He did not regard the men who
talk the loudest as those who were most likely to do the most, and
though the members of the old house must certainly yield to their
successors in that qualification he would crave leave to refer to
the history of the last ten years to see if they had not been engaged
in something more useful.
When first he had entered the Assembly an application was
made by the Council for the punishment of Mr. Halliburton for
some free expressions which he had used on the floor of that house
relative to the Council. Their application had been granted and
he blushed to acknowledge that he had been a member of the
house in which such a demand had been acceded to. But had the
application been some time later and the members better informed
of their rights and privileges they would as soon have cut off their
right hands as have yielded to such a demand.
"Sir, I must apologize to the house for the hasty, imperfect and
undigested manner in which I have addressed it. I wished to con-
tinue silent. I have been aroused by indignation to defend the
absent and defenceless many of whom are personal friends from a
hWH OF HONORABLE ALEXANDER STEWART. 59
gratuitous attack upon them and myself, to speak upon a sub-
ject of deep importance without sufl&cient preparation, and before
I sit down I repeat my requisition, and demand in legal language
a bill of particulars of our oflFences. I for one stand ready here to
meet, refute and repel the unfounded charges which have been so
widely circulated against the late house, if they should be repeated
here. "
Nova Scotian, February 23rd, 1837. Page 60.
As a good specimen of the mode in which Stewart met his adver-
saries in debate the following speech in answer to some remarks
of the late Sir William Young may be given. Mr Stewart said:
" I did not intend to say another word upon the present question,
but I feel myself called upon by what has fallen from the others.
It may be that the expressions which I let fall before I resume my
seat may ofifend one who will have to pass upon my own election.
(Referring to Sir William Young, who was chairman of Stewart's
election committee) but I care not. Had the learned gentleman
from Juste AuCorps (William Young) contented himself with what
he set out for I should have been silent. But, Sir, the time has
not yet arrived when that gentleman can, with impunity, stig-
matise all those who may differ from him in political sentiments.
Sir, I should be sorry if I did not stand ten thousand times higher
in this Assembly than any man that ever bore his name or had
his blood circulating in their viens. What right has he to tell me
because I think proper to express my opinions that I am an enemy
to of all reform. Have not other members a right to think,
to feel and to express their sentiments as well as himself. And
yet. Sir, the public eye, the public indignation, the public revenge,
is to be turned upon us because we vote on that side of the question
which in our consciences we think to be right. We are to be told
that with the exception of the hon., gentleman from Comwallis
and one or two others whom he has enumerated, all the rest are
to be put down as the enemies of the people. Sir, I have in times
bygone been charged with advocating measures too radical, and
I will not now 3aeld in the ardour of my desire to benefit the
people to any gentleman, however loud he may be in his profes-
60 NOVA SCOTIA HISTORICAL SOCIETY.
sions of patriotism. Sir, every man's public conduct should be
the test of his character, and I fear not to appeal to the part
which I have taken while I have had the honor of a seat in this
Assembly as the test of mine. I may allude to the salaries of the
ofl&cers of the customs which exceed our Provincial resources.
Year after year have I led the debates in the attempts of this
house to obtain their reduction. I have invariably advocated
the propriety of throwing open the council doors, of divesting
the Legislative Council of its executive functions, yet now we are
told to look at the division which is shortly to take place and
mark as the enemies of reform all who shall be found in opposi-
tion to the bill before the house. I do not know that I sneered
at the learning of the gentleman who on a former day gave the
house such copious extracts from some chronological table. But,
Sir, I thought that those who came into this house should be sup-
posed to have some little acquaintance with the rudiments of
history, and that it was but a poor compliment to them to be sup-
posed ignorant of the details which formed the burden of the learn-
ed gentleman's speech on that occasion."
One of the last speeches Stewart delivered in the House of
Assembly was on an amendment to Howe 's celebrated twelve
resolutions. In this speech as reprinted in the Nova Scotian on
March 9th, 1837, at page 73 he states very clearly his position.
He says "The resolutions on your table are a whole and have so
been debated throughout this debate. They are a system and as
such have been offered for your acceptance. They contain a
principle dangerous to Uberty, while they affect to extend, to
perpetuate, and secure liberty to the people. It is pregnant with
dangers of the most formidable character, and I fear it will in-
evitably separate us from that land to which it is yet at least our
pride, our glory and our happimess to belong. An elective
council? Sir, its advocates tell you that it will confer upon you
British liberty. Sir, it will destroy the political institution by
which that liberty is preserved. It will substitute for the high-
minded independence of Englishmen the low and grovelling
subserviency of democracy. This is not idle declamation nor am
LIFE OF HONORABLE ALEXANDER STEWART. 61
I seeking needlessly to arouse your fears. The subject is one of
deep importance. It concerns your children and mine. It is
the first step, always momentous. You will I am sure bear with
me for a few moments while I direct your attention to it. If in
your consciences you believe that in the main we are a happy,
peaceable and prosperous people, do not rashly impel them into
political strife and discord and agitation. The responsibility is
now with you. Before, however, I proceed it is but just to say
that much of the present discontent is attributable to the Council
themselves. Unwarned by their enemies, uninfluenced by their
friends, regardless of the practice of the British Parliament and
the colonies with a perseverance amounting to fatuity they have
persevered to legislate in darkness until in this house, in this
community, in the whole Province, there is but one voice; their
advocates are silent. This house divided upon almost every
subject is upon this unanimous. By what fatality is it that man
thus clings to power till it is wrenched from his unyielding hands.
Why did they not add to their numbers? Why not separate their
legislative from their executive functions? The time has arrived
when their house must be set in order, when this upper branch
of the legislature must be reformed. Upon this subject also
there is at length unanimity among the representatives of the
people. Sir, it were unjust to the hon. member for the County
of Halifax to attribute to him the crisis at which we have arrived.
It is to the impolitic and unwise retention of power that it is
mainly to be ascribed. Reasonably moderate concessions to
the wishes of the people would have averted this discussion.
They disregarded our warning, they think the people are careless.
They are in error. The people are shrewd and intelligent obser-
vers. They know that civil liberty depends upon political instit-
utions. Already the elective principle is becoming acceptable
to them. Let us make an effort to discourage it. Let our
prayer to our Sovereign be a moderate and a reasonable one and
it will be graciously considered. But though I do thus far deeply
deplore the course, pursued by the board, I will not attribute to
them collectively or individually corrupt and unworthy motives.
Their errors have been the result, the vice of the system itself.
62 J NOVA SCOTIA HISTORICAL, SOCIBTY.
Still less can I concur in regarding them as authors of all the evils
attributed to them. I therefore cannot support the resolutions
of the Hon. Member from the County of Halifax. The amend-
ment is more acceptable to me although it is not without exception,
since it prays, although in the altenative certainly for an elective
council. But as I am persuaded His Majesty's Government will
not accede to this part of the prayer I will give it my support.
If I may ask why I prefer a Legislative Council chosen by the
Crown to one elected by the people I reply that one is Enghsh
and the other American. The one monarchichal the other re-
publican. I look with pleasure upon the progress of the United
States in arts and science and all the elements of national prosper-
ity, but I regard with a prouder satisfaction the immeasurable
superiority of old England. Sir, I love the daughter much but
I love the mother more. Imitate her institutions. Pause
deeply to reflect ere you give your countenance to a proposition
which may plunge into political strife and agitation this peace-
able and happy colony and terminate in casting asunder from its
kind parent its natural and powerful protector. "
The eflFcet however of his acceptance of a seat in the Legis-
lative Council was to bringdown upon his head the unmeasured
abuse, and condemnation of all his opponents, and some of his
quondam friends. His motives were assailed in the press, and
even the Governor Sir Colin Campbell was attacked in violent
terms for making the appointment. Yet to an impartial obser-
ver at this distance of time it is easy to see that Stewart's conduct
was honourable, and consistent, and that the attacks on his
motives were unwarranted. The recent changes in the constit-
ution which had been granted by the Imperial Government were
in his opinion all that was necessary for the good government of
the Province, and went to the full length he had advocated when
a member of the House. He had attacked the Old Council of
Twelve which exercised both Legislative, and Executive powers,
and carried on their deliberations with closed doors. These
anomalies had been abrogated by the separation of the two bodies,
LIFE OF HONORABLE ALEXANDER STEWART. 63
and by the doors of the Legislative Council being thrown open
to the public. These were the reforms he had advocated, and
when Howe determined to press further for reforms he declined to
follow him. It is not a question whether in refusing to do so he
took the best, and wisest course. That he was consistent is
shown by a passage from Howe's speech on the resolutions in
which he said "The honourable and learned gentleman from
Cumberland, and other members of this Assembly, I am aware
contemplate the separation of the legislative from the Executive
Council, leaving the whole to be appointed by the Governor."
Having taken the stand he did no one could justly accuse
bim of inconsistency in accepting the position of a Legislative
Councillor, and devoting his energies and abiUties to working
out what he beUeved to be the best settlement of the Provincial
Constitution. That he was glad to escape the trouble and ex-
pense of the contest over the election petition there can be no
reasonable doubt. His appointment to the Council was bit-
terly denounced by his adversaries in the Assembly and his
critics outside. This doubtless is to be attributed to the hosti-
lity created by his action in speaking and voting against Howe's
resolutions, and his escape from the trial of the election peti-
tion then pending against him. It is also not to be forgotten
that amidst the turmoil of great political events which were
then agitating the Province partizan feeling had reached its
highest pitch and the pent up feelings of party animosity found
vent in unsparing abuse of their opponents. As he rose from
one position of honor to another and maintained his ground in
the face of every efifort to crush him these expressions grew
stronger still, and he became a mark for continued hostile criti-
cism to the end of his political life.
The reports of the debates in the Legislative Council show
that he at once took an active, and leading part in its early for-
mation, and in its deliberations. His long experiences in the
lower house and in pubHc affairs well qualified him for the work
of organization in which the relative position of the new Council
64 NOVA SCOTIA HISTORICAL SOCIETY.
in the Provincial Constitution had to be defined. Side by side
with him was the Honorable James W. Johnston, afterwards
SO eminent in political life, and with whom Stewart was asso-
ciated in the government until his appointment to the Bench.
Mr. Robie was President, and several members of the old Coun-
cil of Twelve whose proceedings he had so vigorously denounced
in the past occupied seats in the Chamber. The House of Assem-
bly as has been stated were so dissatisfied with the composition
of the body contending that the Lieut.-Govemor had failed to
comply with the instructions of the Home Government, that
they passed resolutions denouncing the action of the Governor,
and appointed two delegates to carry their grievances before the
Colonial Secretary. Messrs. Young and Huntington were named
for this purpose to proceed to England to represent the feelings
of the Assembly. The Legislative Council thereupon deter-
mined to appoint two members of their own body to meet those
of the Assembly, and present their side of the case. Stewart
and the late Judge Wilkins were selected, which indicates the
high estimation in which he was even then held by many of his
former opponents. While the selection was honorable, and
gratifying to him, it excited the wrath of the Assembly, and led,
as will presently be seen, to the most bitter and persistent attacks
on his conduct and motives. All the delegates left for England
in the summer of 1839, and in a series of interviews with the
Colonial Secretary and the members of the Imperial Government
the representations on both sides were heard. The result was
not entirely satisfactory to the views of the Assembly although
in the course of a few years owing to changes, and new appoint-
ments which were made, the composition of the Council was not
further assailed. Stewart remained in England for some months
after the other delegates returned. This so greatly excited the
suspicions of the Assembly that he was remaining for the pur-
pose of counteracting their wishes at the Colonial office that a
Committee of the House was appointed to wait on his Excel-
lency to ascertain whether Mr. Stewart was remaining in England
under the instructions of the Executive Council. To which his
IvlFE OP HONORABL,^ ALEXANDER STEWART. 65
Excellency replied that he had given no instructions to the
delegates of the Legislative Council, nor was he aware of the rea-
sons for Mr. Stewart remaining in England.
While the dissatisfactions of the Assembly with the com-
position of the Legislative Council terminated, the constitution
of the Executive continued for some years to be a source of great
trouble, and bitter feeling between the Lieut.-Govemor and
the Assembly. It was contended that the Executive should
be composed of members reflecting the views of the majority in
the Assembly, in a word that the Council as it then stood were
not responsible to the representatives of the people. Over this
well worn controversy it is not necessary to go further than to
record the part Stewart took in it. Stewart while in England
was on the 28th March, 1840, appointed to be a member of the
Executive Council. Such an appointment was in itself a mark
of confidence in him, but it was viewed by a majority of the
Assembly as a blow in the face. The Assembly were not slow
in showing the temper in which they received the news. On
the 24th March, 1840, this resolution moved by Howe was passed:
"Whereas, the Honorable Alexander Stewart has been ap-
pointed, or it is in contemplation to appoint him to the Executive
Council;
Therefore resolved, that in order to guard his Majesty's Gov-
ernment against committing an error that must have a ten-
dency still further to embarrass the Queen's Representative in
the Colony, the House conceives it to be their duty to state dis-
tinctly that there are few men in Nova Scotia who enjoy so
little of their confidence, and that they should regard his ap-
pointment as a direct insult to the House.' '
The violence of the language in this resolution shows that it
was the result of partizan feeling — more especially when no reasons
were then given, or ever afterwards except that he was a delegate
opposing their wishes. Moreover, both Howe and Young and
others who voted with the majority were in the course of a few
5
66 NOVA SCOTIA HISTORICAL SOCIETY.
months occupying seats in the Executive Council alongside the
man they had so strongly denounced in his absence. But Stewart
was not the man to allow such an attack on his poUtical character
to pass unchallenged. He was not in the Province during the
session of the Legislature at which this resolution was passed.
He returned to Halifax in the Cunard Steamer "Unicom" on the
1st June, 1840, after a passage of sixteen days. The first oppor-
tunity came to him in the session of 1841. A discussion took
place in the Legislative Council with regard to the recent changes
in the Council. This was his chance, and in his speech, as reported
in the Nova Scotian, 1841 , p. 58, he replied to the unjustifiable
attacks of his assailants in terms of indignation, repelling their
insinuations, and challenging them for proofs to which no one
oflFered, or attempted to make an answer.
"He prefaced his remarks by urging the interest felt in the
subject by the people of the Province. He was chiefly impelled
to speak by personal consideration. With pain and pride he
would have to speak of himself to throw himself on his country,
and he did so in the presence of one who had caused a stigma on
his (Mr. S) political character. He that day vindicated his char-
acter and threw down the gauntlet to all, chiefly to him who by the
command of the Sovereign had been so recently elevated to that
House. No change, he said, had been made in the constitution of
the country and the principle of responsibility had not been con-
ceded. He responded to the sentiments of the opener of the dis-
cussion respecting the tenure of seats in that house. These were
nominally during pleasure really during life. He agreed also that
if any member were removed from the seats of that body except
for the specified causes, all, the President leading the van, should
retire also. The house would be a mockery except it could take an
independent view of acts submitted to its consideration. If any
interfered with its free action, he (Mr. S) would adopt the motto
' Hereditary bondsmen know ye not who would be free themselves
must strike the blow. ' They should act as far as the vindication
of themselves went by constitutional measures requiring no demo-
cratic institutions so beautiful in theory and bad in practice, but
LIFE OF HONORABLE ALEXANDER STEWART. 67
British liberty in accordance with colonial dependence. They
were sent by the Crown to that house but they had interests in
the country equal to those sent elsewhere by the chances of an
election. The house should be independent, if it ceased to be so
better that it were abolished altogether. He referred to the
many years he passed in the lower branch, he led in almost every
measure of liberaUty that had been carried there, during the
period he held a seat. That body represented the Commons of
England as the upper branch did the Lords, in an humble degree.
British subjects carried the spirit of liberty with them wherever
they went, they should have British Government not in name only
but in reality. Responsible Government in a colony was respon-
sible nonsense, it was independence. If the Responsible Govern-
ment aimed at elsewhere, supposing the debates were reported
correctly, were granted by a Minister, he should deserve to lose
his head. It would be a severing of the link which bound the
Colony to the mother country. The recent changes infused a
principle into the government, which conveyed by practical oper-
ation privileges not hitherto enjoyed by the people. It was not
Responsible Government however. If the representative body
after solemn debate were to present a vote of want of confidence it
would be a matter of task and feehng with the members of the
Executive Coimcil whether they should resign or not, and for His
Excellency to consider whether the state of the country required
their dismissal. If not he would appeal to the people and enquire
whether the advice of their representatives were such as he ought
to follow."
He would next and for the first time claim the attention of the
house for some personal explanations. He had to vindicate a
public character of 16 years standing. No consideration could
induce him to refrain from answering what had occurred and of
throwing down defiance. That house and the late Governor honor-
ed him with a mission across the Atlantic and he thanked the gen-
tleman who accompanied him for vindicating his character in his
absence. It was sweet to read the language of a friend, to feel
that one man at least spoke in defence of a person who was not
68 NOVA SCOTIA HISTORICAL SOCIETY
present to defend himself. While on that mission he endeavoured
to perform his duty and received the thanks of the house on his
return. He had good cause to feel keenly while in England when
he read that which might have the effect of blasting his prospects
jiot withstanding his long services at the bar and in the legislature.
He would not have returned so early only that he felt it to be his
duty to meet his accusers face to face. He but little regarded
the effusions which for years the malice of concealed foes had
placed in the public prints. He felt that he was perhaps saved
from the assasin's dagger by animosity taking vent in that man-
ner. But when he saw on the Journals of the Assembly, the re-
solution passed by a majority of 18 in a house of 29 out of 50 mem-
bers, he considered it a duty to himself, to that body, to his
country, and most of all to his children, to hasten home and ask
those who passed it to state its foundation. Let them not
withhold out of delicacy to him from pointing out the political
crimes for which he had been thus visited. These had not yet
been pronounced. "Up to that day he had not heard what they
were. He was glad of that opportunity to demand their enumera-
tion. The appointment had been conferred upon him without
solicitation by the direction of his Sovereign. The recommenda-
tion was given by Sir Colin Campbell without his (Mr. Stewart's)
knowledge. The first intimation he had of it was by a letter
from His Excellency. Although that officer had left Nova Scotia
he would say of him that he had one virtue at all events that of
magnanimity. For months before the appointment he scarcely
entered the doors of Government House. He had complained
to the Colonial Office respecting a measure which operated against
a client and that caused an estrangem?-nt between His Excellency
and him. That did not prevent His Excellency from seeing when
the election scrutiny impended that he might be a victim, and he
said, " I do not think you used me well in complaining of me to the
Colonial Office but I think you are entitled to hold a place in the
Councils of the country and it gives me pleasure to recommend
you for that honor. " This answer he now gave to those who said
he had worn out the stones at Government House and that he
was an adviser of His Excellency when the Councils were formed.
LIFE OF HONORABIvE ALEXANDER STEWART. 69
The only suggestions he made were respecting Mr. Morton for the
Legislative Council and Mr. Huntington for the Executive. He
accepted Lord John Russell's offer of a seat and he felt it his duty
to take the the first opportunity of vindicating his character
from charges occasioned by that appointment. Was this treat-
ment to be one of the earliest advantages of responsibility, accusa-
tion in his absence, and condemnation without any specific charge?
If so, all he had said of that system was too feeble to describe the
misery it would produce. On Lord Sydenham's visit finding that
a committee of the lower house had been appointed to communi-
cate with his Lordship, he (Mr. Stewart) desired to meet them
before His Excellency and if he was the political apostate repre-
sented, if he made his mission to England subservient to his own
interest, if he was not a worthy son of the land of his birth, then
let him be turned from office. If these were not proved let him
be retained. His Lordship was pleased to say that investigation
was not necessary. The request was repeated and he could not
forget the delicate attention paid by His Lordship. He said that
he had enquired of all parties, that the investigation was not
necessary, and that he would give a proof that the confidsnca of
the government was continued by reappointing him to the execu-
tive and continuing him in the Legislative Council. He did not
go into these details for the purpose of interrupting harmony but
because nothing was so dear to him as character. What had he
done to cause that mark of censure? Was it his conduct on the
quit rents? Distinguished members of the other house voted
with him on that subject, and of the minority of 10 but 2 were
returned in a subsequent election. That could not be the cause
He had been exculpated up to 1837, and what did he then do that
a record against him should go down to posterity. He supported
nearly every liberal measure which was introduced into the house
while he sat there. He was the originator of the free trade measure.
It could not be that. Nor the Catholic Oath bill, nor the provision
to prevent Protestants from taking the oath, nor the Marriage
license measure. But it would be in vain to enumerate. Up to
the period of his leaving the House of Assembly he was considered.
70 NOVA SCOTIA HISTORICAL SOCIETY.
fit for a seat in both councils. How had he acted as an independ-
ent member of that house? He assented to nearly every measure
sent from the other branch. On the Quadrennial Bill, he exercised
an opinion feeling that whatever changes were made, some stability
should be given to public institutions, and while he sat in that
house he would act independently. On the Civil List Bill he saw
that it was not consistent with the policy of the government, and
that permanent salaries for certain officers should be provided.
That had been confirmed from Home and acceded to by many of
the Assembly. If he had offended on that he offended in company
with the Hon. gentleman, the Solicitor General who sat beside
him. But he also was one of the proscribed because he and others
had not accorded with the vote of censure they were pronounced
unworthy the confidence of a party in the Assembly. They did
themselves honor by not giving that Act their approval. How
could the Governor have dismissed his Council at that time with-
out disgracing himself and tarnishing his fame. That could not
be the ground of an attack on him (Mr. S.). What was it then?
He recollected one point which might perhaps furnish an answer.
In the report of the delegates of the Assembly written with the
peculiar felecity of the author it was said that he (Mr. S.) while
representing that house in England stated that Nova Scotians
were such abject slaves though they were trampelled under foot
they would not rebel. A saying was that if a worm were tram-
pelled on it would turn. It was true that in a discussion one ofthe
delegates stated a case hypothetically in which people might have
no recourse but rebellion. He (Mr. Stewart) saw that this caused a
misapprehension, that an impression not intended was conveyed,
and he said that the people had no feelings but those of loyalty,
and that no intention respecting rebellion existed. Why did not
the assembled delegates at that moment say that he did not re-
present Nova Scotia. That was not done. He was proud to
know that the people were affectionately, disinterestedly and even
romantically attached to the Sovereign, that they felt devotedly
attached to the land of their fathers and that they had no wish to
be separated from it, and dreaded to be swallowed by the neighbor-
ing republic, that they loved British liberty, not licentiousness."
LIFE OP HONORABLE ALEXANDER STEWART. 71
" He did not speak to revive angry passions. He was wilKng to
meet that gentleman and go hand in hand with him for the advance-
ment of the public interests. He had met another leader the most
distinguished in the house (Referring to Joseph Howe) He, (Mr.
Stewart) was one of the first in the former house to forsee that
gentleman's acquisition to power and place, to see the genius
emerging which had burst forth since. He recognized his ability
and was glad to see his talents employed in the service of his
country. He would always find him (Mr. S.) ready to go with
him while he proved anxious for the good of his native country.
Willing to support him, in supporting the dignity of the crown
and the interests of the people of Nova Scotia. When he (Mr. S.)
did that he only did his duty to the representative of the Crown,
to himself and to that house."
When Stewart was appointed a member of the Executive Coun-
cil Responsible Government as we now enjoy it had not been
completely obtained, or more correctly speaking was not fully
understood. That appointment was bestowed upon him on the
recommendation of Sir Colin Campbell, then Lieutenant Governor,
and as has already been pointed out caused great indignation
among his foes in the House of Assembly. On Sir Colin's recall
Lord Falkland succeeded to his place in September, 1840. One
of the first acts of the new Lieut. Governor was to call for the
resignation of some of those who had been members of the Old
Council, such as Jeffrey, Collins, Cogswell and Tobin; and to ap-
point in their places Mr. Howe, and Mr. McNab. The Execu-
tive as then constituted was composed of the following persons:
Hon. S. B. Robie, Sir R. D. George, James W. Johnston, Edward
W. Dodd, T. A. S. De Wolfe, Alexandes Stewart, James B. Uniacke,
S. G. W. Archibald, James McNab, and Joseph Howe. Archibald,
who was also Attorney General, shortly afterwards, on the 29th
April, 1841 , was appointed Master of the Rolls vacated by the death
of Mr. Fairbanks. The Government as will readily be understood
from the names of those comprising it held different views on many
subjects. It appears from a discussion that took place in the
House of Assembly Feb. 18th, 1841, that Howe had been consulted
72 NOVA SCOTIA HISTORICAL SOCIETY,
in 1837 by Sir Colin in reference to the composition of the Coun-
cil under the changed conditions. Howe in explanation says
"Of members of this House, the persons recommended for seats in
the Executive Council were the Attorney General (Mr. Archibald),
Mr. Stewart, and Mr. Huntington. Mr. Goudge enquired was he to
imderstand that Mr. Stewart was one of those recommended. Mr.
Howe. Yes, in 1837. At that time he was a very young member
of the Assembly, and Mr. Stewart up to that period had taken
about as broad liberal views as most gentlemen in the House, not
decidedly belonging to the liberal party."
In these words forced from Howe is to be found the most
complete refutation of the resolutions he had assisted in passing
in the Assembly reflecting on Stewart. That it was a piece of
political spite prompted by unworthy motives does not admit
of any doubt. The same remark applies to Young who took
his seat at the same Council board 13th January, 1842. Stewart,
Johnston, and other members who sided with them held very
dififerent views to those of Howe, Young and MacNab in regard
to the position of the Executive in the constitution of the Prov-
ince. The latter of course contended for Responsible Govern-
ment pure and simple — that is to say that the Executive should
be composed of persons only who had the support of the House
of Assembly. Stewart on the other hand expressed in one of
his speeches the opinion of himself and friends in the following
language — "In Canada as in this country the true principle of
Colonial Government is that the Governor is responsible for the
acts of his government to his Sovereign, and the Executive
Council are responsible to the Governor. He asks their advice
when he wishes it He adopts it at his pleasure, and it is the
duty of those who disapprove of his acts to retire from the
board."
This, however, was not the popular view, nor the one which
ultimately prevailed, but it thoroughly explains Stewart's at-
titude at the time, and while he held a seat in the Government.
LIFE OP HONORABLE ALEXANDER STEWART. 73
Ivord Falkland's government was distinctly designed to be a
non-party one, and it was on that understanding that Howe,
MacNab, and James B. Uniacke joined it as representing the
liberals in the Legislature, while Johnston, Stewart, and others
represented the Conservatives. With such elements harmony
could not long reign. It was broken by the appointment of the
Hon., Mather Byles Almon to be a Member of the Executive.
This took place on the 21st Dec, 1843, and immediately Howe,
Uniacke and MacNab sent in their resignations which were ac-
cepted. From this time commenced the war in earnest between
the two parties into which unhappily Lord Falkland was dragged.
To enter into the particulars of that unseemly dispute is unnec-
essary. Nothing but the extreme violence of party feeling then
raging will account for it, while nothing can justify the conduct
of the principal actors. This may be urged somewhat in ex-
tenuation that it occurred at a time of great political upheaval
when passions were roused by the importance of the vital ques-
tions involved, and much was said and done of which in calmer
moments those who were guilty would be ashamed.
As one specimen of the scurrility indulged in toward Lord
Falkland the following from the Nova Scotian, Sept. 9th, 1844,
is given :
"But what need the Governor care for the hounds. Has he
not his own miscellaneous pack to defend him? Are there not
the Sydney Pug (referring to Judge Dodd) the Annapolis Ter-
rier (referring to Mr. Johnston), Snarlyyow from Cumberland
(meaning Stewart) and his little dog Tray of the "Morning Post.' '
' 'Mongrel, Puppy, whelp and hound
"and curs of low degree"
"and the Lieutenant Governor."
But as might be expected from what has been already stated
the vials of their wrath were chiefly emptied upon Stewart.
Johnston was the leader of the Government as well as Attorney
74 NOVA SCOTIA HISTORICAL SOCIETY.
General. Stewart was his chief lieutenant, and led in the Upper
House. The opposition press teemed with daily abuse of his
character and conduct.
The following, extracted from the Nova Scotian of July
4th, 1845, conveys some notion of the mode in which he was
attacked under the heading of "Deserters."
"Hon. Alex. Stewart gave early indications of the genius
for which he is now universally distinguished. Manifested great
astuteness as a merchant, accountant, and financier. Deserted
the interests of Commerce and the bustle of the City for the
study of the law, and the privacy of the country. Came out a
violent advocate of ultra-liberal principles, country interests,
and homespun breeches, and was elected for Cumberland. Fired
by his country's wrongs and overflowing with indignant zeal
at the dictation of the Colonial office, the voluntary delegate
to the Colonial Minister went home a patriot, and came back a
courtier. Sandy having deserted his principles the people of
Cumberland shook him off, whereat he deserted the country
for the city, and eschewed homespun breeches. He was ap-
pointed Legislative, and Executive Councillor by Sir CoHn Camp-
bell, and served in three administrations in four years. Having
become tired of deserting former associates, and principles,
Sandy is said to have made up his mind never to abandon any
administration until fully satisfied of its inability, or indisposi-
tion to reward deserving men, or desert any Governor until
perfectly satisfied that his ruin has been fully accomplished."
The obloquy cast upon him by his political enemies does
not appear to have had any influence on his public conduct.
From the time he took his seat in the first session of the Legis-
lative Council until his promotion to the Bench he devoted his
mind with his usual energy to all public matters and questions,
speaking very frequently, and generally directing the course
of legislation in the Legislative chamber. It can readily be
seen on consulting the records of that body that his opinions
carried great weight, and that he easily held a first place.
LIFE OF HONORABL,E ALEXANDER STEWART. 76
Any attempt to describe in detail the various measures with
which he was called upon to deal would be to write the legis-
lative history of the Province during that period. His general
views and conduct on all the great public questions are suffi-
ciently told in what has preceded. As a member of the govern-
ment in company especially with Mr. Johnston he was con-
tinually and roundly denounced as not there by the will of the
people, but by the favor of the Lieutenant-Governor, and yet
during all the time he sat in the Executive a majority in the
Assembly supported the Government.
Having served twelve years in the House of Assembly, and
eight years in the Legislative Council, during six years of which
latter period he was also a member of the Executive, an oppor-
tunity came when he might fairly claim to reap the fruit of his
twenty years labour in the service of his country. As a lawyer
of first eminence his right and claim to succeed to the vacant
Mastership of the Rolls could not be gainsaid. Accordingly
when ofiFered, he accepted the position, and thus closed his some-
what stormy political career. However fiercely he may have
been condemned and denounced by his enemies and opponents
for the independent course he pursued in political affairs, no
stain rested on his name in connection with any public matter.
He was strong in his convictions, and courageous in action,
and left behind him a record to which his descendants may look
with just pride.
Before tutning to his judicial career it will be interesting
to refer to some episodes in his life which occurred while he was
in the Legislature. During his visits to England his prominence
enabled him to meet many distinguished persons, with some
of whom he formed strong and lasting friendships. Among
others were Lord Brougham, Lord John Russell, Lord Nugent,
Daniel O'Connell, Sir L. Bulwer Lytton, Mr. Labouchere, and
Dr. Lushington. In England he also formed the acquaintance
of the celebrated American statesman Daniel Webster. He
also enjoyed the friendship of three other well known Americans,
76 ^ NOVA SCOTIA HISTORICAIv SOCIETY.
Judge Story, Chancellor Kent and Edward Everett. His cor-
respondence with all these eminent men is the best proof of the
high estimation in which they held him.
It was on the occasion of his visit in 1839 and 1840 that he
was with Daniel Webster the guest of the Lord Mayor of Ivon-
don at dinner at the Mansion House. Howe, in the Nova Sco-
tian to which allusion has been made before, publishes a full
account of this function with Stewart's speech, accompanied by
some very humorous comments.
"On the right of the Lord Mayor sat the Honorable Daniel
Webster a member of the Senate of the United States, and on
the left of his Lordship sat Alexander Stewart, Esq., a mem-
ber of the House of Legislature of Nova Scotia. The Lord Mayor
said in proposing the health of the Hon. Alexander Stewart,
that he had great pleasure in introducing to his guests another
gentleman who had visited their shores for the purpose of making
himself acquainted with the customs, manners, and improve-
ments in this great country. Mr. Stewart was a member of the
Legislative Assembly of Nova Scotia — a colony in whose welfare
England felt no small degree of interest. He had met with a
warm reception and he (the Lord Mayor) should feel great pleas-
ure in introducing his distinguished guest to whatever was worthy
of observation within his jurisdiction."
Then Mr. Howe makes this generous comment: "We come
now to the worthy delegate's speech, and here we must give the
'devil his due,' and acknowledge that it reads quite as well in
print as any of the others. Stewart though not as great an orator
as Daniel Webster is not a bad speaker, and from what he saw,
and heard after dinner at home we should incline to the belief
that Sandy did the Province no discredit so far as fluency went,
and rather favourably impressed the citizens as to the general
character of Blue nose oratory — we give the speech in full.
Mr. Stewart said: "In rising as I do with extreme pleasure
at the call of your Lordship, I cannot help giving expression
LIFE OF HONORABLE ALEXANDER STEWART. :^> '77
to the sentiments which fill my mind drawn forth as they are by
a remark from your Lordship. Yes, my Lord, I fully feel with
my friend Mr. Webster that the American settlers as well as the
tranSrAtlantic Colonists are not foreigners, but we own your
fathers for our fathers, your blood running in our veins, and
your principles emulating our examples, your success gladdening
our hearts, your failures calling forth our sorrow (Cheers). I felt
with throbbing emotion as the gentleman was singing "Hearts
of oak are our ships," that when the wooden walls of your Navy
shall again be manned for the preservation of peace, and your
army again organized to the same end, your fellow subjects on
the other side of the water will be found to possess hearts, and
hands to assist you in your gallant enterprise (Applause). My
Lord, you have alluded to the fact that we are a country with-
out debt or taxes. We have to thank you for that. In common
with all our other privileges it is your ships which protect our
trade, it is your soldiers that defend our shores. To you we
are indebted for innumerable benefits. While we feel ourselves
to be a link in the great chain, you it is who with a command-
ing power connect the past with the present, and the future. I
felt the full force of this today, when I witnessed for the first
time the old Saxon custom and as the grace cup pressed my lips
and as I received it from the fair lady who sits beside me I thought
of the words of the poet,
"If there were but a kiss left in the cup
"I cared not for the wine" (Cheers).
Before I sit down I beg leave to follow out the wishes of my
friend Mr. Webster, and take up the sentiment which he so pro-
perly waived on the present occasion; and give "Prosperity
to the City of London, and the trade thereof," nor need I ask
the present company to drink it with enthusiastic feeUngs."
Howe remarks on this, "But the concluding crowning pas-
sage— the barefaced attempt to steal a kiss from the Lady Mayor-
ess out of the grace cup was indeed the ' coo ' (coup) de grace —
78 NOVA SCOTIA HISTORICAL SOCIETY.
In that, at all events he indicates the gallantry of the Blue noses,
and must have made even the Lord Mayor look blue.' '
His views on Confederation of the Provinces may here be
noticed. He was an avowed opponent of Union. So long ago
as the 22nd March, 1839, in the Legislative Council when the
question was first mooted in consequence of Lord Durham's
report, he made a strong speech against the movement. When
the agitation was revived in 1864, led by Sir Charles Tupper, he
expressed himself in the strongest terms against its accomplish-
ment. To his mind Nova Scotia was happy, prosperous, and
contented under the aegis of the British Crown and he thought
any connection with the Canadas would be injurious to our in-
terests. The Union was not brought about in his lifetime. It
must be conceded that in this opinion he was mistaken. He was
then an old man long retired from public Ufe, and from the forces
which were affecting the political status of the country. It is
therefore not much to be wondered at that he regarded with
suspicion and dread any movement which would so revolutionize
our Provincial institutions.
In a letter written about the period negotiations were in
progress for union he says," We are Uving at an important epoch
in North American history and the Convention now sitting at
Quebec have vast issues before them. You will probably live
to see the consequence of the Union of these Colonies if it occur.
I predict that children yet unborn will rue the day if it does.
Desperate but fruitless and vain will be the struggles of these
maritime colonies to break the chains which will thereby bind
them to their gigantic neighbour Canada, 'Like the starUng
their way will be I can't get out'. A Commercial Union some-
thing akin to the zolverein is all that is required, for our best union
will for long be the union which now exists between us and our
glorious fatherland. However, with the future of this world
I have little to do."
Again in a letter a little more than a month before his death
on Nov. 8th, 1864, he writes, "We are at the beginning of an era
LIFE OF HONORABLE ALEXANDER STEWART. 79
of taxation which ere long will astonish the statesmen as they call
themselves who are throwing Nova Scotia happy, prospering
and contented as she now is into the great big swamp of Canada.
But it is not this which appals me, it is the cutting the tow
rope which binds us to old England. He must be a poor states-
man who cannot see that this must be the almost immediate
result of the setting us up a nation. Archibald says in his speech
at Montreal that it was natural; that Great Britain should ex-
pect that so soon as we are able to do so we should take measures
to defend ourselves, and so we should. But he also transmuted
this act into independence as a necessary consequence. No
recognized authority in England ever said that she had a desire
that we should set up as a nation, and it will be news to me when
she assents to the new nation having the entire control of every-
thing therein. It is in my poor opinion of the last degree impu-
dent in the convention not making the plan and its details public.
It argues forgone chicanery.
"These men
" Dressed in a little brief authority
"Cut such fantastic tricks
"Before high heaven as makes the Angels weep."
My great objection to the whole plan is its prematurity.
What trash is one foot on the Atlantic and the other on the
Pacific. How many ironclads and how many battalions could
our new nation contribute to the protection of our fisheries or
of our harbour. Truly Canada seemeth to be most generous*
She will give us back so much per head of our revenue, and to
think of taking such a step without a general election is un-
alloyed despotism. Mais n'importe. I shall, I hope, be in the
"mools" long before this statesmanlike measure is perpetrated.
I hope for I should wish to die as I have lived a unit, though a
humble one, of that great nation the beat of whose morning drum
travels with the sun until he reappears next day in the eastern
horizon.
80 NOVA SCOTIA HISTORICAL SOCIETY.
He was much in advance of his time on some subjects such
as legal refonn, education, and religious equality. He declared
in one of his speeches in the House of Assembly that imprison-
ment for debt should be abolished as barbarous. He constantly
denounced the granting of any preference, or privileges to one
religious body over others, and some of his ablest speeches were
made on measures for the improvement of education in the
Province. He gloried in our British connection, and strove with
all his might to make the bond stronger. This sentiment became
more fixed through his repugnance to American institutions.
The announcement of Stewart's appointment as Master of
the Rolls was received with unqualified satisfaction by his num-
erous friends, and by those who appreciated his sterhng abilities,
and legal standing. All that his enemies could say was uttered
in the prevailing hostile tone which they had used against him
for years. The best that Howe, in a paragraph in the Nova
Scotian referring to the appointment, could say, was "The Lib-
erals have notihng to do with the existing perplexities and arrange-
ments except to laugh at them. Had the coalition continued
to this hour Johnston or Stewart would have been Master of the
Rolls". One thing of especial significance may be noticed that
notwithstanding all the vile abuse and calumny that had been
for years heaped upon him not one word was uttered against his
fitness for the position, or his integrity as a man. He was in Eng-
land in 1846 when his appointment was gazetted, and shortly
after his return in June he visited his old constituency in Cum-
berland where he received from the Bar, and the leading residents
of the County, an address of hearty congratulation on his accession
to the Bench.
