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'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. 


Wm. Macnab & Son. 





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 


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 



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- 

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. 


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 




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. 



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 

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. 



Revised May 27, 1910. 

1. The Society shall be called The Nova Scotia Historical 


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. 


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 

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 

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. 







President : 

Jambs S. Macix>nald. 

Vice-Presidents : 

Yen. Akcbdbacon Akmitage. 

Dr. M. a. B. Smith. 

Corresponding Secretary : 

Harry Piers. 

Recording Secretary : 

W. L. Payzant. 


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. 




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. 



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.) 


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 






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 


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- 
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 


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 — 


in every form that ingenuity could devise. It was the first 
stumbling-block and the last obstacle to the conclusion of the 

This question, which ultimately led to the Convention of 1818, 
between the two countries, was rife during the intervening 

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. 


liave conceded the position, and by the condemnations of the 
Vice-Admiralty Court at Halifax, submitted to on so many 

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. 


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: 


"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." 


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^ 


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. 


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 


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. 


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 


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 

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 


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 

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." 


" 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 

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 

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. 


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 



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- 


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. 


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 


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." 


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. 


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. 


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. 


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 

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 


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." 


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 


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 


clear that entering the specified waters for any other purpose 
than wood, water, shelter or repair is a violation of the Convention. 


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 


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. 


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 


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 

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.) 


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 

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 


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. 


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 


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 


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 


reason of an enforcement of that interpretation on the part of 

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." 


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 

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 


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. 


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. 


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 


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 

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 


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. 



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 

"They humbly approached Her Majesty with their com- 
* plaint against the citizens of the United States, who violate 


'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: 


"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 

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 


"^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." 







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 



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 

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 


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 

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, 


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 

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." 


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 


named him "Our Cock Robin" which stuck to him, until they" 
buried him ten years after his arrival, under old Saint Paul's. 

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 


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 


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 


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 


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 


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 

"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 ? 


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. 


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 


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 . 


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- 


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 


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 


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. 


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 


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, 

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 

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 


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. 


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, 


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 


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. 


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 

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 



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- 

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 


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,— 


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/. 


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 


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 

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- . 


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 


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. 


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- 

In 1788 there was a number of the English aristocracy in 
Halifax, who with their wealth and lavish entertainments, con- 


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 

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. 


Shelbume he visited, and he corresponded with several of tbe 

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 


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 

"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 


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 

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 


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 

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. 


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. 





Courtesy of 
Rector and Church Wardens St. Paul's, 
Halifax, N. S. 



(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. 



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 


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. 


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 

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 


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, 


of the British warship on the Newfoundland station to visit the 
islands to see that the specified conditions were being complied 

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. 


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. 


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 


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- 


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 . " 


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 


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- 

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 


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- 

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- 


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 


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 

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- 


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 


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 


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, 


"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 


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 

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 


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 


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: 


"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 

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 


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. 


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," 


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. 




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 

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. 


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. 


ANNAPOLIS, 1604-1904. 


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 


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- 

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- 

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. 


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 


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 

I have the honor to be, sir, Yours, 


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- 

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 

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 


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. 


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 


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- 

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 


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 : — 
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 

5. Address by Capt. Dillingham, Representative of United 

6. Poem — Mr. J. F. Herein. 

7. Address — Sir Fredk. Borden, Representing Dominion Gov- 

8. Address — Hon. A. Turgeon, Representing Quebec Govern- 

9. Address — His Grace The Archbishop. 


In his opening speech the President of the Historical Society 

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. 


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 


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 


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- 


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. 


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 


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- 


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 


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 

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 


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 


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 : — 


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: 


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 

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: 


"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 

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 


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. 


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. 



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. 




Read before The Nova Scotia Historical Society June 21, 1878, 
TO June 21, 1910. 




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 

Whence Obtained. 


