CHAPTER III.

In January, 1752, Mr. Collier, who had been acting as Chief Justice, and

Captain Frotheringham, were called to the Council in place of Mr.

Salisbury and Col. Horseman, who had returned to England. On 3rd

February, a public ferry was established between Halifax and Dartmouth

and John Connors appointed ferryman for three years, with the exclusive

privilege, and ferry regulations were also established. At the same

sitting of the Council, an order was passed for the recording of deeds

and mortgages, making all papers unrecorded void against those which had

been registered. Col. Horseman's stone building was purchased for a

prison in place of that before used.

April 29th, Charles Morris, James Monk, John Duport, Robert Ewer, Joseph

Scott, John Wm. Hoffeman and Leonard Christopher Redolf were appointed

Justices of the Peace. It was resolved in Council at their sitting on

12th June, that a lottery should be held for building a Light House near

Cape Sambro, to raise L.450. One thousand tickets at L.3 each. Prizes from

one of L.500 to L.7 the lowest. Two hundred prizes, in all amounting to

L.3000, 15 per cent. to be deducted from the prizes, to be drawn publicly

in the Town House at Halifax, under the direction of managers to be

appointed by Government.

The winter of 1751-2 had been severe, but the harbour had not been

frozen or at all impeded by ice, and the spring opened early, and

preparations for prosecuting the fishery were soon in active operation.

The Government mills at Dartmouth, under charge of Captain Clapham, were

sold at auction in June. They were purchased by Major Gilman for L.310.

16th July--An order passed to strike off the victualling lists all the

German and Swiss settlers, who had arrived in the Speedwell.

In the spring of 1752, a number of settlers arrived in the Nancy, under

the charge of Lt. Young. About the same time the Marquis DeConte, a

Sicilian nobleman, and a number of other foreign settlers, came to

Halifax from the island of Tercera, one of the Azores, and settled in

the town.

Governor Cornwallis having obtained permission to resign the

Government, the Hon. Peregrine T. Hopson, was appointed his successor,

and was sworn into office before the Council on Monday, 3rd August. Mr.

Cornwallis, however, did not leave the province until after the 10th of

October, as he appears to have attended the Council held on that

day.[29]

[Footnote 29: On September 29th, 1752, the first fire regulations were

published at Halifax, among which are found the following: Two or three

Magistrates may order a house to be pulled down or blown up to stop a

fire, the owner to be indemnified by the house owners of the Town. The

fire wards to be appointed by the Justices of the Peace, each to carry a

red staff 6 feet long, with a bright brass spear 6 inches long on it;

and other regulations. This custom is still kept up in the City, or was

until very lately.]

In September, 1752, John Baptist Cope, commonly called Major Cope, a

Mic-Mac chief, head of the Shubenacadie Indians, came in with terms of

peace, which were agreed to. This bears date the 15th September, in that

year. Immediately after this document was signed, Cope left town in a

vessel, having requested Capt. W. Piggot should be sent to Indian

Harbour, to meet the Indians there, to ratify the Treaty. Mr. Piggot was

accordingly dispatched, and brought up with him two or three Indians,

who appeared before the Council, after which they were sent back to

Beaver Harbour, under the conduct of Mr. Piggot, with blankets,

provisions, etc. The terms of the Treaty were agreed to and confirmed in

Council, and the whole was engrossed on parchment and ratified on 22nd

November, 1752. The names of the Indian delegates on this occasion were,

Andrew Hodley Martin, Gabriel Martin and Francis Jeremiah. Mr. Saul

received directions to issue provisions, according to the allowance of

the troops for six months, for 90 Indians, that being the number of the

tribe under Cope, occupying the eastern part of the province.

This treaty does not appear to have been respected by the Indian Chief,

who we find, not more that eight months after its ratification, refusing

to respect the pass of Governor Hopson to one Anthony Cartel, who had

been captured by the Indians, in one of the harbours eastward of

Halifax, and carried through the country to Shubenacadie, the

head-quarters of Major Cope, from whom he was ransomed by a French

inhabitant. It would appear that the terms of amity, entered into by

Cope and his men with the Government at Halifax, had been in some manner

without the sanction of Abbe LeLoutre, who, when Anthony Cartel was

brought before Count Raymond at Louisburg, was present, and as Cartel

expresses it, inveighed bitterly against Governor Cornwallis, and said

if he wanted peace he ought to have written to him, and not to have

treated with the tribe of Indians. That he, Cartel, might depart, having

been ransomed, but that the first Englishman he caught should be

retained until he, LeLoutre, had full satisfaction for himself and his

Indians.

In April following, two men named John Connor and James Grace, arrived

at Halifax in an Indian canoe, bringing with them six Indian scalps.

They informed the Council that they and two others, having put into a

place between Tor Bay and Country Harbour, in a schooner, were captured

by the Indians, and carried ten miles into the country, where their two

companions were murdered; that they had surprised the Indians at night,

killed several, whose scalps they secured, and having escaped to the

seaside, seized a canoe, and made their way to Halifax. Along the coast,

both east and west from Halifax, Indian massacres had been frequent.

Those persons engaged in the fishery, who were compelled to land for

wood and water, were chiefly the sufferers.