He no doubt set great value on this address from his old con-
stituents, as it was found carefully preserved among his papers,
and for that reason, and also to give a place in this record to the
name of some of his old friends in the county it is here transcribed
in full:
LIFE OP HONORABLE ALEXANDER STEWART. 81
"To the Honorable Alexander Stewart, recently member
of the House of Assembly for this County, and member of the
Executive and legislative Councils.
"We, the High Sheriff, Custos Rotulorum, Members of the
Provincial Legislature, Magistrates and Members of the Bar of
Cumberland, avail ourselves of your present visit to this County
whose interests you have so long, so faithfully, and so ably advoc-
ated, to tender our sincere, and respectful congratulations upon
Her Majesty's selection of you to fill the High Office of Master of
the Rolls of the Court of Chancery, and Judge of the Court of Vice
Admiralty in the Province. By undeviating loyalty, and the
conscientious and efficient vindication of the right and liberties
of the people you. Sir, have well entitled yourself to these dis-
tinguished marks of the favor of the Crown, and we view this
gracious act of the Queen as a proof that an individual who acting
under the influence of these qualities, resolutely preforms his duty
as you have done, may attain the highest offices in the bestowal of
Her Sovereign, while he assures for himself the reward and esteem
of his fellow subjects.
This Province will hereafter be deprived of your servces as a
member of the government, and of the Legislature, but it will be
more than compensated by the learning and ability by which you
will be enabled in a higher station to be serviceable to your native
County. Wishing yourself and Mrs. Stewart all happiness, we
have the honor to be, etc, with great respect."
This address is signed by Joshua Chandler, High Sheriff, D.
MacFarlane, Custos of the County, R. McG. Dickey, M. P. P.,
Stephen Fulton, M. P. P., M. Gordon, J. P., John Hood, J. P.,
Amos Black, J. P., John Morley, J. P., D. Teed, J. P., Elisha B.
Cutten, J. P., J. W. Delaney, J. P., W. W. Bent, J. P., W. Henry
Buterfield, J. P., Isaac BUss, J. P., Gilbert Purdy, Register of
Deeds, James MacNab, J. P., Jacob G. Purdy, J. P., Ashar Black,
J. P., John Morse, J. P., Nath. Angus, J. P., Josh. Oxley, J. P.,
Findlay Weatherbe, J. P., and a large number of others too
numerous to mention.
6
82 NOVA SCOTIA HISTORICAL SOCIETY.
JUDICIAL CAREER.
The office of the Master of the Rolls became vacant by the
death of the Honorable S. G. W. Archibald in 1846. There were
several eminent members of the Bar well qualified and anxious
for the vacant judgeship, and among others the Honorable James
W. Johnston, who was at that time head of the Government.
However strong were his claims the circumstances in which he
was then placed as the leading member of the administration
compelled him to waive them. Stewart was also a member of
the Executive Council but Johnstone from what motive it is
needless now to enquire did not favor his appointment. His long
services to the country and his high standing as a lawyer were
however well understood and appreciated by the Imperial Govern-
ment, by whom such appointments were at that time conferred.
Lord Falkland, in a letter addressed to him April 28th. 1845,
offering a silk gown has placed on record his opinion of him as a
lawyer and statesman. He says: "I have as you are aware re-
ceived through Lord Stanley Her Majesty's permission to pro-
mote to the rank of Queen's Counsel such gentlemen of the Bar
of Nova Scotia as I may deem entitled to the honor. Your high
standing as a lawyer and the eminent services you have rendered
to the Government in the Executive as well as in the Legislative
Council not only makes it impossible for me to overlook your
claims to professional advancement on an occasion like the pre-
sent but cause the duty of offering the distinction to your accep-
tance to be as gratifying to myself personally as it is imperative.
Should you feel disposed to avail yourself of the offer I now make
your name will appear at the head of the list of Queens Counsel
for the Province.
I am, dear Sir,
Yours very faithfully,
FALKLAND. "
Lord Falkland was Lieutenant Governor, and on his recom-
mendation Stewart was elevated to the position of Master of the
Rolls. As gathered from his letters, he had formed a very high
LIPS OP HONORABLE ALEXANDER STEWART. 83
estimate of Stewart's abilities, and despite the jealousy, if not
the opposition, of some of his colleagues in the Council the Home
Government sent a mandamus to the Lieutenant Governor for
his appointment. On the 20th May, 1846, his Commission as
Master of the Rolls was issued, and he was sworn into office on
the 2nd day of June, 1846.
The Court of Chancery at that period was not regarded
with much favor in the Province generally. The great expense
and the tedious delays attendant on its proceedings as then con-
ducted were a constant source of complaint, and had brought
the Court into disrepute. The illness of Mr. Archibald for some
time prior to his death and consequent hampering of the business
had increased the unpopularity of the Court. This was not all.
The procedure itself was antiquated, following as it did the old
forms of the English and Irish Courts of Chancery, which involved
heavy costs utterly disproportionate to the matters involved,
and unadapted to the conditions of the Province. These com-
plaints had reached the Legislature, and in the preceding twenty
five years attempts had been made to deal with, and rectify these
abuses, but only with partial success.
Stewart, who had been one of the foremost Champions of
legal reform, was familiar with the evils in Chancery procedure.
Within a very short time after his appointment he set to work
to remedy these defects so far as it was within the power of the
Judge to do so. Under an Act of the Legislature passed some
12 or 14 years before the Master of the Rolls was empowered to
make new rules, and regulations to simplify the proceedings, and
lessen the cost. Hitherto very httle had come of this Act. Neith-
er Mr. Fairbanks, nor Mr. Archibald had, so far as can be gathered
from the Chancery Records, taken the matter in hand. Stewart
who was a younger man, and in the full strength of his intel-
lectual powers, tackled the subject. He drew up, and pub-
lished a new set of rules sweeping aside so far as possible the old
forms, introducing simpler ones, and reducing the expenses.
He did not stop after promulgating his first remedial measures,
84 NOVA SCOTIA HISTORICAL SOCIETY,
but as will be found on consulting the Chancery Books continued
to lop ofiF the old and useless forms and orders, as from time to
time they come under his notice. He was following up this
reformation until the time of the abolition of the Court in 1855.
It is a striking tribute to his ability, and foresight that many
of the changes introduced by him are to be found in the Judica-
ture Act, and Orders of the present day.
The success which attended his efforts in reforming the ma-
chinery of the Court of Chancery quickly appeared in the im-
proved despatch of business. The energy and capacity of the
Judge put an end to the delays, and abuses which had character-
ised Chancery litigation in the past, but with the heavy fees
and costs he was unable to deal satisfactorily because these were
fixed by laws which he had no power to alter.
The proof of the correctness of the above statements is to be
found in the records of the Court of Chancery still preserved,
but more especially in the Provincial archives, and the Journals
of the House of Assembly. When the agitation for the aboli-
tion of the Court was started, and measures were taken for that
purpose by the appointment of a Commission to report on the
whole subject, Stewart was naturally called upon to defend the
existence of the Court. In an able letter after exhaustingly
dealing with the matter, he challenged those who were attacking
the Court of Chancery to advance any proof of their statements,
and points to the unanswerable fact that not one cause ripe for
hearing remained undisposed of. Two of the most learned, and
impartial Commissioners, the then Chief Justice Sir Brenton
Halliburton and Mr. Justice Bliss, completely upheld the position
he took in their valuable report.
As reference will be made to the period of the abolition of
the Court later on, it is more convenient to trace just now his
judicial career. Stewart was more fortunate than his three
predecessors in having some of his decisions reported, but it is
much to be regretted they are few in number. There was no
reporter in those days, and it was not until near the end of his
LIFE OF HONORABLE ALEXANDER STEWART. 8?>
career on the bench that the late Mr. Justice James began to
edit decisions of the Supreme Court in which he included one or
two of the Master of the Rolls. While to some extent these enable
an opinion to be formed of his judicial career, and knowledge,
their scope is of too Umited character to give a full view of his
capacity and mastery of equitable jurisprudence. In nothing
was he more conspicuous than his love, and grasp of principles — ■
the great foundation principles of Equity, as well as of the Com-
mon Law. Case law had no charms for him. Always of course
3delding to the authority of decided cases, yet it was no slavish
following of what had been said before. His disposition was to
go to the root of things, and in his efforts to probe to the bottom
he left no stone unturned. If he was satisfied that the practice,
or precedent in the EngUsh Court were not applicable or ob-
jectionable to the conditions prevailing in the Province he did
not hesitate^to disregard them, and gave his reasons for doing so.
As already stated the illustrations of his decisions which have
come down to us are very few indeed, and we are largely depen-
dent on the reputation he acquired while on the Bench. In the
celebrated case of Uniacke vs. Dickson, James Rep. 287, decided
after he became Master of the Rolls, he could take no part as
Judge, having been counsel for the complainant while at the Bar.
The decision, however, was in favor of his client Mr. Uniacke,
and according to the opinion he had given. Collins vs. Story,
James Rep. 141, in which he decided that a widow was entitled
to dower in her husband's equity of redemption where she had
executed a mortgage made by him merely for the purpose of
security, is a good specimen of his industry and research, as
well as his independence of judgment. He says, "A married
woman's rights, and interests are under the special protection
of the court. Dower is said to be favored even at law, but surely
then to deal with a mortgage such as I have suggested would
not be to protect, but to defraud a woman. There may be some
show of reason in this court not relieving a widow when the hus-
band was never seized of an estate at all during the coverture
as was the case in Dixon vs. Laville. There was nothing on
which the Court could fasten to exercise its pecuUar jurisdiction.
86 NOVA SCOTIA HISTORICAI, SOCIETY.
She never was entitled at law to dower. Equitas sequiiur jus.
She had executed no conveyance, consequently there was none
for the Court to examine, and the long established rule of the
Court was that a woman could not be endowed of trust estates
or of an equity of redemption, which was held to be analagous
to a trust estate. In the case I have suggested, there is no rule
of equity by which the Court is restrained from enquiring into
the interests of the parties to the mortgage. At law indeed the
husband had conveyed in fee simple to the Mortgagee $10,000
worth of real estate for the consideration of ;£100. At law upon
the non-payment of this sum agreeably to the condition in the
mortgage, the mortgagee became absolute owner in fee, but heree
he is held to the real transaction, compelled to accept repay-
ment of his loan, and reconvey the title to the mortgagor, then
wherefore not extend similar justice to his wife, who also only
understood herself to be pledging her right of dower to secure
such repayments. Our Provincial law says, "when a sale shall
be made of lands and tenements by husband, and wife, &c." —
A sale was not contemplated if one merely refers to the words
of the law in the case I am putting, and it would be unjust to
extend it beyond in the intention of the parties."
Caldwell vs. Kinsman — ^James Reports 398, is another decision
not in itself of much interest, but in which he again shows the
soundness of his learning, and his independent character in dealing
with matters coming before him. "I refuse then," he says,
"to adopt this English rule because it is inconsistent with the
"peculiar mode of taking testimony on the broad principle that
"rules of evidence and practice must vary with the varying
"exigencies of the subject to which they are to be appUed and
"cessante ratione, cessat lex." The whole judgment in this case
is an able discussion of the evidence before him, and the law on
the subject, and is perhaps one of the best specimens which re-
mains of his judicial utterances.
Wooden vs. Bushen, James Reports, 429, the only other re-
ported decision in the Court of Chancery simply deals with a
point of practice.
I^IPE OP HONORABLE ALEXANDER STEWART. 87
Tobin vs. Tobin was another cause of considerable importance
of which a printed report remains, and which in vigorous language
decides a difficult question of procedure. In nearly all of these
cases such eminent lawyers as James W. Johnston, Wm. Young,
John W. Ritchie, Jas. R. Smith and James Stewart represented
the litigants.
In the Tobin case is a passage which illustrates the fund of
humour so characteristic of the man. "The defendant," he says,
"then came armed, and prepared with their objections, and the
complainants were laid by the heels by it. Surprises of this
kind always belonged more to common law than to equity. The
Court of Chancery has ever discouraged the gladiatorial feeling
which was once the pride of Nisi Prius. But things have changed
in all Courts. John Doe, and Richard Roe are irreverently re-
garded as Myths. In fictione juris consistat equitas is itself a
fiction. Figures of speech are now met with figures of arithmetic,
and tropes, and metaphors with the latest statistics. Those of
our Bar whom Her Majesty delighteth to honor have set Lord
Coke's authority at naught. They have not trodden in the foot-
steps of their predecessors. Coke doth plainly show tempere
j'acobi primi that it doth much import the Eling's sovereignty,
and the common weal, that his Counsel learned in the law dance
once in every year, whereupon at Whitsuntide they did dance
solemnly, and lovingly together before the bench, the King's
Attorney first stepping forth to the great contentment, and ad-
miration of the outer bar and other of the King's lieges.
Fuimus Troas - - - -
Ilium fuit - - -
Danai dominantur urbe."
It is much to be regretted that there are no other of his Chan-
cery decisions extant, for it is well known that all he did, was
done well and no doubt in the large number of questions which
arose in cases before him many important principles were deter-
mined. Those to which reference has above been made however
88 NOVA SCOTIA HISTORICAL SOCIETY.
help us to form some notion, although an inadequate one of the
extent of his learning, and his capacity as an Equity Judge.
Further evidence of his ability, and industry is to be found
in a number of his reported decisions as Judge of the Court of
Vice Admiralty. He was appointed Judge of this Court by the
Imperial Government at the same time he became Master of the
Rolls, and filled that office with great credit and distinction
until his death. The business of the Court of Vice Admiralty
during his occupancy of the office appears to have been large.
Considerable correspondence took place between himself and
the Home authorities on the subject of salary. Stewart com-
plained, and it seems with justice, that the then mode of remuner-
ation by fees was inadequate and unsatisfactory, and demanded
a fixed salary. After the question was investigated, Mr. Glad-
stone, then Colonial Secretary, replied that it could not be done
in view of the many other Courts of Vice Admiralty in different
parts of the Empire who would be entitled to the same.
It is not proposed to refer with particularity to any of the
cases in Admiralty which he adjudicated, except to one which
was an international question, and involved serious issues be-
tween England, and the United States. I refer to the "Chesa-
peake' ' case now almost forgotten, but at the time of very great
importance. During the civil war a party of men claiming to
have a Commission under the Confederate Government took
passage on the Steamer Chesapeake, an American vessel then
on a voyage from New York to Portland. At night when at
sea they took possession of the ship shooting down the Captain
and putting the crew in irons. The steamer was brought first
to Shelbume, Nova Scotia, and was subsequently captured
outside Halifax Harbour, but within British waters by an Amer-
icam vessel of war. She was then brought into Halifax and hand-
ed over to the British authorities here. The captain had pre-
viously escaped, had been arrested at the instance of the United
States Consul at St. John, N. B., and under a writ of Habeas
Corpus discharged from "^custody. The steamer was libelled
LIFU OF HONORABIvE ALEXANDER STEWART. 89
in the Vice Admiralty Court at Halifax, and the matter came up
before Stewart as Judge. The excitement prevailing over the
whole affair both in the United States, Canada and England
was very great. The questions involved were new, and great
difiference of opinion existed among Members of the Bar as well
as the Executive as to the proper disposition to be made of her.
Southern sympathy ran high in Halifax, so much so that a num-
ber of influential persons actually interfered with the officers
of justice to enable some of the parties connected with the Captain
to escape arrest. Indeed, one gentleman of high position deli-
berately insulted Stewart in the Hahfax Club for the decision he
gave. The whole question was argued before him on several
occasions. Such able lawyers as Mr. Johnston, Judge Advocate
General for the Crown, John W. Ritchie in the interest of the
Confederate States, and Mr. Shannon with Mr. Morse his partner
for the vessel, and cargo owners. The decision, or rather series
of decisions are reported in I Oldright, 797. Some idea may be
gathered of the intense feeling aroused and difficulties surround-
ing the Judge in this important case from his remarks in granting
writs of restitution on Feby 10th, 1864. He says, "What I have
said, and done in this cause has been greatly misunderstood, and
misrepresented, and it is of much importance that this should
as far as possible be prevented from again occurring. I have
therefore thought it well to reduce to writing what I have to say
in decreeing these writs as prayed." Then after some further
remarks he proceeds to say, "This Court (though it administers
its functions in Halifax) is an Imperial tribunal acting by au-
thority of the Acts of the Imperial Parliament, and guided by
international and maritime as well as municipal law, and from
its decrees an appeal lies to the highest appellate tribunal but one
in the Empire. If therefore these captors have the rights which
it has been suggested at the bar belong to them, the Confederate
Government, and its agents can have no difficulty in effectively
vindicating them. The announcement of these views was re-
ceived with but scant deference. They, especially the intimation
that the Chesapeake with her cargo should be forthwith restored
to their owners, were promptly denounced as inconsistent with
90 NOVA SCOTIA HISTORICAIv SOCIETY.
that common sense, the application of which it was said, to legal
problems, was all that was required for their solution. This
reception of them troubled me but little, as 1 felt that no per-
sonal disrespect could be intended, but the conduct of a portion
of the press in these Colonies has given me great concern. Free,
and fearless criticism of the proceedings of Courts of Justice
such, and such only as one sees in the great leading organs of
pubUc opinion in England, is an essential corrective to their pro-
ceedings. But the circumstances of this case, it is well known
have excited the most angry feelings throughout the United
States, and the epithets and strictures, and the unworthy mo-
tives and conduct imputed to this Court, and to myself as Judge
of it are as unpatriotic as they are un-English for they have no
other tendency than to exasperate these feeUngs and justify alike
the Confederates and the Federals in treating with contempt
any decree which it may pronounce.' '
The truth and justice of these remarks will be apparent to
any one taking the trouble to consult the newspaper press of the
day, both in Canada and the United States, but Judge Stewart
was not of a temperament to allow himself to be attacked without
hitting back. As one instance of the undeserved slanders which
found vent in the press I give the following extract from the
Weekly Telegraph published at St. John, N. B., Feby. 18th, 1864.
NO "PLEASING EVERYBODY. "—Judge Stewart of the
"Admiralty Court at Halifax has been subjected to some strict-
"ures from the Provincial Press for the course he has pursued
"in the Chesapeake case. Some have been disposed to charge
"him with deferring too much to Federal opinion. If the Judge
"has really endeavoured to keep the peace with our neighbors
"by attempting to conciliate them he has evidently failed; for
"the Hartford Post, the Administration organ in Connecticut,
"comments upon his decision in this wise: The Judge of the Ad-
"miralty Court has decided to restore the vessel and cargo to
"her owners, subject to such conditions respecting the payment
"of the expenses as the attorney general may exact. The latter
LIFE OF HONORABLE ALEXANDER STEWART. 91
/demands surety against latent claims. This is a very good
"thing in the way of justice. A man comes up to you on the
street, knocks you down, carries ofif your wallet and is arrested
and taken to court. It would naturally be supposed that when
the case came into court, the thief would be tried for the robbery;
" but the neutral Bulls have other views. They try the case to see
"whether the money which the thief has stolen from you, shall be
"returned to the thief or restored to the owner, with the hope
"and expectations of finding some excuse for giving it to the
"thief. Such is justice with the neutral Bullies."
The insinuation in the St. John paper that he was trying to
please everybody, and the charge in the American paper that
his decision was an outrage are best answered by the terms of
his judgment. He says," I have been much embarrassed in
dealing with this case. To grant this application (the resti-
tution of the vessel and cargo to the owners) will be entirely
within the rules applicable to it, for on the facts sworn to, the
taking was undoubtedly a piratical taking. But in its origin,
in its position before the Court, in the mode of the reception in
short in all the concomitant circumstances the case is very pecu-
liar. I was therefore in the absence of decided cases, obliged
to recur to, and rely on for my guidance those principles which
lie on the basis of all law and I do not think I shall be acting un-
becomingly in referring for a few moments to those principles. ' '
Then after luminously discussing the rights of independent
States he proceeds. "Then if one of the Queen's subjects had
violated the municipal law as flagrantly as the captors of the
Chesapeake have outraged the international law, and such vio-
lation would have (as it unquestionably would) subject the
offending vessel to forfeiture, shall those who have violated
the higher law be subjected to a less penalty. Assuredly not.
Then as to the disposal of the forfeited vessel. It were deroga-
tory to the Royal dignity to add the proceeds of property which
had belonged to the citizens of a friendly nation to the privy
purse of the Queen, and it would as little become the honor of the
British nation to make profit out of their misfortunes. What
92 NOVA SCOTIA HISTORICAI^ SOCIETY.
more appropriate mode of dealing with this vessel, and cargo
than to retsore them to their original owners, not as a favor to
them, but as an act of justice to the offended dignity of the
Crown, not as recognizing any right of the Government of the
United States to require such restoration, but as a fit punish-
ment of the offenders, and a warning to others? The law which
the Queen, and the Parliament have prescribed to enforce the
obersvance of her neutrality is to be found in Her Majesty's
proclamation, and in the Statutes under the authority of which
it was issued. Is the offence which I have suggested against the
municipal law, or can any offence be more serious than that by
which the British nation might be drawn into the sad contest
which has desolated, and is still desolating one of the fairest
portions of the earth,"
This decision, parts only of which have been extracted, in
itself is sufficient to place the name of Alexander Stewart among
the most eminent Judges who have filled that high office in Vice
Admiralty Courts. It was regarded both in England and the
United States as an able, and correct exposition of the Inter-
national law on the subject. Numerous complimentary, and
appreciative letters were received by him from both countries,
some of which being official are to be found in the Public Rec-
ords of the Province. Among others one from W. H. Seward, Sec
retary of State of the United States, and which was laid on the
table of the House of Assembly at the time.
CHESAPEAKE.
"Hon. Receiver General, by command of His Excellency
the "Administrator of the Government, laid on the table copy
"of the following despatch from Lord Lyons, Her Majesty's Am-
bassador "to the United States, to the Administrator of the Gov-
ernment "enclosing copy of the annexed letter from the United
"States Secretary of State to the American Consul at Halifax: —
life of honorable alexander stewart. 93
Washington, Feb. 29, 1864.
"Sir, — ^I had on the 22nd instant the honor to receive your
"Excellency's despatches of the 16th and 18th inst., relative
"to the case of the "Chesapeake".
I have the honor to transmit to your Excellency herewith
"a copy of a despatch which has been addressed by the Secre-
"tary of State of the United States, to the United States Con-
"sul at Halifax, and which will make your Excellency acquainted
"with the view taken by this Government of the case as it now
"stands.
"A copy of this despatch was given to me by Mr. Seward the
"day before yesterday. With his permission I send copies to
"your Excellency and to Earl Russell to-day.
(Signed.) LYONS.
His Excellency Major Gen. Doyle.
Washington, February 24th, 1864.
"Sir, — ^Your despatch of February 17th, No. 28, has been
"received. I learn from it that the Court of Vice Admiralty
"has decreed that the "Chesapeake" and her cargo shall be
"delivered to her owners on the condition of the payment of
"costs.
"Under the President's direction, I shall make this pro-
"ceeding the subject of a communication to H. M. Govera-
"ment. In the meantime, I think it not improper to inform
"you that this Government, while it adheres to the opinion
"that the delivery of the "Chesapeake" ought to have been
"made promptly and unconditionally by Executive authority,
"is, nevertheless, gratified with the just and friendly proceed-
"ings H. E. the Governor of Nova Scotia in the premises, and
"appreciates the enlightened and impartial spirit by which the
"Vice Admiralty Court has been guided in a case attended with
"some embarrassment and much local excitement.
94 NOVA SCOTIA HISTORICAL SOCIETY.
"The Secretary of the Navy will be informed of your views
"in regard to the necessity for a convey of the "Chesapeake."
I am, &c.,
(Signed), W. H. SEWARD.
Lord John Russell on behalf of the British Government
expressed himself in equally flattering terms on the merits of the
decision. But as already indicated it subjected him to much
unfair criticism. The truth was that amid the excitement
and passions aroused by this unfortunate incident Stewart alone
kept his head. Lawyers as well as laymen found themselves
in this sudden and unexpected juncture utterly unprepared, and
not until Stewart pointed out the way was it understood what
should be done.
His posthumous reputation might easily rest on the Chesa-
peake case alone. In it are displayed that sound knowledge of
principles that firm grasp of facts, and that ripe, and independ-
ent judgment which were alwa^'^s characteristic of the man, but
never more so than in dealing with this case of international
importance, presenting novel and difficult questions in the fact
of a hostile community. He died in the following January, so
that the case practically closed his judicial career.
Those of his Chancery decisions which have come down to
us have already been referred to.
On the outbreak of the Russian War in 1854, he was, on the
recommendation of the Right Hon. Dr. Lushington, Judge of the
High Court of Vice Admiralty in England appointed the only
Prize Court Judge in British North America, an office which
he filled until the end of the war. While no prizes came before
him for adjudication under this Commission, it is worthy of
mention that a large number of cases were tried before him in
the Vice Admiralty Court, seizures of American vessels for viola-
tion of the treaty. Although a number of these were taken
before the Authorities in England, in no instance were his deci-
LIFE OF HONORABLE ALEXANDER STEWART. 95
sions set aside or modified. Both the appointment, and the
correctness of his decisions bear strong testimony to the re-
putation he enjoyed of being properly versed in international
law and practice.
It is now necessary to relate the history of the aboHtion of
the Court of Chancery and his action on a public matter so ser-
iously affecting his position.
The Statute which brought about the extinction of the Court
was passed in the Session of 1855, but did not come into opera-
tion until 1st August, 1856, when the Court of Chancery in this
Province finally ceased to exist.
As was natural, even incumbent on him, Stewart defended
the character of the Court with his usual vigour and ability.
Now after the lapse of half a century when the actors have passed
away, and the arguments pro and con can be considered dispas-
sionately it must be conceded that he had the best of the con-
troversy. It is a matter of history that for years before constant
and growing complaints had been made in the Legislature and
outside against the Court of Chancery, against its delays, its
antiquated procedure, and the heavy expense of the litigation
carried on. These complaints, however, had been directed
against the Court in the time of his predecessors. As already
mentioned among his first acts after his appointment were the
publication of a series of new rules, and orders lopping off most
of the objectionable features in the practice, and reforming the
procedure. But the stigma remained, and it was a popular
subject of attack. Stewart himself was not a favourite with the
prominent lawyers on either side of the House. With some of
his assailants the old time enmity still remained, and he enjoyed
the doubtful friendship of his quondam friends. His temper,
and independence of character were not of a kind to win support,
and he was not the man to stoop to any methods for enlisting it.
The abolition of the Court was of course a serious blow to him
financially, and the Legislature at first, certainly the House of
Assembly, were disposed to depose him without even allowing a
96 NOVA SCOTIA HISTORICAL, SOCIETY.
retiring pension. But in those days the Imperial Government
was a factor which the Legislature had to take into account, and
ho act perpetrating such an injustice would have been allowed.
The first attack was made in the session of 1849 when under
a resolution of the House of Assembly a Commission was ap-
pointed to inquire into the general jurisprudence of the Province.
On this Commission Messrs. Howe, Johnston, Young, Harrington,
Kenny, Marshall and Creelman were named, but nothing appears
to have come of this Committee. Matters appear to have rested
for two years, when in 1851 a resolution passed to appoint a select
committee to take into consideration the propriety of abolish-
ing the Court of Chancery. On this Committee were appointed
Johnston, Marshall, Harrington, Young, Henry, Killam and Ful-
ton, and on the 28th March, 1851, Mr.Henry reported, or brought
in a bill to aboHsh the Court of Chancery and to transfer Equity
jurisdiction to the Supreme Court. This bill actually passed
the Lower House, but was rejected by the Legislative Council
As a result of this Mr. Johnston brought in a resolution to appoint
a Commission to enquire into the practice, and proceedings of the
Courts of law and equity, with a view of the transfer of equity
to the common law jurisdiction, if it be practicable, and to pre-
pare a bill. The members of the Commission were the Chief
Justice HalHburton, Mr. Justice Bliss, J. B. Uniacke, and W. A.
Henry. Their report is to be found in the Journals of the House
of Assembly of 1852, Appendix No. 73. In this report they made
no recommendation, but in the session of 1853 their final report
was made which will be found in the Journals of the House of
Assembly of that year, Appendix No. 16. The Commissioners
were unable to agree on any report, but submitted their indivi-
dual views. Mr. Young, afterwards Chief Justice, submitted his
own in favor of the abolition of the Court, which certainly do not
display any very profound knowledge of the subject. On the
other hand the Chief Justice and Mr. Justice Bliss in able papers
discuss the important question in the light of the great exper-
ience as Judges, and keen appreciation of the difficulties involved,
and point out the inexpediency of such a radical change.
LIFE OF HONORABLE ALEXANDER STEWART. 97
The most complete and able defence, however, was made by
Stewart himself in which he met the charges of those urging the
abolition of the Court with an array of facts and arguments
to which no answer was then or afterwards attempted to be given.
Strange to say that Stewart's paper although addressed to the
Commissioners, and written at their request, was not published in
the Journals of the House, although he asked that it should be
there side by side with the report of the Commission. He took
good care however that it should be preserved by having it record-
in the Record Books of the Court of Chancery.
The fate of the Chancery Court was sealed irrespective of
reports. Th« Act already referred to was brought in, and passed
by both Houses, but the Governor reserved his assent until the
Home Government was first consulted. Stewart, however, once
he saw the abolition was determined upon by the Legislature
made no further opposition — in truth forseeing that the measure
would pass in any event he threw no further obstacles in the way.
Considerable difficulty arose between himself and the Govern-
ment in regard to his pension. It had by this time been dis-
covered that the Home authorities would not allow the Act unless
provision was made for the Judge. An offer was made to Stewart
of a seat on the Supreme Court Bench, but as precedence according
to the date of his Commission was refused, with that proud spirit
he ever showed when his rights were involved he declined it,
although his pension was less than the salary of a Supreme Court
Judge.
The honourable course pursued by Stewart in connection
with the abolition of the Court of Chancery and the high esti-
mation in which he was held is best exemplified in a despatch
from the Lieut-Governor, Sir Gaspard Le Marchant, to Lord John
Russell, dated May 2nd, 1855, some extracts from which are now
given.
"Having had occasion in my despatch No. 48, dated May
1st, 1855, to mention the creditable conduct of the Master of the
7
98 NOVA SCOTIA HISTORICAL SOCIETY.
Rolls in facilitating the passage of a measure which was deemed
beneficial to the Province, though it is detrimental to his own
interests, I consider it my duty now to submit for your Ivordship's
consideration the accompanying application from the Master
of the Rolls that some mark of the Royal favor be conferred
upon him of the like nature as was granted to Sir Rupert George
at the instance of Sir John Harvey, when he ceased to be Prov-
incial Secretary.
I have already in my despatch No. 50, dated 30th August,
1854, expressed the sense I entertained of Mr. Stewart's public
services, and I perceive among the testimonials that he has been
once honored by a communication from your Lordship. His
long pubUc career, extending over a period of 29 years, and the
high judicial office he has held, the duties of which he has per-
formed so creditably to himself, and so satisfactorily to the com-
munity may, I hope, be the means of inducing your Lordship to
recommend this gentleman for some such distinction as those
suggested. Such an honor having a value not merely Colonial,
but Imperial conferred upon one of Her Majesty's Colonial sub-
jects, who had honorably distinguished himself in Her Majesty's
services would be prized in the highest degree not only by the
recipient himself but also by his fellow colonists, as tending to
confirm their union of interests, and advantage with those of Her
Majesty's subjects in the mother country." To this Lord John
Russell replied on the 20th July, 1855, after referring to Sir Gas-
pard's despatch, he says: "I have to inform you that your
recommendation of Mr. Stewart has been attended to, and that
his name will be submitted to the Queen for the honor of being
appointed a Companion of the Civil division of the most Honor-
able Order of the Bath as a mark of Her Majesty's Royal appro-
bation of his services under the Crown."
The despatch referred to by Sir Gaspard Le Marchant No.
50, SOth August, 1854, is important as giving the opinion of
previous Governors of his services. Stewart had applied, and
applied in vain to the Imperial Government to award him a fixed
LIFE OF HONORABLE ALEXANDER STEWART. 99
salary as Admiralty Judge. The despatch says, "Mr. Stewart
accompanies his application with a statement of his services
he has rendered to the Imperial Government in his capacity as
Judge of Her Majesty's Court of Vice Admiralty at HaUfax, and
I beg most respectfully to request your kind and favourable atten-
tion to that memorial. My predecessors in this Government,
Ix)rd Falkland and Sir John Harvey, imder whom Mr. Stewart
held this appointment, have both of them spoken highly on several
occasions in their public despatches of the Judge's claims on the
consideration of the Imperial Government, and to their recommen-
dation I beg to add my own. I am also happy in having this
occasion of placing on official record for the information of Her
Majesty's Government my own sense of the services rendered by
Mr. Stewart both to the Province and also to the Crown in his
twofold capacity of Master of the Rolls, and Judge of the Vice
Admiralty Court, and I hope that in bringing this memorial before
his Majesty's Ministers you will be pleased to give the same your
kind and favourable support, &c., &c."
In relation to the same subject an extract from the letter
of the Provincial Secretary the Honorable Joseph Howe, on the
30th March, 1855, may be given. "His Excellency commands
me to express to you his gratification at your ready acquiescence,
so far as your own personal interests and wishes were concerned,
in the views of the Legislature in consequence of which he will
be enabled to recommend the iVct for the abolition of the Court
of Chancery to the favourable consideration of Her Majesty."
These public documents bear high testimony to the broad
minded spirit in which he bowed to the will of the Legislature,
and show that no narrow selfish interest could induce him to
throw obstacles in what that body thought was an impediment
in the administration of justice. After the spirit he had dis-
played in this matter one would have looked for generous treat-
ment and consideration by the Government of the day. But it
was far otherwise. It is difficult to believe that public men — old
opponents it is true — could descend to tactics so unworthy as
100 NOVA SCOTIA HISTORICAL SOCIETY.
to endeavour to deprive him receiving the mark of distinction
for which the Governor recommended him, but the Provincial
Records disclose that the members of the Government addressed
the Governor in a Minute dated 4th Dec. 1855, protesting against
the conferring of any such honour. That protest was signed
by Tobin, Young, McNab, Creelman, Henry and Wilkins. The
minute states that the attention of the Council has been called
to Mr.- Stewart's letter enclosed in Sir Gaspard's despatch of
April, 1855, and Lord John Russell's despatch of 20th July, 1855.
That Mr. Stewart's judicial services do not in the opinion of the
Council entitle him to the honor above other public men whose
public services have been greater and more entitled to distinc-
tion. That the mere rumour has caused dissatisfaction among the
party supporting the Government and they express a hope that
if the distinction has not yet been conferred that Her Majesty's
Government may interfere to prevent it taking place. That
the claims of other pubUc men were much stronger than his, and
that it would create much irritation among a large portion of Her
Majesty's subjects in the Province. Sir Gaspard gave these
gentlemen a quick and effective rejoinder by informing them that
bestowing of honours was the prerogative of the Crown, and he was
therefore under no obligation to consult his Council as to the
persons on whom they should be conferred, and that if he had
done so it would follow from their mode of reasoning that no one
who was not of the same party as the Council could ever receive
such honours, and that he considered their action an infringement
on the Royal prerogative. In this view the Governor was fully
sustained by the Home authorities. The Secretary of State for the
Colonies, Mr. Labouchere, in answer to the despatch communicat-
ing the Minute of Council says," Although the opinion of your Coun-
cil in matters of public importance relating to the Colony are
entitled to the greatest consideration, yet in the present in-
stance Mr. Stewart's name has been submitted to Her Majesty for
the distinction as you were informed by Lord John Russell's des-
patch of July last. Her Majesty's Government therefore connot
interfere on the present occasion, they would in doing so cast
an unmerited reproach upon the name, and character of Mr. Stewart
LIFE OF HONORABLE ALEXANDER STEWART. 101
without anything to justify it You are not bound
by such opinion (the Council's) and must exercise your own
general discretion in recommending parties for Honorable distinct-
ion which are to be conferred for merit and services, irrespective
of party, and which will be approved of by the entire community. "
So was defeated this ingoble attempt on the part of his ad-
versaries to prevent the bestowal of a well deserved honor. First
they tried to drive him off the Bench without compensation of
any kind, then confronted with the impossibility of obtaining
Imperial sanction to the Act of abolition without providing a
pension, they fixed it at the smallest figures possible, and last-
ly did their utmost to thwart him in the reception of those hon-
ours which the Sovereign was recommended to confer. To close
this incident in his carrer on the 18th February, 1856, when he
was in London he received the following notice:
Sir, — ^The Queen having been graciously pleased to command
that an Investure of the most Honorable Order of the Bath shall be
holden at Buckingham Palace on Friday next, the 22nd inst., at a
quarter before three o'clock precisely, I have the honor by Cota-
mand of His Royal Highness the Prince Albert, great master of the
orders to apprize you thereof, in order that you may attend Her
Majesty on that day for the purpose of receiving the Insignia of
a Companion of that Most Honorable Order.
I have the honor, &c.
ALBERT W. WOODS.
Lancaster Herald & Gentleman Usher of the Order.
He attended at the Palace as requested, and on that day the
Queen personally affixed to his breast the decoration, and im-
mediately thereafter he attended the Queen's Levee, and was
presented. Among the large number of presentations on that occas-
ion is the following notice. "Mr. A. Stewart, Judge of the Vice
Admiralty Court in Nova Scotia on receiving the Order of the
Bath by Mr. Secretary Labouchere."
102 NOVA SCOTIA HISTORICAL SOCIETY.
Among other press references to this event is the following
taken from a New Brunswick paper expressive of the high estima-
tion in which he was held:
"The Gazette of February 5th announces the appointment,
by Her Majesty, of the Honorable Alexander Stewart, of Nova
Scotia, to be a Companion of the Most Honorable Order of the
Bath.
The Honorable Alexander Stewart, C. B., is well known in
New Brunswick, as a distinguished Member of the Bar both in this
Province and in Nova Scotia. He is a native of the latter Prov-
ince, where for many years he took a leading part in politics,
and having displayed great abihty in his profession, he was
advanced to the dignity of Master of the Rolls in Nova Scotia,
and also appointed by the Crown, Judge of the Court of Vice
Admiralty in that Province.
As Master of the Rolls, the judgments of the Honourable
Mr. Stewart were always marked by great ability, and evinced a
vast store of legal learning. It is creditable to the soundness
of his opinions, that although appeals were several times taken,
not one of his judgments was ever reversed or modified. When
the Court of Chancery was abolished in Nova Scotia, he offered no
opposition to the change, but retired on an allowance, retain-
ing however his position as Judge of the Admiralty Court, which
he still holds.
The appointment of the Honorable Mr. Stewart to the Order
of the Bath, is a high mark of Her Majesty's approbation of his
abilities and merits, and very likely may be only the forerunner
of still higher promotion."