Jan. 2 Early Settlement of Shubenacadle 

Mar. 6 Journal of Colonel Nicholson at Siege of An 


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 

June fi 

Nov. 6 


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 




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, 


Sketch of Brook Watson, by Revd. Hugh 


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.. 


J. T. Bulmer, Esq 

W. A. Calnek, Esq . . . 
J. T. Bulmer, Esq 

Published in 

Vol. i 

p. 18. 

VoL i. p. 59. 


vi. p. 91. 
ii. p. 63. 
ii. p. 17. 

Vol. ii. p. 31, 


Apr. 7 

May 5 




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 

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- 


Rev. Dr. Patterson. 

Miss E. Fr,ame 

W. A. Calnek, Esq . 

T. B. Akins, Esq. 


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. 


ii. p. 110. 
iii. p. 197. 

VoL ii. p. 11. 






Nov. 2 
Dec. 7 


Jan. 4 
Mar. 1 
Apr. 5 
May 4 
July 12 
Nov. 16 
Dec. 6 



Mar. 6 

May 1 
Nov. 13 


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 

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 

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 


The League of the Iroquois 

May 13 
Nov. 4 


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 , 


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 . . . 

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 


Rev. Dr. Bums.. . 

Published in 

Vol. iii. p. 13. 

Vol. iv. p. 247. 

VoL ix.^p. 119. 



vi. p. 123. 
iv. p. 11. 

iv. p. 64 
vii. p. 129 p. 137. 


p. n. 

Vol. V. p. 39 





Jan. 14 

Feb. 3 

Mar. 3 

Mar. 16 

Apr. 7 
Apr. 7 

Nov. 10 


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 


Jan. 15 

lilar. 12 

Apr. 9 
Nov. 12 
Dec. 10 


Feb. 13 

Nov. 18 
Dec. 9 


Jan. 10 
Jan. 15 
Jan. 20 
Feb. 10 

Mar. 20 

Nov. 10 

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 

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. 
Coll. voLIX, 

Journal kept by Rev. Dr. Mather Byles in iHon. W. J. Almon . 

London, 1784 


Chapter in History of Onslow Ilsrael Longworth . . . - 





Jan. 10 
Peb. 14 
Apr. 27 
July 28 
Nov. 14 
Dec. 12 

Feb. 13 
Mar. 20 

Nov. 27 

Jan. 22 

Rambles Among the Leaves of my Scrap- 


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 


Feb. 11 
Apr. 23 


Apr. 13 

Dec. 14 

Early Life in Halifax . 

French Protestants in Nova Scotia . 
Historical Gleanings 


Jan. 21 
Feb. 17 

Mar. 15 

Asx. 12 
Dec, 13 

History of Wilmot and Aylesford 

Reminiscenes of N. W. RebelUon in 1885. 

Loyalist Makers of Canada 


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 


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 

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, 

N.'S. H. S. Col 
Vol. XIII. 
Synopsis in H« 
HWMkr, 13 94 
N. S. H.S Col- 
lections, vol. 

R. S. C. 
Hfx. Herald, 
Apr. 24, 1896. 

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 






1899. I 

Jan. 10 
Jan. 17 
Feb. 14 
Mar. 14 
June 21 

Nov. 16 
Dec. 12 


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. 


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 

Jan. 16 

Feb. 26 

26 Tb 


Feb. 11 
Mar. 12 
Nov. 26 


Jan. 23 

Feb. 10 
Mar. 10 

Apr. 14 

Dec. 16 


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 . 


Jan. 11 

Mar. 28 
Dec. 5 


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 . 


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. 


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 
Feb., 1907 

Amer. Hist. 

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. 

April, July, 


Author's M. S 
History of 






Mar. 1 

Apr. 9 
May 14 

Nov. 12 

Dec. 10 


Jan. 14 

Feb. 25 
Mar. 24 
Apr. 211 
Nov. 10 

Dec. 8 


Jan. 1 
Jan. 1 
Mar. 9 

Dec. 14 


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- 

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 


Major J. Plimeoll Ed 


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. 