Much had been said and written in Europe at the time, relative to the

aggressions of the French, during the suspension of hostilities between

the two nations. The Indians, from their religion and trading

intercourse, more favourable to the French in Canada and Acadia, were

made use of to harass the British settlers, who (though the two nations

were then at peace) were looked upon with a jealous eye by the resident

French population. A French writer, (I refer to a little work, now a

scarce book, published during the second siege of Louisburg), states

that the English neglected to cultivate an acquaintance with the manners

and customs of the Indians, and it was therefore not surprising at the

time, that they should show less affection towards them than towards the

French, who had great regard to their humours and inclinations.

"So strong is their aversion to despotic power," says the author, "that

force will never do; they will yield to nothing but persuasion. Though

they know nothing of precepts or subordination, yet they enjoy almost

every advantage derived from well-regulated authority. Their laws and

customs appear impressed on their hearts. In order to gain an ascendancy

over them, you must gain their esteem, for they never confide in a

person whom they do not value, and this esteem is very difficult to

obtain."

The savages were exasperated against the English by a speech delivered

by Count Raymond, at a meeting of the chiefs, in which, to suit his own

purposes, he depicted the most frightful cruelties perpetrated by the

English.

During the Indian hostilities, opposition on the part of the Colonists

was altogether of a defensive nature. The regular troops, as well as the

undisciplined militia, proving unfit for such warfare, it was found

necessary to employ the New England Rangers. These were volunteers from

the New England provinces, accustomed to Indian warfare, many of them

Indians and half-bloods. They ascended the rivers, penetrated into the

heart of the province, and attacked the enemy in their strongholds. The

Indians finding they were opposed by men equally accustomed to the

forest with themselves, soon found it their interest to make peace with

the British.[30]

[Footnote 30: Governor Cornwallis reduced the Rangers. He thought

Goreham very incompetent to command them.]

In 1758, it was found necessary to procure the services of 250 of these

Rangers from New England, by promises of high pay and other advantages.

Long accustomed to the border war with the Indians and French of Canada,

they had become well disciplined, and accustomed to hardships and

fatigue, and were perhaps at this time superior to all other provincial

troops in America. The Provincials were troops raised in the Colonies at

the expense of the Provincial Government, and were distinct from the

Rangers, who were independent companies paid by the British Government.

They served at Havannah, at Louisburg in the first siege under

Pepperell, and with Wolfe at Louisburg and Quebec, and afterwards served

to form the groundwork of Washington's army in 1775.

After the fall of Fort William Henry in 1758, it was said that the

Marquis de Montcalm sent a number of prisoners taken at that place, in a

vessel to Halifax. They were Provincial soldiers, chiefly from the New

England provinces. This was said to have been an attempt to introduce

the small pox into Halifax, many of the men being ill of the disorder on

their embarkation. Providence, however, frustrated this benevolent

design. The prisoners being kept on low diet, half starved, and exposed

to the cold, soon recovered, while the French in charge of the vessel,

having indulged in the use of wine and strong fare, were thrown down

with the disease, and nearly all perished. The vessel was brought into

port by the prisoners.[31]

[Footnote 31: This story was related by the late Titus Smith, who

received it from his father.]

In the spring of 1751, nine hundred and fifty-eight Protestant German

settlers arrived, and in the following year 1000 more.[32] The latter

were from Montbeliard, of the Confession of Augsburgh, and were placed

under the spiritual charge of the Rev. J. B. Moreau. They had been

induced to emigrate by promises from King George II, which it is said

were never realized. Considerable difficulty appears to have been

experienced by the Government in providing a suitable situation for

settling so large a number of persons. The original design with regard

to the foreign Protestants was to place them in the interior of the

country, on the lands unoccupied by the French Acadians, it being

supposed that their proximity to and intercourse with the French, would

be the means of lessening the bad feeling which had been fostered by

emissaries from Canada. The project was unfavorably received by the

Acadians. There were, however, other difficulties in the way of its

accomplishment, of a particular nature, which compelled the Government

to abandon the object. The want of sufficient provisions to maintain so

many settlers through the winter, the lateness of the season, and the

helplessness of a large portion of the Germans, who were unfit for

labour, induced the Government to place them in the neighbourhood of

Halifax. It was at first proposed in Council to send them to the

opposite side of the harbour over against George's Island, and Captain

Morris was sent to survey the grounds. The mouth of Musquodoboit River

was also suggested, and a survey of that part of the country ordered,

but the distance from Halifax and the danger of the Indians, rendered

the scheme impracticable. "All I could do," says the Governor, "was to

build boarded barracks for them. They must be sustained by Government

until they are capable of raising something of their own; most of them

are poor and wretched, and have scarce a farthing of money among them."

[Footnote 32: The names of the settlers who arrived after June and July,

1749, are not to be found among the records of the country.]

These people had been collected together by a Mr. Dick, the Government

agent for that purpose. He had persuaded these who came out this year

to sell everything they possessed even to their bedding, before going on

board; and they stated that owing to the want of bedding and other

conveniences, many of them died on the passage and since their arrival.