Stewart was naturally very proud of this honor coming as
it did from the Imperial Government when such honors were much
more rarely conferred on colonials than they are today. In a
communication to the Governor, he says "And I shall be deeply
grateful if my children, friends, and fellow subjects shall have
LIFE OF HONORABLE ALEXANDER STEWART. 103
it in their power, if I am considered worthy of any such distinc-
tion, to point to it as a proof that public services performed in
a colony and by a colonist may lead to Imperial honors as surely
as when performed in England under the more immediate eye of
the Sovereign."
A short reference may here be made to what followed the
abolition of the Court of Chancery. This can best be stated
in the following extract taken from a paper read before the His-
torical Society of Nova Scotia on the "History of the Court of
Chancery in Nova Scotia.' '
"Whether on the whole a mistake was committed in abolish-
ing the Court of Chancery or not is fairly open to argument.
Looking at the question in the hght of experience I come to the
conclusion that the administration of law and equity by one
tribunal is the best and most conducive to the interests of sui-
tors, and in so far as that was the object of the legislature it
was wise. This object, however, was not accomplished except
in name for our legislature of that day had not grasped the basis
on which the fusion of law and equity could be brought about.
Indeed it was not successfully accomplished in England for
many years after, and then only after the most patient, and
searching investigation by the greatest legal minds in the coun-
try. What it did effect was a serious muddle in the adminis-
tration of justice, and its result was most injurious in its effect
on the legal profession. It is easy to destroy an old existing
institution, but it takes time, men of genius, knowledge, and
experience to reconstruct. The best evidence of the mistake
then committed was that in the very short period of eight years
the Legislature found it necessary to reestablish the sa.me Court
under another name, the Court of Equity — to the Judge of
which all equitable business was again exclusively assigned.
Great injury was brought upon the legal profession by the abo-
lition of the Court of Chancery in leading to the neglect of the
study of equity jurisprudence. The lawyers of the succeeding
generation, and until the Judicature Act was brought in devoted
104 NOVA SCOTIA HISTORICAL SOCIETY.
their energies almost entirely to the Common Law, not realizing
the necessity, they rarely acquired any thorough knowledge of
equity principles, and procedure. Equity as administered in
the Courts of law — at least up to the time the late Mr. Jus-
tice Ritchie became Equity Judge — ^was not remarkable for its
depth and learning, and adherence to sound principles, and there
was little encouragement to pursue it."
Stewart was still living when the Court was re-established,
and thought the position of Judge in Equity should first have
been offered to him, but strange to say his old rival for the seat,
the Honorable James W. Johnston, was again a claimant and
accepted the Judgeship. Mr. Johnston's claims were doubtless
very strong, as he, had been in the service of his country in the
Legislature for a very long time, and ranked high in the legal
profession.
Very little of Stewart's private correspondence has been
preserved, which is greatly to be regretted, as he excelled in this
respect. Moreover, no better index of a man's mind and char-
acteristics is to be found than in that free and natural inter-
change of sentiment not at the time intended for the public eye.
Some extracts from a correspondence carried on between himself
and one of his grandsons, a student-at-law, during the last five
years of his life, throw some light on his character, and the per-
vading ideas of his Ufe. He was greatly interested in the educa-
tion, and future career of this grandson, and these letters were
written to him from time to time for his guidance, and instruc-
tion.
In a letter, 16th March, 1861, to him, at that time an under-
graduate at Kings College, Windsor, he says:
"Next to accurate knowledge of the facts is the care required
to use the precise word which radically, grammatically, and
idiomatically expresses the idea you wish to express, and finally
a careful revision and correction of what you write. Don't
labour after metaphors and similes at first. They will suggest
IvlFE OF HONORABLE ALEXANDER STEWART. 105
themselves if I may so express it in due time. Seek only to
write clearly, to use the most appropriate language, and to under-
stand what you are writing about. I have drawn your atten-
tion to these matters for general use. But it is so much the view
of Nova Scotians to regard gab as everything, that you cannot
be too careful in laying up accurate knowledge and accustoming
yourself to reject everything as knowledge until you are sure
that it is accurate. To myself who have been studying the
principles of British Institutions political, social, and civil more
than half a century, the trash which is the staple of our Parlia-
mentary passages is inexpressively offensive. Fraud and men-
dacity, cheating and lying are charges freely made on both sides
of the house, and if not among our household gods, are assuredly
becoming household words among us, nor do I see any chance
of amendment. In the United States the fruit of unlicensed
speaking, and printing is overspreading with their noisome ex-
halations the whole land. Meanwhile for young and old, for you
and me there is a better country near to me, but probably a few
years further off from you, which may be obtained by all who
rightly seek it, among whom I trust you and I are to be num-
bered."
Again on March 23rd, he writes on the subject of self re-
liance. "As to self reliance the few govern the many. The
great majority of men lean upon others. It is energy, superior
energy, indomitable will, fixity of purpose, that distinguish the
men of mark from their fellows. These are the qualities which
have placed Howe, Tupper and Johnston in the foremost ranks
in our own little country. Pitt the elder and his scarcely less
distinguished son endured no contradiction. Pray don't skim
over anything you read. If worth reading at all, it ought to be
thoroughly understood. One page thus read is worth a volume
skimmed."
His deep religious feeling is shown in the following letter
addressed to his grandson on the completion of his College course,
dated 26th June, 1862. "Your highly creditable termination
106 NOVA SCOTIA HISTORICAL SOCIETY.
of your collegiate cx)urse could not but give one great pleasure.
Be it your earnest purpose to realize the hopes which it will
excite in your friends, and above all things never forget that
though Paul may plant and Appolo water, it is God alone that
gives the increase. Never forget that it is to Him only you must
refer all your doings, and come weal, come woe, depend on it
'finis coronat opus.' "
On the 16th Nov, 1862, answering an equiry as to the de-
sirability of committing to memory a book of legal maxims,
he says: "The maxims you refer to are very good in their way,
but they must ever be regarded cum grano salis. Paley will
tell you ' that the general consequence of any act overrules
the particular consequence of it.' And I tell you that law
is a system of complicated rules adapted as far as possible to
the ever varying conditions of society binding the Judge as well
as the suitor, and prohibiting the former from deciding 'se-
cundum esgum et bonum' in the particular case before him".
He then adds "I do not think you will find in either the Book
of Maxims the following, but I recommend you to commit them
to memory, and habitually act on them :
1st. The prayer commencing "Pater noster, and ending
with "seculas seculorum."
2nd. Whatsoever ye would that men should do unto thee,
do ye even so unto them.
3rd. Live within your income whatever it be, and don't
believe any person who tells you, it is impossible.
4th. Never shut your ears, or your heart or your pocket
to the prayer of the poor..,|g|,i Ws,;.-, I
5th. Gather gear by every wile that's justified by honor.
"Not to hide it in a hedge
Not for a train attendant
But for the glorious privilege
Of being independent."
LIFE OF HONORABLE ALEXANDER STEWART. {107
You may rely on it that no man can be independent who is in
another man's reverence, as the Scotch express it,
On the 2nd Dec, 1862, he writes:
"What I wish to impress on you is not the desire to accumu-
late wealth for its own sake, but to avoid poverty with all its
attendant degradations for your own sake. And this is to be
done by attention to the halfpennies, and pennys, the dimes
and the cents. Above all avoid the error of looking down with
lofty contempt on those who act on the principle of legitimate
economy."
On January 20th, 1863, in referring to the state of public
moraUty, he says : ' ' The truth is the success of * * * impels me to
think that honesty is not the best policy, but I am too old to act
accordingly. The 'mens conscia recti', however, to speak
plainly is a valuable possession. Never part with it. It is its
own reward. It is better than learning of which it is said or sung:
"When houses, and lands are gone and spirit
"Then learning is most excellent."
Another instance of the spirit which permeated all his actions
and feelings is found in the following letter of January 23rd,
1864. Apparently a newspaper criticising severely and harshly
his course in the celebrated "Chesapeake" case had been sent
to him by his grandson. After stating that he had read, and
immediately burnt it he says, "Let me impress it on you as a
rule never to be departed from, on no occasion to be the mes-
senger, or communicator of disagreeable things to any man,
except a sense of duty impels you to do so. Sedulously avoid
this, and you will find it a useful principle to guide you, as you
jog along through life, and moreover never let any person whom-
soever communicate to you anything disagreeable, or what
has been unkindly said of you. 'Don't Usten to it, unless indeed
it affects your integrity and calls on you to vindicate your char-
acter. But gossip avoid as you would poison.' ' Then referring
108 NOVA SCOTIA HISTORICAL SOCIETY.
to the criticism on himself, he adds "But the freedom of the
press is essential to the purity of the administration of justice
and therefore undeserved censure is not unacceptable to me.
Wrong I may be but it would be much more gratifying to me to
see by the writings of the authors of the various strictures on
my conduct, that the writers really understood what I did say."
He then adds that the newspapers had absurdly misrepresented
what he had said,
A very pleasing insight into his disposition is to be found in
a letter to his grandson, dated April 18th, 1864 — who had written
in an angry spirit to him in regard to an office which had been
promised but not obtained. He says: "You are, or will be
disappointed in not obtaining an office. I was turned out of my
office at an advanced age by Mr. Howe, Mr. Johnston and Mr.
Young. It never entered into my mind or heart to cherish re-
venge on them therefor. Never in the whole course of my life
did I wittingly do anything to revenge myself on any man. Ven-
geance is mine saith the Lord, and I will repay. I earnestly
adjure you to forcibly wrench from your mind all vindictive
feeling. But the violent animosity to which you give utterance
ought to be subdued. Depend on it you will be happier, and in
the end more prosperous than by indulging in so corroding a
passion as revenge. If the religion of Christ be the truth, and
you beUeve it to be the truth, if you do not abandon that purpose
you must in future omit that part of the prayer he taught his
disciples, viz, 'Forgive us our trespasses as we forgive them that
trespass against us', or make a special exception as regards ***
But my maxim was and be it yours —
'Here's a hand for those who love me
And a smile for those who hate,
And whatever sky's above me
Here's a heart for every fate.'
Get, your profession, attend carefully to your business, gather
gear, and everything else will follow in due time."
LIFE OF HONORABLE ALEXANDER STEWART. 109
"I hold it, he says, to be a religious duty. If a man makes
a promise to his hurt to keep that promise good. This, and the
rule to do unto others as you would that they should do unto
you will be found very useful in your progress through life, and
in judging of men, and their conduct, do as is your mother's in-
variable wont, always put the kindest construction on their
motives, and conduct."
This correspondence, a small part only of which is given here
presents in a striking manner the innermost sentiments of the
man, his high culture, his deep and strong reUgious and moral
feelings, his practical wisdom in the affairs of life, and the lofty,
christian spirit which actuated, and guided his conduct in all
his dealings with his fellow men. Although a successful man,
eventually gaining the highest hopes of his ambition, as these
memoirs have disclosed, he was destined to encounter many
obstacles in his road through life. The joy of victory must have
been saddened by the persistent malignity of his enemies jealous
of the honors he won for himself despite their determined efforts
to thwart him. His courageous spirit never bent beneath theirs
worst attacks, and his "Mens conscii recti" sustained him in
the proud consciousness of the uprightness of his conduct, and
purity of his motives.
Before turning to the last year of his life some account of his
family should be given. As already stated his wife lived for
twenty eight years after his death. Of his children four daugh-
ters and one son survived him. The eldest daughter Elizabeth
married the Reverend George Townshend, Rector of the Parish
of Amherst, the second Mary married the Honorable Senator
Dickey of Amherst, the third the Rev. Donald Bliss, Rector of
the Parish of Westmoreland, Province of New Brunswick, and
the fourth Lt. Col. H. W. Gierke, formerly a Captain in H. M.
62nd Regt. His only son, Lt. Col. Charles J. Stewart, resided in
Amherst until the death of his father and then removed to Hali-
fax. With the exception of Mrs. Clerke all the members of his
family were thus settled in Amherst and its vicinity, forming
110 NOVA SCOTIA HISTORICAL SOCIETY.
with their children a loving and interesting society. With their
husbands they exerted a leading, and useful influence in the
religious and social affairs of the place which up to the time of
his death was still a small country town. As their children grew
up to manhood they gradually took important positions in the
social, political, and business affairs of the place and county.
LAST YEARS.
The last decade of his life just filled the period between his
retirement from the Chancery Bench and his death. After
the abolition of the Court with the exception of his duties as
Judge of the Vice Admiralty Court, at that time not large, his
occupation was gone. A busy life of unremitting labor had come
to an end. He was still in the full possession of his intellectual
power, and in comparatively good health. His mind, always
active loved work for its own sake — it was his second nature.
From his earliest years he had been trained, or trained himself
to the habit of constant, unceasing application to whatever
demanded his attention. His professional duties at the Bar —
his political duties in the Legislature and in the Government,
and his judicial duties on the Bench had afforded him that full
measure of work which was so congenial to his nature. The
abrupt termination of his hitherto laborious life now brought
about left him at an age when it was too late to begin anew,
in a most unhappy position. It was not that he had not ample
means to live upon, for he had wisely provided against such
a contingency. What was he to do to fill the void. It was in
his view unbecoming in one who had filled the high position of
Master of the Rolls of the Province to resume either profession-
al, or public life, although he was sorely tempted once more
to enter the poUtical arena. Always in his most busy days
fond of reading he now strove more earnestly to find a resource
in the current literature, and scientific questions wheich were
constantly coming for discussion. In these he took a great,
and intelUgent interest, but trained as he had been in the school
of legal, and political life, such occupation did not fill the void.
LIFE OF HONORABLE ALEXANDER STEWART. Ill
He pined for work in keeping with his past activities, some-
thing which would preserve him from the rust of idleness. This
complete change in the habits of a man of his temperament,
his energies not yet blunted by old age, had the most baneful
effect on his health. This change did not come about at once,
but gradually in the course of the few remaining years of his life
it began to tell on him with ever increasing rapidity until the
foundations of a naturally strong constitution were sapped.
As soon as the business of the Chancery Court was woimd
up he went abroad with his family, travelling in England and
on the Continent, enjopng the society of his many friends in the
old country. He spent a year or more in this way, and returned
to his old home in Halifax where he passed the remainder of
his life. His restless spirit, however, rebelled against the en-
forced idleness of his life. Nothing could, or ever did reconcile
him to this monotonous existence. In one respect, however,
he was fortunate in having the comfort, and society of his chil-
dren married happily and well, and all living in the Province
with their children in whom he took the fondest interest. As
had been his custom when on the Bench during vacation he
spent his summers in Amherst, and its vicinity, where with the
exception of his youngest daughter they all lived. His rela-
tions with his children, and grandchildren were of the most affec-
tionate, and tender kind. He in return enjoyed their highest
respect and devotion. He was their wise counsellor in all their
trials and difficulties, and for those who needed it his purse was
always generously open. Through his paternal influence the
bonds of affection and family unity were preserved amongst
them all so that notwithstanding the numerous connections and
divers interests there was no sound of discord to be heard. Such
was his life, varied with an occasional visit to England and in
daily intercourse with those of his old friends who still resided
in Halifax. His duties in the Admiralty Court with some few
exceptions were not heavy, and he filled in his leisure hours in
reading, and walking of both of which he war very fond. He
died in Halifax on the first of January, 1865, about ten years after
112 NOVA SCOTIA HISTORIC AX, SOCieTY,
the abolition of the Court of Chancery, at the age of seventy one.
His remains were taken to Amherst where they lie in the English
Church yard, alongside of which twenty-eight years later were
placed those of his well beloved wife.
In a kind and sympathetic letter to his only son, Lt. Colonel
Charles J. Stewart, the late Mr. Justice Dodd conveyed to the
family the feelings of the Judges and the Bar. As this address
expresses in eloquent terms the opinion of those who were fa-
miliar with his public, and judicial career, and were best qualified
to judge his merits it is given in full. Mr. Justice Dodd who was
appointed to convey the address, and resolution says, "I may
add that in the loss you have sustained I have been deprived of a
dear, and valued friend, whose memory I will long respect and
esteem." It is worthy of note that the Chief Justice Young,
one of his bitter opponents, the Judge in Equity Johnston, his
formidable rival, and the late Judge Henry, of the Supreme Court
of Canada, then Attorney General, all took part in and endorsed
the sentiments therein expressed.
All these former opponents in political life joined with his
warm friends in placing on record the proudest eulogy of his
character and learning which any man could desire.
"At a meeting of the members of the Bench, and Bar of
Nova Scotia held at the I^aw Library in Halifax on the third
day of January, A. D., 1865, on the occasion of the decease of the
late Judge Stewart, C. B.
His Lordship the Chief Justice in the chair. The object of
the meeting having been mentioned addresses eulogizing the
character of the deceased having been delivered by the Hon-
orable Judge Johnston, Bliss, and Dodd, Honorable Attorney
General, the Prothonotary, and other members of the Bar, the
following resolutions were unanimously adopted.
RESOLVED unanimously, that this meeting has with deep
regret to record in its minutes the death of one of the oldest
LIFE OP HONORABLE ALEXANDER STEWART. 113
of its members, the Honorable Alexander Stewart, C. B., Judge of
the Court of Vice Admiralty for this Province and formerly Master
of the Rolls.
An able, energetic, and successful advocate, he was no less
distinguished as a Judge by the sound leaning, and patient
assiduity which he brought to the investigation of truth than
by his upright, and impartial administration of the law, and
the dignity with which he presided over the Court of Justice.
At this time especially when questions of International law,
involving great, and momentous interests may be more likely
to arise the loss of one is more deeply deplored whose studies
and habits of thought, and calm and dispassionate judgment, so
well fitted him for the consideration of such subjects.
He ever sought to sustain the rights and elevate the char-
acter of the Bar practising in his Court, and his kindness, and
courtesy in his encouragement of the younger members of the
profession will ever be held in grateful recollection, while in the
fulfillment of the duties of private life he maintained an un-
blemished reputation.
RESOLVED, that the expression of the feelings both of the
Bench and the Bar be duly published, and a copy thereof be
transmitted to a Committee consisting of the Honorable Mr.
Justice Dodd, the Honorable Attorney General and the Honorable
the Solicitor General to the family of the deceased, with an ex-
pression of the sincere sympathy of the whole profession in the
bereavement they have sustained.
FURTHER RESOLVED, that the Bench, and Bar do attend
the funeral in a body, and do wear crape for the period of one
month."
Such addresses, and resolutions are in many cases mere per-
functory performances, but it may safely be left to those who
have persued these imperfect memoirs to say whether they do
not genuinely represent the estimation inwhich he was deservedly
114 NOVA SCOTIA HISTORICAL SOCIETY.
held by his fellow citizens at the time of his decease. No words
could sum up more accurately, and tersely the general tenor of
his life, and conduct, and judicial acquirement. Nothing more
is needed to show that Alexander Stewart was a man well worthy
of the respect, and admiration of his fellow countrymen, and
that his name justly deserves to be handed down to future gen-
erations.
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RECORDS OF CHIGNECTO.
BY
W. C. MILNER.
The Isthmus of Chignecto, is a country of low lands and
marshes, with rivers running southerly into the Bay of Fundy
and northerly into the Gulf of St. Lawrence, and four upland
ridges terminating abruptly at the Bay of Fundy side and run-
ning out north-easterly. The first one is the Fort I^awrence
ridge, two miles from Amherst. This is the site of the former
Acadian settlement of Beaubassin, next to Port Royal, probably
the most ancient in Acadia. The EngUsh erected a fort there,
a portion of the breastworks of which may still be seen. The
I. C. R. cuts through this ridge and sUces off a corner of the
ramparts. A quarter of a mile further west, is the Missiquash
river, at present the boundary line between New Brunswick and
Nova Scotia. The Treaty of Utrect not having assigned any
boundary between English and French territories, the French
adopted this river as the boundary between the two powers.
The rival garrisons at Fort Lawrence and Fort Beausejour, separ-
ated by a river and a mile of marshes — exchanged sometimes
civihties and sometimes pot shots across this river. On the
western side of the river is an island in the marshes now known as
Tonge's Island. In the old French days it was known as Isle
LaValliere. The manor house of the seigneur de La Valliere oc-
cupied this ground in 1677. It was from this place that he ad-
ministered the government of Acadia when appointed governor
by Frontenac in 1686.
A mile further west the I. C. R. circles around the prom-
ontory of Fort Cumberland, the old Beausejour of the French.
The embankments and entrenchments are still to be seen from
2 NOVA SCOTIA HISTORICAL SOCIETY.
the train, and the old powder magazine still resists storm and
time. It ceased to be a military post in 1833; but it is only
within thirty years that the ancient casemates have fallen in and
the old barracks dropped into ruins from age. On the third
ridge four miles further west is the town of Sackville, the ancient
Tantramar of the French. On the west side of Sackville ridge
is the town of Dorchester. The fourth ridge is westerly two
miles between the Memramcook and Petitcodiac rivers. On it
were located the Memramcook and other French villages. This,
as well as other parts of the Isthmus, has been the scene of con-
tinuous conflicts in other days — when France and England were
at war, and generally when they were not at war.
The struggle between England and France, and afterwards
between England and the revolted colonies for the possession of
the Isthmus of Chignecto, arose from a conception of its value
and importance as a stragetical position. In times of peace, its
trade was valuable; in times of war, it became virtually the key
of Acadia. With it in possession of the French, no English
settlement in Acadia was safe. In possession of the EngUsh, the
French settlements on the St. John River and along the St. Law-
rence to the walls of Quebec could be menaced. Therefore the
government of Mass. Bay always gave marked attention to all
movements in this locaUty.
In 1696, Capt. Church from Boston appeared off Beaubassin,
in whale-boats, with a force from Massachusetts Bay to raid the
settlement and to assert British authority.
In 1703, Vaudreuil, Governor of Quebec, sent Beaubassin,
son of La Valliere, the Seigneur of Chignecto, to ravage the country
from Casco to Wells. Beaubassin was a noted Indian fighter, as
ruthless as he was daring. He divided his French and Indian
force into bands and assailed fortified places and houses at the
same time, sparing neither the white hairs of old age, nor the
infant at the breast of its mother. It seemed as if at the door
of each dwelling a hidden savage found its prey. All were des-
RECORDS OP CHIGNECTO, 3
troyed or taken into captivity. Three hundred persons were
massacred at their homes. The next year the government at
Boston determined on reprisals. The venerable Capt. Church,
whom the recital of the ravages of the French had filled with in-
dignation, came on horseback sixty miles to Boston to offer his
services. A punitive expedition to Chignecto was organized,
and a little later a fleet of whale-boats suddenly appeared in
Beaubassin and ravaged the settlement again.
Governor Shirley of Boston writes to the Duke of Bedford
in 1749.:—
"The French are determined to obstruct British settlement
"in Nova Scotia as much as possible, especially in Minas and
"Chignecto, which are districts absolutely necessary to be se-
" cured, and that the making of English settlements there will
"be no slight work, nor be held when effected, without a regu-
"lar fort strongly garrisoned betweeen Bay Verte and Beaubassin,
"and that I cannot but look upon the point now in dispute — the
"boundary line — as what must finally determine the mastery of
"the continent between the French and English."
At Chignecto, Father La I/jutre, a veritable pro-consul of
France, reigned almost for a generation over the French settle-
ments of Acadia and his Micmac and Miledte allies. That place
served as a base of operations for the continual raids of that
Prince of Courrier du Bois — ^Bois Hebert, who as lieutenant had
charge of the frontiers. It was a highway between Quebec and
Port Royal and a half way house between Louisburg and Quebec.
The French had made a military road from bay to bay, and, at
the mouth of the Gaspereaux (Port Elgin) river, they constructed
an outpost. The two posts were also connected by water for
canoes and batteaux, except a short portage of some 400 yards.
At that point warehouses had been erected, where military stores
and merchandise were stored in transit. It was from Beause-
jour that Coulon de VilHers led a detachment of French and In-
dians in the depth of winter (1747) to attack Col. Noble's force
4 NOVA SCOTIA HISTORICAIv SOCIETY.
then billetted amongst the Acadian farmers at Grand Pre, which
they surprised and massacred. It was from this place that 300
Indians issued in 1744 under de Ramesay to attack Port Royal,
an attack that was repeated by the same commander two years
later with 700 men.
When the Continental Congress desired to detach Acadia
from British rule, an expedition was organized at Boston (1776)
under Colonel Eddy, a resident of Chignecto, to capture Beause-
jour, then Fort Cumberland. He actually laid siege to the fort,
but was beaten back by the garrison under command of Major
Batt, assisted by the newly arrived Yorkshire settlers. From
these various movements, it may be seen as a military base it
was probably held in higher value in those days than any other
position in Acadia.
From Biencourt to La Valliere was about 70 years; from
La Valliere to La Loutre's departure was about 80 years; from
La Loutre to the present time is about 155 years. Therefore
the European history of Chignecto spans a period of nearly 300
years.
The history of this district embraces four periods: —
1st. Acadian settlement
2nd . New England Immigration.
3rd. Yorkshire Immigration.
4th. Loyalists.
FRENCH OCCUPATION.
Christmas in the year 1610 was celebrated by the governor
of Port Royal — Jean de Biencourt, with a little colony of 23
persons. It had then been established five years, or one year
longer than the Jamestown settlement of 120 persons from London.
That was the beginning of colonization in Acadia. The 50
or 60 French families D'Aulnay brought to Port Royal twenty-
five years later, are the original stock from which the Acadians
RECORDS OP CHIGNECTO. 5
have sprung. Thirty-six years later (1671) they had expanded
to 400 persons, divided into 67 families.
It was from these that the first settlement at Chignecto took
place.
The first European who visited Chignecto, of whom we have any
record, was Diego Homen a Portuguese settled at Venice. In 1558
he voyaged into the Bay of Fundy and made a map showing
Chignecto Bay. It is probable that Portuguese and French
fishermen cast their nets into these waters even before that
date. Cartier and Boberval did not go so far South. Cham-
plain sailed with De Monts into the Bay of Fundy in 1604. The
next visitor of whom we have a record is Biencourt.
Jean de Biencourt with four Indians made the trip
accompanied by Father Biard, a member of that Order,
whose sons forced their way through trackless wastes of the vast
solitudes of the west planting the cross and watering it with
their blood.
Father Biard in his record of the trip says: "At Chignec-
"to, there is a beautiful prairie as far as you can see. Several
"rivers discharge themselves into the Bay. The Indians num-
"ber 60 or 80 souls, and they are not so vagabondish as others,
"because this spot is more retired and more abundant in chase
"for food. The country is for the most part agreeable and to my
"mind of great fertility if cultivated."
Caulfield writes to the Board of Trade in 1715 of Chignecto:
"A low lying country used mostly for raising black and white
cattle. Were, in our necessity supplied with about 70 barrels
of extraordinary good beef. The greatest resort for the Penob-
scot and St. John Indians, who barter to the French great quan-
tities of furs and feathers for provisions. They have oxen and
cows about 1000; sheep about 100; hogs about 800; corn to
support their families (about 50). Computed at 6000 bushels."
6 NOVA SCOTIA HISTORICAL SOCIETY.
At this time Minas had about two hundred settled families
and raised about three times as much stock. It is also recorded
that at this date the catch of fish on our shores by New Englanders
was 100,000 quintals per annum, A large trade was carried
on between the Acadian settlements on the Bay of Fundy and
Louisburg. Beef, cattle, grain and other products were tran-
shipped over the Isthmus of Chignecto and carried down the
coast in small vessels, receiving back European goods.
Thirty years later (in 1750) Surveyor General Morris re-
ported to governor Shirley of Massachusetts that the French
population had grown to :
At Annapolis 200 families
At Minas and Canard 350 families
At Pisiquid 150 families
At Cobiquid and all settlements north to the Missiquash
had been burned and their inhabitants, 350 families, had emi-
grated beyond that river.
This was an enormous increase of population.
To keep the 700 Acadian families south of the Missiquash
in order and to protect the frontiers from incursions by the
Acadians and Indians, required in 1750, 1000 men, 450 of which
garrisoned Fort Lawrence. At this date, there were 1000 Aca-
dians fighting men north of the Missiquash, who had sworn al-
legiance to the French king; 200 regulars, 300 Indian warriors
and in addition 90 Hurons, lately sent from Quebec and employed
as rangers and scouts. Total 1,600 men, ready for any enterprise
calculated to harass or destroy Port Royal or the newly settled
town of Halifax.
It was the policy of Mr. Grandfontain, governor of Acadia,
to establish seigneuries in Acadia the same as Frontenac had
granted in Quebec to his comrades in arms of the regiment of
Carignan de Salieres — a regiment sent over by Louis XIV to
tc
RECORDS OF CHIGNECTO. 7
protect the Richilieu and other settlements on the St. Lawrence
from the Iroiquois. Having accomplished that purpose they
were disbanded and accorded land grants — and accordingly
the seigneury of Chignecto was granted to La Valliere, Captain of
Frontenac's guard, of Chipoudy to Thibideau the miller of Port
Royal, of Petitcodiac to Guillaume Blanchard, of Port Royal
and some other grants were made.
In 1676, Michael Le Neuf de la Valliere, seigneur of Chignecto,
obtained from Frontenac a grant of the territory between River
Philip and Spring Hill on the south-easterly side and the Petit-
codiac andShemogue rivers on the north-westerly side — a lordly
domain, embracing forests and fisheries, mines and marshes
and the rivers and coasts of two great bays — a domain nature
had generously endowed.
La Valliere was a member of the Poterie family, that came
with the Repentigny family from Caen to Quebec in 1638. Talon,
in a memorial written in 1667, states there were only four noble
families in Canada — ^the two mentioned and the Tilly and Aille-
bout — and these were probably four too many for their own
comfort. The Intendant at Quebec (1687) wrote the French
Minister for aid for Repentigny and his thirteen children and for
Tilly and his fifteen, stating they must have help or they will
starve. The others were almost equally poor. The French
noblesse and gentilhomme, when deprived of their official pay,
became helpless. The profession of arms was their life. They
had no taste for the strenuous toil of the backwoods settler.
Their home was naturally in the army; their trade was not the
pioneers' axe or mattock but the sword.
Outside of his poverty, La Valliere was a man of consequence.
While he held the Commission of Captain of the Count's guards,
he was a voyageur, a wood ranger, a mariner, a trader and a dip-
lomat, and in one capacity or another was constantly on the
move on the frontiers of French domain in Canada — at one time
8 NOVA SCOTIA HISTORICAL SOCIETY.
in the wilds of Hudson's Bay and at another a beau gallant at
Boston.
Having received his grant, he departed from Quebec in a small
vessel with his family and retainers for Chignecto. When he ar-
rived there, he found his territory already occupied by one Jacques
Bourgeois, a resident of Port Royal and four famihes with him,
who had settled about 1672 at Beaubassin (now Fort Lawrence).
This was the second European settlement in New Brunswick —
the first being a small one from St. Malo at Bay des Verts by a
fishing company in 1619. Bourgeois was attracted by the fertility
of the land, the fisheries and the fur trade. The latter then was
the greatest source of profit to French adventurers who
ranging the woods collected vast quantities of furs. La
Valliere did not attempt to dislodge Bourgeois but established
himself across the Missiquash river in feudal style at Tonge's
Island; he had a secretary named Hache Galand, who married
an Acadian lass named Anne Cormier and their descendants to-
day number hundreds of families. He had an armourer named
Perthuis, and other settlers with famiUes. La Valliere made
clearings, erected stockades, cast up dykes enclosing marsh,
built a mill and ran a trading vessel called the St. Antoine. The
Bishop of Quebec in his pastoral visit to Acadia in 1689 sailed
form point to point in her. It is said this vessel was no saint;
that she classed with those African missionary ships of New
England fitted out by pious hands with bibles and New England
rum. In 1686, he built a church — ^probably the second in Acadia.
In 1677, Mr. Marsen, governor of Acadia, with head quar-
ters at Jimseg on the St. John river, was bagged by a marauding
Dutch trader cruising up the St. John river — and taken away
thus leaving the governorship vacant and La ValUere was appoint-
ed by Frontenac in his place. Thus Chignecto — the exact geogra-
phical centre of the maritime provinces, became the capital of
Acadia, about 70 years before Comwallis made a settlement at
Halifax.
RECORDS OF CHIGNECTO. 9
While ha. Valliere was promised a salary of 1800 livres, none
was paid him, and he was left to forage for himself and sustain
the dignity of his office at his own cost. To do both, he gave
permits to the merchants of Boston to fish on the coasts of Acadia
for a consideration. In this he interfered with fishery rights
previously granted by Louis XIV to Sieur Bergier and other
merchants of Rochelle. In 1684 Bergier captured eight Boston
vessels fishing on his grounds. He sent them to France. Two of
them holding La ValHere's licenses were acquitted and Bergier
had to return them to their owners and pay damages. In return
La Valliere's cruiser confiscated the property at a fishing station
of Bergier's at Cape Breton. Both Bergier and La Valliere
carried their grievances to Versailles, but Bergier's Company
had the direct ear of the Minister of Marine while La Valliere
had only indirect communication via Quebec and he was bowled
out. A decree was issued depriving him of his governorship. He
afterwards returned to Quebec with his family, leaving his lands
to be exploited by his son-in-law. La Villieu. He was granted a
seigneury at Three Rivers, which he afterwards occupied.
During the first half of the 18th century the French settle-
ments in Nova Scotia developed greatly in wealth and popu-
lation, while practically no advance was made by the English
except at Port Royal until 1749 when Halifax was settled. There
was no safety or security for any English settlers beyond the
range of the guns of the outposts. The policy followed by Abbe
La Loutre was to harry English settlements and prevent their
establishment. The Society of Foreign Missions sent him to
Canada in 1737, and seven years later he was found leading
an attack on the English settlement at Port Royal. In 1745,
the English offered a reward for his arrest. He evaded arrest
until 1755, when on a passage from Quebec to France, his vessel
was captured by an English cruiser and he was sent to the Island of
Jersey, where he remained a prisoner of war for eight years. Capt.
John Knox writes that he saw him there in 1762, where he lived
most luxuriously drawing upon London for ;^12 per month. He
10 NOVA SCOTIA HISTORICAL, SOCIETY.
relates that a sentinel placed over him had been a prisoner of
the French in Nova Scotia, was doomed to be scalped by father
La lyoutre's orders who marked him with a knife around the
forehead and poll in order to strip off the entire scalp. The sen-
tinel recognizing him, unfixed his bayonet to run him through
and was only prevented by force from bayonetting him. His
rage was so intense that he was removed to England and exchanged
into another corps. La Loutre remained a prisoner until the end
of the war, when he returned to France.
In 1755, England and France were nominally at peace with
each other, but the peace was only the calmness of expectancy
before the storm bursts. French power in America was seated
in Louisiana and Quebec and the government had conceived
and were carrying out the bold pohcy of connecting these two
domains by a chain of forts and trading posts by the Ohio, and
west of the Alleghany Mountains, in order to confine the British
Colonies to a strip of the Atlantic coast east of the Alleghanies and
leave the whole southern, western and northern part of this con-
tinent for French expansion and dominion. Although the Colonies
mustered a population of over a milhon and the French in Canada
only fifty thousand, the military prowess of France was equal to
this mighty scheme of Colonial conquest, if it had been directed
here, but it was wasted and dissipated in continental battle fields.
This was a period of great alarm amongst the frontier settlers and
traders and of grave anxiety to the people of Massachusetts,
New York, Pennsylvania and Virginia, who were alive to the
menace to their existence by the establishment of an Indian and
French power at their doors. The English government was no
less conscious of the impending danger and common measures were
taken with the utmost secrecy to strike at French aggressions.
Four seperate expeditions were plaimed for this purpose to capture;
(1) Du Quesne, where Pittsburg now stands on the Ohio.
(2) Beausejour, to destroy French power in Acadia.
(3) Crown Point, on Lake Champlain, commanding the
southern highway to Lake Ontario.
RECORDS OP CHIGNECTO. 11
(4) Niagara, cutting off communication between Canada pro-
per and the Great Lakes.
Of these four, that against Beausejour alone was successful.
Braddock led his troops to an overwhelming disaster; the battle
of Lake George was won by Sir Wm. Johnson without gaining
Crown Point, and the expedition under Shirley to Niagara was
abandoned.
Thus, while England and France were at peace, the Massa-
chusetts assembly was making preparations to make war on the
French on this Isthmus. The French appeared to be laying
claims to Nova Scotia and treating the English as intruders
there; their Indian allies were harassing and destroying posts and
settlements and killing and scalping settlers. Their trail was
marked by fire and blood. The French were preventing the
Acadians from taking or obeying their oath of allegiance; they
were forcing them from their homesteads and lands on British soil
and keeping them in a state of restless disaffection and hostility,
in order that they might not furnish English posts with aid or
supplies, and to enable them to be used in the first hostile move-
ment made. The French official despatches, between Du Quesne,
Governor General at Quebec and La Loutre, shew it was the inten-
tion of the French to make a pretext for attacking Fort Lawrence.
From 1749 to 1756 — ^history was making fast in Acadia, espec-
ially at Chignecto.
The British Government exhibited renewed activity in their
possessions here. They sent Comwallis to occupy and settle
Halifax. This was followed by the change in the seat of Govern-
ment from Annapolis to Halifax. Preliminary steps were taken
to check the encroachments of the French. By the treaty of
Utrecht in 1713, Acadia was ceded to Great Britain. The bounds
of Acadia were not defined, perhaps from lack of exact geograph-
ical knowledge. While the English at once demanded submission
of the Acadians in New Brunswick as part of Acadia, the French
12 NOVA SCOTIA HISTORICAIv SOCIETY.
assumed that the bounds of Acadia were limited to the peninsula
of Nova Scotia, and in the process of time came to dispute the
British claims. In 1746 Chevalier La Come visited and examined
Beaubassin. He was a distinguished French officer, son of Captain
La Come, town Major of Quebec. He was next in command to De
Ramsey at the affair of Grand Pre in 1749. La Corne was sent
(1749) from Quebec with 70 regular troops to take possession of the
heights at Beaubassin and established a post there, which was
called Beausejour after an Acadian who lived there, and not as
has been supposed — ^from the magnificent view obtainable there.
M. de Lery was Engineer in charge; the sub engineer was
Jacquet de Fredmond, afterwards immortaHzed at the seige of
Quebec. In the spring, Beausejour was commenced, half in earth-
work, the other half in palisades ; with barracks, store-houses, and
powder magazine. At the end of summer the place was ready for
a seige. It had five bastions with 32 small cannons mounted, one
mortar, and 18 eight pounders. The garrison consisted of 6
officers and 60 men. The fort was built of stone to the height of
the ditch and the ditch was palisaded.
A COMPANION FORT ON THE OTHER SIDE OF THE ISTHIMUS WAS
CONSTRUCTED.
Fort Gaspereaux was in the form of a square. The four bas-
tions at the angles were constructed solidly of timber, piece upon
piece, and with a platform upon which were mounted six pieces
of cannon. The curtains consisted of two rows of pickets, driven
against each other, behind which was a road of earth four feet wide
by three feet nine inches in height. A fosse was excavated six
feet from the enclosure. In 1751, the garrison, consisting of
an officer and fifteen men, lived in huts outside pending the
erection of the barracks, which were never completed.