Pub. in vol. 
XIV., transac- 
tions of Soc'y. 


"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. 


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. 


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 
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 
Lt.-Gov., asked to stay negocia- 
tions, surrendering fishing 
privileges, 19; 



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, 


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, 


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, 
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, 
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. 


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; 


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, 
Hammond, Lt.-Gov., disappointed, 

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. 



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; 


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. 


Negroes, shipped to Sierra Leone, 
400 arrived from New York, 54; 
3000 came with loyahsts, 57. 
North British Society founded, 1768, 
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- 
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- 
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- 



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, 

portrait, particulars of, 130; 

progress of N. S., during Parr's 
administration, 66; 

visited Port Roseway, inspected 
town, appointed ofScers and 
named settlement Shelburne, 

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, 

wrote Lord North in June, 1784, 
that 4000 refugees needed shel- 
ter and food, 56; 
Parr Town, N. B., settled in 1782-3, 

chief justice Finucane, sent to settle 
dissatisfaction, 56-57. 
Peace proclaimed with U. S. A., 
30 Nov., 1782, 47. 


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, 


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., 

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, 
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), 
Smith, Rev. T. Watson . Halifax and 
capture of St. Pierre, 1793, 
Stanley, Lord, upheld treaty, 15. 

Uniacke, Jas. B., chairman of com- 
mittee of N. S., legislature, 9. 


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, 

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; 




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. 



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. 



£o\)u Scotia J^i^xital ^otittv 



Wm. Macnab & Son, 







Title Page, 




Objects of Collections, 


Act of Incorporation, 


Act Amalgamating Collections, Management, etc.. 


Rules and By-laws, 


Officers and Members, — 1910, 


Ust of Presidents,— 1878-1910, 


List of Vice Presidents,— 1878-1910, 


Council,— 1878-1910, 


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 



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- 

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. 


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 




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. 



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 

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. 


Revised May 27, 1910. 

1. The Sodety shall be called the Nova Scotia Historical 


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. 


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. 


OP THE *^ 



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. 

R. J. Wilson. 


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. 




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., 

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. 


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. 


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. 

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). 



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 




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 

Thos. B. Aikins, David Allison,D.C.L., Mr. Justice Weatherbe 

Mr. Justice Weatherbe, Hon. Senator Power 

Hon. M. H. Richey. 

Mr. Justice Longley. Hon. Senator Power. 

Rev. John Forrest, D. D. 

Hon. Senator Power. Rev. Principal Forrest, D. D. 

Dr. a. H. MacKay. 


Hon. Senator Power. Mr. Justice Townshend. 

Dr. a. H. MacKay. 

W. H. Hill. Mr. Justice Townshend. Hon. Senator Power. 


Mr. Justice Longley. Senator Power, 

Mr. Justice Townshend. 


Mr. Justice Longley. Senator Power. 

Ven. Archdeacon Armitage. 


Mr. Justice Longley. Ven. Archdeacon Armitage. 

Dr. M. a. B. Smith. 

COUNCIL 1878-1910. 


Dr. W. J. AXMON. 
Jas. S. Macdonald. 
Rev. T. J. Daly. 
Geo. E. Morton. 


Dr. W. J. Almon. 
Rev. T. J. Daly. 
Geo. E. Morton. 
W. D. Harrington. 


Dr. W. J. Almon. 
J. J. Stewart. 
G. E. Morton. 
Wm. Compton. 

Dr. W. J. Almon. 
O. E. Morton. 
J. J. Stewart. 
Joseph Austen. 

Hon. Senator Almon. 
Dr. J. R. DeWolf. 
Jambs S. Macdonald. 
Peter Ross. 

Hon. Senator Power. 
Peter Lynch. 
R. J. Wilson. 
Peter Ross. 

Hon. Senator Power. 
W. D. Harrington. 
Dr. D. Allison. 
F. B. Crofton. 

