“The Canadian political system iceberg explained”

Well, nice dig at the outset of this video with the “communicated quite poorly” and the playful poke at the end about grasping the intricacies of the Canadian political system. Not sure what to think aboot that.

It’s striking how insistent JJ is on denying any royal connections, while Canada has conveniently left intact all the pre-existing links that historically conveyed royal authority, except for Quebec, which recently ousted its Lieutenant Governor. And then there’s the sly reference to “translating” the King or Queen into the role of Prime Minister…

The disallowance power of the LG was wielded extensively, over 100 times, and one can only wonder if it still lurks in the background, much like other royal prerogatives, quietly nullifying laws behind the scenes, leaving us to witness only a law dying on the order paper.

All these “polite fictions” and convolutions he mentions (privy council, Governor General, Prime Minister, Cabinet, Governor in Council) certainly do pile up. Kudos to him for addressing bilingualism, though he overlooked the fact that the Supreme Court is one of those mandatory bilingual institutions.

The notion of “super protected” rights to travel across the country brought a hearty laugh, especially recalling when Nova Scotia, during COVID, prohibited movement beyond “municipalities,” sometimes even within them, let alone throughout the province or the country. “Super protected rights,” indeed. No laws, no Section 1 or Section 33 applications were required. Is this an example of the charter of disallowance in action?

Props to JJ for highlighting the extensive powers of the executive and the dubious legitimacy of any standards set by the so-called “Westminster Parliament,” a misnomer if there ever was one. Also, the tangled web of constitutional complexities arising from a constitution that nobody can fully grasp, encompassing not only a multitude of documents and royal directive but also abstract “ideas” (as mentioned around the 49:00 mark).

The observation that Trudeau’s “de-colonization” efforts actually reinforce existing colonial structures is a valid one that seems to elude him. It’s almost as if he’s playing a game in these videos, framing discussions of Canada’s constitutional legitimacy as exclusively leftist or as an indigenous-only concern, while simultaneously marginalizing the PPC as far-right “anti-immigration,” which isn’t entirely fair if their focus is on “mass immigration,” a distinct issue altogether.

Thankfully, I’m not beholden to being a “professional Canadian political commentator,” allowing me to express my conviction that Canada is an absurdly tangled mess, tailor-made for perpetuating despotism and tyranny, a charade from top to bottom, suited for those who choose to remain subservient to a foreign crown while pretending they’re a legitimately sovereign country.

But does it have to be this way forever? That’s the lingering question.

https://www.youtube.com/watch?v=Q9LrjU5n63g

Letter of Hon. Robt. J. Walker, on the annexation of Nova Scotia and British America

Letter of Hon. Robt. J. Walker, on the annexation of Nova Scotia and British America

“But, in 1774, our people had been most loyal, and at a time when loyalty to kings was a sentiment; much deeper and more universal than it ever has been since the whole system has been rocking on its base under the teachings and results of the American Revolution.

Our complaint was taxation without representation; but, although this was a great grievance, it does not compare in atrocity with the attempt against your will and protest to transfer you as slaves to a foreign Dominion. Who wonders that you resist and denounce the effort?

As Lord Chatham said of us in the war of the Revolution, “You would be fit to be slaves if you did not resist.” Rest assured, England will never attempt to drive you by force into the Canadian Dominion, continue to endeavor to obtain for Nova Scotia a repeal of the Union.

But if, after one more effort, this should fail, or even if now you should regard the case as hopeless, then you should commence immediately a most earnest effort for annexation to the United States. In hoc signo vinces.

Appeal to the masses of the people everywhere, organize your committees in every county and district. Speak through the press, through public oral addresses, through lectures and social intercourse. Let there be no thought of war nor of any collision, except of argument and intellect. Do this, and your success is certain.”