RECORDS OF CHIGNECTO. 13
At this time the following Acadian refugees found shelter
under its protection;
Men 11.
Women 12.
Boys 21.
Girls 17.
These people possessed 63 homed cattle, 7 horses and 43 pigs.
All supplies and stores shipped to Beausejour from Quebec
were landed at this place and transported over the Isthmus, either
by the old French road or by water, down the Missiquash river.
A good trade was carried on by the inhabitants across the Isthmus
on one side and by vessel on the gulf on the other side. When the
post capitulated in 1755 there were 25 houses, a chapel and a priest's
house, well furnished. The people seemed to be more prosperous
and comfortable than in other settlements in Acadia.
1750 the next year, Comwallis dispatched Captain Lawrence
with a force of 400 men, to maintain British supremacy there.
On his arrival, he found the French flag flying upon the shore,
La Come in possession and his men drawn up to dispute a landing.
Lawrence and La Come had an interview. In answer to the
former's question as to where he should land. La Come pointed
to Beaubassin across the Missiquash River, stating the French
claimed that as the boundary hne, until otherwise settled. Law-
rence proceeded to land his troops at Beaubassin, (now Port
Lawrence) when suddenly a conflagration broke out in the
village — consuming the church and all the dwellings. La Loutre
himself, it is said set the torch to the church and his emissaries
did the rest. The houseless and homeless occupants were thus
obliged to seek shelter across the River at Beaubassin and ad-
jacent villages. One hundred and fifty houses were said to have
been bumed, but this must have been largely exaggerated. Law-
rence, powerless to effect anything, left with his command for
Halifax.
14 NOVA SCOTIA HISTORICAL SOCIETY.
About the same time La Come was relieved by Captain De
Vassan and > the construction of the Fort was resumed by De
Clerg, a son of the MiUtary Engineer of Quebec.
The English claims being thus challenged, Major Lawrence
was again sent to Beaubassin with a considerable force — Las-
celle^s regiment, 400 strong and 300 men of Warburton's.
When this force attempted to land at Beaubassin, they were
opposed by French and Indians, posted behind the dykes. These
were driven off, after the English had lost six killed and twelve
wounded. Lawrence landed, encamped and hastily fortified
himself. He built four bastions connected by double palisaded
curtains, calculated to accomodate 150 men.
Much has been written about the assassination of Captain
How. This barbarous and treacherous act evoked the indigna-
tion of the French and English officers on the spot, both of whom
placed the responsibility on La Loutre, whom they claimed had
incited a Micmac named Copt to commit the foul deed.
La Loutre himself placed the blame on the Micmac chief.
All accounts agree that How was a gifted and accomplished man,
and was influential with the Micmacs as well as Acadians, with
whom he had an extensive acquaintance. A man of that stamp
would be extremely repugnant to the designs of La Loutre. One
accoimt states that the meeting between him and How was to
arrange for an exchange of prisoners; another account says that
some of the French posts needed provisions, and the Commissary
at Louisburg was authorized to treat with the English for them,
and to furnish How with any sureties he might require. The
interview on the banks of the Missisquash was to settle the details.
The garrison at Fort Lawrence, made that place at once a
trading centre, which has more than a local fame, from its con-
nection with Sir Brook Watson, General Joshua Winslow, Captain
John Huston and others. The Acadian refugees surreptitiously
LIEUT.-GOVERNOR FRANKLIN.
RECORDS OF CHIGNECTO. 15
traded here, notwithstanding the wrath and orders of La I/)utre,
who owned a storehouse at Bay Verte. Graft had made prices
high at Beausejour and thrifty Acadians did not believe that
their nationality ought to deprive them of the right to make
good bargains. 1752 Jacan de Piedmont, a distinguished ar-
tillery officer was sent from Quebec to Beausejour to superin-
tend the works. In 1753, La Loutre sailed to France and re-
turned with 50,000 livres to build an aboideau across the auLac
River, a work that is today still in evidence. The Bishop of
Quebec at the same time appointed him Grand Vicar. These
successes augmented his power, and while De Vassan would not
tolerate him in military affairs, he monopolized all civil powers
of the command.
In 1753, De Vassan was relieved of the command and succeed-
ed by Captain de la Martiniere, and Captain Scott succeeded
Lawrence as Commandant at Fort Lawrence. Martiniere left
in 1754 and was succeeded by Vigor son of Du Chambon, one
of the men who bravely defended Louisburg in 1745. He was
a man of loose morals and a grafter. The welfare of his peo-
ple and the honor of his country were all sacrificed to his personal
desires. A writer has said that the French Governors and Inten-
dants went to the Colonies to enrich themselves and when they
embarked they left their honor and probity behind them. The 18th
century was not alone in possessing men who prostituted high pub-
lic positions to the basest uses. Virgor had a comrade in Bigot,
the Intendant of Quebec, who wrote him advising him to "Clip
and Pare" all he could, to be able to join him in France later on,
Virgor accepted this advice and plundered the King's stores.
He was the Commandant of the post at Wolfe's Cove at the
capture of Quebec in 1758. He was negligent at his post
enabling the Highlanders to effect a landing and scale the
heights and he has been charged with corruptly deserting his duty.
Whether justly or unjustly, he has bequeathed for all time a
name redolent with shame.
16 NOVA SCOTIA HISTORICAL SOCIETY.
1754 Governor Lawrence sent Monckton to Boston to propose
to Governor Shirley to raise 2,000 men to subjugate Beausejour,
Shirley submitted the proposal to the Massachusetts assembly
in secret session, where it was adopted with considerable enthu-
siasm. Governor Shirley commissioned John Winslow to raise
2,000 volunteers for the service. Winslow, a Marshfield farmer,
was descended from the early Governors of Plymouth Colony,
His family had given many of their sons to honorable public
service.
A graphic story of the stirring events at Chignecto in 1755
is from the pen of John Thomas, of Marshfield, Mass, a surgeon,
who accompanied Winslow from Boston, was a spectator and
kept a diary of the moving scenes enacted there. He left his
home on 9th April, 1755, on horseback, put up at Morse's tavern
at Boston Neck and went into Boston next morning with 50
troopers. From that date until the 22nd of May, when the
fleet sailed, Mr. Thomas was very much engaged in social func-
tions at Boston and on the fleet, which had gathered at Deer
Island Roads. Three men of war. The Success, the Mermaid
and the Syren and 33 transports, containing a force of 2,100 men,
were enlisted for the attack on Beaubassin. Four days after
sailing the fleet anchored in Annapolis Basin and on 1st June
the fleet set sail and arrived at the Joggins 15 miles below Beau-
bassin that night.
How are these proceedings interesting the garrison at Beau-
bassin?
At 2 o'clock on the morning of 2nd June, M. Virgor in command
was rudely awakened from his sleep by the guard who told
him of the arrival of a messenger stating a fleet of vessels had then
anchored at Maranguin 15 miles below.
Virgor was now all vigor. He sent word to the Acadians,
of whom there was almost 1200 capable of bearing arms to report
for service. Many of them were refugees from abandoned English
RECORDS OF CHIGNECTO. 17
settlements at Cobequid, Shubenacadie, Grand Pre, etc; and
naturally dreaded the English finding them in arms as in that
case they had been warned they would be dealt with severely.
The next afternoon the fleet sailed up the Bay and anchored
below the two forts. The boats were got out and the force was
landed at once on the marsh below Fort I/awrence. Mr. Thomas
remarked that the wind blew hard as it generally does there in
the summer months from the southwest. They pitched their
tents about the fort. The second day after, the drums beat to
arms and at break of day the men were dressed three deep for
the march.
The attacking force consisted of 2,100 men of New England,
with 250 regulars from Fort Lawrence. For artillery they had
four brass field pieces and a six pounder. Capt. Adams led the
advance guard of 60 men, up the right or easterly bank of the
Missiquash river, about four miles where the road crosses the
salt marsh between the two ridges of upland.
The real battle for the possession of the Isthmus then took
place at Pont a Buot — now Point de Bute. When the English
crossing the Missisquash effected a landing on the ridge, west
of the river, they were enabled to gain the high land in the rear
of the Fort, entrench themselves and plant there seige guns,
after which capitulation was only a matter of a few days. A
repulse of the English efforts to cross the Missiquash River and
effect a lodging might have been disastrous to them. The post
at Pont a Buot was established not only for defensive purposes
but to protect the line of communication across the Isthmus to
Fort Gaspereaux.
It was screened from observation at Fort Lawrence, and
military stores and supplies could be safely laden or unladen at
this place when carried by batteaux. Store houses were built
at the Portage at Bay Verte road to receive suppUes in transit
either way.
18 NOVA SCOTIA HISTORICAL SOCIETY.
Franquet, a distinguished French military engineer, who in-
spected these posts in 1751, says there were thirty men attached
to this post, besides a Commandant, Ensign Bilaron. The en-
trenchment was triangular and consisted of an enclosure made
by double rows of palisades, driven against each other, and be-
hind them a bank of earth three feet high; At the angles were
platforms for guns. Two ships guns were mounted, taken from an
English Brigantine, which the Indians had surprised. An Aca-
dian named Buot lived at this place, who it is believed escaped
to Prince Edward Island at the time of the dispersion of the French.
In the rear of the post, quarters had been erected for the Com-
mandant and his company, the former one consisting of a picket
structure 14 feet square covered with boards and for the latter
one 36 feet long and 14 feet wide.
When the English debouched from the woods on the eastern
side of the Missisquash on 4th of June and laid down their pon-
toon bridge across the Missisquash, the French had 450 men-
French soldiers, Acadians, and Indians to dispute their passage.
The English brought their field pieces into action and advanced,
and a canonade and brisk musketry fire on both sides ensued last-
ing about an hour, when the English rushed the works and the
French fled, burning the buildings as they left. Before night
the church and nearly all the dwellings about the settlement were
fired by the French and destroyed, and their live-stock — horses,
cattle and hogs were found nmning at large.
In this encounter the French lost 14 killed and wounded
and the English 3 killed and 10 wounded.
Beausejour was guarded on both sides of the ridge by block
houses — on the easterly side by one on the heights east of the
Fort, then called Butte Amirande — and the other on the opposite
side of the ridge on the Bulmer Farm.
When the English captured Pont a Buot on 4th, they after-
wards laid a pontoon bridge across the Missisquash at Butte
RECORDS OP CHIGNECTO. 19
Amirande and brought up their seige guns by barges from the
squadron anchored in the bay below.
On 10th a French officer named De Vanne with 180 men
made a sortie from the Fort, but returned without getting near
enough to the enemy to receive a shot. Later the same day an-
other one, Captain de Baillent made another one and was more
successful. He received a musket ball and was chased back to
the Fort.
On 12th Captain Scott commenced the entrenchments for
regular siege operations, the trenches for which may still be scan,
and two days later, the English had in place an 18 pounder and a
five inch mortar with which they commenced the bombardment.
The same day the French fired 150 caimon shot and four nine
inch bombs into the entrenchments.
On 13th the English having completed their roads moved
their guns up to their entrenchments 300 yards from the Fort.
When the English appeared Virgor sent express messengers
to St. John, Louisburg and Quebec, making urgent demands for
help.
Capture of Beausejour.
On 13th a reply came from Drucour at Louisburg, stating he
was unable to render any assistance. A council of war was called
and it was decided to hold out as long as possible, but to conceal
the news from the Acadians who had become restive and been
demanding a release. The news was divulged through the wife of
an official with whom Virgor was accused of carrjdng on an in-
trigue, and the French became at once greatly excited and alarmed
demanding they be released from a hopeless struggle. They re-
presented that the Fort afforded no security against the English
shells, and that their lives would be sacrificed to no good porpose.
On 16th the contest was brought to an issue by a shell, which
broke into a casement, where Ensign Hay, a prisoner captured
on 8th, and four French officers were taking breakfast. Of these
Hay, and Messrs. Rambrant, Femaud and Chevalier de Billy
,20 NOVA SCOTIA HISTORICAL SOCIETY.
were killed. This event created a panic and Virgor wrote to
Monckton for 48 hours of cessation to arrange terms of capitulation.
Monckton drew up the articles of capitulation himself and sent
them back by the messenger, with the intimation that unless the
Fort was surrendered before 7 o'clock that evening, firing would be
recommenced.
All discipline was abandoned at the Fort the last day, The
French officers and officials looted all portable things of value they
could carry away. The robberies were committed in the face of
Vigor and the store keeper refused in his presence to sign any
statements of the stores supposed to be on hand.
La Loutre opposed surrendering, stating he would rather bury
himself under the ruins of the fort than surrender. Some of the
officers also opposed it, but DeVannes was sent as a herald to
Monckton's camp to accept the terms.
The Acadians fled across the marshes of Tantramar. LaLoutre
escaped to Gaspereaux. From there he hastily escaped to Quebec
where he 'was received with reproaches by the Bishop of Quebec.
Tradition says that Priest Manach accompanied La Loutre
as far as Gaspereaux, and the English afterward seized him and
deported him to France. A letter of Mascarene contradicts this
and states he was at Miramichi at the time of the capture.
LaLoutre was a type of the meddlesome and ambitious eccles-
iastic, common to all sects in all ages, who commits mischief in
proportion to the degree the ignorant and deluded are foolish
enough to trust him.
At 7 o'clock that night a detachment under Capt. Scott entered
the Fort, filed along the ramparts and hoisted the British flag.
Capt. DeVilleray in command at Gaspereaux surrendered the
following day. The French troops arrived at Gaspereaux on the
24th, where they were placed in vessels and sent to Louisburg, at
which place they arrived on 6th of July.
RECORDS OF CHIGNECTO. 21
Tradition says that the French officers entertained the British
victors at a dinner party the night after the surrender. The pro-
fessional duty of the former to shoot the latter on sight did not
blind them to their duties as hosts to entertain pleasantly.
The light hearted gayety with which these men accepted
defeat and misfortune, is in strong contrast to the many eviden-
ces they had shown of their bravery and enterprise in war.
The wives and children of the Acadians from their house tops at
Tantramar five miles away watched with the keenest interest and
anxiety the course of the artillery duel between the English batter-
ies and Beausejour, which ended on 16th June, by the appear-
ance of a white flag at the fort and later by the lowering of the en-
sign of France. The next morning with grief they beheld the gar-
rison march forth and take the road to Bay Verte thence to be
shipped to Louisburg.
The French reports of the operations at Fort Cumberland are
very meagre, and for the only detailed account of it, we are in-
debted to one Pichon or Tyrell, who Parkman says was one of the
peculiar products of the times, but political mercenaries are com-
mon at all times. He was in the pay of both countries. He was
bom in France — his mother was an Englishwoman and his fatheJ
a Frenchman. While he was nominally in the employ of France —
being commissary of stores, he had opened up a secret correspond-
ence with Captain George Scott, who commanded the English
at Fort Lawrence, in which he gives copies of La Loutre's corres-
pondence, which he had purchased from La Loutre's clerk. Pichon
must have been as largely equipped with brains as he was defici-
ent in morals, for he was an author of some distinction, having
published a work in 1760 on "The Islands of Cape Breton and St.
John" and at the time of his death in London in 1781, he is said
to have enjoyed the society of many of the savants. He had had
a medical education, and filled a number of appointments with
apparent credit, such as Inspector of Forage at Alsace, and Secre-
tary to the Governor of Louisburg. He unveiled the designs and
movements of the French Government at Quebec respecting Acad-
22 NOVA SCOTIA HISTORICAL SOCIETY.
ia especially the proceedings of "Moses", by which name Pichon
denominated the Loutre because he pretended to have led the
Acadians from the land of bondage, and thus did not a little
to precipitate open war between the two powers.
The burning of the villages at Chignecto and the emigration
of the inhabitants to the protection of the French flag at Beasejour,
were a complete and absolute abandonment of any rights they
possessed as subjects of Great Britain. When this was followed
five years later by their enrollment and arming against the Eng-
lish,, there was no reason to treat them otherwise than as enemies.
Four days later, 250 of the Acadians appeared at the fort.
They were promptly arrested by Col. Monckton and conducted by
Major Bourn with a guard of 150 men to Fort Lawrence where
they were held as prisoners. At the same time raiding parties
were despatched as follows: —
Major Preble with 200 men to Tantramar.
Capt. Percy with 100 men to Point d' Boet.
Capt. Lues of the Rangers to Cobequid and Ramshag.
The later captured two vessels at Ramshag loaded with cattle
and sheep for Louisburg.
Four days later, Capt. Willard returned from Cobiquid with
several prisoners and reported to have burned a number of vil-
lages. Three days later Major Frye and 200 men left in vessels
for Shepody and Petitcodiac rivers to destroy the settlements
and bring on the inhabitants. Capt. Gibbert with 50 men went
on the same errand to Bay Verte. Frye's expedition met with a
repulse. The account is as follows:
During the last days of August a strong force was despatched
from Beausejour on board of two vessels to capture the French
at Chipoudy and along the Petitcodiac River. At Chipoudy
they found the men had fled leaving 25 women and children who
were taken prisoners. They burned 181 houses and bams.
On 3rd Sept. they sailed up the Petitcodiac and finding the vil-
v
COLONEL JOHN WINSLOW.
RECORDS OF CHIGNECTO. 23
lages deserted set fire to the buildings for a distance of 15 miles
on the north side of the river and 6 miles on the south. They
then attempted to fire the Mass house, when they were attacked
by a superior force of Acadians and Indians under Bois Hebert
and forced to flee to the vessels with a loss of two officers — Dr.
Marsh and Lieut. Billing and six privates. The whole force
narrowly escaped extermination as the armed vessels had drifted
down in the tide and it was not till the flood they could afford
protection. They destroyed 253 buildings and the Mass house.
The Acadian Deportation.
On 7th August a despatch came to Col. Winslow ordering
him to Minas with four companies. This despatch probably con-
tained the first order from Lawrence at Halifax issued a week
before relating to the great Acadian tragedy then impending,
but the contents of which Thomas appears to have been ignor-
ant. Then follows act after act in this terrible drama. Orders
irere sent to the French in the settlements about to come in to
the Fort. These settlements contained a population of 4000
persons. They were filled with Acadians from Nova Scotia,
who had poured into the villages west of Missiquash — Beau-
bassin, Memramcook, Shediac and Petitcodiac. They were sup-
ported by rations issued at Beausejour — ^two lbs. of bread and
a half a lb. of beef per day per man.
The posts dependent on Beausejour 1751 were as follows:
Officers Soldiers Canadians
Gasperaux
Bay Verte
Point k Bout
Veska (Westcock
Chipoudy
Riviere St. John
Also the following villages:
Peccoukac, Chipoudy, Memramcook, Veska (Port de Mer'
Tantramar, (Big Village with Missionary), La Coup, Le Lae»
15
15
30
12
10
20
50
24 NOVA SCOTIA HISTORICAL SOCIETY.
Gedaygue, where a French trading post under a storekeeper
was established.
On 10th. Sept. the first detachment of 50 Acadians were put on
board the transports. On 1st Oct. 86 Acadians escaped from
Fort Lawrence by digging under the wall and getting away to
the woods.
On 11th Oct. the last of the French prisoners were sent on
board and on 13th Capt. Rous sailed with a fleet of 10 vessels,
carrying 960 Acadians to South Carolina and Georgia.
The scenes at embarkation were very painful. Even at this
lapse of time one cannot but regard with sorrow, mingled with
a feeling of horror the tortures of a defenceless people and the
cruelties perpetrated on innocent women and children. Abbe
La Guerne says that many of the married women, deaf to all
entreaties and representations, refused to be separated from their
husbands and precipitated themselves in the vessels, where their
husbands had been forced.
During October and November the escaped Acadians, no doubt
wrought up to a state bordering on frenzy by the persistent hunting
to which they were subjected, by the deportation and the con-
fiscation and destruction of their property, inaugurated on their
part a guerilla warfare. On 23rd October a brush took place on
the River Hebert between a command from the fort bringing in
horses, sheep and cattle and a large party of French and Indians.
The former prudently retreated. The same day another encounter
took place at Au Lac, and other ones at Tantramar, Westcock, &c.
At the close of the year 1755, we find the populous French
villages on the Isthmus as well as at Chipoudy, along the Petit-
codiac, at Shediac and from thence to Pugwash destroyed, their
ancient owners scattered from Quebec to Georgia or else hiding
in the forests with their Indian allies. Those who escaped into
the forests struggled forward to Miramichi and a few found homes
at the head waters of the St. John. From both of these places
RECORDS OF CHIGNECTO. 25
numbers were able to seek permanent homes in Quebec. At
this period Miramichi had a French population of 3,500 people.
Eleven years after the deportation, a column 800 strong of Acad-
ian men, women and children formed in Boston and marched
600 miles through the unbroken wilderness to reach their old
homes. All history does not furnish so touching and pathetic
a picture; many of them dropped by the wayside and found there
forgotten graves. Those who gained their old homes on the
Memramcook, Petitcodiac and Hebert rivers found them in
ashes. Despair urged them on to make an attempt to commence
life anew, and some 50 or 60 families pressed on to Tantramar,
Beaubassin, and River Hebert and found their farms had been
regranted and were occupied by an alien race. How bitter must
have been their hearts — without a home and without a country!
The large French population of Westmorland is descended either
from those who escaped the deportation or those who returned
from United States.
In 1761 Capt. Rod MacKenzie in command of a Highland regi-
ment at the fort fitted out two vessels at Bay Verte and seized 787
Acadians then living at Nepisiquit. He brought away 335 of
them; the others made peace with him. Those who were made
prisoners were shipped to Massachusetts. The government there
refused to admit them; they were returned and settled along the
eastern coast of Nova Scotia.
One morning a Frenchman came timidly into the settle-
ment that had been re-peopled at Petitcodiac. He gave
his name as Belliveau. He alone remained of all the
Acadians who occupied farms on the south side of the Peti-
tcodiac. He said that on the approach of the English, his
people had sought safety in the woods, where the English were
unable to find them, until one calm morning they were betrayed
by the crowing of a cock. Their encampment was immediate-
ly surrounded and they were driven at the point of the bayonet
to the river opposite Monckton, there to be embarked. In des-
pair many had thrown themselves in the river; some escaped;
26 NOVA SCOTIA HISTORICAI< SOCIETY.
some were drowned; the balance were carried into captivity
Belliveau being away hunting had escaped. He had since sub-
asted by hunting and fishing. His powder had long been ex-
hausted, but he had managed to exist. He was welcomed and
proved a valuable addition to the infant community which pros-
pered with the years. Most of these families have multiplied
enormously. He lived till he was nearly a hundred years of
age and recollected to the last these events. His descendants
now occupying Belliveau Village Dorchester,
One of the Acadians enlisted by Coulon de Villiers in his attack
on Noble's force at Gaspereaux, was an Acadian named Zedore
Gould. He was 20 years of age at the time. He escaped with
others to Miramirchi at the time of the deportation and some
years after returned and became a tenant of Governor DesBarres
at Minudie. He lived long and was able to give a vivid account
of the expedition against Noble — its march in winter to Bay
Verte, thence along the shore to Tatamagouche, thence up that
river to Shubenacadie. When they reached Meloncon vill-
age, now Judge Weatherby's orchards at St. Uulalie, they were
halted. A wedding was in progress and they were regaled with
dder, cheese and rolls of black bread. There were two puncheons
of cider, which was served by Meloncon's two daughters. This
was a pleasant introduction to the carnage that followed.
The Engush Garrison Fort Cumberland.
Thomas recorded 15th November, as a "pleasant day.'
On that day the British burned 97 houses and a large Mass house
at Tantramar — ^now Upper Sackville. The force augmented
to 700 men under the command of Col. Scott, marched to West-
cock and from thence to Memramcook, where two days later
they burned 30 houses and brought away 200 head of neat cattle
and 20 horses. On 20th, they gathered 230 head of cattle, 2
horses and sheep and pigs at Tantramar, burned 50 houses at
Westcock and returned to Fort, exchanging shots with the Aca-
dians.
RECORDS OF CHIGNECTO. 27
For nine years the Fort at Piziquid — (Fort Edward, Windsor)
formed a prison house for captive Acadians. The average num-
ber of them detained there was three hundred and forty-six.
They were employed on government works and paid wages with
which they supplied their families.
Those who had escaped and sought shelter in the recesses
of the woods, from its security beheld the smoke curling from
the ruins of their houses. If man is sometimes merciful, war
is pitiless, and one cannot even at this distance of time regard
without commiseration the misfortunes of the race who first
sought an asylum and a home in our unbroken forests.
From 10th June till 1st December, when Surgeon Thomas
took passage in a vessel with Col. Winslow for Halifax, he seems
to have been pleasantly situated. Small garrisons were main-
tained at both posts, and there was a constant exchange of visit-
ing and dining. Game and fish were abundant, and if the garri-
sons did not live sumptuously in sybarite fashion, they at least
did not starve. The shallow lakes and ponds of the Tantramar
and Missiquash marshes are recorded as alive with geese, ducks
and other game. One alleged origin of the name Tantramar
is so much noise — derived from the calls and screaming of flocks
of birds, while as to the other bay, the variety it afforded
of table delicacies warms up the surgeon's heart with
recording the abundance of clams, oysters, lobsters and
mackerel. In addition to the garrison at Fort Lawrence, it had
become quite a trading post. Capt. Huston with Commissary
Winslow had carried on a truck business with the Indians
and also with the Acadians, against the prohibition of La Loutre
and Virgor, He had in his. employ the famous Brook Watson.
The latter is supposed to have received his business training at
Chignecto with Huston and to have been tutored by Joshua
Winslow. The latter was the father of Alice Greene Winslow,
whose diary, edited by Alice Morse Earle was one of
the features of the American book trade about fifteen years ago.
Alice Greene was sent by her father from Cumberland to Boston
28 NOVA SCOTIA HISTORICAL SOCIETY.
to be educated and her daily records are graphic pictures of life
there. Joshua Winslow with his family remained at Chignecto
until some time after 1770. He became paymaster general of
the British forces in America and died in Quebec in 1801, He
was the brother of John Winslow. The latter was the father
of General John Winslow, who at the revolutionary war sided
with the Americans. It is recorded that both uncle and nephew
had threatened to hang each other if either caught the other.
General John did capture General Joshua, but released him on
parole. The latter bequeathed most of his property to his
rebellious nephew. His descendants live at Niagara in an old
Colonial mansion filled with furniture, books, and arms belong-
ings of that period. Amongst others at Fort Cumberland was
a Col. Gay, a very high spirited gentleman. He purchased a
farm on the eastern flank of the fort where he lived, becoming on
the organization of New Brunswick a local notability. He held
the office of judge of the Court of Common Pleas and other places.
It is recorded he had trouble with Col. Gorehara, which led to a
duel. He ran the point of his sword through Goreham's arm
and pinned him to the door of the barracks. The door with
the sword point was to be seen for many years after. Surgeon
Thomas also records he supped at Fort Lawrence with Mr. Allan.
This was probably the Colonel Allan, who twenty years after-
wards became Eastern Indian agent of the Continental Congress
with headquarters at Machias and who competed with Michael
Franklin for ascendancy with the Micmac and Passamaquoddy
tribes, and later, at the time of the revoluntionary war, was a
very active agent in trying to dispossess the British in Acadia
Life at Chignecto then was not all pleasure; it had its seamy
side. There was sickness and casualties and operations to be per-
formed. There were court martials for disturbances, some-
times because of too much rum, sometimes because there was
not enough. Whipping and riding the horse were favorite
penalities. Many expeditions were undertaken either to break
up Acadian settlements, to punish Indians or to protect loyalists.
There were almost constant alarms and bloodshed. The famous
RECORDS OF CHIGNECTO. 29
Courrier du Bois — Bois Hebert, in charge of the Indians of Acadia
was a dreaded foe. His tactics were to suddenly strike and as
suddenly disappear, as elusive as an igneus fatuus; when pur-
sued, he left no traces. Occasionally he would ostentatiously
shew himself to his enemies, resplendant in a uniform of white
and gold — with laced hat and waistcoat and then the mystery and
silence of the woods would hide him. Expeditions almost with-
in sight and sound of Fort Cumberland or Fort Monckton were
destroyed by him. The shadows of the forest contained keen
eyes and relentless hands for those who ventured within their
reach.
Bois Hebert while described as leader of a company of Cour-
reur du Bois, was officially in command of the Acadian Militia
and had no connection with the former, who were of two classes
— those going to the original haunts of beaver amongst the
Assiniboines, Dekatohs, and other tribes or those going to the
hong Sault, to meet Indians and French who came down and
traded goods and brandy for pelts. Bois Hebert's command
consisted of expert wood rangers and hunters recruited from
amongst the Micmacs, Canadians and Acadians. He was a
typical Frenchman, daring and resourceful and capable of make
ing himself at home with and winning the confidence and respect
of the Micmacs. Why men of his class, so highly gifted, were
not able to compete with the Anglo-Saxon in the arts of coloni-
zation, is a problem that some historians find a solution in the
malign influence that the Roman Empire exercised in Continen-
tal Europe in centralizing authority, and wiping out those self-
governing local municipal institutions, that from immemorial
times, had been the training schools of Anglo-Saxons in the
art of government.
But it was not all war at Chignecto. There was
also peace. The Surgeon makes many records of one Mr.
Phillips, an army Chaplain — ^who preached on the parade all day.
These all day preachings were generally followed closely by a
raid on the enemy — perhaps not so much on the principle that
30 NOVA SCOTIA HISTORICAL SOCIETY.
peace and war are comrades, as that getting shot or scalped may
have been considered a welcome interlude between all day preach-
ings. On the last day of August, 1755, he records the preaching
of Mr. Woods, the first missionary sent there by the S. P. G.
This missionary came from New Jersey to Annapolis. He was
an indefatigable worker. He mastered the Micmac language,
and is said to have made a grammar and dictionary in the Mic-
mac tongue and translated the Bible. A trip he made some
years later up the St. John River is one of the interesting records
of the S. P. G. He and priest Maillard were close friends.
When the latter was on his death bed at Halifax, Mr. Woods
admintered to him the last rites of the Chuech.
Mr. Thomas was no stiff necked Protestant. On 13th July
he records, that with a guard of 16 men, he rode to Bay Verte and
attended mass there.
The New England volunteers seem to have regarded the
expedition as a religious duty — ^much the same as an Israelitish
raid on the uncircumcised Philistines. Such names on the mus-
ter roll as Abiah, Hezekiah, Obediah, Aranish, Josiah, Nehemiah,
Jeremiah — added to the severe Puritanism of the life, give them
a likeness to the ancient followers of Moses.
Col. Frye's diary at this time does not present his men as models
of circumspection. He writes: "Whereas some of the troops
from Massachusetts now in the garrison have taken sundry suits
of clothing and other things out of the Purser's stores and sold
them for spirituous liquors contrary to 3rd Section of the Articles
of War, therefore no person or persons shall sell them liquors
or anything from the government stores from there."
. Orders were issued against soldiers going out to shoot game
with the King's ammunition, but the order is kindly tempered
by the qualification that if they did go, the officers were to have
the first choice of game brought in
MAJOR-GENERAL MONCKTON.
RECORDS OF CHIGNECTO. 31
All news to Chignecto came by occasional packets from Bos-
ton or from Halifax via Minas or Port Royal, and their arrival
was, as may be imagined, eagerly watched, to obtain news of their
friends or of the stirring events of the outside world. On 12th
August two whale boats sailed into the Bay, bringing Capt. Joseph
Gorham, carrying despatches and the news of Braddock's defeat,
his death and the almost annihilation of his army. The gloom
cast by this terrible disaster was scarcely relieved by the news
that came two months later by vessel from Boston of General
Johnson's victory over the French at Lake George.
Guerilla Warfare.
The year Beausejour was captured two French ships of the
line bound for Louisburg were captured and taken into Halifax.
Amongst the material of war found was some thousands of scalp-
ing knives. They were for use against somebody. At
the same time, a price for English scalps was being paid for
at Quebec. The French were not the only offenders against the
code of civilized warfare if any warfare can be considered civilized.
The English displayed equal enterprize. The government of
Massachusetts Bay issued a proclamation oifering rewards for
scalps, the same as bear bounties were paid at a later date.
A story of English butchery, brutal enough to make one blush
for his country, is told in a letter written by Hugh Graham, a
gentleman living in Comwallis in the year 1791. A company
of Colonel John Gorham's Rangers — (A military body organized
to protect the English settlements in Acadia, from the depreda-
tions of the French and Indians), came upon four Acadian French-
men who had ventured out from their skulking retreats to pick
up cattle or treasure, and had just sat down on the bank of
the Napan River to rest and eat. The Acadians were completely
taken by surprise and were at the mercy of their foe. The offi-
cers in command turned their backs, and in a minute all was over
with the poor Frenchmen; they were shot and scalped as they
lay. It is stated that a party of Rangers brought in one day,
10
32 NOVA SCOTIA HISTORICAL SOCIETY.
to Fort Cumberland 25 scalps pretending they were Indians,
and the Commanding officer at the Fort, then Colonel Wilmot,
afterwards Governor Wilmot ordered that the bounty paid in
Indian scalps should be given them. Capt. Huston, who at that
time had charge of the Military chest objected to such a scandalous
proceeding. The Colonel told him that the bounty in Indian
scalps was according to law, and tho' the law might in some
instances be strained a little, yet there was a necessity for winking
at such things
Thereupon Huston, in obedience to orders paid down ;6250,
telling them that the curse of God should ever attend such guilty
deeds. On another occasion, some Acadians were surprised on
the banks of the Petitcodiac by Rangers and not expecting much
mercy from such ruthless hands, jumped into the river, attempting
to swim across. One would have supposed that so bold an effort
as attempting to brave the strong swollen tide of that river would
have appealed a little to the admiration of the blood-hounds
at their heels. It did not. They fired vollies at these poor
wretches in the water. It is a matter of poetical justice, that
the curse of the Almighty seemed to rest upon them; nearly all
of them ended their lives wretchedly. One of the most reckless
and brutal of their number, one Capt. Danks, who was suspected
in the Eddy war of being on both sides of the bush, left Fort
Cumberland in a small jigger bound for Windsor, took sick on
the passage, was thrown into the hold amongst the ballast, was
taken out at Windsor half dead, died after and had little better
than the burial of a dog. Danks Point, east of the Tignish
river owes its name to this ruffian.
Previously to 1755, the French had a thriving settlement at
Minudie, with a road leading up River Hebert and over the
Boar's Back to the Basin of Minas. It is not stated or recorded if
the inhabitants, who were known as French neutrals and were
nominally at least under the protection of the British govern-
ment, had engaged in any of the fihbustering expeditions against
the English. At this distance of time, it is impossible to find
RECORDS OP CHIGNECTO. 33
any evidence in the matter. Here they had erected houses and
farms, dyked their marshes and were living in peace. Col. Monck-
ton, who was then in command at Fort Cumberland sent Lieu-
tenant Dixson with a Company of New England Volunteers to
Minudie to dislodge them. Dixson arrived there at night; posted
his men to form a cordon in the rear of the settlement, and at
sunrise in the morning, the French were awaked by a discharge of
musketry. The French awakening from their dreams by such
a rude blast, sought safety in flight. Observing at once that
retreat was cut off on the land side they fled to the ford towards
Amherst Point. The tide was in but they preferred to trust to
the mercy of the swift current. In they plunged; the volunteers
following them sharply, made targets of these poor wretches
struggling in the water. It was afterwards told that the volun-
teers exulted in that bloody work, and when a poor Acadian was
hit and turned up in the water from gravity, a shout was raised,
^'See how I made his forked end turn up."
Major Thomas Dixson had some impleasant half hours with Bois
Hebert. His experiences were numerous and thrilling enough
to fill one of Cooper's volumes. He was a Dublin lad and a
dare-devil Irishman, but he was matched by a dare-devil French-
man in Bois Hebert. He commenced his military career a second
lieutenant in a New England regiment. After some guerilla
fighting with the Indians in New England, he went with his com-
mand to Chignecto, and was at the capture of Beausejour. He
was attached to Gorham's Rangers. For some years after the
Acadians were very active in bush ranging. One Sunday morning
they tomahawked and scalped five soldiers from the fort at Jolicure
at a place now called Bloody Bridge. At Fort Monckton, they
tomahawked and scalped nine soldiers who were cutting wood
near the fort. In 1758, Dixson with a company of rangers was
despatched to pursue Bois Hebert, then on the march to Que-
bec. This was during the autumn, when the woods were flam-
ing with the hues of Indian summer. Dixson followed his trail
to the Miramichi, where he caught the glare of Hebert's camp
fires burning on an island in the river, now called Beau Bear
34 NOVA SCOTIA HISTORICAly SOCIETY.
Island, after Beaubair, French Governor, who had a
battery and small garrison there in the early part of the 18th
century. Reaching the Island, he found his foe had fled and
left him nothing but the smouldering ashes. The season
being well advanced, and becoming cold, and the game
on which they subsisted becoming scarce, they deter-
mined to return. On their march back, their privations
had become so extreme, that ten miles from Fort Beausejour
the command gave out. Two started for the fort. One died
on the way. The other reached it, and sleds were sent out to
bring the others in. The next season, June 1759, Dixson was sent
out with a scouting party of twenty men and an Acadian guide
to dislodge a French camp at Barnum's Tongue. He reached
the camp which had been deserted hurriedly, destroyed it and
then turned back, arriving at the Au Lac river where it joins a
small stream called La Coup. Finding the tide had risen to
high water, they started to retrace their steps to cross at an
aboideau further up. A yell from the Indians shewed that they
were ambushed. Except Dixson they were all tomahawked and
scalped. Dixson with a bullet hole in his shoulder was saved for a
ransom and was marched to Quebec, where he was held as a pris-
oner. When Wolfe appeared off Quebec, he was sent to Three
Rivers and on the capitulation he returned to Chignecto via
Boston. A devotee of Venus as well as Mars, he renewed there
his attentions to Catherine Weatherhead — a sister of the first
sheriff of Westmorland — to whom he was married and some of
their decendants in the fourth and fifth generation live in
Chignecto.
A monument was erected by the New' Brunswick Govern-
ment in 1875 at Port Elgin to the memory of those who fell at
Fort Monckton. The inscription is as follows : —
"Erected"
"by the New Brunswick Legislature, A. D., 1875, in memory
of the Fort Moncton soldiers buried there in 1775.
RECORDS OP CHIGNECTO. 35
"Here lies the body of Capt. Joseph Williams, who died
October 9th aged 50 years.
Also Sergeant Mackay and eight men killed and scalped by
the Indians in bringing in firewood, February 26th.
Also, James Whitcomb, killed by the Indians, July 23rd,
aged 23 years.
Also, Nathaniel Hodge died, aged 32 years.
John Wescomb, R. N., died 1855, aged 70.
First Settlers op Chignecto.
The second part of the design of Lawrence and his Council at
Halifax was now in order, namely to replace the French by English
immigrants to strengthen English rule and power in Acadia.