R. J. Wilson. 
Dr. D. Allison. 
F. B. Crofton. 
W. D. Harrington. 

Sttt Adams Archibald. 
T. B. AiKiNS. 
Dr. David Allison. 
Rkv. Dr. Forrest. 


Judge Weatherbe. 
Dr. D. Allison. 
Peter Lynch. 
Rbv. Dr. Pollok. 

Peter Lynch. 
Thos. Bayne. 
Dr. Pollok. 
Pjster Ross. 

Hon. Dr. Almon. 
Thos. Bayne. 
Rev. T. W. Smith. 
Peter Lynch. 

Hon. Senator Almon. 
Peter Lynch. 
Dr. a. H. MacKav. 
Rev. T. W. Smith. 

Hon. Dr. Almon. 
Dr. a. H. MacKay. 
J. J. Stewart. . 
Rev. T. W. Smith. 

Hon. Dr. Almon. 
J.J. Stewart. 
Dr. Pollok. 
Rev. T. W. Smith. 

Hon. Dr. Almon. 
J. J. Stewart. 
Dr. a. H. MacKay. 
Rev. T. W. Smith. 

Hon. Judge Townshend. 
J. J. Stewart. 
Dr. a. H. MacKay. 
Rev. T. W. Smith. 

Hon. C. J. Townshend. 
J. J. Stewart. 
Dr. A. H. MacKay. 
Rbv. T. .W. Smith. 

J. J. Stewart. 
Mr. Justice Townshend. 
Rev. T. W. Smith. 
Prof. A. McMechan. 

J. J. Stewart. 
Mr. Justice Townshend. 
Prof. A. McMechan. 
Rev. T. W. Smith. 


Rev. Dr. Forrest. 
Rev. T. W. Smith. 
Prof. A. McMechan. 
Rev. Dr. Saunders. 


Rev. Dr. Forrest. 
Rev. T. W. Smith. 
Rev. Dr. Saunders. 
Prof. A. McMechan. 


Rbv. Dr. Forrbst. 
Rev. T. W. Smith. 
Rev. Dr. Saunders. 
Prof. A. McMechan. 

J. J. Stewart. 
Rev. Dr. Saunders. 
Rev. T. W. Smith. 
Prof. A. McMechan. 

Rev. Dr. T. W. Smith. 
J J. Stewart. 
Prof. A. McMechan. 
Rev. Dr. Saunders. 


Archibald Frame. 
Prof. A. McMechan. 
J. J. Stewart. 
Rev. Dr. Saunders. 

Rev. Dr. Saunders. 
Prof. A. McMechan. 
Arch. Frame. 
J. J. Stewart. 

Rev. Dr. Saunders. 
Dr. a. McMechan. 
J. J. Stewart. 
Archibald Frame. 

Dr. a. McMechan. 
J. J. Stewart. 
Archibald Frame. 
Harry Piers. 

J. J. Stewart. 
J. P Edwards. 
A. H. Buckley. 
Archibald Frame. 

Jambs S. Macdonald. 
A. H. Buckley. 
Archibald Frame. 
G. W. T. IrviNG. 

Archibald Frame. 
A. H. Buckley. 
G. W. T. IrviNG. 
J. H. Trefry. 

G. E. E. Nichols. 
A. H. Buckley. 
Dr. a. McMechan, 
G. W. T. Irving. 







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- 


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. 


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 


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- 


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 


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 



"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 


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 


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 


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. 


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. 


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 


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 

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 


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- 


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 


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 


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 


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 


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 


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 


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- 


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 


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 


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. 


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 


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 


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 


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 


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 


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 


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 


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 


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, 


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 


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 

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 


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: 


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 


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 


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 


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 


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 


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 


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 


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 


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 


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 


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 


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 


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 : 



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. 


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. 


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 


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 


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. 


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- 

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 


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 


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., 


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. " 


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 


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 


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 


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- 


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 


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. 