Many of these people are represented as very old, and as objects fitter

to be kept in almshouses, several of them above 80 years of age. The

Governor in his letter to the Board of Trade, says, "On the 26th

September last, when the last of these settlers were landed, there were

30 of them who could not stir off the beach, and among the children

there were 8 orphans, who in twelve days increased to 14 by the death of

their parents. These had to be removed to the public orphan house, and

had the best care taken of them." Many of these settlers became

discontented with their condition, and went off to the Island of St.

John, where they endeavoured to settle themselves. The difficulty of

procuring provisions was very great. The Government appears to have been

altogether dependent on the contracts of Althorp and Hancock of Boston,

and Delaney and Watts of New York, for the necessary supplies for the

settlement.

In June, 1753, about 1500 of these German settlers embarked for Malagash

Harbour, west of Mahone Bay, where they afterwards built the town of

Lunenburg. They were accompanied by a company of Rangers under Major

Goreham. The expedition was placed under the command of Col. Charles

Lawrence. There were also some regular troops, under Major Patrick

Sutherland, who took a very active part in planting the settlement.

Lieutenant John Creighton, of Warburton's Regiment, also accompanied the

German settlers, and also the Rev. J. H. Moreau, who officiated as their

minister.

The Lunenburg settlers were placed under similar regulations with those

at Halifax, and received Government allowance for several years after

their arrival at Malagash.

After the removal of the Germans from Halifax to Lunenburg, there were

but 15 German families left in the north suburbs. Not knowing any

English, they formed themselves into a separate congregation for

religious worship, and built themselves a small house upon the German

burial ground on Brunswick street, in which they had prayers every

Sunday. In 1760, a steeple was built on this house, and the next year

the Rev. Dr. Breynton, Rector of St. Paul's, preached there for the

first time, and it was on that occasion dedicated by the name of St.

George's Church. The congregation followed the English Church rules of

doctrine and appointed their Elders and Vestry. This old building still

remains in its primitive state, the only monument now remaining of the

old German settlement, called Dutchtown.

In October, 1752, Mr. Cotterall was appointed to the Council, and John

Duport sworn in Clerk of the Council. An order in Council and

proclamation appeared on the 14th of November, forbidding persons from

assembling or carrying about effigies on the anniversary of the holiday,

called Gunpowder Treason, being the 16th of November, according to the

alteration of the style.

At the Council held on the 22nd December, 1752, the Justices were

ordered to look out for a proper place for a bridewell or workhouse, and

to form a plan for the building of a block-house for that purpose, and

to obtain an estimate of the probable expense, and to report rules and

regulations for the government of the same. The Constables were to go

about the streets on Sundays to prevent disorders, and to make a report

to the Justices in the evening after divine service, and to apprehend

disorderly persons during the night. Proprietors of land were obliged to

fence their quota; on failure, to be liable to an action for the

recovery of the charges for fencing the same.

All proprietors of land upon the peninsula of Halifax were directed to

clear half their lots by 1st May, 1753, to clear the remainder and fence

the whole by 1st May, 1754, otherwise the lots would be forfeited and be

disposed of to others who would improve them. And an order was made for

permission to John Connors, to assign the Dartmouth Ferry to Henry Wynne

and William Manthorne.

Among the local events recorded this year, was a robbery in one of the

King's storehouses, which was broken open on the night of the 26th

October. There was also a cartel published by Governor Hopson, for the

exchange of prisoners with the French Government in Canada.

The most important circumstance of the year, however, was a charge

against the Justices of the Inferior Court of Common Pleas, sent in to

the Council by a number of the most influential inhabitants, charging

them with partiality, and praying for a public hearing. This document

was presented to the Council in December, and was signed by Joshua

Mauger, Joseph Rundel, Isaac Knott, John Grant, Francis Martin, Edward

Crawley, Richard Catherwood, Robert Campbell, William Nesbitt, John

Webb, William McGee, Sebastian Zouberbuhler, Samuel Sellon and Isaac

Deschamps. These charges came on for hearing before the Council on 3rd

January following; they consisted of ten distinct charges against

Charles Morris, James Monk, John Duport, Robert Ewer and William Bourn,

Esquires, Justices of the Inferior Court of Common Pleas, for the Town

and County of Halifax, and were signed by the following inhabitants:

Joshua Mauger,

S. Zouberbuhler,

Samuel Sellon,

Edward Buckleton,

James Porter,

Daniel Wood,

Jonathan Gifford,

William Schwartz,

Edward Crawley,

William Jeffray,

Vere Rous,

Francis Martin,

John Brooks,

Henry Wilkinson,

William Nesbitt,

John Woodin,

James Ford,

George Featherstone,

Thos. Mattison,

Joseph Antony,

Alex. Kedy,

James Fullon,

William Murray,

Louis Triquet,

William Clapham,

John Webb,

Robert Catherwood,

John Walker,

Geo. Peter DeBreg,

Richard Hollis,

Henry Sibley,

Edward O'Brien,

Henry O'Brien,

Thos. Wynne,

John Grant,

William Vanselson,

Cheyne Brownjohn,

Richard Tritton,

Edward Lukey,

Cyrus Jannin,

John Willis,

Roger Hill,

Js. Deschamps,

Robert Grant,

William McGee,

Joseph Rundel.