The removal of the French in 1755, and the fall of Louisburg
three years later, opened the way for permanent settlements
and a fixed government, A legislature was summoned at Halifax
in 1758, and the vacated lands of the French, over 100,000 acres
of intervals and 100,000 of upland, were ordered to be adver-
tised for settlers. Townships were set ofif and all immigrants
were guaranteed liberty of conscience. The next year, a com-
mittee from Connecticut arrived at Halifax with proposals to
settle Chignecto. In November of the same year, delegations
from about 1000 Acadians in New Brunswick appeared at Fort
Cumberland and offered their submission to Col. Frye. They
were received and helped with provisions, and a few months after
the Indian Chiefs from the Passamaquoddy and Micmac Indians
appeared there to make treaties of peace. In 1761, Capt. Wink-
worth Yonge, Joshua Winslow, John Huston, John Jenks, Jos-
hua Sprague, Valentine Estabrooks and William Maxwell were
appointed a committee to admit persons into the township of
Sackville, and two years later (1763) 65 families had settled
in the townships of Sackville and Cumberland, being either dis-
banded soldiers or immigrants from New England.
36 NOVA SCOTIA HISTORICAl, SOCIETY.
Theire were English garrisons at Beausejour, Fort Lawrence and
Fort Monckton and the only English settlers were disbanded
soldiers and tradesmen who had commenced to locate themselves
aromid these posts and within the range of their protection. The
French inhabitants had been so completely driven off that nine
years later (1764) they only numbered 388, men, women and child-
ren, in this portion of Acadia, when instructions come from the
English government to allow them to become settlers on taking
the oath of allegiance. Special inducements were held out to the
irregulars of New England to become settlers, if they would re-
main in duty six months longer. To a Colonel was offered 2000
acres of choice land; Major 750 acres; Captain 500; Ensign 450;
Private soldier 200.
Applications were to be made to Thomas Hancock, Boston,
province agent at Boston, who being applied to by persons desiring
to know the kind of government in Nova Scotia and whether tolera-
tion in religion was allowed, a second proclamation was issued on
11th January, guaranteeing representative institutions and full
lliberty of conscience, except to papists.
1759, on 19th July, Messrs. Liss Willoughby. Benjamin Kimball,
Edward Mott and Samuel Starr, junior, a committee of agents
from Connecticut appeared at Halifax proposing to make a settle-
ment at Chignecto and they were given a vessel to visit the locality.
In September they returned and proposed some alterations in the
grant, which were agreed to.
While there were three garrisons on the Isthmus, settlement
was very much hindered by the absence of any security to life or
property. The Indians and French scoured the woods, ready
to pick off any stragglers. They would even show themselves
ostentatiously before the walls of the forts; any settlement out
of the reach of guns was not only hazardous but impracticable.
The French and Indians exhibited in their raids a skill, and a
bravado amounting to recklessness. In April of this year, (1759),
two vessels, were at anchor at Grindstone Island, one the armed
schooner "Monckton' ' belonging to the Province, the other a trans-
RECORDS OF CHIGNECTO. 37
port loaded with beef, pork, flour, bread, rice, peas, rum, wine,
sugar, lemons, beer, shoes, shirts, stockings and other goods laden
at Halifax for the shopkeepers at the Fort. During the night of
4th, the transport was captured by canoes manned by Acadians
and French from the shore, and in the morning, they made a
most determined effort to capture the "Monckton", chasing
her down the Bay for five hours. The "Monckton" had a boy
killed and two men wounded in the fight. The schooner was
afterwards ransomed for ^1500 the French taking the cargo.
The Indians along the North Shore and on the Richibucto,
Miramichi rivers were very ferocious. History relates many stories
of their daring and cruelty. They were greatly dreaded by
English settlers. Even the first immigrants into Halifax suff-
ered by them. Captives were treated with wanton and inhuman
barbarity.
In 1723, assisted by a party of the Penobscot tribe, they
raided Canso and carried off plimder to the amount of £20,000.
They were commanded by Argimoosk — or "White Witch", a
very cimning and daring chief. Three years later they made
another raid and captured 17 sail of fishing vessels from Massa-
chusetts. Forty of the crew were captured, of them fifteen were
rescued, 9 murdered and the remainder sent as slaves to Richi-
bucto river.
On 24th. September 1778 a Treaty of peace was made in St.
John Harbour between Governor Franklin and 26 Indian Chiefs,
which ended all wars. Michael Arjiman, Chief, Barnard Cataup
and Joseph Portes, Captains, signed on behalf of the Micmacs at
Chignecto.
A military government at Halifax early fell into disrepute.
Within a year after the expulsion of the Acadians, the people
fell foul of the Lawrence government. After seeking redress
without avail, they appointed Fernando John Paris of London
their agent, and his letter dated 26th January, 1757, contains a
number of charges of extravagance and nepotism, against Law-
38 NOVA SCOTIA HISTORICAI. SOCIETY.
rence, Cotterell, Bulkeley, Green and Saul. It charges them with
having made no return of ^20,000 worth of cattle, hogs, rum and
molasses captured from the French. The letter charges Lawrence
with arranging a scheme for an Assembly that would throw the
representation in his own hands. He had represented Cumber-
land as a township and entitled to a representative, whereas this
famous township consisted of 5 old sergeants and soldiers, all
sutlers to the garrison and subject to military orders. Annapolis
and other places the same. As a matter of fact the Provost
Marshal returned on 22nd August, 1759, for the township of Cum-
berland, Joseph Frye and John Huston and for the County, Wink-
worth Tonge and Simon Newcomb.
Brooke Watson came to Chignecto — ^now Fort Lawrence — ^in
1750, with Capt. Huston. He was then fifteen years of age. In
1755, when he was only 20 years of age, he was not only given
an independent command to bring in the Acadians, but he was
employed to victual the transports, for their removal. He then
entered into a business partnership with Mr. Slayter of Halifax,
but this lasted only two years, when he removed to England.
When he was 25 years of age he married there Miss Helen Camp-
bell of Edinburgh. He was then in partnership with a Mr, Mauger
and doing a large colonial business. When he was 46 years of age
he was made Commissary General of America. When he was 49,
he was elected to Parliament from London and retained his seat
for nine years. Ten years later he was made a baronet and he
died childless in 1803. The title is now held by William Brooke
Kay the fifth baronet, his great great grand nephew. This was
the career of a waif who was doomed to the clutches of the select
men of Boston, to be bound out as an apprentice to a tailor against
his vehement protests, when rescued by Capt. Huston and taken
to Chignecto.
After leaving Chignecto, Watson went to sea and in the har-
bor of Havana had his leg bitten off. Caricatures of him printed
when he had attained wealth and power in London, represents
him as walking on a wooden stump. That he should have over-
Caricature of Sir Brock Watson, published 1800.
RECORDS OP CHIGNECTO. 39
come this and the impediments that surrounded him at boyhood,
shows an extraordinary amount of power and resolution.
Capt. Huston represented Cumberland in the Local Assembly.
He died at Canard at the venerable age of 85 years. To the last
the closest intimacy was maintained between him and his baronet
protege.
Jedediah Preble, who was Major under Monckton, was made
a Captain at Ix)uisburg nine years before. He was father of
Commodore Preble and grandfather of Admiral George H. Preble
of United States naval service fame.
Col. Monckton in command at Beausejour came of a dis-
tinguished family. His father was Viscount Gal way; his mother
a daughter of the Duke of Rutland. His grandfather William
Lord Russell was distinguished enough to get beheaded in 1663
for political reasons. Monckton commenced his military career
in Flanders and was in many engagements. Eleven years later
he was sent to Halifax and was actively engaged in Canada until
the fall of Quebec, where he commanded as a Brigadier General.
He afterwards commanded an expedition that captured Marti-
nico. He was afterwards governor of New York and later gov-
ernor of Portsmouth and a member of Parliament.
There were three Gorhams in the English service — a father and
his two sons and all of them colonels. They were a Massachu-
setts family. Col. Gorham sr., was in command of a Provincial
regiment at Louisburg and died there. His son John Gorham
succeeded to the command. He was afterwards in command
of a body of Rangers (of half blood Indians) raised in Boston for
service in Acadia.
His coimection with Acadia ceased after 1752. His brother
Joseph Gorham was a Lieutenant Colonel in the regular army and
was very active during the French and Indian wars. His name
constantly appears in reports and orders.
40 NOVA SCOTIA HISTORICAL SOCIETY.
Michael Franklin came from the South of England to Halifax
in 1752 to engage in mercantile business. He was employed in
public affairs in which he seems to have been unusually successful.
He organized the MiUtia and was commissioner of Indian affairs.
He was most influential with the Indians. He married a grand-
daughter of the famous Peter Fanuel of Boston. He has des-
cendants in the Uniacke name in Halifax.
Amongst the notabilities in Cumberland after 1762 was Jo-
seph Morse. He received the land grants of a Colonel and had
some sort of a command at Fort Lawrence, but his name does
not appear in any army list. He was originally a resident of
Medfield, Mass., to which place his forbears emigrated from Eng-
land in 1635. He had been the possessor of large means and
was in intimate terms with Sir Jeffrey Amherst, by whom he was
induced to advance supplies for the expedition Amherst undertook
in 1759 up Lake George to reduce Ticonderoga and Crown Point
Morse was made a prisoner by the French, sent to France, where
he was kept in close confinement, so that when exchanged his
health was shattered. He was sent to London and received
marked favor from George III., after which he sailed for Acadia
and took up his residence at Fort Lawrence where he died. His
descendants are numerous, many of them occupying prominent
places in civil and public life.
Yorkshire Immigration.
Governor Franklin was very successful in his efforts to intro-
duce English settlers on the vacant French farms; largely the
result of his work, many scores of immigrants landed between
1772 and 1776.
The following Yorkshire people sailed from Hull on the 14th
of March, 1774, for Fort Cumberland per Ship Albion:
Nam€
RECORDS OF CHIGNECTO.
Occupation.
41
Asa
'^xmUam Harland
John Conlson
Mary
Jonathan Patison
Nathaniel Smith
Elizabeth "
Nathaniel "
Jolui "
Robert "
Elizabeth "
Rachael "
Mary Veckel
Hannah Veckel
Charles Simpson
Thomas Scurr
Elizabeth "
Thomas "
William "
Charles "
Elizabeth "
Alice
Bryan Kay
Dorothy "
Robert "
Elizabeth "
Hannah "
Sarah "
Ann "
Jane "
Anthony_ Thompson
Ann Atkinson
Ann Skelton
Tf ilKam Kay
Joseph Palister
John Atkinson
Prances "
Charles
Martha
Michael
John "
John Reed
George Reed
Hannah ".
Ann "
John "
Isabella "
George *'
Mary Simi)son
Edward Peckett
Lancelot Chapman
Prances "
Thomas "
Rachael "
Frances "
Martin "
Ann "
X.ancelot "
Hannah "
Mary Harrison
Paul Comforth
Phillis
William "
Mary
Elizabeth "
Mary
Michael Taylor
Ana "
Robert Charlton
J^mSlee
Thomas Harrison
23
20
20
19
52
62
22
18
9
7
22
20
20
22
34
39
9
7
5
3
1
28
42
42
16
14
12
9
7
20
19
18
20
25
45
30
6
4
3
1
26
33
33
9
6
4
1
25
11
49
42
18
14
12
10
8
6
4
17
70
68
34
26
4
1
45
26
17
22
24
Farmer
His Wife
Husbandman
Farmer
His Wife
Children
Children to
Maid Servant
Husbandman
Farmer
His Wife
Children
Farmer
His Wife
His brother
His
Children
Husbandman
Servant
Sailor
Labourer
Labourer
His Wife
&
Children
Husbandman
Farmer
His Wife
&
Children
Servant
Husbandman
Farmer
His Wife
Children
Maid servant
Farmer
His Wife
Farmer
His Wife
&
Children
Husbandman
His Wife
Husbandman
To seek better livelihood
Their rents being raised byfhis land-
lord Iflr. Chapman they have
made a purchase of some land
in North America
"With their parents
To seek for better employment.
The advance of his rents by Francis
Smith Jun. Esq., his landlord,
he is going to purchase land
abroad
To seek for better livelihood
Taylor
To seek for better livelihood.
On account of his rent being raised'by
his landlord Thomas •A.Walker.
To seek a better livelihood.
On account of their rents being saised
by the Duke of Rutland so that
they could not live.
To seek for better livelihood.
42
NOVA SCOTIA HISTORICAL SOCIETY.
Name
Occupation.
As a
George Taylor
Uichael Taylor
Giles Pickett
Mary "
James Pickett
John "
Margaret "
William "
John Savage
Elizabeth "
Anthony "
John Dunning
John Hill
Jane "
Thomas "
Elizabeth "
Mary "
James Handwick
Elizabeth "
Edward Fenwick
Robert Appleton
Joseph Stockdale
Thomas Lumley
Ruth "
Diana "
John "
Thomas Shipley
Elizabeth "
Sarah "
Thomas "
Brian Kay
William Truman
Ann "
William "
John Beys
Sarah Barr
Richard Dobson
WiUiam Pipes
William "
Jonathan "
John Smith
Mary Smith
George Hunter
John Watson
Richard Lowerson
John Johnson
Martha "
WUUam "
Henry Scott
Mary "
Henry "
Catharine "
Charles Blinkey
Sarah Blinkey
Jane "
Mary "
WiUiam Atkinson
William Chapman
Mary "
WUUam "
Thomas "
Jane •'
John "
Mary "
Henry "
Jonathan "
Sarah "
Ann "
Israel Marshall
Henry Hammond
Farmer
25:
23
41
381
16(
7
6
li
401
551
9!
24
26
28His \rife
2
&
Children
Malster
24His Wife
281 Labourer
24 Husbandman
24
Blacksmith
His Wife
Children
of
Giles Pickett
Labourer
His Wife
Son
Farmer
Farmer
His Wife
&
Children
Butcher
His Wife
3 8c
Children
Husbandman
Miller
His Wife
Grocer a Son
Husbandman
Servant
Gentleman
Farmer
Husbandman
His Wife &
Servant
Fanner
Husbandman
Tanner
Child
Husbandman
His Wife
&
Children
Farmer
His Wife
&
Children
Tanner
Farmer
His Wife
Children
Husbandman
Farmer
going with their
Parents.
Going to seek a better livelihood.
On account of his rent being advanced.
Going to seek a better livelihood.
On account of his rent being raised by
Mr. Knowsley his I./andlQrd.
To seek a better livelihood.
On account of their rent being raised
by Durcan Esquire their landlord.
A relation being dead they are going
to settle their affairs.
On account of their rent being ad-
In hopes of making a ptu-chase.
To seek a better livelihood.
On account of his rent being raised
by his landlord Jno. Wilkinson.
To seek a better livelihood. ,
On accotmt of bis rent being raised
by his landlord Lord Cavendish
and all necessaries of life being
so dear.
Rents being so high he goes in hope
I to make a Purchase.
Name
RECORDS OP CHIGNECTO.
Occupation I
43
As a
Marg:aret "
Henry "
Jane "
Margaret "
Trbtram Walker
William Robertson
Alice Dimond
Thomas Wilson
James Wilson
David Bennett
Mary Bennett
Henry Charmiclc
John Thompson
Joseph Thompson
Joshua Gildart
Robert Leming
Robert Leming, Jun.
John Gildart
Eleanor Harrison
Miles Ainson
Mary "
Miles
Thomas "
Mary "
Charles Clarkson
Richard Thompson
William Sinton
Joseph Jacques
Elenor Jacques
Richard Carter
Robert Atkinson
Ann "
Diana Tatum
Ralph SideU
Ann Weldon
Andrew "
Elizabeth "
Thomas "
Ann "
Jacob Blackburn
George Gibson
Thomas Little
Ann "
William Winn
David Winn
Mathew Fenwick
Mary Lowthier
2 71 His Wife
5 &
Children
Husbandman
Servant
Joiner
Farmer
Wife of David Bennett
Chandler
Farmer
Husbandman
Widow
Blacksmith
His Wife
&
Children
Husbandman
Farmer
MiUer
Farmer
His Wife
Farmer
&
Children
Servant
Miller
Tanner
His Wife
Farmer
Servant
To seek a better livelihood.
On account of his rent being raised
I by Mr. Bulmer his landlord.
To seek a better Irvelihood.
On account of the great advance of
rents and in hopes of purchasing.
To seek a better livelihood.
Lord Bruce having raised his rent.
To seek a better livelihood. ^
On account of their rent being raised
To seek a better livelihood.
Going to her husband who is set-
tied abroad.
To seek a better livelihood.
The following Yorkshire people sailed from the same port on
0th April, 1775, on the ship Jeimy for Fort Cumberland,
EMIGRANTS FROM ENGLAND.
Name
Occupation
As a
William Black
4 3| Linen Draiier
Having made a purchase is going
Elizabeth "
36 His Wife
with his family to reside there.
William "
14
"
Richard "
11
a „ «
John "
Thomas "
15
• < « u
9 &
■ < II n
Sarah "
7 ChUdren
II <i ««
Mathew Lodge
20 House Carpenter
IGoinz to seek a better livelihood
Elizabeth Aldfield
25 Servant
II II 11
Jane Hudry
16
II II II
Elizabeth Beaver
30
iHsekeeper to the Gc
rv'nr
II II «
44
NOVA SCOTIA HISTORICAIv SOCIETY.
Name
Occupation
At a
Bridget Sedel
38
Going with her children to her hus-
Mary
7
band.
Francis "
6
Her
" " "
Sarah "
1
Children
<> It 11
Christopher Horsman
27
Farmer
Going to seek a better livelihood.
Robert Colpits
28
"
" <• ••
Christopher Harper
45
"
Having made a iiurchase is going
Elizabeth "
40
His Wife
to reside there.
Hannah "
15
EUzabeth "
14
&
John "
13
Children
Thomas "
12
of
Going with their parents.
Catharine "
7
Charlotte "
6
WUUam "
4
Christopher Harper
Thomas King
21
Blacksmith
Going to purchase or return.
William Johnson
28
Gentleman
" " "
Mary Ixjwry
27
Going over to her husband.
Mary Lowerson
27
<■ <l <c
Thomas Wheatley
53
Farmer
<> « K
William Clark
42
Farmer
Going to jnirchase or return.
Mary "
13
« <4 fl
William "
10
His
<l « 11
Richard "
9
« II II
Rachael "
3
Children
II II 11
John Skelton
38
Servant
Going to seek a better livelihood.
Jane Skelton
30
« II 11
Francis Watson
18
Taylor
II II II
John Bath
23
Servant
II 11 II
William Johnson
4fl
Farmer
Having purchased an Estate is
Margaret "
48
going over with his family
George "
26
Servant Sc Carpenter to
Wm. Johnson
and servants to reside.
WiUiam Johnson
23
Son of Wm. Johnson
" " "
Emanuel "
16
" "
" " "
Joseph "
14
« «
11 II 11
James Hulton
15
Apprentice to "
11 II II
Elizabeth Anderson
36
Going over with her children to
Mary "
9
her husband who is cooper
Jane "
7
to William Johnson.
Moses "
5
Her
" " "
William
4
II 11 11
John "
1
Children
II II 11
Thomas Walton
William Robinson
Elizabeth "
24
19
Husbandman
Going to seek a better livelihood.
Having purchased, is going over
with hb family.
30
Jonathan "
6
Going with their parents.
Francis "
3
of
<■ 11 11
William "
2
William Robinson
II II 11
Thomas Kalin
24
Servt to Wm Robinson
Going with William Robinson.
Patience Fallydown
22
" "
11 11 II
John Robinson
47
Husbandman
To make a purchase or return.
Ann
13
His Daughter
Going with their father.
Jenny "
9
"
11 11 |i>
Mary Parker
40
Going over to her husband.
EUzabeth "
0
Her
he having a farm there.
James "
2
Children
II 11 11
Richard Peck
47
Husbandman
Having made a purchase, is going
Jane "
42
His Wife
with his family to reside.
Mary
20
Going with their parents.
Jane "
17
II 11 II
Helen
15
II II i<
Isaac "
13
11 II 11
Robert
10
11 II <i
Rose "
7
II II "
Richard "
5
11 II 11
Joseph "
2
Children of Rd. Peck
11 11 II
Sarah Fenton
15
Going over to their father.
Mary "
9
II « 11
RECORDS OF CHIGNECTO. 45
Also from Fort of Newcastle 24th April, per Providbncb for Halifax.
NAME
Occupatum
As a
Matheir Hewton 30
Yeoman (sic)
In expectation of better emlpoyment.
Also frobi Port of Poole Ath November, per Squirrel.
Name
Occupation
As a
Abraham Osgood .
Thomas Palmer
Josiah Shackford
Stephen Meads
John Hart
Gideon Crawford
43
49
47
25
25
39
Merchant
Mariner
Going to Halifax and intends to return-
All Masters of Ships on their return
Home having left their ships
in England for sale.
The Eddy War.
On the 24th. of May, 1776, a meeting took place at Maugerville,
N.B., at which a committee was appointed to make application to
the Assembly of Massachusetts Bay "for relief under their present
distressed circumstances".
The committee consistedof Jacob Barker, a J. P., and a ruling
elder of the Congregational church ; Phineas Nevers, Isieal Perley,
Daniel Palmer, Edward Coye, Israel Kinney, Asa Perley, Moses
Pickard, Thomas Hartt, Hugh Quinton, Asa Kimball and Oliver
Perley. One hundred and twenty-five signed resolutions to join
Massachusetts. Nine persons at the mouth of the St. John river
and three others refused, as follows:
William Hazen, Thomas Jenkins, James Simonds, Samuel Pea-
body, John Bradley, James White, William Mackeenell, Zebedee
Ring, Peter Smith, Gervas Lay, Lewis Mitchell, ^Darling,
John Crabtree, John Hendrick, Zebalon Estey, John Tarlee, Jo-
seph Rowland, Thomas Jones and Benjamin Atherton.
The most violent animosity existed between the old settlers
and the new — ^between settlers from New England, who were
naturally imbued with the principles of the declaration of in-
dependence and were in active sympathy with the revolutionists
of Lexington and Concord on the one hand, and on the other hand
46 NOVA SCOTIA HISTORICAI* SOCIETY.
the immigrants from Yorkshire, who, in their steadfast loyalty,
scorned the party of rebels. The latter, in their attempted cap-
ture of Fort Cumberland, occupied the surrounding country suffi-
ciently long to commit many depredations on the loyalist settlers
in which they were aided and abetted by the disaffected inhab-
itants. The position of the newly arrived Yorkshire families at
this date was perilous enough to create grave disquietude. A very
large proportion of the immigrants from the Atlantic States were
open and avowed sympathisers with the war against the moth-
er country. From Cumberland to Onslow and from Falmouth to
Yarmouth they formed an overwhelming majority. When it was
proposed at Halifax to enroll the militia as a measure of defence
against threatened invasion, it was abandoned on account of dis-
affection. Montreal had been captured by the Americans and
Quebec was beseiged. Two hundred Indians had gathered at
Miramichi threatening an incursion into the English settlements.
Halifax, itself, was not fortified and fears were entertained that the
ordnance stores at the dock yard would be destroyed by incendiar-
ies. Moreover it possessed no such body of regulars as could repel
a well organized expedionary force of invasion. Fourteen inhab-
itants of Cumberland were said to have gone to the Continental
Congress with a petition signed by some 600 persons asking for
a force to help capture Fort Cumberland — ^from whence it was
proposed to make a descent on Halifax and wipe out the last vestige
of British authority in old Acadia. So open were the disloyal ele-
ments in their designs and so certain of success that they were ac-
customed to hold their meetings in a tavern within the range of
guns from the Fort Cumberland and every man of prominence
who did not join them was marked.
In Londonderry, Onslow and Truro all except five refused to
take the oath of allegiance. In Kings Co., a liberty pole was cut
and was ready to be hoisted when a company of Rangers arrived.
The rebellious element in Cumberland numbered about 200
people, many of them being persons of means and consequence,
and their assistance to Eddy was of extreme importance in fur-
-f
47
Jso
de.
fax
>hn
ind
ar-
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ace
brt
icen
een
:of
iars
ade
ler.
x)d
udi
nas
tbe
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red
led
Ay
e a
by
roe
res.
ith
46
the
scor
ture
den
in V
itan
this
largi
opei
er a
Yan
prof
agai
aflfec
Que
Mirs
Hali
ordr I
ies.
a wc
itani
Con|
a fo
prop
ofB
men
cust«
guns
who
I
take
and
peoi
and
RECORDS OF CHIGNECTO. 47
thering his projects. He had counted on their support and also
the co-operation of the disaffected element at Cobiquid to carry
the country. The Indians played but a minor part in the episode.
In August, 1775, Charles Baker of Hillsboro reported at Halifax
that the New England rebels had cleared a road from St. John
river to Shepody, to enable a force to march on Fort Cumberland
This news caused some alarm as General Gage had withdrawn near-
ly all the Nova Scotia garrisons to reinforce the English army in
New England.
This news was confirmed in October, 1776, by the intelligence
that a force was being gathered on the frontier to invest Fort
Cumberland and capture Acadia, and steps were at once taken
to provide for its defence. Defensive plans had already been
designed by Michael Franklin. He had been made a member of
the Council in Halifax in 1762, and I^ieu tenant Governor five years
later. He held that position for ten years and was then made
Indian agent, a place requiring diplomatic gifts of a high order.
He had been a prisoner with Indians as a youth and understood
their language and their ways. His personal influence was such
that he was able to enrol a corps of volunteer militia in the Minas
townships 450 strong.
Michael Franklin, while a resident at Windsor, was also propri-
etor of the Franklin Manor, situated on the River Hebert at the
upper end of the Minudie marshes. He had introduced North of
England immigrants into Cumberland and his property was well
tenanted. He, as well as most of the settlers, were plundered
by the invaders.
On November, 1776, Col. Eddy a Cumberland man appeared
before Fort Cumberland with a force of 180 men, recruited chiefly
atMachias and at Maugerville on the St. John River. He made a
couple of night assaults on the Fort, which were repulsed by
Col. Gorehara then in command. The latter' s garrison was a force
of 260 fendbles. Eddy had however made some minor captures.
An outpost at Shepody, he had captured, and a vessel loaded with
48 NOVA SCOTIA HISTORICAL SOCIBTY.
supplies in the creek below the fort he had seized. He made some
forty prisoners, amongst them Parson Eagleson. They were sent
to Boston.
Mayor Dixson, who had already distinguished himself in the af-
fairs of 1755-6, volunteered to carry despatches to Halifax, and he
successfully eluded the watchful eyes of the enemy and reached
there.
Franklin threw a detachment of his militia corps into Fort
Edward, which enabled General Massey, then Commander in Hali-
fax, to send Major Batt with two companies to Fort Cumberland.
On 26th November, the garrison beheld with joy 4 small
vessels sail into the Basin and anchor below the Fort, conveying
Batt's force. On 28th, Batt made a sortie dispersing Eddy's
force and killing two Indians and one white man. Eddy and
his compatriots fled through the woods back to the St. John
River. The lateness of the season, and the cold, together with
loss of equipment, rendered their toils and sufferings almost un-
bearable.
Amongst the prisoners taken on 28th November were Dr.
Parker Clark, James Avery of Cobiquid, Capt. Thomas Falconer,
of Cobiquid, who joined Eddy with a company of 25 men, to
remove the yoke of British tyranny and Richard John Uniacke.
They were taken to Halifax. Avery escaped from jail, Clark and
Falconer were indicted. Uniacke's name appeared in the indict-
ment as a witness, but as he was not present at the trial, it appear-
ed that the Attorney General had adopted this method of pardon-
ing him on account of his youth. The Crown witnesses were,
Xieut. Dixson, William Black and Thomas Robinson. Both
Clark and Falconer were convicted, both pleaded pardon and
their cases were respited. They were probably released, as there
is no further record of them.
Col. John Allen, who was a large land-owner in the
district and a violent sympathizer with the rebellious ele-
RECORDS OP CHIGNECTO. 49
ment, presented a long memorial to the Council Board of Mas-
sachusetts Bay dated February 19th, 1777, stating: "Nothwith-
standing the iron rod of despotism keeping them from having a
share in the glorious revolution, yet they openly avowed their
sentiments during unnatural and cruel war, ***with pain and grief
have they from time to time seen supplies procured in the neigh-
borhood for the use and benefit of the enemy of America *** nothing
could be done without assistance from other parts *** with longing
eyes did wait the expected relief, the last spring when to their
great afifliction heard that Capt. Eddy was come without succor
for them and to aggravate their distress he immediately leaves
the country with his family. ***lt was judged that unless five hun-
dred men could be secured with a good commander and suflSdeut
supplies there would be no probability of success. In this time
Mr. Franklin, late Lieut. Governor of the Province, came to Cum-
berland and ofifered an enUstment for the inhabitants to sign in
which they were to promise with their lives and fortunes to sup-
port the dignity of the Crown. A few of the emigrants signed it,
but the body of inhabitants declared their detestation and abhor-
rence."
"In the beginning of November Capt. Eddy arrived, acquaint-
ing them that he had come by authority of Massachusetts State
to assist them in throwing off the yoke of British tyranny, but
seeing the small number of his men (about 60) told him there was
no probability of success. He told them that as they had supplied
the enemies of the Americans, Congress doubted their integrity.***
If they would now assert their rights publicly against the King's
government, he was come to help them and in fifteen days expected
a reinforcement of a large body of men. Most of the EngUsh and
all of the French capable of bearing arms immediately formed and
joined under Capt. Eddy. After a few days they attempted
to storm the Fort. They began to suspect that they had been
imposed on and that the men who came with Capt. Eddy, were in-
duced to it by expectation of much plunder. The inhabitants
chose a committee and sent an express to your honours for aid.
On 29th November reinforcements to the enemy came. A sally
determined on, the camp was surprised and all fled except one
50 NOVA SCOTIA HISTORICAL SOCIETY.
white man who was killed. The enemy pursued with all exped-
ition for six miles, burning during their pursuit twelve houses and
twelve bams, in which were contained one quarter of the bread of
the country. Capt. Eddy and his men retreated to Sackville, and
from there to the river St. John, leaving signs of devastation and
destruction behind them. Col. Gorham issued a proclamation
offering pardon to those who would come in and lay down their
arms; many were compelled to comply.*** Great numbers of the
inhabitants choosing rather to face difficulty and danger than
submit to the British yoke were forced to leave their habitations,
nearly seventy families of English were left without a man amongst
them, the French Acadians fled to the woods; many outrages
were commited by some who came with Mr. Eddy. "
At the conclusion of peace, Col. Eddy obtained a grant at
Eddington, Maine, where he has many descendants. His farm,
also within the Cumberland township, was escheated with that of
Allans, and also that of Capt. How, second in command to Eddy.
He had previously married Joseph Morses' widow, with whom
he had gained an extensive property.
In 1785 Congress granted the following lands at Eddington
Maine to those who fled from Nova Scotia: —
Jonathan Eddy 1500 acres.
Ebenezer Gardner 1000 acres.
Zebulun Roe 750 acres.
William Maxwell 750 acres.
Robert Foster 550 acres.
Parker Clark 500 acres.
Atwood Fales 450 acres.
Elijah Ayer 400 acres.
Wm. Eddy 350 acres.
Phineas Nevers 1000 acres.
Nathaniel Reynolds 300 acres.
Samuel Rogers 300 acres.
Thomas Forkner 230 acres.
John Day 230 acres.
RBCORDS O? CHIGNECTO^ 51
Anthony Burk 150 acres.
John Eckley 150 acres.
Jonathan Eddy, Jnr., 150 acres.
Wm. Howe 150 acres.
Total 9360 acres.
Elijah Ayer was Quarter-Master of the American troops at
Machias in 1776.
Col. Allen made his home in Massachusetts, where his des-
cendants live.
In 1785, Col. Eddy published the names and residences of
61 men who had fled from Acadia in 1776. He says these were
63 others whose names and addresses he could not find.
Lieut. Wm. Eddy was a Lieut, in the Continental Army.
He was married to Olive daughter of Joseph Morse. He was
killed by a shot from a British frigate in 1778, near Eastport
while in an open boat on his way to Sackville.
Privateering was a branch of industry actively pursued during
the revolutionary war. In May 1782, H. M. S. Atlanta over-
hauled in Bay Fundy an American privateer carrying six guns ^
The crew escaped in three boats to the shore and took to
the woods. The crew consisted of Eddy men, a leader of them
being Rogers, in the invasion of 1776 and for whose apprehension
^100 was offered by the Nova Scotia government.
Uniacke had an adventurous and brilliant career. Moses
Delesdemier a native of the Canton of Geneva, a resident of
North Joggins, Sackville, N. B., and an army contractor, was
in Philadelphia in the year 1774, no doubt on a trading cruise.
Happening to notice a number of immigrants landing on a wharf
from a West Indian vessel, he was attracted by the appearance
of a young man of striking personality. He accosted him and
this led to an acquaintance. The young man was a stripling in
52 NOVA SCOTIA HISTORIC AI. SOCIETY.
age. . had left his home in Ireland to seek his fortune. Deles-
demier invited him to return with him to Sackville. The latter
accepted. From such a slight circumstance, originated not only
a romantic episode but an event that has served in some degree
to mould the history of Nova Scotia. Arriving at Sackville he
proceeded to fall in love with his host's daughter. He was 21
years of age and she was 13. The record states that Richard
John Uniacke and Martha Maria Delesdemier were duly married
on the 3rd of May, 1775. He afterward returned to Ireland,
studied law there, returned to Nova Scotia and in 1783, was elected
a member of the Assembly for Sackville, being first Solicitor-
General and then Attorney-General. Thus was founded a family
that became prominent in Nova Scotia and has contributed
many members to the public services of the country.
Richard John Uniacke after the affair of 1776 returned
to Ireland where he studied law, and in 1781 he was admitted
attorney at law at Halifax.
Another militant Nova Scotian namely, S. G. W. Archibald's
name has been associated with that of Uniacke in connection with
the Eddy troubles in Cumberland. This is a popular arror.
Archibald was not bom until 1776, the year Fort Cumberland was
invested by Col. Eddy. He entered the Legislature of Nova Scotia
in 1806, the year Uniacke retired. That his father was treach-
erously killed in a duel with a British officer in the West
Indies, for disloyal sentiments that he openly declared, has
been a long cherished fiction, that was given some credence by
reason of the distance and the difficulty of communication in those
days. The facts supported by ample evidence are that he was
taken sick at one of the W. I. Islands of a fever and died eleven
days after.
Franklin charged Delesdernier and Samuel Wetherbe with
being hostile to the Crown and they were dismissed from all em-
ployment. Delesdemier in his letters to the government denies
strenuously any disloyalty. Gorham's reports exculpated De-
lesdemier. He was a heavy loser and he never received any
compensation for it.
RECORDS OF CHIGNECTO. 53
Gorham in the proclamation of pardon which he issued ex-
cepted, Jonathan Eddy, Samuel Rogers, William How, John
Allen and Zebulon Rowe; a reward^ of ^200 was offered for the
apprehension of Eddy and ^100 for the latter named.
Parson Eagleson was a stormy petrel of troublesome times.
He was brought up in the Kirk of Scotland and afterwards changed
to the Church of England. One account says he was ordained by"
the Bishop of London, being highly commended by Chief Justice
Belcher and Lt. Governor Franklin and was appointed missionary
for Cumberland in 1770. Another account is that he came from
Quebec to Fort Cumberland as chaplain to a detachmeUt of the
54th in 1765. At the same time there came two young men
named Payzant and their sister. Some years before the Indians
had descended on their father's place at Mahone Bay, killed and
scalped him, set fire to the house and carried these bo)rs and
their mother into captivity. The children were kept at St.
Anne's, now Fredericton, but Mrs. Payzant was seperated from
her children and sent to Quebec, where a daughter was bom.
Through the efforts of the R. C. Bishop, Mrs. Payzant recovered
the possession of her children — and one of the boys became a
dignitary of the R. C. Church. After the reduction of Quebec
the others returned to Nova Scotia.
A tradition is, that Mr. Eagleson lived his last days with a
Siddal family at Wallace. One account of him makes him a bib-
ulous, free and easy clerical. The enmity he provoked shows he
was a staunch loyalist, and the journals of the S. P. G. P., covering
a period from 1772 to 1781 shews the Society had absolute confid-
ence in him. He was taken prisoner by the Eddy party in Nov,
1776, and shipped to Boston, and it was not imtil ten months after
that the Society learned the fact. He was kept a prisoner for
sixteen months when he effected his escape and returned to Cum-
berland, when he found his house had been raided, and his property
dispersed. He wrote in 1778 to the Society lamenting the absence
of any place of pubhc worship, but said he was holding services
in a borrowed mansion, to wit that of Joseph Morse. I^ater, in
54 NOVA SCOTIA HISTORICAl, SOCIETY.
1781, he advised the Society that he had been obliged to leave
Cumberland again for fear of capture, as the rebel boats were in
the Bay. He was then stopping at Windsor, and that up to the
time of his leaving he had officiated at the fort to a considerable
number of people. His ministrations were probably the first
regular Anglican services held at the head of the Bay.
Arrival of Loyalists.
In 1785 the Loyalists received large grants at Cobequid
(Westchester) and Ramshag (Wallace). At Cobequid 31,750
acres were distributed on the 2nd of June among 85 persons
representing 246 men, women and children. The grantees were:
Stephen Seaman, Matthew Dallaway, Ezekiel Seaman, Peter
Rushlin, Jesse Ogden, Thomas Wheaton, Moses Simmonds,
David Pugsley, Israel Parker, John Glieson, Henry Piers, James
Ackel, James Morris, Charles Jennings, Wright Weeks, William
Lopree, Johnathan Palmer, John Mayby, Joseph Sears, Jeremiah
Seaman, John Crawford, Joseph Purdy, David Mills, Joseph
Peime, Daniel Dickerson, Shubad Lewis, Stephen Purdy, William
Coon, Charles Vincent, Jesse Schofield, Josiah Baker, James
Mead, Samuel Bishop, John Williams, Samuel Wood, John Sher-
wood, James Chasse, Nathaniel Hodge, John Ogden, Lieut,
Samuel Embree, Zacchriah Snieder, Joshua Horton, John Wilson,
Jeremiah Rushtin, Lieut. Abraham Covert, Henry Stultz, Henry
Gray, Simon Outhouse, Robert Purdy, Peter Maby, Lieut. Gilbert
Haveland, Jabez Rundle, John Rushtin, Sr.; Martin Creary,
Jonathan Snider, Nathan Golding, Obadiah Simpson, Aaron
Fountain, Henry Frenchard, John Baxter, Nathaniel Purdy,
David Ackley, Joseph Embree, Jr.; John Hunter, John Rimiss,
James Miller, James Lounsbury, Henry Purdy, Elijah Smith,
Jonathan Warden, Daniel Holmes, James Austen, John Austen,
Samuel Horton, Caleb Griffin, Amos Fowler, John Myers, John
Brisbane, Capt. Gideon Palmer, Nathaniel Ackley and Benjamia
Chamberlain.
RECORDS OF CHIGNECTO. 55
^'.|The Ramsheg Grant of 20,300 acres was made on the 16th
June, 1785, to the following 106 grantees ; Isaac Ackerly, jr. ,
Alexander Piers, Joseph Barles, Joel Edget, John Hunt, Sybal
Beardsley, Samuel Neills, James Totten, jr., Joseph Tidd, Samuel
Halstead, James Brisbane, Lank Steves, Capt. Gilbert Totten,
Samuel Cornell, Obediah Ackerley, Nathaiel Wyatt, James Derry.