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, 


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 


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 


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 

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 


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 


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 


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. 


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. 


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." 


" 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 


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 

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. 


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 


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. 


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, 


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 


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 — 


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 


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 


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: 


"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. 



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, 


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 


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, 


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 


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. 


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. 


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 


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 


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 


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 


/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 


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. 


"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 

"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 

"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. 


"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- 


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 


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. 


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 

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 

"Having had occasion in my despatch No. 48, dated May 
1st, 1855, to mention the creditable conduct of the Master of the 



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 


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 


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 


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. 


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." 


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 

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 


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 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 


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 

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- 

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 


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- 

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 

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 


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." 


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 

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 


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." 


"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 


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. 


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. 


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 


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 


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 

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 


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- 


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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 


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- 


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 


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 

The history of this district embraces four periods: — 

1st. Acadian settlement 

2nd . New England Immigration. 

3rd. Yorkshire Immigration. 

4th. Loyalists. 


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 


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 

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." 


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 



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 


in the wilds of Hudson's Bay and at another a beau gallant at 

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 


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 


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. 


(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 

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 


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. 



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. 


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 


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 



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. 


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 

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- 

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 


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. 


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 


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 

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 


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 

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. 


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- 


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- 




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 

Bay Verte 
Point k Bout 
Veska (Westcock 
Riviere St. John 

Also the following villages: 

Peccoukac, Chipoudy, Memramcook, Veska (Port de Mer' 
Tantramar, (Big Village with Missionary), La Coup, Le Lae» 









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 


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; 


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- 


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 


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 


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 

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 


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 



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, 


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 


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 


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 

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 : — 


"by the New Brunswick Legislature, A. D., 1875, in memory 
of the Fort Moncton soldiers buried there in 1775. 


"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. 


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- 


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 

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 

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- 


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. 


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 

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. 


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: 





'^xmUam Harland 
John Conlson 

Jonathan Patison 
Nathaniel Smith 
Elizabeth " 
Nathaniel " 
Jolui " 

Robert " 

Elizabeth " 
Rachael " 

Mary Veckel 
Hannah Veckel 
Charles Simpson 
Thomas Scurr 
Elizabeth " 
Thomas " 
William " 
Charles " 
Elizabeth " 

Bryan Kay 
Dorothy " 
Robert " 
Elizabeth " 
Hannah " 
Sarah " 

Ann " 

Jane " 

Anthony_ Thompson 
Ann Atkinson 
Ann Skelton 
Tf ilKam Kay 
Joseph Palister 
John Atkinson 
Prances " 
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 
William " 

Elizabeth " 

Michael Taylor 
Ana " 

Robert Charlton 
Thomas Harrison 








































































His Wife 
His Wife 

Children to 
Maid Servant 

His Wife 

His Wife 
His brother 





His Wife 


His Wife 


His Wife 

Maid servant 
His Wife 
His Wife 

His Wife 

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 

To seek for better livelihood 


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. 





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 










28His \rife 


24His Wife 
281 Labourer 
24 Husbandman 

His Wife 


Giles Pickett 
His Wife 

His Wife 

His Wife 
3 8c 
His Wife 
Grocer a Son 

His Wife & 



His Wife 


His Wife 

His Wife 



going with their 


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. 


Occupation I 


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 " 


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 & 




Wife of David Bennett 




His Wife 


His Wife 






His Wife 



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, 




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 " 



Richard " 


a „ « 

John " 
Thomas " 


• < « 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 



Elizabeth Beaver 


iHsekeeper to the Gc 


II II « 





At a 

Bridget Sedel 


Going with her children to her hus- 




Francis " 



" " " 

Sarah " 



<> It 11 

Christopher Horsman 



Going to seek a better livelihood. 

Robert Colpits 



" <• •• 

Christopher Harper 



Having made a iiurchase is going 

Elizabeth " 


His Wife 

to reside there. 