This affair arose from a dispute which occurred between the Government

and Captain Ephraim Cook, who had been discharged from the Commission

of the Peace by Governor Cornwallis for bad behaviour, and appears to

have been the result of party feeling.

It resulted in additional numbers being added to the bench of

Magistrates, and the Governor and Council availed themselves of this

affair to urge upon the Government the necessity of having a Chief

Justice.

The necessity of a properly organized Militia force being kept up, had

become apparent, in consequence of the continual threats of hostility on

the part of the Indians and native French; it was therefore resolved on

22 March, 1753, that a Militia should be raised and established for the

security of the Province, and a proclamation was accordingly issued,

compelling all persons (except foreigners, who were to be placed

elsewhere) between the ages of 16 and 60, to serve in the Militia.

On the first day of June, another proclamation was issued for a muster

of the Militia. Those of the south suburbs to assemble within the

pickets opposite the end of Barrington Street, near Horseman's Fort.

Those of the north suburbs, between the Grenadier Fort and Lutteral's

Fort, and those of the town on the esplanade, near the Citadel Hill.

On the 12th of April, 1753, Glaude Gisigash, an Indian who styled

himself Governor of LaHave, appeared before the Council, and having

declared his intention of making peace, terms of amity were drawn up and

signed by the Governor and the Indian Chief, on the part of himself and

his people. The terms were the same as those made with Major Cope, and

it was arranged that some of his tribe should come up and ratify the

treaty.

Governor Hopson went home on leave in the autumn of 1753, and the

government was administered by Col. Lawrence. In one of his last letters

to the Board of Trade, in reference to the disturbed state of the

country, Governor Hopson says, "Your Lordships may imagine how

disagreeable it is to me to see His Majesty's rights encroached upon,

and those encroachments openly avowed and supported by the Governors of

Canada and Louisburg, when it is not in my power to prevent it. I have

barely a sufficient force to protect the settlers from the insults of an

Indian war, under pretence of which the French take all opportunity to

commit hostilities upon His Majesty's subjects. I am informed that the

French have often been mixed among them in the expeditions, and am

convinced past doubt that they are fed and protected from our pursuit,

and are encouraged to disturb us as openly and in as great a degree as

in time of war."

There were three still houses in Halifax in 1753. Mr. Best the master

mason, and Mr. Clewley the master carpenter, having been ordered to

inspect them. The return was as follows:

Mr. Richard Bowers, 2 stills in Granville Street.

Wm. Murray, 1 still in Grafton Street, reported not safe.

Jonathan Gifford, 1 still in Barrington Street.

October 16th, Mr. John Greenwood presented a petition to the Council,

stating that he had paid passage for 12 men, 1 woman and 2 children,

foreign settlers, with the Governor's leave. They engaged to serve him

for a year, but having been removed to Lunenburg by the Governor's

orders, he lost their services; he was allowed L.79 5s., the labour of 12

men for 96 days.

Governor Hopson took leave of the Council on 26th October, and received

an address on his departure. He sailed for England on the 2nd November

following.

On the 16th November, two Indians appeared before the Council, who had

been sent from Lunenburg by Col. Sutherland. They stated they were of

the tribe of Cape Sable Indians, which consisted of about 60 people with

two chiefs; that Baptiste Thomas, one of their priests, was one of their

chiefs, and the other Francis Jean de Perisse was not a chief, but

deputed by the other chief. They stated that they had never joined with

the other Indians to molest the English; that on the contrary they had

always exhibited a friendly spirit, in consequence of which they had

never received any assistance from the French. The Council gave them

2000 pounds of bread, 3 barrels of pork, 20 blankets, 30 pounds powder,

some shot, tobacco and other articles, also two gold-laced hats for

their chiefs, and one silver-laced for the deputy.

The close of this year was occupied by the Governor and Council, in

investigation of the riots which occurred at Lunenburg, known as the

Hoffman Rebellion. It was found necessary to send Col. Monkton with a

body of regular troops to suppress the riots. Mr. Hoffman, the supposed

ringleader, was brought to Halifax and imprisoned on George's Island.

He was afterwards tried and sentenced to a fine of L.100 or two years

imprisonment.

It may be proper to advert to the religious condition of the settlement

at this period. The greater portion of the inhabitants were at this time

of the Church of England. The Protestant Germans had nearly all united

themselves to that Church, and sought missionaries from the S. P. G.

Society.

The Rev. John Breynton succeeded Mr. Tutty in St. Paul's. In 1752, he

reported that half of the population had professed themselves members of

the Church, and that the actual communicants were between 500 and 600.

Mr. Breynton established an Orphan House, and the Orphan School was

under his superintendence. In 1753, fifty poor children were diligently

instructed. Ralph Sharrock was the school-master. In 1753, the Rev.

Thomas Wood from the Province of New Jersey, was appointed to assist Mr.

Breynton, and he remained jointly in charge with Mr. Breynton until

1763, when he was removed to Annapolis.