Reuben Mills, Isaac Tidd, Thomas Jenkins, Oliver Smith, Capt,
Frederick Williams, Zinns Golding, Nathaniel Niles, John Edgett,
Daniel Tidd, Job Bryant, Samuel Holliday, Joshua Ferris, Gil-
bert Purdy, John Derry, WilUam Williams, Samuel Holmes,
Capt, Moses Knapp, Daniel Dunn, John Rushtin, jr., Lockwood
Baxter, John Robblee, John Baker, Thos. Hasteed, John Stephens,
Michael Lloyd, Robert Hatch, Jonathan Fowler, Ensign Augustus
Baxter, John Brown, Jeremiah Merritt, Frederick Philips, Samuel
Haveland, Jos. Piers, William Foster, Solomon Horton, Capt.
Barnes Hatfield, Daniel Totten, John Tidd, Ensign Ephraim Piers,
James Totten, Isaac Ackely, jr.; William Budd, James Totten,
sr., Oliver Ackeley, Peter Winne, Angus McFen, Capt. Samuel
Kipp, Samuel Williams, Gabriel Purdy, Zekel Piers, John An-
gevine, John Jacobs, John Chatterton, Mencus Myers, James
Tidd, Absolom Smith, Jacob Veal, John Lusargee, Samuel Horton,
Thomas Cornell, John Ganong, Frederick Baxter, James Huson,
Joshua Brundige, Moses Tidd, Ebenezer Brown, Paul Carpus
Schofl&eld, John Totten, John Parre, John Lowe, Josiah Fowler,
John Piers, John Edmunds, Noah Webb, Andrew Fosner, John
Pugsley, Jesse Schoffield, Daniel Pugsley, Nathaniel Hoeg, James
Chase, Daniel Piers, James Golding, James Knipp, Jeremiah
Newman, James Tellet, Jesse Mills.
First Provincial Parliament Assembled.
In 1758, when the Nova Scotia Assembly was first called,
the province not being divided into counties, the first mem-
bers were elected somewhat promiscuously from the inhabi-
tants pursuant to a summons from the provost marshal. A
settlement of 25 qualified electors was entitled to send a
member, but a Cumberland name does not appear amongst the
56 NOVA SCOTIA HISTORICAL SOCIETY.
nineteen members elected. When the next Assembly met,
(1759), the province had been divided into five counties, and
the township of Cumberland had two members and the county
two. Messrs. Winkworth Tonge, Joseph Frye and John
Huston — all connected with the military establishment at the
Fort, — were returned as elected . In 1765 the Township was re-
presented by Josiah Troop and the county by Benoni Danks and
Gam. Smeethurst.
In the "Long Parliament" from 1770 to 1784 Jonathan
!Eddy represented the Township, and John Huston and Joshua
Winslow the county.
In 1774 Jotham Gay succeeded Winslow who had left Chignecto.
In 1775, William Scurr succeeded Huston and John Allan
took the place of Eddy.
The seat of Allan, Scurr and Rodgers, were declared vacant
for non-attendance.
In 1777 Thomas Dixson is associated with Gay as membe*"
and H. D. King as member for the township.
In 1783 Richard John Uniacke was elected for the township of
Sackville. New Brunswick was set off as a separate province in
1784. A general election took place in 1785, when John Butler
Dight (of Commissary Dept.) and Christopher Harper, were
elected for the County and for Amherst, William Freeman. The
former being absentees in 1786 their places were taken by Phillip
Marchiston and Charles Hill.
Dight was nephew of the Hon. Joseph Butler; he inherited his
estate and assumed his name ; he was the father of the late Col.
Butler of Windsor. Marchiston was a New York merchant
who removed to Halifax and finally retired to Comwallis, where
he died. He was grandfather of Major Welsford, of Sebast-
pool fame. In the general election of 1793 William Freeman
and Samuel Hmbree were elected for the county, and Thomas
I/Usby from the township.
RECORDS OF CHIGNECTO. 57
In 1799 Thomas Roach and George Oxley were elected for the
county and Thomas Lusby for the township.
In 1806 Mr. Roach was re-elected, with Henry Purdy for the
County, and Edward Baker for the township.
In 1812 the same were re-elected. In 1820 Mr. Purdy was
succeeded by Richard Blair, the owner of the Franklin Manor.
Mr. Blair returned to England in 1825 and resigned his seat.
In 1818 Mr. Baker was succeeded by Hon. James Shannon
Morse who held sat 1836. From 1826 to 1836 the county was
represented by Qudge) Alexander Stewart and Joseph Oxley.
Engwsh Settlers in Cumberland.
The township of Cumberland being first settled about two
hundred and fifty years ago there have been many grants, changes
of ownership and changes of population. The grants since the
Acadian deportation only are dealt with.
A grant was made of 34,500 acres on 27th, November, 1763,
addressed to John Huston, Joshua Winslow and William Allan,
Esquires, Abiel Richardson, Elijah Ayer Josiah Throop and Joseph
Morse, Committee of the Township of Cumberland ratifying a
former grant signed by M. Wilmot, Governor of Nova Scotia, and
R. Bulkeley as Secretary for the following grantees:
Joseph Morse Wand. Eager
Elijah Ayer Arch. Hinehelwood
Jos. Throop Gideon Gardner
John Hiiston Samuel Danks
Jofiiah Winslow Thos. Dixson
Jesse Bent Zeb. Roe
Gam. Smethurst .John King
Sen. Martyn Hez. King
James Law John Bent
Abiel Richardson . Jona Cole
Sara Jones Eben Gardner
Wm. Best, Jim. Jona Eddy
Oba. Ayer Wm. Huston
Wm. Nesbit Alex. Huston
Wm. How Samuel Chester
58 NOVA SCOTIA HISTORICAIv SOCIETY.
Thos. Proctor Dan'l. Earle
Brook Watson Robert Watson
Wm. Allan, Sr. Anthony Burk
Wm. Allan Jr. John Philman
Jotham Gay Wm. Southard
Mar'n Peck Samuel Raymond
John Walker ' Neh. Ward
3>anl. Gooden John Collins
Hen. McDonald Jos. Ayer
Eben Storer John Clews
Thos. Fulton Wm. Milbum
Benouni Danks Abiel Richardson, Jun.
Samuel Gay Geo. Allan
John Allan Wink. Allan
Assel Danks Jebez Chappell
Isaac Danks LiflFey Chappell
Charles Oulton The 1st Minister
Daniel Barnum The Glebe
Eb'r Barnum The School
This grant was enclosed between the Au Lac and LaPlanche
Rivers on the one bay and the rivers GaspereauxandTidnish on
the other Bay. Each right consisted of 500 acres. The quit rent
was one shilling per each 50 acres which, if not paid for three
years and no distress found the grant is void. One third had
to be cultivated or forfeited in ten years, another third in 20
years and the balance in 30 years; also plant two arces of hemp
and settle in one year. No rights could be alienated in within
ten years without consent of governor. This permission was to
secure Protestant settlers. Each right had to be occupied within
a year after the grantee with proper stock, implements, &c.
A grant was issued of 15,750 acres on 17th September, 1764,
signed by Montague Wilmot, Governor, and Richard BuUceley ad-
dressed to Joshua Winslow, and William Allan, Esquires, AWel
Richardson, Elijah Ayre, Josiah Throop and Joseph Morse, Com-
mittee of the Township of Cumberland. The grant recites that a
former grant was insufficient to secure the properties. The names
of the grantees were : Thomas Throop, Benoni Danks, Samuel
Weatherbe, Thomas Hunt, Samuel Smith, Thomas Maul, Atwood
Vails, Moses Pierce, John Spring, William Bearisto, Enoch Gooding,
Theoph. Fitch, Caleb Eady, Wm. Maxwell, Mariner Maxwell, Caleb
Sherman, Jesse Converse, Timothy Davis, Joshua Tufts, William
RECORDS OF CHIGNECTO. 59
Cooley, John Sampson, Samuel Weatherbe, Nat Sheldon, Simon
Newcombe, Sr. Mark Patton, Jos, Bumham, Moses Barnes, Alex.
Mills, Wm. Maxwell, John Brown, Simon Newcx)mb, Samuel Danks,
Asel Danks, Godfrey Richardson and John Eady.
An ofl&ce for the registry of land titles was opened at Fort
Cumberland in February, 1764. It was probably the third one
in the Maritime Provinces, those at Port Royal and Halifax
ante dating it, the latter fifteen years. During the first five
years the transfers related to lands in Sackville and Cumberland —
now the parish of Westmorland. The first transfer relating to
lands in the present town of Amherst or present County of Cum-
berland, did not take place till 22nd day of August, 1768, when
Ebenezer Fitch, who is styled "Captain of the town," exchanges
lot 64 for lot 65 with Simon Fitch.
The first deed registered was on 10th Febraury, 1764, when
Mark Patton sold to John Huston, 6 acres at Green Hill for £J. 5. 0.
The second deed, dated 8th February, 1764, transferred 30 acres
of land on the Missiquash belonging to Abial Richardson to Benoni
Danks for ;£30. The third and fourth deeds related to ex-
changes of lands between Abial Richardson and John Brown.
The fifth deed was for 5 acres at Green Hill sold by William
Milbum to Abial Richardson for ;^5. The Glebe land 500 acres
was conveyed by Wm. Allan, Benoni Danks and Thomas Dixson
to Rev. Caleb Gannet on 10th Aprit 1769.
At this time two members of the Gooden family now so num-
erous appear on the records. On 10th February, 1764, Enoch
Gooden conveyed to Benoni Danks one acre in the town plot
for ^1. On 12th February, 1767, Daniel Gooden, conveyed to
William Allen, Attorney of Martin Gay of Boston lot 27 B and
20 acres of Marsh for ^40. In 1764, 22 deeds were registered;
in 1765, 24 deeds.
When New Brunswick was erected into a Province in 1784,
a registry office was started in Cumberland County. When the
population of Cumberland — Isthmus — ^was estimated at 900
60 NOVA SCOTIA HISTORICAL SOCIETY.
and at Patridge Island 700. Up to this date 18,000 loyalists
had arrived in Nova Scotia.
Township of Amherst.
Before the re-christening of Amherst after Lord Amherst in
1759, it was called by the French "Les Planches. ' ' A small settle-
ment of Acadians lived there ; their dwellings were burned at the
time La Loutre destroyed Beau Bassin (Fort Lawrence).
A trail made across the marsh from Fort Lawrence, turning
west at the upland and skirting it, led towards Amherst Point and
Nappan. While its name is placed on the old maps, none of the old
literature available mentions it. It therefore commences its his-
torical existence when under English occupation it was laid off
with other townships in Acadia and grants made. Grants were
issued as follows: John Jackson, 800 acres, 4th of January, 1764
John Jackson, 1000 acres, 19th January 1764; Alex. Legrier, 500
acres, 10th August, 1764; Hugh Goddard, 1000 acres, 21st October,
1764; Nicholas Cox, 1000 acres, 24th November, 1764, John Saun-
ders, et al, 26,750 acres, 30th October, 1765.
The inhabitants of the Isthmus in 1767 were
Males Females Irish Americans Acadians
Amherst
68
57
85
29
4
Cumberland
190
144
28
269
Monckton
34
26
4
7
(49 Germans
Sackville
181
168
5
343
English and Scotch in these settlements numbered less than 40.
In May 1765 is met the name of Joseph Frederick Wallet
De Barres as a victim of land lust. He with others obtained a
gmnt of 8000 acres of land at Minudie on which returned Acadians
squatted. He sought to eject them and this produced in after
years much litigation. The bulk of the property was afterwards
purchased by Amos Seaman known locally for many years as
' ' King Seaman. " In August 1765 Des Barres obtained a grant of
RECORDS OF CHIGNECTO. 61
20,000 acres at Tatamagouche. Des Barres was a Colonel in the
English Army and also Colonial Governor. His varied experiences
made his life a picturesque and stirring one. His sevrices to the
Crown were many and important; few of the colonial worthies of
that day are more deserving to have their names perpetuated.
Governor Frankhn was also aff Ucted with the same land disease ; he
obtained a grant of 20,000 acres adjoining Des Barres at River
Hebert, called the Franklin Manor. The Saunders grant, signed
by Governor Montague Wilmot, was registered on the 9th of July,
1772, the grantees names were as follows: John Saunders, Joseph
Coghran, Thomas Coghran, John Stuart, David Forrest, Matthew
Crawford, Thomas Jnee, James Henry John Grace, John Croghan,
Matthew Dickey, Patrick Porter, James Law, John Clark, John
Campbell, Francis Campbell, John Vance, Richard Webber,
Nicholas Head, Robert Berry, Matthew Sharpe, Robert McGowan,
Samuel Creelman, Robert Martin, William Martin, Jael Smith,
WilUam Zelory Tufts, Nathaniel Reynolds, James Roberts, George
McNutt, John Simpson, Jonathan Davidson, James Fulton, Elishah
Freeman, Francis Freeman, Francis Sheen, Alex. Huston, Ebenezer
Fitch, Simon Fiteh, Mark Patton, Jr., James Coghran, William
Nesbit, a Ministers Lot, a Glebe lot, a share or lot for schoolmaster.
Each share contained 500 acres. The Saunders grant did not cov-
er the lots along Victoria street, but occupied the ridge towards the
Nappan River. A grant was made to Peter Campbell, et al, of
5,500 acres on 11th January, 1768. His co-grantees were Elisha
Blackman, Jonathan Baker, Samuel Baker, Antrobus Shaw,
John Star, and William Freeman.
On March 1774, the ship "Two Friends" sailed from Hull for Halifax
mth immigrants from Yorkshire. The following are some of the names:
John Smith
Mary Smith
John Smith
George Smith
William Smith
Robert Fawceit
Samuel Pickering
Frances Layton
Elizabeth Layton
Frances Layton
29
Farmer.
25
4
2
1
1
30
Sailcloth Maker
23
Farmer
29
Blacksmith
26
1
Child
62
NOVA SCOTIA HISTORICAL SOCIETY.
■John Layton
22
Husbandman
Richard Peck
46
Farmer
Waiiam Hodgson
22
Husbandman
John Wilson
4G
Farmer
William Ward
24
Farmer
-Elizabeth Ward
22
Robert Appleby
21
Husbandman.
Elizabeth Wrightson
20
Servant.
John Sedgewick
39
Farmer.
Thomas Harwood
34
Farmer
Armstead Fielding
42
Farmer.
Ehzabeth Fielding
40
Farmer
John Fielding
15
William Fielding
14
Nicholas Fielding
12
Hannah Fielidng
8
Esther Fielding
5
Joseph Fielding
2
William Blenkhom
33
Farmer
Ann Blenkhom
29
William Blenkhom
7
John Blenkhom
4
Ann Blenkhom
2
Eleanor Blenkhom
1
Abraham Mason
43
Husbandman.
Richard Thompson
30
Husbandman.
John Bulmer
45
Farmer.
Jean Bulmer
46
James Bulmer
20
George Bulmer
14
Joseph Bulmer
10
Ann Buisee
60
Shop Keeper
Richard Bowser
29
Farmer.
Ann Buisee
26
Servant.
Christopher Harper
40
Farmer.
Thomas Harrison
28
Husbandman.
John Wry
23
Weaver.
Pickering Snodon
22
Weaver.
John Fawceit
29
Farmer.
Jane Fawceit
28
Mary Fawceit
4
The letter below from James Metcalf to his^ intended -wife
throws a side light in the conditions of life in Cumberland in
1772. The letter, though rude in form .exhibits a man of strong
puropose and high character. It was two years reaching Ann
Gill. She arrived at Fort Cumberland in 1774 and despatched
a messager to Mr. Metcalf, who awakened him at 2 o'clock in the
morning with news. He started at once with a led horse for
the Fort where he. met her. They were married at Fort Law-
rence that day. They left two daughters, one of whom married
RECORDS OF CHIGNECTO. 63
Wm. Sharpe and the other Charles Atkinson. Amos (King)
Seaman married a daughter of the latter.
August, 1772.
My Dear: This comes to let you know that I am in good helth as these
Lines I hope I shall find you, wee are meany Leagues part but Distance or
lenth of time since we parted hath not made mee to forgit you, I have got
207 acers of land 33 acers of clear land very good land a good part of it will
bee easly cleared, because it hath been formerly cut by the French, I and other
two have 45 acers more for 5 years, and orchard that grows plenty of appels
we desire to plow ye 45 acers and to sow it with wheat and other grane it is
a pleasant and will be a frutefull place with cultivation I need not say much
of my place nor of the countery by this letter for I have described it in the
other letter to my master only one thing I would tell you and that is a little
flye caled a misketo that is troublesome in somer time and bites like a midge
but I am told by the people that came to the place 8 or 9 years since that
there is becom much fewer of them it is oweing to ye want of inhabitance and
cattel to eat up the gras this is the only thing I have to say against the Coim-
try and now I put you to your promis that you promisd mee saying I will
surely come to you and my Dear I shall be very glad to see you fulfill your
eromise to mee and I will fulfill mine to you if you come I will be a kind Hus-
and to you and will take you before aney other for I must marry for I can-
not live well as I am, and as to your passage you need not bee affraide nor to
let your thoughts to trouble you or to think how shall I imdertake such a
Journey only try come and be not affraid I sopose that you will have plenty
from Yorkshire to acompaney you O would I wear in the place of these lines
and that I might be your companion but that must not be I have great besi-
ness to do and cattle to look after so I cannot I can only pray to our God to
protect and be your soport and guide when I was at sea I was sick but 2 half
days half a day ye day that we imbarked and again sometime after when the
sea was very Ruff and we all had a very good passage and were very helthfull.
The peopel here are of different persusaions in religion they are mostly
prisbyterians and Baptists ye church of England are fewer that either I believe
that if one of our methodist preachers wear here he would be gladly received
by people of all persusaions they are very strict in regard to ye Lords day
and consious of family dutys but as to the mane thing in religion would it
were more known among all people I trust that religeon in its purity wiU be
preached here also people here are natumlly kind one to another even the
Indians when a countryman comes to their wigwams are if they have aney
meat at all they give him some. Spinning wheels are very dear here for
they are twenty shilings a peece English money pay for more then in England
Ye Guney pays for thre and twenty and fower pence but all ye money m ye
place is not English, there is dollar that is 58 the pisterence that goes for a
shUing every countrys money goes if peopel know its worth, all linen cloth
and woolen cloth is very dear hear but they almost all grow thir own line and
dres it themselves and the French and New England peopel, the women are
mostly weavers and work their own both linen and wolen if you come pray
be so good as to bring about a bushel of wheat if you can of 4 different kinds
for seed let yellow Kent be one and Hampshire brown another for it will be of
great servis hear be careful! to keep it from salt water you may if you please
lay it like a pillow in your bed or m aney place where ye salt water does not
come, provide a little tea or something that is nourishing provided you should
be sea sick, I should be glad to see my master Wilkison hear but altho ye coun-
64 NOVA SCOTIA HISTORICAIv SOCIETY.
trys good I would not advise hini to come lest things should not do well so I
might be blamed but if he should I think he might do well hear, is nothiag
but the misketos that is trobelsome and they are bad to that they make a
smoke at ye door sometimes in the evening to keep them out of their houses
they are more troubelsom then you may imagin but as I said before it is for
want of the Gras being mowed or eaten or bmnt.
This is ye only thing that I have to say against the place all things I
think will be made up when inhabitance comes and trade increases if you
come be not discoriged by aney thing in ye country for it is .good if you come
you will sail up to Fort Cumberland and when you are there write a line or
two to me and send it to me to Maccan River by aney man and I will pay
him and come for you but as soon as you receive my letter let me know your
mind by letter and I will be as good as my word, the passage is paid at Liver-
pool before you go on bord but if you should not be abel to pay make friends
to some that come and I will pay write to James Shanks at Liverpool about it.
I must conclude for this time may ye Lord bles you and conduct you safe
hither from
JAMES METCALF.
If you write to mee you must derect to me at Maccan near Fort Cumber-
land to ye care of Govener Franklin at Halifax Nova Scotia, (directed to Miss)
Mrs. Ann Gill
with Mr. Thomas Wilkinson
Martin Lordship near Ganongwould in Yorkshire, England.
Amongst the Loyalists were three brothers by the name of
Purdy. Gabriel settled at Westchester, Gilbert at Malagash and
Henry at Fort Lawrence. The Late Amos Purdy, M. P. P., of
Amherst descended from the first. Henry died in 1826; he also
had been a member of the Assembly, Colonel of Militia and a
Judge of Common Pleas.
English Settlers in Sackville.
1758, on 12th October, a proclamation was adopted in cotrndl
in Halifax offering the vacant lands to settlers, which "consist of
one hundred thousand acres of intervals plough lands, cultivated
for more than 100 years and never fail of crops nor need manuring-
also a hundred thousand acres cleared and stocked with English
grass, planted with orchards, vineyards, &c. All these are situa-
ted about the Bay of Fundy upon rivers navigable for ships of
burden."
The first actual settlement in Sackville after the deporta-
tion of the French may be placed at 1761 — six years after their
deportation and two years after the fall of Quebec. The invita-
RECORDS OP CHIGNECTO.
65
tions extended in the above proclamations met with a ready
response and a movement took place in Rhode Island to send a
contingent there.
Some twenty-five families settled there that summer and others
came to seek locations and erect habitations to bring their families
the next following spring. No record of their names is known to
have been preserved, but in the Archives at Halifax there is a
"hst of subscribers for the township lying on the Tantramar river,
represented by Benjamin Thurber, Cyprian Sterry and Edward
Jinks from Providence in Rhodisland." It is not dated but it
probably belongs to the year 1760 or 1761. The names attached
are as follows:
"The hst of the Subscribers for the Township lying on Tantra-
mar River, represented by Benjamin Thurber, C)rprian Sterry
and Edmund Jinks, from Providence in Rhode Island.' '
Jos. Olaey
John Jenckes
Solo. Wheat
Ben j 'in Thurber
Cyprian Steny
Edinund Jenckes
David Bun-
Jos. Tower
Seth Luther
Jno. Young
Sam Thurber
Jacob Whitman
Edmund Tripp
David Waters
William Sheldon
Dan'l Wear
Rich'd Brown
Valintine Esterbrooks
Qiarles Olney
Jona. Allen
Peter Randal
John Tripp
Nath. Day
John Malavery
Thos. Field
Thos. Bowen
Jona. Jenckes
Step. Jenckes
James Olney
Wm* Brown
Sam'l Lethredge
Gershom Holden
Sam'l Currey
John Foster
Sam'l Clark
Nathan Case
Eben'r Robins
Wm. Clark
Jona. Olney
Wm. Ford
Sam'l Wetherby
Step. Angel •
Peleg Williams
Noah Whitman
Nath. Bucklin
Noah Mason
Robert Sterrj'
The above mentioned names for one share and a half.
66
NOVA SCOTIA HISTORICAI, SOCIETY.
47
23 1-2
70 1-2
Sam'l Briggs
James Young
Ichabod CXimstock
Morris Hern
Jos. Burden
Ezra Heyley
Obediah Sprague
Edward Tnurber
John Olney
William Olney, jr
Daniel Thurber
Daniel Gaboon
Chas. Symons
Benj. Gorman
John Rowland
Nathan Jenckes
David Tift
Jos. Brown
Gideon Smith
Jos. Hawkins
Sarah Cottle
Isaac Cole
Obediah King
Thos. Woodward
Rob't. Foster
Jer. Brownel
Nath'l Finney
John Dexter
Steph. Carpenter
Levi Potter
Nedebiah Angel
John Brown
James Foster
Elisha Hopkins
Wm. Walcot
David Alverson
Rob't Potter
Dan'l Wilcocks
John WuUin
Rob't Woodward
Peter Bateman
Sam'l Toogood
Jos. Olney, jr
Wm. Whipple
Nathan Sterry
Samuel Mott
David Wilbur
Oliver Casey
Elisha Smith
Nathan Case, jr
Charles Angd
Joe. Taylor
Oliver Man
Moses Man
W. Whipple, jr
Wm. Phillips
Benj. Robinson
Jona. Pike
George Wear
Edward Giles
John Smith
Gilbert Semons
Woodbery Morris
John Wiever
Nehemiah Sweet
Stephen Goodspeed
Abraham Olney
James Musey
Jeremiah Dexter
William Jenckes
Henry Finch ,
Sam'l Shearman
Wm. Olney
John Olney, jr
James Olhey
Francis Swan, of Massachus's
Coggshal Olney
John Power
Aaron Mason
Nathan "Jenckes
Freelove Tucker
Benja. Cousins
Rowland Sprague
Nathan Giles
Benja. Medberry
Nathaniel Woodward
Zeph'r Woodward
James Jenckes
William Emerson
Chas. Spaulding
John Downer
Nath'l Packer
Thos. Sterry
Amasa Kilbum
James Day of Massachusetts
Asa Foster "
John Peabody "
Peter Parker "
Isaac Blunt "
Caleb Swan "
Daniel Ingels "
John Wilson "
Nath'l Brown "
Abiel Fry "
Simon Fry "
Bemsley Stevens "
Robert Davis "
Jer. Dexter (erased)
RECORDS OP CHIGNECTO. 67
Some of these names, as Tower, Young, Estabrooks, Jinks,
Foster, Curry, Bateman, Cahoun, Brown, Smith, Cole, King,
Finney, Carpenter, Briggs, Sprague, Robinson, Seaman, Power,
Tucker, Parker, Emerson, Davis, etc., represent well known
families in the community. Many of the others probably never
came to the country at all and others not satisfied with the
prospect returned again to the other colonies.
The first town meeting or meeting of the committee for Sack-
ville township took place on 20th July, 1762. It was held at the
house of Mrs. Charity Bishop, who kept an inn at Cumberland.
Ttiere were present Capt. John Huston, Doctor John Jencks,
Joshua Sprague, Valentine Estabrooks, William Maxwell and
Joshua Winslow, Capt. Huston was made chairman and Ichabod
Comstock, clerk.
The conditions and locations of the proposed new grant of
Sackville were of the first interest to the newly arrived settlers
and the proceedings were largely taken up with settling such
matters. It was resolved that a family of six, and seven head of
cattle should have one and a half shares or 750 acres.
At the next meeting held on 31st August, Mr. Elijah Ayer's
name appears as a committeeman.
In 1763, Sackville's inhabitants consisted of 20 families only,
and only 200 acres of upland had then been cleared. They had
12,000 acres of marsh land. At the same time Cumberland,
(now the parish of Westmorland) possessed 35 families who owned
600 acres of cleared land and 18,800 acres of marsh land.
At a town meeting held on 18th April, 1770, Robert Scott was
appointed moderator and Robert Foster clerk. They with John
Thomas were appointed a committee to settle with the old com-
mittee for the survey of the lands.
The first actual grant at Sackville appears to have been made
on 12th October, 1765. Previous to that date, settlers had no
title to lands they occupied beyond orders-in-coundl, issued at
68 NOVA SCOTIA HISTORICAL SOCIETY.
Halifax and which the grant confirmed. This grant was for 36,-
250 acres. The consideration was a quit rent of one shilling
sterling for ten years for every fifty acres. If no rent be paid for
three years and no distress be found, or if the grauters sell the same
within ten years the grant is void.
The township was to consist of 100,000 acres. It was divided
into three sections, known as letters A B and C. I^etter B divi-
sion, embraced the district between Foundry St. and Morice's
mill pond. "A" district was south of Foundry St.; "C" north ,
Morice's mill Pond. There were home lots for actual settlers
who had wood lots and marsh lots bearing corresponding numbers.
The wood lots were not then nor until many years after con-
sidered of any commercial value and when their owners left the
country and abandoned them or when changes of title took
place and the new owners took no interest or charge of them the
ownership of many became obscured. When the timber on them
commenced to be valuable, there suddenly grew up a small class
of land jumpers, who ran out vacant lots and exercised acts of
ownership. These acts led to a great deal of litigation and, for
many years the Supreme Court was kept more or less busy over
"Sackville rights."
Many of the original grants of lots were voided for want of
settlement and other grants issued over the same lands. The
names of the original grantees and members of lots held by each
is as follows:
Letter A. Wm. Jinks
Charles Hawkins
Joshua Sprague Josiah Hawkins
Nathan Mason Superam Killam
Joseph Winsor Levis Eddy
James Olvay Deborah Eddy
Elijah Spragiie Nathal. Mason
William Sprague Nathal. Mason, jr
James Sprague Isaiah Mason
Isaac Cole Jno. Day
Letter B. Benj. Mason
Amasa Killam Natel. Lewis
Daniel Hawkins Charles Seamans
RBCORDS OF CHIGNBCTO. 69
Letter C. Benjamin Mason
Phmias Potter Michael Cushon
Thomas Lewis Samuel Emmerson
James Estabrooks David Alvason
Nathel. Jacobs Eben'r Salisbury
Jacob Whitmond Israel Thornton
Jno. Thomas Eben'r Salisbury jr
Val'tine Estabrooks Jabish Salisbury
Josiah Tingley Richard Salisbury
Benj. Emerson Reuben Salisbury
Eph'rm Emerson Enemer Olvay
Isaiah Horton Eleazer Martin
Daniel Eddy Samuel Lewis
Samson Mason John Thomas, jr
Matthew Mason Nicholas Thomas
Gideon Smith John Manley
Stephen Smith Elijah Ayer, jr
Gideon Smith, jr Henry Glin
Benijah Lewis Joseph Emerson
Jonathan Ward. Seth Hervey
John Wood
Oliver Mason Alex'r Huston
Robert Williams David Latimer
Aael Carpenter Thomas Hunt
John Eddy
Most of these are said to have represented actual settlers at
the time, but when the war of Independence broke out sixteen
years later, many of these settlers returned to United States.
Some of them joined Col. Eddy in his attack on Fort Cumberland
and fled to Machias at his defeat. For these and other reasons
this grant seems to have been superseded by other and later grants
over the same lands.
In 1767, Sackville had already made considerable progress.
A return made by lyieut. Governor Franklin, embracing a census
of the 30 townships into which the Province was then divided,
shows Sackville had then a population of 349 persons, 343 of whom
were Americans. It possessed also the following: —
Horses ...... 48
Oxen 133
Cows 250
Head young cattle ' . 347
Swine 63
Grist Mills 1
Saw Mills 1
70 NOVA SCOTIA HISTORICAL SOCIBTY.
Produce in 1766—
Wheat, bus.— ........ 1035
Rye, bus 1278
Pease, bus 53
Barley, bus 55
Oats, bus 34
Hemp seed .... 10|
Flax seed 53
Flax 9
Bora during the year 26
Died 6
At this time the township of Amherst had a population of 125,
and the township of Cumberland 325; Hopewell (all Albert
County) 159; Monckton60.
Another grant dated January 30th, 1773, is signed by I/)rd
William Campbell, styled Captain General and Governor in Chief
in Acadia. By this document 51 shares or rights of 500 acres
each are granted. It is recited that the township consisted of
200 rights, being in all 100,000 acres. The grantees with th«
numbers of their lots are as follows.
Lettbe a Division. Letter B.
Benoni Williams
Samuel Bellew Timothy Williams
Joseph Brown Jesse Jenks
Nicholas Cook Joseph Cook
John Jinks Nicholas Cook
Samuel Cuny Jesse Cook
Beajamia Harper Joseph Bennett
Gilbert Seamans Comer Smith
Joseph Owens John Hawkins
John Thurber Richard Cumberland
George Shearman Paul Ferdinand Delesdernier
Japhet Alverson Moses John Fred Delesdernier
Jeremiah Alverson Michael Joseph Delesdernier
William Alverson Samuel Hicks
Charles Olney Josiah Hicks
John Jenks William Lawrence
Samuel Gurry Nethan Seamans
Benjamin Thurber Jaremiah Brownell
Samuel Saimders George Sherman
John Bams Joshua Sherman
Nicholas Cook Benjamin Tower
ThomaaBarns Joseph Tower
RECORDS OF CHIGNECTO. 71
Ambrose Hicks Robert Lattimore
Samuel Eddy Joseph Tower
John Eddy Benjamin Tower
AJbraham Olney Job Seamans
Letter c. Eliphalet Read
Nathan Seamans Jonathan Jinks
Reuben Lattimore Samuel Hicks
Samuel Lattimore William Tower
The terms of this grant were a quit rent of one shilling for
every 50 acres granted payable every Michaelmas, the grant to be
void in case no payment be made for three years and no distress
be found on the premises; also the grantees bound themselves
to cultivate or enclose one third in a year, one in eleven years
and one third in twenty one years; also each grantee is to plant
annually two acres in hemp ; also actual settlement shall be made
before the last day of January 1775, or the grant is void.
The next grant is dated 22nd day of July, 1774, and signed by
Frances Legge, Captain General, &c., and is for 24^ shares or rights,
comprising 12,250 acres as follows. —
Lettee B Division. Edward Cole
Heirs of Thomas Barnes, Lot No. IS.Ambrose Cole
Wm. Maxwell Samuel Jones
CogshoU Olney Joseph Roods' Heirs
Abial Peck Gideon Young
PelegWiUiams Simon Rood
Joseph Owen Joh Archer
Gideon Young No. 19 Joseph and Jonas Bennett
Letter B Division. Letter C.
Edmund Jinks William Brown
Benjamin Thurber Andrew Waterman
Lewis Eddy Heirs of Benjamin Wilbur
Deborah Eddy Samuel Rogers
Josiah Tingley Robert Foster
Jonathan Cole John Foster
William Estabrooks
The terms are the same as in the former grant except the quit
rent is made one farthing per acre and actual settlement has to be
made within two years.
An assessment of the land owners in Sackville made in 1777
showed 90,000 acres owned or occupied.
72
NOVA SCOTIA HISTORICAL SOCIETY.
The largest land owner was Samuel Rogers of Eddy war
fame, who died in 1831, a very old man and a town charge. He
owned 4,746 acres.
Estabrooks and Mason owned 3,346 acres; John Barnes 2,750
acres; Charles Dixon 2,510 acres; Elijah Ayer 2090 acres; Edward
Barron 2,000 acres; Benjamin Emmerson 2,000; Robert Scott
2,000.
About 1786, the inhabitants of Sackville made a return of the
state of the settlement to the governments to show that if a pro-
posed escheat was made it would be attended with great confusion
as but few of the grants had not been improved. The actual
settlers at that date as set forth in the return appear to have been
as follows: —
Letter A.
Samuel Bellew
Joseph Brown
Samuel Rogers
Samuel Saunders
Valentine Estabrooks
Andrew Kinnear
James Jincks
Eleazer Olney
Nathan Mason
John Peck
John Bams
Ebenezer Burnham
Simon Baisley
Wm. Carnforth
Abial Peck
Nathaniel Shelding
Job Archernard
Jonathan Burnham
Letter B.
Charles Dixon
John Richardson
John Fawcett
George Buhner
Thomas Bowser
Gilbert Seaman
Joseph Read
Wm. Carnforth
John Wry
Moses Delesdemier
Joseph Delesdemier
Michael Burk
Samuel Seamans
Joseph Tower
Joseph Thompson
Mark Patton
Nehemiah Ayer
James Cole
Hezekiah King
Daniel Tingley
Wm. Lawrence
Ben Tower
Elijah Ayer
John Thompson
Eliphalet Read
Josiah Tingley
Jonathan Cole
Valentine Estabrooks
Lettbk C.
Wm. Estabrooks
Daniel Stone
Nehemiah Ward
Pickering Snowdon
Nehemiah Ward
John Fillmore
John Grace
Angus McPhee
Wm. Fawcett
Jonathan Eddy
Gideon Smith
Patton Estabrooks
Thomas Potter
John Weldon
Jos. C. Lamb
Josiah Hicks
Joseph Sears
Benjamin Emmerson
Titus Thornton
RECORDS OF CHIGNECTO.
73
It was not until 1767 that Sackville secured the right to a
member, a petition having been sent to the government in 1765
representing that there were then 80 families in this place.
Mr. A. Foster was the first member. His name occurs for the
first time in 1774, in the proceedings of the House. In 1775,
Samuel Rogers succeeded Mr. Foster.
BEPRESENTATIVES OP
1786.
Amos Botsford.
Charles Dixon.
Samuel Gay.
Andrew Kinnear.
1793.
Amos Botsford.
Thomas Chandler.
WilUam Black.
Thomas Dickson.
1795.
Amos Botsford.
Samuel Gay.
Ralph Siddall.
Thomas Dickson.
1810.
Amos Botsford.
Titus Knapp.
James Estabrooks.
John Chapman.
1813.
Wm. Botsford (Vice Amos. Bots-
ford, deceased).
1819.
William Botsford.
James Estabrooks.
Joseph Crandell.
Rufus Smith.
1831.
Edward B. Chandler.
William Crane.
Rufvis Smith.
Robert Scott.
1837.
William Wilson,
William Crane.
Daniel Hanington.
Philip I*almer.
WEOTMORLAND COUNTY, 1786 tO 1845.
1846.
Daniel Hanington.
William Wilson.
W. Hazen Botsford.
Amand Landry.
1802.
Amos Botsford.
Benjamin Wilson.
Hu^ McMonagle.
James Estabrooks.
1803.
Titus Knappvice McMonagle, deceased.
1816.
William Botsford.
James Estabrooks.
John Chapman.
Rufus Smith.
1827.
Edward B. Chandler.
Philip Palmer.
William Crane.
Robert Scott.
1834.
Philip Palmer.
William Crane.
Edward B. Chandler.
Daniel Hanington.
1836.
Wm. Wilson V. Chandlerj'resigned
1842.
Philip Palmer.
•John Smith.
Wm. Hazen Botsford.
Daniel Hanington.
74 NOVA SCOTIA HISTORICAL SOCI^Y.
Joseph Crandall, a pioneer Baptist Minister was compelled
by the Legislature to elect between the church and politics.
He decided for the former and resigned his seat.
Mr. MacMonagle was a resident of Mount Whatley and
was drowned in crossing a branch of the St. John, on his way
to Fredericton.
During the first part of the 19th century, Westmorland
produced two men whose works were effective in making per-
manent changes in the face of the country. The first one was
Tolar Thompson of Tantramar. He was the first English Marsh
(dyke) builder. Whatever methods La Valliere in 1675 and
La Loutre in 1750 pursued, had passed into forgetfulness in the
turmoil and confusion of war. The first English settlers had the
benefit of the dykes, aboideaux and sluice boxes constructed and
left by the Acadians, but it appears they did little or nothing
in the way of excavating channels for tidal deposits, tho' the
fertility and value of these lands had been recognized by even
the first pioneers and recorded in various ofiicial reports.
As soon as there was any safety for life and property in the
Isthmus, the government was alive to the fact that the marshes
must have some sort of administration. Accordingly in 1764,
Sewer Boards were appointed — ^the Sackville Board consisted
of Daniel Hawkins, Ebenezer Sallisbury, Robert Foster and
Jonathan Cole. The Amherst Sewers were Josiah Throop, James
Fulton and Elisha Freeman.