Hannah " 


EUzabeth " 



John " 



Thomas " 



Going with their parents. 

Catharine " 


Charlotte " 


WUUam " 


Christopher Harper 

Thomas King 



Going to purchase or return. 

William Johnson 



" " " 

Mary Ixjwry 


Going over to her husband. 

Mary Lowerson 


<■ <l <c 

Thomas Wheatley 



<> « K 

William Clark 



Going to jnirchase or return. 

Mary " 


« <4 fl 

William " 



<l « 11 

Richard " 


« II II 

Rachael " 



II II 11 

John Skelton 



Going to seek a better livelihood. 

Jane Skelton 


« II 11 

Francis Watson 




John Bath 



II 11 II 

William Johnson 



Having purchased an Estate is 

Margaret " 


going over with his family 

George " 


Servant Sc Carpenter to 

Wm. Johnson 

and servants to reside. 

WiUiam Johnson 


Son of Wm. Johnson 

" " " 

Emanuel " 


" " 

" " " 

Joseph " 


« « 

11 II 11 

James Hulton 


Apprentice to " 

11 II II 

Elizabeth Anderson 


Going over with her children to 

Mary " 


her husband who is cooper 

Jane " 


to William Johnson. 

Moses " 



" " " 



II 11 11 

John " 



II II 11 

Thomas Walton 
William Robinson 
Elizabeth " 




Going to seek a better livelihood. 
Having purchased, is going over 
with hb family. 


Jonathan " 


Going with their parents. 

Francis " 



<■ 11 11 

William " 


William Robinson 

II II 11 

Thomas Kalin 


Servt to Wm Robinson 

Going with William Robinson. 

Patience Fallydown 


" " 

11 11 II 

John Robinson 



To make a purchase or return. 



His Daughter 

Going with their father. 

Jenny " 



11 11 |i> 

Mary Parker 


Going over to her husband. 

EUzabeth " 


he having a farm there. 

James " 



II 11 11 

Richard Peck 



Having made a purchase, is going 

Jane " 


His Wife 

with his family to reside. 



Going with their parents. 

Jane " 


II 11 II 



II II i< 

Isaac " 


11 II 11 



11 II <i 

Rose " 


II II " 

Richard " 


11 II 11 

Joseph " 


Children of Rd. Peck 

11 11 II 

Sarah Fenton 


Going over to their father. 

Mary " 


II « 11 


Also from Fort of Newcastle 24th April, per Providbncb for Halifax. 



As a 

Matheir Hewton 30 

Yeoman (sic) 

In expectation of better emlpoyment. 

Also frobi Port of Poole Ath November, per Squirrel. 



As a 

Abraham Osgood . 
Thomas Palmer 
Josiah Shackford 
Stephen Meads 
John Hart 
Gideon Crawford 



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 


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- 





-■ in 





e a 








in V 





er a 








ordr I 


a wc 



a fo 











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 


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 

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- 

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- 


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- 

"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 


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. 


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 


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. 


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 


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 


^'.|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 


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. 


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 


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 


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 


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 

















(49 Germans 






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 


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 









Sailcloth Maker 










■John Layton 



Richard Peck 



Waiiam Hodgson 



John Wilson 



William Ward 



-Elizabeth Ward 


Robert Appleby 



Elizabeth Wrightson 



John Sedgewick 



Thomas Harwood 



Armstead Fielding 



Ehzabeth Fielding 



John Fielding 


William Fielding 


Nicholas Fielding 


Hannah Fielidng 


Esther Fielding 


Joseph Fielding 


William Blenkhom 



Ann Blenkhom 


William Blenkhom 


John Blenkhom 


Ann Blenkhom 


Eleanor Blenkhom 


Abraham Mason 



Richard Thompson 



John Bulmer 



Jean Bulmer 


James Bulmer 


George Bulmer 


Joseph Bulmer 


Ann Buisee 


Shop Keeper 

Richard Bowser 



Ann Buisee 



Christopher Harper 



Thomas Harrison 



John Wry 



Pickering Snodon 



John Fawceit 



Jane Fawceit 


Mary Fawceit 


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 


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- 


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 


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 

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- 



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. 