It may here be observed, that on the establishment of Representative

Government at Halifax, in 1758, among the first acts of the Assembly,

was that for the support of Religious Worship, which contained a clause

for the free toleration of all Protestant dissenters, whether Lutherans,

Calvinists, etc., completely exempting them from all charges for the

support of the Established Church. By this act, the right of the

parishioners of St. Paul's and all future parishes, to present their own

minister to the ordinary for induction was declared, and immediately

after its publication, the parishioners of the parish of St. Paul's, in

the Town of Halifax, presented the Reverend John Breynton and the

Reverend Thomas Wood as joint Rectors, or "Rector and Vicar," as they

were called, to the Governor, who immediately went through the form of

induction, a ceremony thought necessary in order to entitle them to

privileges of incumbents. The record of this fact will be found in the

correspondence of the Society for the Propagation of the Gospel at that

period.

During the winter of 1753-4, there had been no disturbance from the

Indians, and the Government availed themselves of the opportunity of

sending out proper persons to make a survey of the country around. The

winter was mild and the frost not so severe as usual or of so long

continuance. The valley of the Shubenacadie had been examined, but it

was not found available for settlement, being the principal resort of

the Indians under Cope. The Township of Lawrencetown including

Chezzetcook, had also been undertaken, and further grants of land in

that quarter of the country were sought for in the following spring.

The desertion of many of the lower orders of the German settlers at

Lunenburg is mentioned; they appear to have gone over to the French.

Governor Lawrence in his letter to the Board of Trade, August 1st, 1754,

speaking of the French, says, "They have not for a long time brought

anything to our markets, but on the other hand have carried everything

to the French and Indians."

At this time the land was being cleared for the Battery at the east side

of the harbour, the site probably of the present eastern battery. A fort

was also in progress of erection at Lawrencetown when the settlement was

progressing, not having been disturbed by the Indians. This settlement

had been formed by Governor Lawrence in consequence of the good meadow

lands at the head of the harbour, and he granted the township to 20

proprietors and built a blockhouse for their protection. But the

undertaking was not prosperous, and finally failed to answer the object

intended, owing to its exposed situation and the distance from Halifax.

The arrival of the Vulture, sloop-of-war, Capt. Kenzey, from the Bay of

Fundy, produced much excitement in the Town; she brought several

prisoners charged with murder, who were lodged in jail to take their

trial before the General Court.[33]

[Footnote 33: Mr. Nisbett was Attorney General at the time. He had been

acting in that office since the Spring of 1752.]

Benjamin Street, Samuel Thornton and John Pastree, were placed on their

trial for the murder of one of the midshipmen and a sailor of the

Vulcan. It appeared on the trial that a schooner, of which the parties

charged were part of the crew, commanded by one Hovey, belonging to

Boston or some part of New England, was found trading in the Bay of

Fundy and supplying the French with provisions, etc. Capt. Kenzey sent a

boat aboard Hovey's shallop, under the idea that he had contraband goods

on board. The crew refused to allow the man-of-war boat to come

alongside, and fired into her, killing Mr. Jolly and wounding several

others. Hovey, the master, appears to have gone below and hid himself

during the whole affair. He was discovered in his berth by the officer

in command of the man-of-war boat, after the sloop had been captured.

This affair occurred in July, 1754, and the trial took place before the

Chief Justice in Michaelmas Term of that year. This was the first

sitting at which Chief Justice Belcher presided. The three prisoners

were acquitted of the murder, but it would appear they were found guilty

of the minor offence, as they were sentenced to six months imprisonment,

and afterwards placed on board a man-of-war (1755). Joseph Hovey, the

master, was discharged, the grand jury refusing to find a bill of

indictment against him.

The following appointments were made by the grand jury in Michaelmas

Term, 1754: Gaugers of Casks, Paul Pritchard and Lewis Piers; Surveyors

of Pickled Fish, Henry Ferguson and Daniel Hills; Cullers of Dry Fish,

Charles King and E. Gerrott; Cullers of Hoops and Staves, Dennis

Heffernan and Benoni Bartlett; Surveyors of Lumber, etc., Joseph Scott

and Joseph Marshall; Surveyors of Cordwood, Samuel McClure, Josiah

Milliken and Joseph Wakefield.

