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 a.s.sembling 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 a.s.sign 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 circ.u.mstance 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 doc.u.ment 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 a.s.semble 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 pet.i.tion to the Council, stating that he had paid pa.s.sage 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 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 a.s.sistance 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 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 a.s.sist 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 a.s.sembly, 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 ent.i.tle them to privileges of inc.u.mbents. 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 princ.i.p.al 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 pract.i.tioners, 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, pract.i.tioners 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 grat.i.tude 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 a.s.sured 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 sh.o.r.e. 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 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]