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) 


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 


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 


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 


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 


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. 



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 

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 



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. 



Amos Botsford. 
Charles Dixon. 
Samuel Gay. 
Andrew Kinnear. 

Amos Botsford. 
Thomas Chandler. 
WilUam Black. 
Thomas Dickson. 

Amos Botsford. 
Samuel Gay. 
Ralph Siddall. 
Thomas Dickson. 

Amos Botsford. 
Titus Knapp. 
James Estabrooks. 
John Chapman. 

Wm. Botsford (Vice Amos. Bots- 
ford, deceased). 

William Botsford. 
James Estabrooks. 
Joseph Crandell. 
Rufus Smith. 


Edward B. Chandler. 
William Crane. 
Rufvis Smith. 
Robert Scott. 

William Wilson, 
William Crane. 
Daniel Hanington. 
Philip I*almer. 



Daniel Hanington. 
William Wilson. 
W. Hazen Botsford. 
Amand Landry. 

Amos Botsford. 
Benjamin Wilson. 
Hu^ McMonagle. 
James Estabrooks. 

Titus Knappvice McMonagle, deceased. 


William Botsford. 
James Estabrooks. 
John Chapman. 
Rufus Smith. 


Edward B. Chandler. 
Philip Palmer. 
William Crane. 
Robert Scott. 

Philip Palmer. 
William Crane. 
Edward B. Chandler. 
Daniel Hanington. 

Wm. Wilson V. Chandlerj'resigned 

Philip Palmer. 
•John Smith. 
Wm. Hazen Botsford. 
Daniel Hanington. 


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. 



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. 


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- 

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- 


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. 


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 




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 

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. 



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 

Petitcodiac Settlers. 

The first European settlers along the Petitcodiac river after the 
deportation were Germans. A contingent of nine families left the 


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 

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. 


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 


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 


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. 




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, 


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. 


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 

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 

Earl Gower, Lord Privy Seal. 


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 


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 



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 


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. 


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. 


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. 



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. 


after the Duke of Grafton, who was I^ord Chamberlain at this 


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, 


is named after Sackville, Duke of Dorset, who was President of 
the Council. 


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 


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. 


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 


so called after Richard Jacobs, a German baker, who owned a 
large property on the north side of it — i. e., outside the original 

On the extreme south, i. e., south of Sackville street, was laid 
out another street, which was called 


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 


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 


the rear or more western street only retaining that of 


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. 



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 


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, 


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- 


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. 


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? 


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. 


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. 



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. 


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. 


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.: 


the property having been owned by the late J. B. Bland, and 


as in immediate connection with Inglis 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. 



which runs almost diagonally through the old Smith fields, is of 
course, in compHment to Her Majesty. 


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 


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 


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. 


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 


married to that charming woman, Princess Charlotte, whom 
teh English nation so dearly loved and whose untimely death 
they so deeply deplored. 


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. 


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 


because Mr. Pedley — one of the ancestors of the family — was 
bom in Birmingham, England. Another was called 



because Mrs. Schmidt, the daughter, who married Mr, Schmidt, 
was bom in Rottenburg. 

A street parallel to Birmingham and Dresden Row is known as 


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 


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." 


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 


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. 


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. 


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 


Between Brunswick and Gottingen streets there runs a com- 
paratively short street called 


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 


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. 


opened by J. P. Moren, who purchased part of the Bauer's field; 


from the fact of the Bauer family owning the property through 
which the street runs, 

There is one more lengthened street, whose name is 


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 



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. 


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." 


was, I understand, originally called the road to the N. W. Arm, 
and probably received its new name from Samuel Cunard, or 


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. 


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. 


was manifestly so called from the fact of the large family of 
that name owning property in the vicinity. 