Very little progress seems to have been made in marsh build-
ing for at least a generation thereafter. Marsden, the Method-
ist circuit rider mentions in his notes the dangers of travelling
across the Tantramar marshes between Point de Bute and Tan-
tramar. He required a guide armed with a pole to go ahead and
find safe footing amidst the bogs, pools and streams.
Mr. Thompson day after day and season after season made
his home amongst the lakes and streams of this vast expanse
of waste land, the screaming water fowl his only companions.
RECORDS OP CHIGNECTO.
76
The apparently simple but really complicated problems of tidal
flow in creating new drainage channels and securing desposits
of mud were thought out by him and put into successful practice.
The Tolar and the Goose Lake Canals by which many hundreds
of acres of marsh were reclaimed are enduring monuments of his
skill. He left a great estate in the perpetuation of a name devoted
to the public service. Mr. Thompson was the grandson of Vis-
count Glandine and Earl of Norbury, Chief Justice of the Court
of Common Pleas, Ireland — a man distinguished for his learning
and wit. Tolar Thompson's father was his coachman. Herein
appeared a spice of romance. A daughter of the Earl fell in
love with the handsome coachman. They eloped, were married,
emigrated and settled in Sackville. Their son Mr. Thompson was
a large and commanding man, possessing a dignified presence and
was held in great respect in the community where he lived and died.
76 NOVA SCOTIA HISTORICAL SOCIETY.
The other notable was Charles F. Allison, the founder of
Mount Allison Educational Institutions. Mr. Allison was a man
of deep piety and intense earnestness.
The lack of secondary schools where the youth of both sexes
could obtain an advanced education on Christian lines to enable
them to command the employment being offered in our growing
communities was a problem of great magnitude, with which
be was not afraid to grapple single handed. Pictou Academy,
while ranking high as an educational institution, was only a local
school. Kings, at Windsor, while originally endowed by public
funds as a national institution had been seized by a clerical faction
and converted into a sectarian school, feeble as it was narrow,
and gaining the confidence of only a section of its own denomina-
tion.
Possessing broad and high minded views, Mr. Allison gave a
large portion of his own fortune in founding two seminaries
of learning. Their growth and success testified by the hun-
dreds of students attending them, are perpetual monuments
of his patriotism and philanthropy. He was a partner of Hon.
Wm. Crane, a son of Col. Jonathan Crane, who for thirty-four
years held a place in the Nova Scotia Assembly as one of its
most brilliant speakers. Mr. Crane as a youth emigrated from
Kings County, N. S. to Sackville — ^his fortune tied up in a poc-
ket handkerchief. He died at Fredericton in 1853, speaker of
the New Brunswick Assembly and one of the wealthiest men in
Eastern Canada. In 1838, when crossing the Altantic in a dele-
gation from the New Brunswick government, his vessel passed
the "Serius", the first transatlantic steamer. In the Cunard
memoirs published in the London Times, he is given the credit
being the first to urge upon the Colonial Minister, Lord Glenelg,
the importance of subsidizing a line of steamers to Halifax,
which led to the Cunard Contract.
Amos Botsford, a lawyer of New Haven, was appointed by
Lord Dorchester an agent for settHng the Loyalists in Nova Scotia
in 1782 and arrived in Annapolis that year. He afterwards re-
RECORDS OF CHIGNECTO. 7/
moved to Westmorland and was elected to the first Assembly
in 1786, of which he became Speaker, a position which he held till
his death in 1812. His son William succeeded him as representa-
tive and speaker in 1812; which he held until 1823, when he was
made a judge of the Supreme Court. Three of his sons, Hazen,
Bhss and Chipman were also at various periods elected members
of the Assembly; Bliss became Speaker and died County Court
Judge. A fourth son, Amos, became a Senator of Canada, of
which he was at one time speaker.
Col. Joshua Chandler, a wealthy lawyer of New Haven, and a
member of the Legislature, sided with the Loyalists at the Revol-
ution and was forced to abandon his home precipitately on the 5th
of July, 1779, when the town was evacuated by Gen. Tyron. He
sailed with his family for Annapolis, N. S. intending to settle
there. In March, 1787, he crossed the Bay of Fundy from Anna-
polis to St. John, in his schooner. The rest of the story is told
on a monument in the rural cemetery at St. John: —
"Here lyeth the Bodies of Col. Joshua Chandler, aged 61 years
and William Chandler His Son aged 29 years who were ship-
wrecked on their passage from Digby to St. John on the Night of
the 9th of January March, 1787 and perished in the woods on the
11th of said Month.
Here lyeth the Bodies of Mrs. Sarah Grant, aged 38 years.
Widow of the late Major Alex'r Grant; and Miss EUzabeth Chand-
ler aged 27 years who were ship wrecked on their passage from
Digby to St. John on the 9th day of March, 1787, and Perished in
the Woods on the Uth of said Month."
His son Charles H. Chandler was sheriff of Cumberland for 38
years and was succeeded in turn by his son Joshua who held it
for 28 years. Another son, Edward B., represented Westmoreland
in the Assembly of New Brunswick, became leader of the Conser-
vative party of the Province, and died in 1880, in his 80th
year, while occupying the position of Lieut. Governor.
78 NOVA SCOTIA HISTORICAL SOCIETY.
Any historical sketch of tthe Isthmus would be incomplete
that did not refer to the marvellous advances made by the Aca-
dians in trade, industry, education, social position and political
influence, in all of which, they have within half a century secured
at least an equality with their Anglo-Saxon neighbors. These
splendid results are largely the work of two men — ^Father La
France and Father Le Febvre, who inspired by a noble ambition
to uplift their people, spent their lives in their service. Father
La France was the pioneer in education and he was succeeded
by Father Lefebvre. The fine educational estabHshments at
St, Joseph's, Memramcook, have been most potent in moulding
and developing the later generations of Acadians.
Charles Dixon, the ancestor of the Dixon family of Sackville,
was bom at Yarm, Yorkshire in 1720. He was a paper maker
by trade. In 1761, he married Susannah Coates. In 1772, he
was induced by Governor Franklin's proposals to come to Nova
Scotia and embarked in the Duke of York with 62 other settlers.
After a six weeks passage they arrived at Halifax and on 21st
May at Fort Cumberland, where his family was housed in the
barracks. He records that his first impressions were gloomy
as everybody owning land wanted to sell and leave the country,
but on examination of the Isthmus he became pleased with its
prospects and purchased a farm (Dixon's Island) Sackville from
Daniel Hawkins for £2Q0, Hawkins returning to the United
States. Mr. Dixon became a prominent man, being a Justice
of the Peace, Collector of Customs, Member of the Assembly
and Judge of the Inferior Court.
Commodore Ayer — son of Elijah Ayer one of the original
settlers ran a schooner between Westcock and Eastport. He
lived at Westcock, but removed to Eastport and did some
privateering from there during the war of 1812. On one occa-
sion he appeared in the Tantrarmar river in an armed schooner
and sacked the Dixon homestead. This was supposed to wipe
oflF an old feud that survived the Eddy war, when it was alleged
that a party of loyalists fired the Eddy house at Middle Sackville
-,%
CHARLES F. ALLISON.
RECORDS OP CHIGNECTO. 79
when Mrs. Eddy and her children were alone in it. Capt. Eddy-
owned practically all Middle Sackville, which was confiscated.
First Canadian Home for Methodists and Baptists.
Amongst the Immigrants in 1763 to Sackville were Nathan
Mason and wife, Thomas Lewis and wife. Experience Baker, all of
the Second Baptist church of Swansea, Benjamin Mason and wife,
Charles Seamans.and wife and Gilbert Seamans and wife from
other churches, immigrated to Sackville, N. B., and on 21st
April that year. These 13 persons organized the First Baptist
Church in Canada, with Nathan Mason as pastor; afterwards
Job Seamans became their pastor.
Rev. Job Seamans' father Charles, immigrated from Reabothe
Mass., with his family to Sackville, N. B., in 1761, where he
commenced farming. Five years later the Newlight movement
spread to Sackville. Job, then eighteen years of age, attended the
meetings, became interested and was finally converted and de-
termined to devote his life to the work of the ministry. In
1773, he was ordained at North Attleboro, Mass. He ministered
to the Church there for fourteen years and was a moving spirit
in two revivals in which more than 100 persons were baptized.
In 1788, he was called to New London, N. H., where he died in
1830.
The writer has a letter from him, dated 1st October, 1796,
addressed to James Estabrooks of Sackville, N, B., and another
one dated 20 years later. Their phraseology is quaint, but they
breathe earnest prayers for the spiritual welfare of the recipient
and his family.
The names Nathan Mason, Thomas Lewis, Gilbert Seaman,
Benjamin Mason occur in a document in the Archives at Halifax
seven years later (1770) reciting the names of the residents here.
The others are said to have returned to Massachussets in 1771.
80
NOVA SCOTIA HISTORICAL SOCIRTV.
REV. THOMAS WOOD,
the oldest and most success-
ful missionary of the Angli-
can Church in Acadia in
the 1 8th Century.
But the Isthmus is not alone the birth place of the Baptist
denomination in Canada, but of the Methodist also. Many
of the Yorkshire immigrants were bom in the home of Wesleyan-
ism and brought with them the spiritual fire hghted at the flame
that that immortal teacher kindled. In 1779, meetings were
held at Point du Bute, and at a quarterly meeting held at Wm.
Trueman's in 1780, Wm. Black, of Amherst, afterwards known
as Bishop Black, received spiritual blessings. From that time
until 1786, when the first conference took place, the Cumber-
land district was under the direction of Mr. Black. Two years
later (1788) the first Methodist Church was built at Point du
Bute, and two years later one was erected at Sackville. These
were the first Methodist Churches built in Canada. The Presby-
terians were organized and had a church building in Amherst in
1788.
Petitcodiac Settlers.
The first European settlers along the Petitcodiac river after the
deportation were Germans. A contingent of nine families left the
RECORDS OF CHIGNECTO. 81
Rhine in 1749, landed at Philadelphia and settled in the Schuylkill
12 miles above that city. After hving there 14 years, they char-
tered a vessel and came to Westmorland, landing at Halls' Creek,
Monckton. The Creek is named after the Master of their vessel.
They were induced to come by the prospect of large grants of free
lands. The names of the immigrants were Steeves, Lutz, Smith,
Ritchie, Summers, Trites, Johns — ^now Jones, Wortman and Copple.
The later name became extinct. The other families settled
and have become very numerous. The original Mr. Steeves had
seven sons. His descendants today do not number less than 2,500
people. The German strain proves today a very important
element amongst the most prosperous and influential of our
people.
In 1788, by a return made by Stephen Milledge, Crown Land
surveyor, there were 12 families Hving in what is now the parish of
Moncton. They had amongst them 224 acres of upland cleared, 582
acres of dyked Marsh, 19 horses, 84 cows, 56 oxen, 104 young
cattle and 200 sheep. Heinrich Steeves and his seven sons had
settled at Hillsboro where they ultimately obtained grants of
land to the extent of three square miles. The names of the
famiheswere: — Jacob Trites, Sr., Jacob Trites, Jr., Christian Trites,
Andrew Summers, Christopher Horsman, Michael hntz, John
and Henry Jones, Frederick and Christian Steeves, WilUam
Wilson, Jacob Martin and John Wortman,
Col. DesBarres purchased from one Joseph Gingham a grant
he had obtained from the Nova Scotia Government of 20,000 acres
of land between the Petitcodiac and Memramcook rivers. His
agent — a woman named Polly Cannon, granted long leases to
the French Acadians. When Col. DesBarres died in 1824, his
son Augustus, who was his heir, commenced to look after his
rights. In 1840, he instituted some 50 or 60 actions. A test
case was tried before Chief Justice, Sir James Carter, at Dor-
chester in 1841. The final result was that the French succeeded
as respects the lands they occupied, but not as respects the for-
est lands. These they afterwards purchased.
82 NOVA SCOTIA HISTORICAL SOCIETY.
Messrs, Hope and Cummins of Philadelphia obtained large
grants of land in on the Albert side of the Petitcodiac river, and
Messrs. Peter and John Hughes, William Grant and Clarckson and
Co. of the same city of land in the Westmorland side, on condit-
tion of settling the same. They appear to have made some agree-
ment with the settlers before mentioned. The agreement be-
tween them seemed never to have been fulfilled and the settlers
obtained judgments against the grantees, sold the lands at Sheriffs
sale, purchased them and became permanent settlers.
A brief reference may here be made to the early settlements
at Shepody. After the deportation of the French large grants
had been made to Generals Haldimand and Bouquet, on con-
dition of actual settlement. They expended considerable sums
of money in making efforts to introduce settlers, but they met
with very slender success, and before 1773 the properties re-
verted to the Crown.
Mr. Thomas Calhoim was agent for General Haldimand up
to 1770. He and his brother William and two other men were
(1771) floating stone on rafts from Grindstone Island to load in a
vessel at Shepody river, when through some mishap, they were
all droMTied.
Moses Delesdernier Settled in Shepody.
In 1775, in partnership with Mr. DeWitt, he established a
truck business at Hopewell Hill. The next year the Eddy con-
tingent sacked his place and he and his family had to seek
shelter at Fort Cumberland. Delesdernier died in 1811, at the
venerable age of 95 years.
At the close of the Revolutionary War, five large grants of
land were made about Shepody Bay. These were partly made
over previous grants to General Haldimand and others. They
were as follows; — -
Dickson grant, north of Cape Demoiselle to Hillsoboro.
Daniel's grant to Cape Demoiselle 4 miles.
Prince grant to Hopewell Hill.
Peck Grant to Crooked Creek.
Calboun grant to Gcrmantown lyake.
records of chignecto. v 83
Settlement of Shediac.
The first English settler in Shediac was William Hanington.
His father was a member of the Fishmonger's Guild, London.
He landed in Halifax, in 1783 — the year after peace was proclaim-
ed between Britain and her revolted colonies. He had pur-
chased for two shillings an acre a tract of 5,000 acres abutting
on Shediac harbor that had been granted in 1768 to Joseph Wil-
liams and others. After a tramp through the unbroken forests
he arrived at his future home in March, 1784.
For a London man, the prospect must have seemed hopeless
but Mr. Hanington's vigor and self-reliance were equal to the
emergencies. He was the first English settler in the Gulf Shore
between Pictou and Miramichi. When he arrived he found
neighbors in two French settlers at Shediac and two more on
the shore had made clearings and put up log cabins. It was then
twenty years since the expulsion and twenty since the ordinance
against them had been repealed. These settlers belonged to the
Gaudet and Gallant families. The next English settlers were
Samuel Gjrnwall, John Atkinson and Bowen Smith — all early
in the 19th century.
John Welling, a Loyalist, not satisfied with his situation
at St. John, foimd his way to P. E. Island, settling in 1798 on
what is since known as Welling 's Point, near Summerside.
His wife was Elizabeth Darby. Mr. Hanington married her
sister Mary. Tradition makes the affair rather a romantic one.
He was driving along the road Mdth his ox cart, and he espied in
the barnyard of a nearby homestead, a young woman feeding
chickens. It was a case of love at first sight. The exigencies of
pioneer life did not permit any prolonged dall)ring. He was a
man of action. He proposed and was accepted on the spot.
He claimed her at once and succeeded in overcoming her re-
luctance and objections. She mounted the cart with him, wend-
ed their way to a justice of the peace, parsons being scarce, where
the ceremony was performed. His son Hon. Daniel, represented
84 NOVA SCOTIA HISTORICAL SOCIETY.
Westmorland many years in the Assembly and was Speaker.
His grandson Hon. Daniel L. was at one time leader of the
government and died in 1909, a Judge of the Supreme Court.
The Irishtown Road settlement was first made by John and
William Wood and Walter Crowley.
■ Other immigrants followed. The Wards, Crawleys, Fitz-
Simmons, Lurings, Dunphys, Kennedys and others came from
Ireland and settled at Irishtown near Moncton between 1812
and 1818.
In 1835 — 6, the Immigrant Road between Gaspereaux and
Cape Tormentine was settled by the Carrolls, Mahoneys,
Sweeneys, Murphys, Barrys and others from Ireland, whose
descendants have built up a very prosperous community.
liP In 1800, John Rajrworth, a tanner and currier of London,
England, emigrated to P. E. Island. He left there and landed at
Rayworth's brook, Little Cape. The country was then a wilder-
ness. He walked in winter to Fredericton to obtain a 'grant, and
secured one of 1200 acres in one block, where he made a home for
himself and brought up a family. He is the progenitor of
the numerous and influential family by that name.
The toils of these early immigrants, their privations and
dangers, their achievements and exploits in subduing nature
and making permanent homes, if recorded, would form some of
the most interesting literature the country could afford.
In 1787, Mr. Powell, a loyalist settled at Richibucto. At
this time, the inhabitants there, besides the Indians, were four
families of Acadians, and in the whole stretch of country from
Bay Verte to the Miramichi there were only eight families of,
settlers. Mr. Powell was the ancestor of Hon. H. A. Powell, K.C»
kbcords of chignbcto. 85
Free Representative Institutions.
The loyalists were not the pioneers of Acadia. When they ar-
rived they found settlements already in existence. A representa-
tive government had been established for a quarter of a century
based on principles recognized at the time as most Hberal. Courts
of law had been established and the same security to life and prop-
erty was afforded as in any of the older communities of the Empire.
This had been accomphshed by the efforts of the first immigrants
from New England, who had remained steadfast in their loyalty.
When the province of New Brunswick was created in 1784, the
founders there had Uttle to do but duplicate the governmental
institutions long in successful operation.
Nothing occurred after the declaration of peace 1782 to check
the growth and prosperity of Chignecto; in all material aspects it
has been one of progressive advancement. The war of 1812 in no
way hindered the ordinary pursuits of the people, though the feuds
engendered during the Eddy conflict produced an aftermath in
1812. The settlements along the Bay of Fundy were kept in con-
stant alarm, by armed schooners and whale boats, which carrjdng
letters of marque, scoured our shores. In some cases, they were
piloted by former inhabitants of the country, who fled when
the Eddy incursion collapsed. They made some captures of vessels
and looted homesteads but did no permanent damage.
The development of our country has proceeded by well de-
fined stages. At first the fur pelt and fishing business attracted
a roving population. This was followed by the mast and square
timber trade, which, requiring but an axe in the way of machin-
ery proved profitable. And then followed in due course the
construction of vessels for coastwise trade, the first square rigged
vessel launched in Acadia was built by a Mr. McNab at Wallace,
N. S. The utilization of water mills for sawing lumber opened
up an immense business with England. In 1786, the Govern-
ment paid a bounty of £20 each for the construction of 22 saw
mills, one being to Mr. Charles Taylor, Dorchester, and another to
Mr. Pettis of Parrsboro. The clearing of land led to the raising of
86 NOVA SCOTIA HISTORICAI. SOCISTY.
potatoes and grain and the keeping of live stock. The next, and
final stage, was the creation of manufacturing industries under the
stimulus of the national policy, by which the labor-employing in-
drusties of the country were immensely diversified. These, to
some extent, replaced the wooden ship building industry, which
the making of iron ships rendered unprofitable. The domestic
growth of wheat, which could not compete with Western grain after
the opening of the North West, was largely abandoned and farm
properties fell in value.
During this period Cumberland produced two men of command-
ing ability; the first one was Simon Newcombe, Rear Admiral
of the United States Navy, who is accorded front rank as a scien-
tist; the second was Charles Tupper, whose achievements in
the great work of creating and building a Canadian nationality
in the widely separated British communities of North America,
placed him amongst the first of Imperial statesmen.
Chignecto being the fighting ground of the contending powers
for the possession of Acadia, a vast amount of material is avail-
able bearing on the movements in that locality, but owing to the
limited space necessarily given this paper, many interesting occur-
rences and striking incidents are either ignored or only touched on,
while personal details and family history of many who bore a
worthy part in the conflicts and struggles about Chignecto are
omitted. The maps of Chignecto are photographs of the originals
found in the British Museum. The writer begs to acknowledge
his obligations to Prof. W. G. Ganong, of Smith College, North-
ampton, Mass., and to the N. E. H. and G. Society, Boston, for
valuable aid given him.
REV. GEORGE W. HILL, M. A., D. C. L.
NOMENCLATURE OF THE STREETS OF HALIFAX.
BY
REV. GEORGE W. HILL, M. A, D. C. L.
Read before the Society February 2nd, i882.
"Halifax, the metropolis of Nova Scotia and the chief city
"of the Acadian or Lower Provinces, was founded in the year
"1749, at the expense of Government, under the direction of the
"Lords of Trade and plantations, and was so named in compli-
"ment to George Montagu, Earl of Halifax, then at the head of
' 'the Board under whose auspices the settlement was undertaken. ' '
On 21st June, 1749, the Sphinx arrived in the harbor, then
called Chebucto, having on board the Hon. Edward Q)mwallis,
who had been appointed by the British Government to carry out
the design of forming a permanent settlement in Nova Scotia.
Early in the month of July a spot for the intended town was
selected near "Point Pleasant," and the settlers were employed
in cutting down the trees; but the want of suflficient depth of
water in the front, and other inconveniences being discovered
it was abandoned for a more eligible situation to the Northward
(the present site) commanding a prospect of the whole harbor,
and on an easy ascent, with a plentiful supply of fresh water;
here Mr. Bruce, the engineer, and Mr. Morris, the surveyor,
were ordered to lay out the town; this was done and the plan com-
pleted by 14th September. The town was laid out in squares
or blocks of 320 by 120 feet, the streets being 60 feet wide; each
block contained 16 town lots, forty feet front and sixty feet deep,
the whole divided into five divisions or wards, Callendar's, Gal-
land's, Collier's, Ewer's and Forman's divisions.
It was probably intended at first to execute the design on a
much larger scale, as we may judge from a statement made,
2 NOVA SCOTIA HISTORICAL SOCIETY.
in the "Gentleman's Magazine" for Sept. 1749, to the foUowing^
effect : — ' 'According to the plan laid out for the town of Halifax,
"the capital of Nova Scotia, that city is at first to consist of
' '2000 houses, disposed into fifty streets of different magnitudes.
"In the middle of the town is to be a spacious square, with an
"equestrian statue of His Majesty."
Whatever may have been the design as thus expressed, it was
not executed, the Hmits were circumscribed and, no doubt, for
wise reasons, one of which — ^perhaps the chief — ^was the greater
ability to protect from the attacks of the Indians a compara-
tively small place. Hence we find that a matured plan was
sent to England — which was published in the Gentleman's
Magazine in the month of October, 1749.
From this map the boundaries of the town were as follows:
On the east, the harbor: on the south a stock palisade beginning
at the water edge, at the foot of the present Salter street, and run-
ning westward, not in a perfectly straight line, but so diverging as
to form salient angles here and there. In the neighborhood of
what is known as the old Mason's Hall was a fort ; thence the pali-
sade ran slightly to the south for a short distance and then formed
an oblique angle turning to the northwest until it reached the site
of the Royal Artillery Park, where was erected another post; thence
in the same northwesterly direction until it reached the neighbor-
hood of the spot on which His Royal Highness the Duke of Kent
placed, fifty years afterward, the Town clock; thence northerly
until the site of the North Barracks was reached, at the head of
Buckingham street, where was another post ; thence in an easterly
direction until it reached the neighborhood of what was long
known as ' 'Grenadier Fort, " the spot on which Trinity Church at
present stands where was another fort ; thence to low water mark
at the foot of Buckingham street.
Thus, Buckingham street was the north and Salter street the
south Umit, while the whole was surrounded by a strong palisade
of pickets with block houses or log forts at convenient distances.
NOMENCLATURE OF THE STREETS OP HALIFAX. 3
The north and south suburbs were surveyed about the same time,
but the German lots in the north were not laid off until the year
following.
Having described the limits of the town as first planned out,
I propose to discover, if possible, the origin of the names by which
they were designated, and afterward to do the same as regards
the streets outside the original boundaries, even to the most
modem. The task is more difficult than one would suppose
until it is fairly entered upon, inasmuch as the sources of infor-
mation are very limited. I can find no record of the time in
which the streets were named, as they have been known from
time immemorial, nor of the reason why such names were given.
At the same time there are reasons for thinking (if not data for
proving) that the titles or names given to the main streets, be-
tween the water mark on the east, Salter street on the south, the
Citadel on the west, and Jacob street on the north were given
in honor of certain distinguished statesmen of England, who
either formed the Cabinet Ministry of the day, or had been mem-
bers thereof, or were interested in some way in the formation
of the new colony. It is certain, at least, that the names of
the majority of the streets were those of prominent pubhc men
of the epoch. History shows us who were the official and well
known statesmen of the time; they are comprised in the Ust
which follows, and were called the ' 'Broad, &c. "
Broad Bottom Administration — ^This ministry was so-
called because it comprised nine dukes and a grand coaUtion of
all parties. Formed Nov. 1744; dissolved by the death of Mr.
Pelham, March 6th, 1754.
Rt. Hon. Henry Pelham, first l^ord of the Treasury and Chan-
cellor of the Exchequer.
Duke of Dorset, President of the Council — (Sackville family
name.)
Earl Gower, Lord Privy Seal.
4 NOVA SCOTIA HISTORICAL SOCIETY.
Duke of Newcastle and the Earl of Harrington, Secretaries
of state.
Duke of Montagu, Master General of the Ordinance.
Duke of Bedford, first Lord of the Admiralty.
Duke of Grafton, Lord Chamberlain.
Duke of Richmond, Master of the Horse.
Duke of Argyle, Keeper of the Great Seal of Scotland.
Marquess of Tweedale, Secretary of State for Scotland.
Lord Harwicke, Lord Chancellor.
All of the Cabinet.
The Duke of Devonshire and Duke of Bolton were not of
the Cabinet.
Observe then, five streets have the same names as five Dukes
in the existing administration:
1. Sackville — ^Duke of Dorset.
2. Hollis — ^Duke of Newcastle.
3. Bedford— Duke of Bedford.
4. Grafton — ^Duke of Grafton.
6. Argyll — Duke of Argyll.
Earl Gower's family name was Granville.
The most eastern street of the town, for the most obvious
reason called
WATER STREET
was simply the vacant space between high water mark and
Bedford Row, and known to the early settlers as "the beach,"
as is testified to by numerous advertisements in the first news-
papers concerning transactions of business which took place
there.
NOMeNCI^ATURB OF THR STREETS OP HALIFAX. 5
BEDFORD ROW
was no doubt so called because the Duke of Bedford was at the
time of the founding of Halifax the first lord of the Admiralty
in the Cabinet.
The next street in order — ^parellel to Bedford Row — ^which
we c^U
HOLUS STREET,
is doubtless a misprint for Holies, inasmuch as Lord Holies,
Duke of Newcastle, was then prime minister of England. The
dukedom soon after became extinct, but was revived in the
course of time in the family of Pelham Clinton, Earl of Clinton,
who are the present holders of the dukedom. In London there
is a street named Holies, as also one in Boston, Massachusetts.
GRANVII,LE STREET
was called after the Right Honorable George Granville, who
was also a Cabinet minister of that day, and appears in the Ust
of the Cabinet as Earl Gower, Lord Privy Seal.
HARRINGTON STREET
may have been called after the second Viscount Barrington,
son of John Shute Barrington, who was raised in 1720 to the
Irish Peerage as Viscount Barrington of Ardglass. His son,
William Wildman, succeeded to the title ip 1734, and though I
cannot find his name as holding an office of state in 1749, he
doubtless held some important under secretaryship at the time,
for we find him six years afterwards Secretary of War, then
Chancellor of the Exchequer, then Treasurer of the Navy, and
finally from 1765 to 1788 Secretary of War again. I am inclined,
however, to think that Barrington is a misprint for "Harring-
ton," the Earl of Harrington being one of the Secretaries of State
at the time, as may be seen in the above list of the Ministry of
the time.
6 NOVA SCOTIA HISTORICAIy SOCIETY.
ARGYLE STREET,
more properly spelt with two I's and omitting the. vowel e at the
end, after John C, the great Duke of Argyll and Greenock, who
was at this period perhaps the most prominent man in public
estimation — Keeper of the Great Seal of Scotand.
GRAFTON STREET,
after the Duke of Grafton, who was I^ord Chamberlain at this
period.
ALBEMARl^E STREET,
after Keppel, the Earle of Albemarle, then a prominent statesman.
We now turn to the streets running East and West.
The first street on the plan sent from England,
SACKVILLE STREET,
is named after Sackville, Duke of Dorset, who was President of
the Council.
PRINCE STREET,
no doubt was so named in honor of the Royal family; but I am
puzzled to know which of them, as the next street in order is
GEORGE STREET,
Now in 1749 the Prince of Wales, whose name was Frederick
Louis, was still living. Had the honor been intended for His
Royal Highness, the street would have been called Frederick
or Frederick Louis. This prince died in 1751, and his son George
became heir apparent to the throne. It is possible that Governor
Comwallis did not name the streets at all until after this event,
and then called the two streets Prince and George in honor of
the late Prince's son, the future King of England. On the other
hand, the one street may have been called after the Prince of
Wales and George street after the King himself.
NOMENCLATURE OF THE STREETS OP HALIFAX. 7
The next two streets are called successively Duke and Buck-
ingham, which seems to suggest the idea of their being called
after a very prominent man — the Duke of Buckingham. But
the famous dukedom of Buckingham was at this time extinct,
and had been so for a number of years, nor was it revived again
until George IV's time, when it was so in the family of the Greu-
villes. I have no doubt that Governor Comwallis had a reason
for so styling these streets, and some one may be more fortunate
than myself in discovering it. The name "Duke" may have
no reference whatever to the name of the next street in succession,
but probably was given because there were 9 dukes in the cab-
inet, was in fact a "Duke Cabinet." As to the name "Buck-
ingham," I can offer no well-grounded suggestion.
But there are two other streets which formed part of the
primitive town, one to the north of Buckingham, inclosing Fore-
man's new division — this was
JACOB STREET,
so called after Richard Jacobs, a German baker, who owned a
large property on the north side of it — i. e., outside the original
palisade.
On the extreme south, i. e., south of Sackville street, was laid
out another street, which was called
SALTER STREET,
after Maladi Salter, a gentleman who appears among the principal
inhabitants in 1750, who was then extensively engaged in the fish-
ery, but who visited Chebucto harbor in 1744, five years before
the settlement. It was he who built and owned the old house
at the comer of Salter and HoUis streets, — for so many years
occupied by the family of Lawsons.
It will be observed that neither of these streets are in the
map — all these streets drawn in the map are called by the names
of men who were public officers or were prominent men; these
8 NOVA SCOTIA HISTORICAL SOCIETY.
two Streets which flanked the town proper were alone called
by the names of settlers — and that for palpable reasons — both
being large owners of property in the vicinity.
Upon the arrival of the emigrants from Germany, some in
September of the year 1750, about 300 in number — some in the
Spring of 1751, 958 in number, and about 1000 more in the fol-
lowing year, 1752 great difficulty was experienced in providing a
suitable location for them. It was finally resolved to remove
them from the suburbs of Halifax to a part of the Province in
which agriculture could be successfully prosecuted. Therefore
in June 1752, about 1500 of these German settlers embarked
for Merliguish Harbor in Mahone Bay, where they built a town
which naturally enough they called in honor of Fatherland —
Lunenburg. Those of their countrymen who did not accom-
pany them had been placed in the north suburbs, which came
to be popularly known as Dutch Town.
In the year 1764, the people of the north suburbs applied to
the Governor and Council to call their settlement Gottingen.
The name was given, but soon, as a general title fell into disuse, the
main street obtained the name of
BRUNSWICK,
the rear or more western street only retaining that of
GOTTINGEN,
both names recalling the home of their fathers. Of late years,
as is well known, the name Brunswick street has been given to
that street of which Brunswick street is really a continuation —
formerly known as Barrack street, because at either extremity
of it, according to the original plan, were the south and north
Barrack streets, as they were familiarly called. There was
early in the history of Halifax another street in the north sub-
urbs, retaining to-day its original title.
NOMENCLATURE OP THE STREETS OF HALIFAX. 9
LOCHMAN STREET,
spelt with the letter h, and not k, as we have in those modern
days, and so called from Mr. Lochman, a German settler of re-
pute, whose mural tablet, of wood, is still to be seen in the old
Dutch Church on Brunswick street.
I now pass on to the streets of more modem date, and begin
with
PLEASANT STREET,
which derived its name from Pleasant Point, as originally styled,
or as we call it, Point Pleasant. This street begins at the Point
and ends at the top or western extremity of Salter street; from
that boundary or point, though a continuation in a straight
line, it is, as we have seen, called Barrington street, until it reaches
Jacob street. A few years ago it was continued through certain
properties, until it reached l/ockman street — thus making a
continuous street from Point Pleasant to Richmond Station —
i. e., one long street of 3 or 4 miles, with three different names
— ^Pleasant street, Barrington street, Lockman street: just as
we often find elsewhere as, for example, in I/)ndon — Oxford
street, Holbom, High Holborn streets.
Having dealt with the main streets in the old town and its
northern suburbs, we may turn our attention to those which,
as time advanced, were added for the convenience of the in-
creasing population.
The street south of and next parallel to Salter street, is a
short one running from Lower Water street to Pleasant street,
called
WALLACE STREET,
and in all probability so called from the Hon. Michael Wallace,
a leading man in old times, a member of the old Council, and
once or twice administrator of the Government during the tem-
porary absence of the Governor of the Province. This gentle-
10 NOVA SCOTIA HISTORICAL SOCIETY.
man owned or lived in the house at the corner of Hollis and
Wallace streets, opposite the eastern gate leading to the proper
front of the present handsome and spacious Government House.
MORRIS STREET
is the next running from the harbour in a perfectly straight line
until it reaches a point about half way between the harbor and
the North West Arm, or Waygwalteech, as the Indians called
that most charming sheet of water, a word meaning "salt water
all the way up,' ' or as in later days, "Sandwich River' ' or " Hawks
River." Now, at the eastern end of this street, that is, at the
N. E. comer of Hollis and Morris, resided the gentleman to
whom reference has been already made as the surveyor of the
town of Halifax, who was the ancestor of that talented family
who have been so well known for a long series of years in this
community — Mr. Charles Morris. Even in my youth the old
family mansion was occupied by some of his descendants. What
more natural than that this street should be called after him?
SOUTH STREET
comes next in order, and, of course, derived its name from its
being the most southern part of what might then be termed
the town — the suburbs beyond being for the most part cultiva-
ted fields as far as the old "Fresh Water Bridge," a great pro-
portion of it being owned by the Messrs. Tobin and Smith, fami-
lialry called "Tobin's fields," and "Smith's fields." This street
has one characteristic which belongs to none other in the city,
which now comprises the whole peninsula. It is the only street
which runs in a perfectly straight line from the harbour to the
North West Arm — from water to water.
TOBIN STREET
follows, and so named because it runs through a portion of the
field owned by the gentleman of that name, one of whose des-
cendants lives still in the immediate neighborhood, in fact, on
part of the original property.
NOMENCLrATURE OF THE STREETS OP HALIFAX. 11
• KENT STREET,
IB all probability, was so called in honor of the Duke of Kent'
who was commander-in-chief of His Majesty's forces in this
country for several years in the closing part of the last century,
or it may have been named after some individual of that name,
as in the continuation of it, Artz street, so named from the family
who were related to the Messrs. Smith — the original owners
of the property.
GREEN STREET
was not named, as has been supposed, after the old family of
that name, but simply because, it lay untouched for some time
and the grass flourished upon it.
INGLIS STREET
only received its name in these later years and was, I understand
not so much in compliment to Bishop Inglis, as to his distin-
guished son. Sir John Inglis of Lucknow fame.
Running off at right angles to Inglis street in a northerly
direction until they meet Victoria Road are two streets, viz.:
BIvAND STREET.
the property having been owned by the late J. B. Bland, and
lyUCKNOW STREET,
as in immediate connection with Inglis street.
SOUTH PARK STREET
is a continuation of Park street, called at this end south as the
other end is called North Park street — the general term Park
having been given to it of late years because of its skirting the
Common and Horticultural Society's, now the Public Gardens.
12 NOVA SCOTIA HISTORICAI^ SOCIBTY.
VICTORIA ROAD,
which runs almost diagonally through the old Smith fields, is of
course, in compHment to Her Majesty.
TOWER ROAD
which begins at the old Tower and ends at Spring Garden Road,
manifestly derived its name from the Tower standing still upom
the massive outcrop of slate rock.
West of the Tower Road is a street but little known called
Wellington, called after the great Duke.
Then comes the road leading to the North West Arm — one, the
BOWER ROAD,
going down to the Presbyterian Theological College, and so called
from the house and property known as "the Bower," for many
successive years the residence of some of the most prominent
and influential men in the Province — both civil and military.
The street leading from the College corner to the entrance
into Point Pleasant Park is called
PRANCKLYN STREET,
from the fact that Colonel Francklyn owned and resided in the
house now occupied by his son Mr. George Francklyn.
Of South street I have already spoken.
COBURG ROAD
was so named from the property owned by the late William
Pryor, on the borders of the Arm, who, having married Miss
Barbara Foss, a German lady, whose father was landed on Geor-
ge's Island, when it was covered with spruce, fir and pine, natur-
ally paid her the compliment of calling it Coburg, after Prince
I^opold, of Saxe Coburg, who as the time of his building, was
NOMENCLATURE OP THE STREETS OP HALIFAX. 13
married to that charming woman, Princess Charlotte, whom
teh English nation so dearly loved and whose untimely death
they so deeply deplored.
JUBILEE ROAD,
in like manner derived its name from the property on the N.
W. Arm, owned by the late Mr. Yeomans, but first by Mr. John
Pryor, who built the house in the year of George Ill's Juilbee
which was held with great eclat in the year 1810.
ROBIE STREET,
from Hon. Simon Bradstreet Robie, who owned and cultivated
a field at the head of the present Morris street, commonly called
"Robie's Field" — the transition from the field to the road was
natural and easy.
Running off of Spring Garden Road are several streets, the
origin of whose names has always been a puzzle to me as well
as a matter of curiosity. But, happily, within a few days the
problem has been solved and my curiosity satisfied. I have
learned from a most reliable authority, now living, how it came
about that these streets were so designated. It was thus; on
the western side of Spring Garden Road, beginning at the pres-
ent Queen street, a large property was owned by a family whose
name was Schmidt. Several houses were built upon several
sites, and the whole group was familiarly called " Schmidtville"
— a name which many inhabitants of Halifax, not much past
middle age, were accustomed to hear constantly until the last
twenty-five years. In the course of time the inheritors of this
property determined for certain reasons to sell it. The land
was laid out in lots with streets running through them, and in
honor of their ancestors the heirs called one street
BIRMINGHAM,
because Mr. Pedley — one of the ancestors of the family — was
bom in Birmingham, England. Another was called
14 NOVA SCOTIA HISTORICAL SOCIETY.
DRESDEN ROW,
because Mrs. Schmidt, the daughter, who married Mr, Schmidt,
was bom in Rottenburg.
A street parallel to Birmingham and Dresden Row is known as
BRENTON STREET,
and this was so named because the late Sir Brenton Haliburton,
for more than fifty years holding a seat on the bench of the Sup-
reme Court of Nova Scotia, owned the fields which were some
thirty years ago divided into lots and sold.