On Monday 14th October, 1754, Jonathan Belcher, Esq., was sworn in Chief

Justice. The Court then adjourned to the Court House, where His

Majesty's Commission was read, appointing Lt. Governor Lawrence,

Governor General of the province. Mr. Belcher's appointment bears date

in July. At the commencement of Michaelmas Term, the following

ceremonies and procession were observed, the first of the kind ever seen

in Nova Scotia. On the first day of Michaelmas Term, the Chief Justice

walked from the Governor's house honoured by the presence of His

Excellency Charles Lawrence, Esq., Lieutenant Governor, and accompanied

by the Honourable the Members of H. M. Council, proceeded by the Provost

Marshal, the Judge's tipstaff, and other civil officers, the gentlemen

of the Bar attending in their gowns, and walking in procession to the

long room at Pontach's, where an elegant breakfast was provided, where

the Chief Justice in his scarlet robes, was received and complimented in

the politest manner, by a great number of gentlemen and ladies, and

officers of the Army. Breakfast being over, they proceeded with the

commission before them, to church, where an excellent sermon was

preached by the Rev. Mr. Breynton, from these words: "I am one of them

that are peaceable and faithful in Israel." A suitable anthem was sung,

after which they proceeded to the Court House, which upon this occasion

was very handsomely fitted up, where the Chief Justice being seated with

his Excellency the Lieutenant Governor on his right hand under a canopy,

the clerk of the Crown presented His Majesty's commission to the Chief

Justice, appointing him to be Chief Justice within the province, which

being returned, and proclamation for silence being made, the same was

read, and directions were given by the Chief Justice for the conduct of

the practitioners, and the Grand Jury appearing in Court upon the return

of the precept, were sworn and charged by the Chief Justice, and the

business of the day being finished, the Court adjourned. His Honor the

Chief Justice, accompanied and attended as before, returned to the

Governor's house. A few days after Mr. Chief Justice Belcher, the

Provost Marshal, the gentlemen of the Bar, and other officers of H. M.

Supreme Court, and the gentlemen of the grand jury, waited on his

Excellency the Lieutenant Governor, when the Chief Justice, in his robes

of office, addressed his Excellency in the name of the whole, as

follows:

"SIR,--We esteem it our indispensable duty to testify our zeal, as Chief

Justice, provost marshal, grand jurors, practitioners and officers of H.

M. Supreme Court of judicature, for the interest of this province, and

the protection of its laws, our attachment to your person, and our

respect and gratitude for your eminent services, by expressing our joy

in His Majesty appointing you to the chief command of this his dominion

of Nova Scotia. We shall ever consider it as essential to our fidelity

in the execution of the laws, to exert our most vigilant endeavors for

the ease and success of your administrations, and not only to suppress

any measures subversive of your consultations for the public good, but

at all times affectuate the means prescribed by you for the prosperity

of the province. Our solicitude for the advancement of justice under the

laws, cannot be more fervently expressed, than by the tender of our

ardent wishes for your being and happy continuance in the chief chair of

this Government."

To which his Excellency the Lieutenant Governor was pleased to make the

following answer:

"Mr. Chief Justice and gentlemen of the Supreme Court and grand jury:

"I have the highest sense of this testimony of your zeal for the public

welfare and your esteem for me. I should be much wanting in my duty if I

did not embrace this opportunity of returning my thanks for the late

pious, learned and eloquent charge from the Bench, and I doubt not,

gentlemen, but your vigilance and fidelity in the service of your

country will have its desired effect.

"While I have the power to sit in the chair, be assured the authority of

Government shall be ready to support the law, for the law, gentlemen, is

the firm and solid basis of civil society, the guardian of liberty, the

protection of the innocent, the terror of the guilty, and the scourge of

the wicked.

"CHARLES LAWRENCE."

Governor Lawrence in his letter of 12th January, 1755, says, "I am now

preparing to build three batteries of 10 guns each in front of the town,

and contemplate finishing them in good time. These batteries were

erected along the line of the shore. The middle or King's battery stood

where the Queen's wharf now is, there was another at the present

Ordnance Yard, another near the site of Fairbanks wharf, and a fourth at

the present Lumber Yard, which latter still remains."

The batteries along the front of the town were completed during the

summer of 1755, and a plan of them sent to England in June of that year.

They were twelve feet in height above high water mark, two hundred and

forty feet in length, and sixty-five in breadth. The parapet raised on

these was seven feet high, and the materials consisted of logs and

timber framed and filled up with gravel, stones, earth and sand. The

material consisted of 9500 logs of 25 feet, 1280 tons of square timber

and 25,000 tons weight of gravel and earth, the whole expense about

L.5,300. The work was commenced in January, 1755, and completed late in

the summer. 20 guns were mounted on these three batteries in July of

that year--the other batteries were afterwards added.

An attempt was made this year to involve the Government in a dispute

with the Indian tribes. Paul Laurant, an Indian Chief of the Mic-Mac

tribe, appeared before the Council on 12th February, 1755, and informed

them that he and another Indian Chief named Algamud, had set out from

Beausejour for Halifax in order to treat of peace, but that the Chief

had fallen sick at Cobequid and had intrusted him with the proposals.

They demanded the whole eastern section of the Province, from Cobequid

to Canso, to be set apart for them as feeding and hunting grounds. Being

asked what security he could give that the Indians would keep the peace,

he said he could say nothing to that, being only desired to bring in the

terms. The Council dismissed him with a promise of an answer in writing.

An answer in writing was drawn up and signed by the Governor on 13th

February, 1755, which expressed a willingness on the part of the

Governor and Council to allow them such lands as would be sufficient for

their purposes. It mentioned the perfidious breaches of all former

treaties on the part of the Indians, and where their conduct was

complained of that the Tribes themselves had disallowed all authority on

the part of their Chiefs to make such treaties, and that the Governor

and Council demanded a full attendance of Chiefs before them, with full

power to treat, before any further proceedings could be taken.

On the 3rd and 4th July, the Council was engaged with the French

Deputies, again on 14th, 15th and 28th same month.