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. 


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. 


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 


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 

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. 


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 

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- 


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." 




Rkad bbpore the Nova Scotia Historical Society Junk 21, 1878, to Jan. 20, 1911 


Whence Obtained. 

Published in 

June 21 



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 . 


p. 18. 



















Early Settlement of Shubenacadie . . . 
Jotunal of Colonel Nicholson at Siege of 


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 


Miss E. Frame . . 
T. B. Akins, Esq. 

Vol. i. p. 59. 

Robt. Morrow, Esq . 
Hon. Dr. Almon . . . 








J. J. Stewart, Esq . . 

Rev. Dr. Hill 

T. B. Akins, Esq. . . 


Early Journalism in Nova Scotia 

History of St. Paul's Church. Pts II III 
1 Governor Cornwallis and the First 


Witherspoon's Journal of the Siege of 


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 


Sketch of Brook Watson, by Revd. 

Hugh Graham 

Brook Watson's account of the Expul- 
sion of the Acadians 


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- 

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 

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 . 




ii. p. 135 
ii. p. 129. 

Rev. Dr. Patterson . 

Miss E. Frame .... 
W. A. Calnek, Esq . 

Vol. ii. p.' 100 

T. B. Akins, Esq. 


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 




Whence Obtained 

Published in 

Jan. 5 

























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 

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 

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,, 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 .... 


2 Centennial Memories 

T. B. Akins, Esq. . .. 
Rev. Dr. Patterson . . . 


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 


p. 11 



























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. 

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 










15 The Early Settlers of Sunbnry County . James Hanney, Esq., a 

St. John, N. B 
J. Mascarene Hubbard 
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 








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. 












Rambles among; the Leaves of my Scrap 

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. 


Recollect Fathers in Canada Geo. Patterson, M. A. 



Nov. 27 

F. Blake Crofton . . . . 
Rev. Geo. Patterson, 
D. D. 



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 




Apr. 13 
Dec. 14 


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 . . 


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. 


























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 






Jan. 15 

Feb. 26 
Nov. 26 


Feb. 11 
Mar. 12 
Nov. 25 

Dec. 9 







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. XV. 



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 























Account of Celebration of Ter-Centen- 
ary of DeMonts' Landing at An- 

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 . 
Mr. Justice Longley 

Vol. XIII. 

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 


Sir Geo. Prevost 

The Militia of Nova Scotia, 1749-1830 

John Young, (Agricola) the Junius of 


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 





Prom Whence. 

Whbkb to bb 


Dec. 8 

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 . . . . 


Jan. 18 Capt. Jas. Cooke, R. N 

Mar. 8 Lt. Gov. Michl. Franklin (2nd paper) . . 

Apr. 12 Memorials of Grand Pre and Basin of 


Nov. 4|Free Masonry in N. S. Part II 

Dec. 2 The Trent Affair 

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. 



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 


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 


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 


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 


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 


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 



Eddy war 45 

Eddington, Me 50 

Eagleson, Parson 53 


Frye, Major, repulsed at Petitcodiac 22 

Franklin, Michael 47 4g 

Falconer, Capt., joins rebels 48 


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 


Hanington, William 83 

Hay, Ensign, killed 19 

How, murder of 14 

Howe, Capt 50 

Huston, Capt. John 14 32 39 


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 


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 


Newcombe, Simon 86 

Noble, Col 3 


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 


Representatives of Westmorland in N. B. Assembly 73 

Rayworth, John , 84 

Registry, first, ofl&ce 59 


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 


Tantramar, destruction of 26 

Tolar Thompson 74 

Thomas, John 16 

Tupper, Sir Charles 86 


Virgor 15 

Uniacke, Richard John 48 51 56 


Watson, Sir Brook 14 38 

Winslow, Col 23 

Winslow, Gen. John 14 28 

Woods, Rev. Thos 30 

Yorkshire immigration 40 



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. 



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 






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