In this connection I may properly mention that the street
called
BLOWERS STREET,
which runs from Granville street up to Albermarle street, was
named, naturally enough, in honor of the late Chief Justice
Blowers, whose life, prolonged to one hundred years, was spent
during the greater part of his residence in this Province in that
large house still standing at the comer of Barrington and Blowers
streets and used now, as for some years past, as an hotel.
We learn from Mr. Akins' valuable essay that public gardens
were much in fashion between 1753 and 1780 — one styled Adlam's
Garden was an extensive enclosure south of the Citadel, near
the present Artillery Park — it was opened to the public, contained
a pavillion and a great variety of fruit trees and shmbs. Spring
Garden was another place of public resort in 1768, and a Prov-
incial gardener was maintained at this time on an allowance of
£Z2 10s. per annum, who perhaps was employed at the Gover-
nor's Gardens. The term "Spring Garden" was a familiar
one in the old country, and simply adopted here by the early
settlers. It is not difficult to see why this special road was
called "Spring Garden Road."
NOMENCLATURE OF THE STREETS OP HALIFAX. 15
Having assigned a reason for the names given to those streets
which are on the south side of Jacob street, we may now pass to
those that lie north of that original boundary line; and begin-
ning at the water side we have a continuation of Water street,
called from its relative position to the harbour, "Upper," as the
southern end is called for the same reason, "Lower Water street.' '
Having already spoken of Lockman, Brunswick and Gottingen
streets, (when dealing with the "North suburbs,") I pass to
CREIGHTON STREET,
so-called, because running through a field formerly owned by
the family of Creightons, whose ancestor in this country was
John Creighton, son of a gentleman who 'lived in the South of
England. He entered the army in early life, and was at the
battle of Fontenoy. Being discharged at the peace of Aix la
Chapelle, in 1748, he was placed on the half -pay list of Col.
Warburton's regiment. Mr. Creighton was sent to Malagash
with the Germans in 1752, and took a leading part in the set-
tlement of Lunenburg, that name being substituted for Malagash
— or more properly, Merleguish, which means "Milky Bay,"
where he continued to reside until his death in 1807.
MAYNARD STREET,
which comes next in order, was so called because the adjoining
field was owned by a gentleman, Capt. Maynard, of the Royal
Navy, or more properly, one field was owned jointly by Capt.
Maynard and Mr. Creighton.
AGRICOLA STREET.
This street was named in honor of John Young, father of Sir
William Young, (for many years Chief Justice of this Province),
who published a series of lectures on Agriculture in the Acadian
Recorder, during the years 1822-3-4, over the signature "Agri-
cola" — lectures which gave a great impetus to the scientific
and, hence, more profitable culture of the arable lands of this
Province.
16 NOVA SCOTIA HISTORICAL SOCIETY.
Between Brunswick and Gottingen streets there runs a com-
paratively short street called
MAITIvAND,
after Sir Peregrine Maitland, who was Governor of the province
at the time this street was opened.
There are a number of small streets, or rather short streets
running parallel to these large and more important ones, such as
STARR STREET,
above the old Temperance hall (now the Lyceum), so called
because it was originally part of the garden of David Starr, a
man some years ago well known in this community.
MOREN STREET,
opened by J. P. Moren, who purchased part of the Bauer's field;
and
BAUER STREET,
from the fact of the Bauer family owning the property through
which the street runs,
There is one more lengthened street, whose name is
LONGARD STREET,
which is to be ascribed to the family of that name, who were
the possessors of property in the north end of the town many
years ago, and whose descendants are well known as skilful
mechanics and successful men of the day.
We now come to those streets which run from east to west —
from the harbor to the N. W. Arm, and the first, beginning at
Brunswick — between the Garrison chapel and the old North
Barracks, (the present quarters of the non-commissioned officers)
called the ' ' Pavillion' ' — ^is
NOMENCIyATURE OF THE STREETS OF HALIFAX. 17
COGSWELL STREET,
It was originally named "Willow Tree St." on account of a
large willow tree growing at the corner of Gottingen street, but
in compliment to Hon. Henry H. Cogswell, who owned a consider-
able amount of property near St. Andrew's Cross, to which it
led, it came to be called Cogswell street. Mr. Cogswell was
one of the founders of the first Bank established in Halifax —
the Halifax Banking Co., — amassed a considerable fortune, and
was the father of several sons of more than ordinary ability —
Wm. Cogswell, clergyman, Charles Cogswell, phj^dan, and
James Cogswell, barrister. Though only quarter of a century
ago this family appeared to be indissolubly bound up with the
Province by a variety of ties, there is not to-day a single male
descendant bearing the name to be found here.
From 1840 to 1846 Lord Falkland was Lt. -Governor of Nova
Scotia, and the street next parallel was designated by his title.
The name of this representative of royalty will be remembered
for other reasons than that of one of the streets being called
after him. He followed Sir Colin Campbell in office, and was.
here during the stormy battle fought for responsible government.
His administration of the government was an important epoch
in our Provincial history.
CORNWALLIS,
was the name given to the next in order, in commemoration,
no doubt, of Hon. Edward Comwallis, commander of the ex-
pedition for founding the town of Halifax. It would have been
a blunder, indeed, if, after having dropped the name originally
given to the island in the mouth of the harbor, the people of
this city had not appHed it to some part of the city, and it is
certainly a more euphonious title than the "Round Church Hill."
CUNARD STREET,
was, I understand, originally called the road to the N. W. Arm,
and probably received its new name from Samuel Cunard, or
18 NOVA SCOTIA HISTORICAL SOCIETY.
rather the Cunard family; for the street, I understand, was
known as now named before Mr. Cunard became famous as the
pioneer of ocean steamers carrying the mails. Perhaps some
one can inform me if the Cunards owned the property through
which the street was run.
GERRISH STREET,
recalls two brothers, Joseph and Benjamin Gerrish, both of whom
were prominent men in the early days. Joseph was Naval
Store-keeper, and for several years held a seat in the Council;
Benjamin was agent for Indian affairs, and also a member of
Council. It is supposed, that the family came from New En-
gland, as the name is one frequently met there.
ARTZ IvANE,
was manifestly so called from the fact of the large family of
that name owning property in the vicinity.
NORTH STREET,
we may suppose, was so designated as being at the time the
most northerly street of any consequence; indeed, the last street
running east and west for a long period of time, and very proper-
ly so styled as virtually it was the north street of the town.
VEiTii STREET,
owes its name to the fact of the family of that name owning
large property in the neighborhood, as also Russell street, which
is a name possessed by certain members of the same family.
So Kaye street obtained its name from the fact of the field
through which the street runs having been owned by Mr. Joseph
Kaye, who laid open the street, and laid it off in building lots
some years ago. Young, Charles, George, Willow and West
streets, recall the family of whom one still Hves in Halifax, clothed
with honor and years. Sir Wm. Young.
NOMENClvATURE OP THE STREETS OP HALIFAX. 19
There are three lanes — Hurds, Proctors and Gray's — the
first two running from Water to Brunswick street, the third
from Water to Lockman Street — ^names, no doubt, arising from
the ownership of lots or houses by the several persons who bore
those names: —
Jacob Hurd, who arrived in Halifax in 1754, and carried
on business; Proctor, who was an early settler; Gray, who was the
owner of a large part of the lower side of Lockman street.
The streets in the district named Richmond, are, of course,
of modem date, and easily traceable, as Veith from the family
alluded to, Needham from the old fort Needham, Albert, Victoria
and Hanover, in compliment to the Royal family, Ross, Keimy,
Roome and Duggan, from persons well known in the community
transacting business at the time of the la)dng out of this pro-
perty. Musgrave, in compliment to the Earl of Musgrave, the
present Marquis of Normandy, who was Lt.-Govemor of the
Province for a term of five years.
There are several streets running from Gottingen to Agricola,
whose names are Ontario, Bloomfield, Almon, Bilby, and Macara.
These, I understand from inquiry of one of the then Aldermen
of the dty, were named by a commission of the city authori-
ties about the time that the Wellington Barracks were erected
by the Imperial Government. For the first selection, Ontario,
I can discover no assignable reason. For the last four, Bloom-
field was the name of the property of Hon. Hugh Bell; Almon
was given in compliment to an old and influential family, renowned
for their adherence for generation after generation to the learned
profession of the physician and surgeon; Macara, because of the
large property in that district owned by a widow lady of that
name; Bilby, because a man (who I am told is still Uving at a
most advanced age) owned and occupied a house at the spot
in Gottingen street from which the street was run.
The street which begins at St. Andrew's cross and runs in a
north-west direction and is called Windsor street, derives its
20 NOVA SCOTIA HISTORICAL SOCIETY.
name from the simple fact that it was the original road from
Halifax to Windsor, then one of the most important towns in
the Province.
Kempt Road was surveyed and made during the adminis-
tration of Sir James Kempt, as a substitute for, or an improve-
ment on the Windsor road, the hills being less precipitous; in-
deed, in this respect there could not be a more advantageous
outlet from the town to the western portion of the Province.
The Lady Hammond Road, which runs from Richmond,
to the Three Mile House, was made during the administra-
tion of her husband Sir Andrew Snape Hammond, who was
Lt.-Govemor from 1731 to 1733, and who, I have been told,
had a private residence on, or near to the Governor's farm, hard
by the Merkel property.
We now reach some of the quite modem streets, and it is a
pleasing feature that there has been a certain method main-
tained in their nomenclature.
For example: we have what may be termed "groups of
streets" — ^those on a certain newly laid out lot — called by the
great oceans of physical geography— Pacific, Atlantic, Indian,
Arctic, Polar street.
Then, a group named after some of the leading cities of Eur-
ope— Vienna, Berlin, Paris, Edinburgh, London, Liverpool, and
Cork.
Then again, those lately laid-out streets near St. Andrew's
Cross, whose names remind us of the famous siege of the strong-
hold of Cape Breton — ^the Dunkirk of America — ^Louisburg,
Pepperel and Shirley streets.
And some from the names of trees which we are to suppose
will be planted as shade trees in order to carry out the projector's
idea; as Cedar, Maple, Walnut.
NOMENCLATURE OP THE STREETS OP HALIFAX. 21
A few other lanes and streets have within a short space of
time been opened up, but they are not of much interest, looked
at from an historical point of view. Some few there are con-
cerning which I have been unable to obtain any data on
which to make any positive statement, as for instance Oxford
street, than for which it appears to me no more inappropriate
title could have been given. With respect to the name "Rich-
mond", now and for some years applied to that district known
as the Governor's North Farm or the Grove, I can ascertain
no information whatever. Although it is manifestly a modem
name, none to whom I have applied can tell me anything beyond
this: — that the place was first called Richmond during the time
that the late John Edward Starr conducted a large business on
the site of the present Sugar Refinery. It is probable that he
so designated the district.
There are a few other streets, the origin of whose names are
90 obvious that I need make no other allusion to them than that
they were simply so called from the owners of the property
through which they ran.
In brief conclusion, we cannot help observing that the nomen-
clature of our streets is for the most part not mere random, but
the result of design. Many of them are called after British
statesmen, connected with the establishment of the colony;
many of them are called after citizens of renown, and whose
memories we love to honor; many after men of high position
and attainments who were sent here to discharge the functions
of responsible offices, as Governors, Generals, Admirals, and
Commissioners.
The modes of commemorating men who have served their
country, their king, or their God are various; sometimes their
survivors erect tombstones in the cemetery; sometimes they
affix to the walls of a church tablets of marble or brass; some-
times memorial windows in buildings, dedicated to philanthropy
or other sacred purposes, remind posterity of their existence
and their virtues; sometimes hospitals, asylums, libraries, bear-
22 NOVA SCOTIA HISTORICAL SOCIETY.
ing the name of the honored or beloved, are built and endowed;
but while marble may crumble, and institutions die out, the
streets of cities and the roads of countries will retain their names
so long as the lands themselves shall last, and be known after
centuries, as is to-day known the Via Sacra of the eternal city
Rome; "Ibam forte via Sacra," as says Horace in one of his
charming lines, as is to-day and shall be hereafter known the
"Fleet Street" of London, even though grass should grow upon
its adamantine base, by the simple utterance of the illustrious
Johnson, "Sir, let us take a walk down Fleet street."
LIST OF PAPERS.
IvIST OF PAPERS.
23
Rkad bbpore the Nova Scotia Historical Society Junk 21, 1878, to Jan. 20, 1911
Date.
Whence Obtained.
Published in
Collections.
1878.
June 21
Sept.
Oct.
Nov.
1879.
Jan.
tfar.
Inaugural Address
History of St. Paul's Church. Part I . .
Autobiography of Revd. Wm. Cochran,
Telegraphy in Nova Scotia and neigh- .
boring Provinces
Hon. A. G. Archibald .
Rev. Dr. HiU
Rev. Dr. Cochran . .
G. E. Morton, Esq .
Vol.
do.
p. 18.
35
June
Nov.
6
1880
Feb.
Mar.
Apr.
5
11
1
May
6
May
13
June
3
Nov.
11
Dec.
3
Early Settlement of Shubenacadie . . .
Jotunal of Colonel Nicholson at Siege of
AnnapoUs
Translation from the French, relating
to the religious beliefs of the Indians
prioi to the discovery by Cabot . . .
Journey to Yarmouth in 1 7 — by Mather
Byles
Miss E. Frame . .
T. B. Akins, Esq.
Vol. i. p. 59.
Robt. Morrow, Esq .
Hon. Dr. Almon . . .
1881.
Jan.
Feb.
Mar.
Apr.
May
Sept.
Oct.
Not.
Dec.
J. J. Stewart, Esq . .
Rev. Dr. Hill
T. B. Akins, Esq. . .
do.
Early Journalism in Nova Scotia
History of St. Paul's Church. Pts II III
1 Governor Cornwallis and the First
Council
Witherspoon's Journal of the Siege of
Quebec
Walter Bromley and his labors in the
cause of Education, by late John
Young. (Agricola)
Sketches of the Winniett, DeLancy,
and Milledge families | W. A. Calnek, Esq .
Revolutionary Incidents in Nova Scotia
1776-1778
Sketch of Brook Watson, by Revd.
Hugh Graham
Brook Watson's account of the Expul-
sion of the Acadians
Vol.
Vol.
Vol.
vi. p. 01.
ii. p. 63.
ii. p. 17.
Vol. ii. p. 31.
Early History of the Dissenting Chur'h
in Nova Scotia
Biographical Sketch of Rev. Jas. Mur-
doch
Biogtaphical Sketch of Alexander Howe
Account of the Manners and Customs of
the Acadians, with reinaiks on
theii removal from the Province ;
by Moses Delesderniei , 1795
Letter (dated June 27, 1751) from Sm-
veyor Morris to Governor Shirley,
with a plan for the removal of the
Acadians
Extracts from the Boston News Letter,
1704-1760, and from Halifax Ga-
zette 1752 ^
Judge Croke (a Biography)
Chapter from the life of S G W Archibald
Government House
Nicholas Perdue Olding, (a Biography) .
Petitions to the Council of Massachusetts
Bay from residents of Yarmouth,
and from Council of Cumberland .
Proposal of Capt. John Allen as to cap-
ture of HaUfax and conquest of
Nova Scotia
J. T. Bulmer, Esq . .
J. T. Bulmer, Esq .
do.
do.
Vol.
Vol.
ii. p. 135
ii. p. 129.
Rev. Dr. Patterson .
Miss E. Frame ....
W. A. Calnek, Esq .
Vol. ii. p.' 100
T. B. Akins, Esq.
do.
Miss E. Frame
Hon. Sir A. Archibald
Israel Longworth, Esq
Hon. Sir A. Archibald
Rev. Dr. Patterson . . . .
T. B. Akins, Esq .
1 do
Vol. ii. p. 110.
Vol. iii. p. 197.
Vol. ii. p. II
24 NOVA SCOTIA HISTORICAI, SOCIETY.
PAPERS READ BEFORE THE N. S. HISTORICAL SOCIETY. — {Continued.)
Datb.
Whence Obtained
Published in
Collections.
1882.
Jan. 5
Feb.
Mar.
July
Oct.
Nov.
Dec.
1888.
.Tan.
Mar.
Apr.
May
.Tuly
Nov.
Dec.
1884.
1885.
Feb.
5
Mar.
12
Apr.
9
May
7
Oct.
Nov.
1
5
Nov.
5
Dec.
3
1886.
Jan.
Feb.
7
11
May
Dec.
13
2
Who was Lebel?
Nomenclature of the Streets of Halifax .
A visit to Louisburg
History of St. Paul's Church. Part IV. .
Chapter in the Life of Sir John
Wentworth . . . _. _
Edward How and his family
M. S. Journal of Mr. Glover, Secretary
of Admiral Cockburn, when con-
veying Napoleon to St. Helena in
1816
The Province Building . . . ._
Early Reminiscenes of Halifax
The Stone Age of the Micmacs
Newfoundland, past, present and future
Early Life of Sir John Wentworth . . . . .
Nomenclature of the streets of Hafx pt ii
Tour with General Campbell, in July
and August, 1876, along the
coasts of Nova Scotia, by Lieut.
Booth. R. E . . W
Jan. 3 Celebrated persons who have visited
Nova Scotia
Mar. 6 Ships of War wrecked on coasts of No-
va Scotia and Sable Island in 18th
century
May 1 Hon. S. B. Robie (a Biography)
Nov. 1 3 Plans submitted to the British Govern-
ment in 1783 by Sii Guy Carleton
(1.) For the founding of a Seminary of
learning at Windsor, N. S
(2.) For the establishment of an Episco-
pate in N. S
Dec. 4 Samuel Vetch. 1st English Governor
of Nova Scotia
Samuel Vetch. 1st English Governor
of Nova Scotia. Part II
Exodus of the Negroes in 1791, with
extracts from Clarkson's Journal
Saga of Eric the Red, with an account
of the discovery of Vinland. Trans
lated (by Capt. Ove Lange)
Early History of St. George's Church
Part I-II
Old Churches of Comwallis and Horton. .
Letters from Rev. Jacob Bailey to Rev
Mather Byles
Letter from Duke of Kent to Dr. Wil-
liam Almon
The League of the Iroquois
iJas. Hannay, Esq. St
John, N. B
Rev. Dr. HiU
P. Lyncli, Esq
Rev. Dr. Hill
Hen. Sir A. Archibald
W. A. Calnek
Nepean Clarke, Esq .
Hon. Sir A. Archibald
P. Lynch, Esq
Rev. Dr. Patterson . . .
E. Hepple Hall, Esq . .
Hon. Sir A. Archibald
Rev. Dr. Hill
Vol. XV,
voi.ai.p, ij.
Vol. iv. p. 247.
T. B. Akins, Esq.
P. Lynch, Esq .
S. D. Macdonald, Esq.|Vol. ix. p. 119.
Israel Longworth, Esq J
Expmlsion of the Acadians. Part I . . .
Method of the Acadian French in cul-
tivating their land especially with
regard to raising wheat
Judge Isaac DesChamps 1785 ....
Bermuda
2 Centennial Memories
T. B. Akins, Esq. . ..
Rev. Dr. Patterson . . .
do
Hon. Sir A. Archibald
P. Jack, Esq
Rev. Dr. Partridge .
Rev. A. W. Eaton .
Hon. Dr. Almon . . .
Rev. Dr. Patterson .
Hon. Sir A. Archibald
T. B. Akins, Esq
Hon. Sir A. Archibald
Rev. Dr. Bums
Vol. vi. p. 128.
Vol. iv. p. 11.
Vol. iv. p. 64.
Vol.vil.p. 129.
Vol. vi. p. 187
Vol.
p. 11
LIST OF PAPERS 26
PAPERS READ BEFORE THE N. s. HISTORICAL SOCIETY. — {Continued.)
1887.
Jan.
Feb.
Mar.
Mar.
Apr.
Apr.
Not.
Dec.
10
1888.
Jan.
20
Feb.
24
Feb.
29
Mar.
27
Apr.
10
Nov.
i:i
Dec.
20
1889.
Jan.
12
Vinland
Early Reminiscenes of Halifax, Part II . ,
Early Hist, of St. George's Church Pt. II,
Acadian Boundary Disputes and the
Ashburton Treaty
Colonist Plants of Nova Scotia
Memoir of John Clarkson, by his bro-
ther, (the celebrated) Thos.
Clarkson
A Study of ' 'Sam Slick' '
Early Journalism in Nova Scotia
Statement with reference to "French
Cross' ' at Ayles ofrd
The settlement of the early Townships
Illustrated by an old census
T. C. Haliburton, Writer and Thinker .
The Aroostook War ._
Howe and his contemporaries
The Loyalists at Shelbtu-ne
Photographs on Rocks at Fairy Lake
North West Territory and Red River
Exijedition
Apr.
Nov.
Dec.
9
12
10
1890
Feb.
Nov.
Dec.
13
18
9
1801
Jan.
Jan.
Jan.
Feb.
10
15
20
10
15 The Early Settlers of Sunbnry County . James Hanney, Esq., a
St. John, N. B
J. Mascarene Hubbard
Boston
9|Legends of the Micmac Indians |Rev. S. T. Rand
Memoir of Governor Paul Mascarene .
Hon. L. G. Power ...
P. Lynch, Esq
Rev. Dr. Partridge . .
Judge R L Weatherbe
Dr. Geo. Lawson ....
Hon. Sir A. Archibald
F. B. Ctofton, Esq
J. J. Stewart, Esq . . .
John E. Orpen, Esq.
D. AlUson. Esq. . . .
F. B. Crofton, Esq..
C. G. D. Roberts, Dr
Hon. J. W. Longley.
Rev. T. W. Smith . .
Geo. Creed, Esq ....
Lt.-Col. Wainwright
Mar.
Nov.
20
10
1802.
Jan.
Feb.
Nov.
Dec.
United Empire Loyalists .
Inquiries into the History of the Aca-
dian District of Pisiquid
History of Beaubasin
Early Reminiscenes of Halifax, Part III
An Historical Note on ' 'John Crowne' '
Agricola by Joe Howe
Richard John Uniacke
The Portuguese on the North East
Coast of America, and the first
European settlement there _. .
Facts and enquiries concerning the ori-
gin and early history of Agricul-
ture in Nova Scotia
Reminiscences of Halifax, Part IV ... .
C. F. Eraser, Esq .
H. Y. Hind
Judge Morse, Amherst
P. Lynch, Esq
Prof. A. McMechan . . .
Vol. vii. p. 17.
Vol. vii. p. 73.
Vol. vi. p. 17.
Vol. vi. p. 91.
Vol. vii. p. 45.
Vol. vi. p. 53.
Sydenham Howe
Hon. L. G. Power . . . .
Rev. Geo. Patterson .
Prof. Geo. Lawson . . . .
Peter Lynch, Esq., Q. c
Vol. ix. p. 73.
12 Extracts from Old Boston Papers Miss Eliza Frame ....
9 Hooped Cannon found at Louisburg . . . Rev. Geo. Patterson
;! I D. D
Journal kept by Rev. Dr. Mather Byles I
in London, 1784 (Hon. W. J. Almon
13|Chapter in History of Onslow jlsrael Longworth |VoL IX.
26 NOVA SCOTIA HISTORICAIv SOCIETY.
PAPERS READ BEPORE THE N. 8. HISTORICM, SOCIETY. — (Continued).
Date.
Author
Whbrb'c
Printed.
1893.
Jan.
Feb.
Apr.
Jnly
Nov.
Dec.
10
Rambles among; the Leaves of my Scrap
Book
The I.cs: of a Halifax Privateer in 1 757 .
Sir William Alexander and Scottish
Attempt to Colonize Acadia
Royal William- ' Steamship
Voyages and Discoveries of the Cabots.
W. H. Hill
Archd. MacMechan . .
Rev. Geo. Patterson,
D. D
Sii Sandford Fleming
Rev. Moses Harvey . .
Vol. X. p. 93.
Vol. IX.
12
Recollect Fathers in Canada Geo. Patterson, M. A.
1804.
Feb.
Mar.
Nov. 27
1895.
F. Blake Crofton . . . .
Rev. Geo. Patterson,
D. D.
Jan.
Feb.
Mar.
Dec.
Critical Observations on Evangeline. . .
Origin and History of Names of Places
Nova Scotia |
Louisburg jj. Plimsoll Edwards . . iVol. IX.
Irish Discovery of America IHon. L. G. Power . .
History of the Dockyard, Halifax JCharles Stubbing Vol. XIII.
Early Military' Life in Halifax .
Early Life in Halifax
1896.
Feb.
Apr.
1897.
Apr. 13
Nov.
Dec. 14
1808.
Jan. 21
Feb. 17
Mar. 15
French Protestants in Nova Scotia
Historical Gleanings
History of Wilmot and Aylesford
Reminiscences of N.W.Rebellion in 1885
Loyalist Makers of Canada
Scottish Immigrants to Cai>e Breton .
Benj. Marsden of Marblehead ,
Slaverj' in the Maritime Provinces . .
Apr.
Nov.
Dec.
Early French Missionaries at Port Royal
Hist, of the Courts of Judicature of N. S.
History of the Law and Courts of N. S . . .
W. H. Hill I
W. L. Brown I Vol. XIII.
Rv. G. Patterson, d. d.
Dr. H. Y. Hind
Rv. E M Saunders D D
RvjD M Gordon, D. D
Sir J. G. Bourinot . . . .
Mrs. Chas. Archibald .
Rev. W. O. Raymond .
Rev TW Smith, D.D .
Mrs. J. M. Owen
Chf . Jus. Townshend .
S. Cydney Harrington .
Vol. X.
1899.
(
Jan.
10
Jan.
17
Feb.
14
Mar.
14
June
21
Nov.
Ifl
Dec.
12
1900
Feb.
U
Mar.
29
Nov.
20
Dec.
11
Military History of Nova Scotia J Harry Piers.
Origin of Nova Scotians
History of Education in N. S. . . ,
Freemasonary in Nova Scotia . . .
Hon. Edward Comwallis
Chancery Courts of Nova Scotia .
Military History of Nova Scotia.
II ... .
Lord Dalhousie
Benjamin Marsden . . .
Legend of Evangeline
The War of 1812
Sir John Bourinot . . .
Dr. A. H. MacKay . . .
Hon. Wm. Ross
Jas. S. Macdonald . . .
Chf. Jus._ Townshend .
Harry Piers
Archd. MacMechan . .
Rev. W. O. Raymond
Rev. Dr. Brock
Dr. Hannay
Vol. XII.
Vol. XL
LIST OF PAPERS. 27
PAPERS READ BEFORE THE N. s. HISTORICAL SOCIETY. — (Continued).
Date.
Whbrb
Printbd.
1901.
Jan. 15
Feb. 26
Nov. 26
1902.
Feb. 11
Mar. 12
Nov. 25
Dec. 9
1903.
JaB.
Feb.
Mar.
Apr.
Dec.
Jan.
Mar.
Apr.
Dec.
Jan.
Governor Lawrence
Capture of St. Pierre, 1795
The Real Acadians
Lord Charles Greville Montague
Notes on North'n portion of Queens Co .
Hon. Alex. Stewart
John Cabot .
Jas. S. Macdonald .
Rev. T. W. Smith . .
Archd. MacMechan .
E. F. Hart
R. R. McLeod
Chief Justice Sir Chas.
J. Townshend . . .
Seoator Poirier ....
Vol. xn.
VoL XIV.
Vol. XV.
23
1004.
Relations and Conditions of Halifax
during Revolutionary War
Hon. Joseph Howe
Periodicals of the Maritime Provinces
from the earUest Ttimes to the
Present . _
Rev. John Wiswell and his Times ....
History of St. Matthew's Church, Hal'x
Richard Bulkeley
Notes on Nova Scotia Privateers .
Duke of Kent
Old Time Customs
Miss Emily Weaver . .
F. Blake Crofton ....
D. R. Jack, St. John
Rev.E M Saunders, d d
Prof. W. C. Miuray
Jas. S. Macdonald . . .
Geo. E. E. Nichols . . .
A. Martin Payne ....
J. B, Calkin
1905.
11
Mar.
Dec.
28
5
1906
Jan.
Mar.
Dec.
1907
23
13
11
Mar.
Apr.
May
Nov.
1
9
14
12
Dec.
10
1908
Jan.
14
Feb.
25
Mar.
Apr.
Nov.
24
21
10
Account of Celebration of Ter-Centen-
ary of DeMonts' Landing at An-
napolis
Sir Samuel Cunard
Halifax in Literature
Lt.-Gov. Prancklin
Sir Guy Carleton
Washington Treaty. 1871 .
Mr. Justice Longley .
A. Martin Payne . . .
Archd. MacMechan .
Jas. S. Macdonald .
Dr.Geo.Johnstone,D.c.i.
Mr. Justice Longley
Vol. XIII.
VoL XII.
Vol. XIII.
Vol. XTV.
Gov. Parr and the Loyalists Jas. S. Macdonald . . . ,
Governor DesBarres' and Sydney J Rev. C. W. Vernon . .
jW. C. Milner
Miss Agnes Creighton
Jas. S. Macdonald . . .
History of Beausejotu'.
Existing historic rehcs of the Town of
Lunenbiu'g
Sir Geo. Prevost
The Militia of Nova Scotia, 1749-1830
John Young, (Agricola) the Junius of
N.S
LettersofS.S. W.Archibald, 1800 & 1820
Customs of the Micmac Indians
Louisburg, a notable ruin
VoL xrv.
Vol. XV.
Major J. Plimeoll
Edwards ....
John Ervin
Judge Patterson .
H. W. Hewitt
John S. McLennan
A Phamplet
jmb. by Society
2S NOVA SCOTIA HISTORICAL SOCIETY.
PAPERS READ BEFORE THE N. s. HISTORICAL SOCIETY. — {Continued).
Date.
SUBJBCT.
Prom Whence.
Whbkb to bb
POUND.
Dec. 8
1909.
Fisheries of British North America and
the United States Fishermen
Jan. 19 Ancestry of Chinese Gordon
Jan. 19 Early settlers of Lunenburg
Har. 9 Ancestry of the late Sir W. Fenwick
t(V Williams of Kars
Mar. 9|Sea Fights, gleaned from Prov. Archieves
Nor. 9 United States Loyalists
Dec. 14 S. African campaign and Contingent . . . .
1910.
Jan. 18 Capt. Jas. Cooke, R. N
Mar. 8 Lt. Gov. Michl. Franklin (2nd paper) . .
Apr. 12 Memorials of Grand Pre and Basin of
Minas
Nov. 4|Free Masonry in N. S. Part II
Dec. 2 The Trent Affair
1911.
Jan. 20
Feb. 14
The Old Mail Routes and Post Roads
of Nova Scotia E. Lawson Fenerty .
Temperance Legislation in Nova Scotia,
1749-1849 Ijudge Chesley
Mr. Justice Graham . .
Dr. R. C. Archibald . .
Rv. John Forrest, d.d .
I Judge Savary
John Mullane
Theodore H. Hoggs .
H. B. Stairs ,
Lt. J. A. R. Jones . .
Jas. S. Macdonald . .
Geo. Johnson, d.c.l.
Hon. W. Ross
Geo. Johnson, d.c.l .
Vol. XIV.
INDEX TO LIFE OF A. STEWART, C.B.
INDEX.
Archibald and Robie's opinion 6
Appearance, personal 13
Attack on appointment to I/Cgislative Council 56
Attack on appointment to Executive 57
Assembly resolutions on appointment 65
Appointment as Master of Rolls 75
Abuse of Stewart 74
Admiralty Court 88-91
Amendment of Procedure 84-83
Birth and Parentage 3
Brandy question 27-29
Bath, order of, conferred 98-99
Career and name forgotten 2
Case, law and principles lO-li
County influence 15
Catholic Emancipation 21-26
Coimdl of Twelve 24-26
Character House of Assembly 32-37
Club 37-34
Council Message 35-37
Customs 45
Council, attack on 51
College 53
Cumberland Address 81
Confederation views 78-79
Chancery Court 83
Chancery Court, abolition 95-96
Cases in Chancery 80-37
Correspondence 104-lo6
Death of King 42
Dissolution of House 42
30 NOVA SCOTIA HISTORICAL SOCIETY.
Duty on Brandy 42
Delegates of Province 62
Delegates of Legislative Council 64
Death Ill
Education 3
Early struggles 4
Education bill 19
Executive Council appointment 65
Executive Council Composition 71
English and American friends 7B
Halifax, removal to 17
Howe's resolution, speech on 6Q
Impoverished position 6
Insolvency of partne 5
Judges Supreme Court 26
Legislative Council appointment 56-66
Mercantile Career 4
Marriage 4
Master of Rolls appointment 17
New Brunswick bar 10
New Election 42
Nova Scotia, Bank of 46-50
Political career 11-12 18
Pictou Academy 20
Petition against his return 20
Questions agitating Province 10
Reformers in Politics 12
Revenue, appropriation of 81-20
Revenue Bill 28-32
Stewart, action considered 63
Wife's death 5
Young's attack 59
Years, last 110
INDEX TO RECORDS OF CHIGNECTO.
A
Aboideau built 15
Acadians, surrender 22
deportation 23
return of 25
" seizure of, at Nepisiquit 25
Adams, Capt 17
Allison, Charles F 77
Allan's, Col., letter to Continental Congress 48
Amherst, settlement of township of 59
Archibald, S. G. W 52
Assault by Col. Eddy on Fort Cumberland 47
Assembly, First, of Nova Scotia 55
Ayre, Commodore 79
B
Baie Verte 3
Baker, Charles 47
Belliveau's adventures 25
Bergier, Sieur 9
Biencourt 4 5
Bois Herbert 3 29
Botsford, Amos 47
Beaubassin burned 13
Beausejour, capture of 19
C
Colonel Joshua Chandler 77
Caulfield 5
Capt. Church 2
Church, First Methodist in Canada 79
Church, First Baptist in Canada 79
Crane, William 76
Cormier, Anne 8
Comwallis 11
Cumberland township, settlement of 57
Cumberland representatives in N. S. Assembly 56
Copt. Micmac Chief murders How 00
D
Danke's, Capt., death 32
De Villeray surrenders Gaspereau 20
Deed, first, registered 59
Delesdemier, Moses .59
DesBarres, Col 81
DeVilliers 26
Disloyalty in Nova Scotia 46
Dixson, Major Thomas 33 48
Dixon, Charles 78
32 NOVA SCOTIA HISTORICAL SOCIETY.
E
Eddy war 45
Eddington, Me 50
Eagleson, Parson 53
F
Frye, Major, repulsed at Petitcodiac 22
Franklin, Michael 47 4g
Falconer, Capt., joins rebels 48
G
Gaspereau 12
Galland family 8
Gay's, Col., duel 28
Gould, Zedore 26
Government, seat of, at Chignecto. 7
Graham's, Hugh, story 31
Gooden family. 59
Grandfontaine, M 6
Guerilla warfare 3
Gorhams, the three 39
H
Hanington, William 83
Hay, Ensign, killed 19
How, murder of 14
Howe, Capt 50
Huston, Capt. John 14 32 39
I
Indians 37
Immigrant Road settled 84
Irishtown Road settled 84
LaValliere 7 9
tefebvre. Father 78
LeFrance, Father 78
La Come 12. . . 13
La Villieu 9
Lawrence 13
Lawrence Government challenged 37
La Loutre 3 9
Loyalists settle at Ramshag and Cobiquid 54 56
M
Massachusetts Assembly acts 11
Massacre at La Coup 00
" Gaspereaux 00
M. Marsen 8
Metcalf's, James, letter. : 63
INDEX. 33
Menach, Priest 20
Minas q
Monckton Monument 34
Monckton, Col 16 20 39
Morse, Joseph 40
N
Newcombe, Simon 86
Noble, Col 3
P
Paris, John Fernando 37
Pichon's treachery 21
Petitcodiac settlers 80
Phillips, Chaplain 29
Purdy, the family 64
Pont h Buot 17 18
Powell, Solomon of Richibucto 84
Prison at Pisiquid 27
R
Representatives of Westmorland in N. B. Assembly 73
Rayworth, John , 84
Registry, first, ofl&ce 59
S
Settlers, first at Sackville 64
Sackville, first town meeting 67
Scalping 31
Shirley, Governor 3
Scott, Capt 15 19
Shediac, settlement of 83
Seamans, Rev. Job 79
T
Tantramar, destruction of 26
Tolar Thompson 74
Thomas, John 16
Tupper, Sir Charles 86
V
Virgor 15
Uniacke, Richard John 48 51 56
W
Watson, Sir Brook 14 38
Winslow, Col 23
Winslow, Gen. John 14 28
Woods, Rev. Thos 30
Y
Yorkshire immigration 40
COLLECTIONS OF THE NOVA SCOTIA HISTORICAL
SOCIETY.
Vol.
L Inatigural Proceedings. History of St. Paul's Church
(/). Journal of Colonel John Nicholson at the Cap-
ture of Annapolis. An Account of Nova Scotia in 1743.
Diary of John Thomas, out of print.
II. Proposals for Attack on Nova Scotia. The First Coun-
cil. Journal of John Witherspoon. History of St.
Paul's Church (II, III). Rev. James Murdoch. Sir
Alexander Croke. The Acadian French, out of print,
III. History of St. Paul's Church (IV). Journal of Col-
onel John Winslow. Government House.
IV. Hon. Samuel Vetch. Winslow's Journal at the Siege
of Beausejour.
V. The Expulsion of the Acadians. Gordon's Journal at
the Siege of Louisburg, 1758. out of print.
VI. Acadian Boundary Disputes and the Ashburton Treaty
The Loyalists at Shelburne. Early Journalism in Nov.
Scotia. King's College. History of St. George's Church
VII. Vinland. General Return of Townships, 1767. His-
tory of St. George's Church (II). Letters relating to Har-
rison, Anwyl, Tutty. Deportation of Negroes to Sier-
ra Leone.
VIII History of Halifax City, by Thomas Beamish Akins.
NOVA SCOTIA HISTORICAL SOCIETY. 35
Vol.—
IX. Voyages and Discoveries of the Cahots. The Township of
Onslow. Richard John Uniacke. Ships of War Lost on
the Coast of Nova Scotia and Sable Island. Louisbourg;
— an Historical Sketch.
X. The Slave in Canada, by Rev. T. Watson Smith, D. D.
XI. The War of 1812, by James Hannay.
XII. Hon. Edward Cornwallis. Governor Lawrence. Richard
BtUkeley, three portraits, by Jas. S. MacDonald.
XIII Rev. John Wiswall. Recollections of Old Halifax. H.
M. Naval Yard, Halifax. Nova Scotian Privateers.
XIV. Tercentenary Celebration of the Founding of Annapoiis.
The British North America Fisheries and the United
States Fisherman. Capture of St. Pierre, 1793. Gov-
ernor Parr with portrait and Hatchment.
XV. Hon. Alex. Stewart, C. B., with portrait. Beausejour,
Maps and portraits. Nomenclature of the Streets of
Halifax with portrait.
RiMRiMri Li.qr FFB 1 5 WR
F Nova Scotia Historical
5250 Society
N6 Collections
V.U-.15
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