The defence of the settlement was the next subject of deliberation and

the protection from the incursions of the French along the Bay of Fundy

and from Louisburg, both nations being at the time arrayed against each

other in open warfare.

On the 18th February, 1755, Mrs. Green, wife of Hon. Benj. Green, and

her family, Captain Horatio Gates and Mrs. Gates, with Captain Hale and

their servants and baggage, were received on board Captain Rogers' sloop

for Boston. Captain Gates had been one of the Aides-de-Camp of Governor

Cornwallis, he was afterwards a General in the American Revolutionary

Army.[34]

[Footnote 34: See Biographical note in the last Chapter.]

The loss of the Mars, a 70 gun ship, occurred off the harbour in May,

1755. It was in an easterly gale and supposed to be the fault of the

pilot. Guns and crew were all saved. The Mars rock at the western

entrance of the bay marks the spot. The guns and stores were brought to

Halifax. Admiral Holborn's letter announcing the loss of the ship bears

date the 28th May, off Halifax Harbour.

30th December, 1755, Montague Wilmot and Charles Morris, having been

appointed to the Council, were sworn in. The other members were John

Collier, Mr. Cotterell, Robert Monkton and Captain Rous.

A number of French prizes, taken by the fleet under Admiral Boscawen,

were this summer brought into Halifax. There were in these 19,998

gallons of rum and brandy.

A Mr. Ellis had for several years held the office of Governor of Nova

Scotia, and received the emoluments, but never came out. Lt. Governor

Lawrence received the appointment of Governor-in-Chief on the

resignation of Mr. Ellis, and Colonel Monkton became Lt. Governor; their

commissions were read and they sworn into office on 23rd July, this

year.

The following census of the town appears to have been taken about 1755

or 1756:--

Masters of families paying poor tax 256

Male children between 12 and 21 years of age 182

Male children under 12 291

Transient persons who pay no taxes 108

---

837

Married women 241

Girls unmarried above 12 years old 261

Girls under 12 years of age 345

Women servants 71

---

918

----

1755

The only other event of this year worthy of notice was the following

melancholy affair detailed in Col. Sutherland's letter from Lunenburg,

dated 12th September. "Yesterday," he says, "I received the melancholy

account of Mr. Payzant's house being burned in Mahone Bay, and that he

himself and other people who were with him, were killed by the Indians.

I immediately sent out an officer and party, which returned this

morning, by whom I am informed that on Payzant's Island the house is

burned, he with another young man killed and scalped, a woman servant

and child also killed and scalped near the water side. His wife and four

children missing. The young man was son to a family which lived on

Captain Rous's Island. As his hands were tied the gentlemen immediately

conjectured some further mischief was done there, and on their arrival

they found the man thereto belonging, likewise scalped. It appears that

Captain Rous's is the most advanced settlement, that they first came

there and took the boy to conduct them to Payzant's." Mr. Payzant came

to this country with a strong recommendation from Mr. Pownall, secretary

to the Board of Trade. The death of James Payzant, Esquire, a clerk in

the office of the Secretary of State, of the age of 100 years is

announced in the London Gazette for 1757. This was probably the father

of the gentleman who came out to Halifax, to whom Mr. Secretary

Pownall's recommendation referred.

1756. January 26th, the term of Henry Wynne and William Manthorn's

licences of the Dartmouth and Halifax ferry having expired, John Rock

petitioned and obtained the same on the terms of his predecessors.

On the 30th June, 1757, Lord Loudon arrived at Halifax with the troops

from New York, destined for the invasion of Cape Breton.

Saturday, 16th July, 1757, His Excellency acquainted the Council that

the Earl of Loudon had this day represented to him that a fever had

broken out among the troops, under His Lordship's command, occasioned by

the great quantities of rum that were sold to the soldiers by unlicensed

retailers, and if continued must prove of fatal consequences to the

service; and unless steps were immediately taken to effectually stop the

same, he would feel himself justified in ordering all liquors found in

the possession of such unlicensed retailers to be destroyed. The Council

empowered the Provost Marshal and his deputies to enter such houses,

seize the liquors and place them in the King's store until the army and

navy departed.

On the 1st November, 1757, the grand jury of the County of Halifax

petitioned the Governor and Council on behalf of the inhabitants of the

town, that the town should be put into some state of defence "for the

preservation of the place, the inhabitants, their families and effects."

They stated that the property, etc., was insecure from the want of

proper defences; that the people were willing to assist in the work, and

intimated that if their prayer could not be heard, humbly beg that they

"may immediately know it in order to take the first opportunity of

convoying themselves, their families and effects, to a place of safety

in some of the neighbouring Colonies." A previous petition had been

presented to the Governor, to which no answer had been returned. The

names attached to the petition were, Robert Saunderson, Joseph Rundell,

John Anderson, Paul Pritchard, Hugh McCoy, Joseph Fairbanks, William

Schwartz, Robert Campbell, William Pantree, John Killick, John Brooks,

Henry Wilkinson, Walter Manning, John Slayter, Richard Catherwood,

Joseph Pierce, Alexander Cunningham, Richard Tritson, Jonathan Gifford

and Benjamin Leigh.

The boundaries of the Township of Halifax were settled by order in

Council 20th May, 1758, as follows: That until said township can be more

particularly described, the limit thereof shall be deemed to be as

follows:

To comprehend all the lands lying southerly of a line extending from the

westernmost head of Bedford Basin, across the northerly head of St.

Margaret's Bay, with all the Islands near to said land, together with

the Islands called Cornwallis Island,[35] Webb's and Rous' Island.[36]

[Footnote 35: Now McNab's.]

[Footnote 36: Now known as Lawlor's and Devil's Islands.]

Minutes of Council 21st June, 1758: Mr. Josiah Marshall proposed to

build a workhouse, 50 feet long, 20 feet wide and 8 feet high, in the

town. The timber to be laid close, with a roof double boarded and

shingled; to have 4 windows on each side, each window to have nine panes

of glass and three iron grates; to have a staircase in the entry and a

whipping post. The building to be placed on a good dry wall. Mr.

Marshall's tender for L.200 sterling, finding materials and labour, was

accepted.

To Charles Morris, Joshua Mauger and Charles Proctor, Esquires.

"Whereas, it has been thought proper to convert to the use of the

public, a piece of land called Goreham's Point and the lands next

ajacent, lying in the north suburbs of Halifax, formerly allotted to

sundry persons, who have cleared and improved the same and erected some

buildings upon them; they were directed to value the lands and

proportion each owner's extent therein, and report to His Excellency.

Dec. 9th, 1758."

This is the site of the Commissioners' House in the present Dockyard.

December 9th, 1758. Peter Marquis de Conte and Gravina, convicted for

intent to commit rape on a child under the age of ten years, was

sentenced by the Court to walk between the hours of 11 and 12 this day

from the north to the south side of the Parade, and from thence to the

jail with a paper placed on his breast with his crime inscribed thereon,

and to be confined for three months and fined thirty pounds; to remain

in jail till the same be paid. Governor Lawrence remitted the first part

of this sentence. The Marquis de Conte was a Sicilian nobleman; he had

been an officer in Goreham's Rangers.

December 29th, 1758. It appears by an advertisement of this date, that

Governor Lawrence had wells sunk and pumps erected as reservoirs against

fires, and that they had been damaged by some unknown person. His

Excellency caused them to be put in repair.

Governor Lawrence, in his letter to the Board of Trade, 3rd November,

1759, mentions that the masonry of Sambro Light House had been some time

finished, and that the lantern was then in progress of erection. That a

chart of the harbour was also in progress, as also proper directions for

piloting in ships with safety. Copies of these directions were enclosed

in his letter.

It appears that in the year 1758, the Governor appropriated out of the

old crown duty money for the Light House L.1,000, for the Work House

L.500, for the Church L.400, and for the Meeting House L.100.

Again in 1760, for the Light House L.987 5s. 5d.

" 452 10 10

" 635 6 8

---- -- --

L.2075 2s. 11d.

For the Work House L.5,456, for the Church L.350 18s. 6d., Meeting House

L.174 0s. 4d., Jail L.208 11s. 9d.

Captain Rous was placed in charge of the Light House, a post which he

occupied for many years. This was not Captain John Rous, the member of

Council, but a relative of his from New England.

21st December, 1758. The Governor and Council appropriated the sum of

L.400, raised by duties on liquors, towards the church in Halifax, under

the direction of Benjamin Green, John Collier, Charles Morris, Robert

Saunderson and Henry Newton, commissioners for that purpose.

[Extract of letter from Louisburg, June 9th.]

"Admiral Saunders, with the squadron under his command, arrived in good

condition on the 21st April off Louisburg, but on account of ice

blockading the harbour, was obliged to bear away on the 26th for

Halifax, whence he arrived on the first of May."

June 16th, 1759. Peter Marquis de Conte and Gravini, was released from

his imprisonment, he having paid his fine. This gentleman died at

Halifax. His will is recorded in the probate office.

Thursday 16th August, 1759, William Cotteral, Robert Grant and Montague

Wilmot, Esquires, Councillors, being absent from the Province, the

Governor appointed Richard Bulkeley, Thomas Saul and Joseph Gerrish, who

were this day sworn in and took their seats.

February, 1760, two Indian Chiefs attended the Council, and were

presented with laced blankets, laced hats, etc. They were informed that

the same would be sent to the Chief of the St. John's Indians, and that

the treaty of peace would be ready to be signed to-morrow, and if the

wind was favourable they should embark on Sunday.

In Council 11th March, 1760, the Governor appointed the Hon. Jonathan

Belcher, Benjamin Green, John Collier, Charles Morris, Richard Bulkeley,

Thomas Saul and Joseph Gerrish, Esquires, and William Nesbitt, John

Duport, Joseph Scott, John Creighton, Sebastian Zouberbuhler, Edward

Crawley, Charles Proctor and Benjamin Gerrish, Esquires, to be justices

of the peace for the town and county of Halifax. Charles Morris, John

Duport, Joseph Scott, Joseph Gerrish and Edward Crawley, Esquires, to be

justices of the Inferior Court of Common Pleas for the county of

Halifax, to the several of whom His Excellency then administered the

oath requisite.

History of Halifax City · 第 3 / 9 章