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Hon. Robt. J. Walker. “Letter of Hon. Robt. J. Walker, on the annexation of Nova Scotia and British America”, Washington Chronicle. April 23, 1860. https://babel.hathitrust.org/cgi/pt?id=aeu.ark:/13960/t2988tm5b&seq=6

Local Government In the Maritime Provinces

Out of the territory east of the Penobscot and south of the St. Lawrence were carved the three Maritime Provinces of Nova Scotia, New Brunswick and Prince Edward Island. The French called the district Acadie, and the Scottish King of England, in his grant to Sir William Alexander in 1621. Nova Scotia. The Isle of St. Jean (now Prince Edward Island) was granted a separate government in 1769, but was not renamed until 1799 after the visit of Prince Edward. The Loyalists on the river St. John, exasperated by delays in the issue of land patents and by apparent neglect, demanded and got separation from Nova Scotia in 1784 and in the name of the new province the House of Brunswick was honoured.1 In 1784 the island of Cape Breton was granted a separate government, but was reannexed to Nova Scotia in 1820.

The Settlers

To the character and traditions of the early settlers must be traced the nature of the struggle for self-government and the character of the institutions. At the outset physical features naturally determine the localities of settlement. The sheltered slip between the mainland and the peninsula offered the best haven. Here the French entered and settled at Port Royal and on the St. Croix. Later they spread to Cape Breton fortifying Louisbourg. Along the shores, in the bays and up the creeks and rivers of the eastern coast of these provinces the tide of population moved, at first impelled by the love of adventure and the prospects of hunting, later by political necessities.

The second inflow of settlers came from New England in search of cod and commerce. Convenient stations they found in the harbors of Chebucto and Canso and in those of the Bay of Fundy. Later on the arrival of Cornwallis and the prospects of trade attracted large numbers to Halifax. And in 1759 the proclamation of Goovernor Lawrence brought from Massacussetts and Rhode Island an excellent band of settlers to take up the fertile lands from which the Acadians had been driven.

The fear of French aggression impelled New England to attack and capture Louisbourg in 1745. When Britain returned it to France in 1748, there was but one thing to do — to build a stronger fortress between the French in Cape Breton and the people of New England. Accordingly Lord Cornwallis was sent out to Nova Scotia to establish a fortress and a colony. In 1749 he landed in Halifax with a following of 1,176 settlers and their families. Here he built fortifications and from here he ruled the province.

From the first it was recognized that a garrison without a colony could not hold the French in check. Inducements were accordingly offered to immigrants from England, Germany, Scotland and New England. The colonists, particularly those from New England, soon clashed with the garrison. When political necessities made the colonist almost indispensable, as was the case after the expulsion of the Acadians, liberal promises of land and of self-government were made. But with the coming of security from the enemy, the merchants and farmers found the rule of the Governor-in-Council at Halifax irksome.

The relation of Halifax to the province, it may be remarked, has always been peculiar. At the first it was a garrison in a hostile colony, later when the New Englanders began to settle in the west and the Scotsmen in the east. Halifax remained a military station and a trading-post. In war times its garrison made it a safe harbour for captured vessels and a profitable place for the sale of supplies. In times of peace, apart from fishing, trade languished. Before the opening of the railways the position of Halifax tended to isolate it from the rest of the province.

Situated on a bay about the middle of the Atlantic Seaboard, remote from the old capital, Annapolis, in the west, and from the fishing station at Canso in the east; separated from the fertile valleys to the north by a rough ridge of granite boulders and a surprising number of small lakes and ponds, Halifax was forced to look across the ocean for its trade and its people. The conservatism of the old ward settled upon its military government and long resisted the reforms of the new. The struggle for self-government was more prolonged and bitter, and the victory more fragmentary than elsewhere. St. John is a striking contrast. Situated at the mouth of a magnificent river, which drains three-fifths of the province and with its broad and deep tributaries provides an unrivaled waterway through the length and much of the breadth of the country, St John could not fail to grow with the prosperity of the province and through its commercial interests keep in the closest touch with its agricultural and industrial life. Although Fredericton was the political capital, St. John from the first dominated the province, and its reforms became those of the province.

The American revolution profoundly affected Nova Scotia. The struggle between the ruling and military element from the old England on the one hand and the commercial and colonizing element from New England on the other had resulted in the grant of a Legislative Assembly and some minor reforms. The reforming party however suffered severely when the Revolution broke out by the departure from Nova Scotia of several of the most ardent friends of reform and by the suspicion of disloyalty which fastened upon those who remained. At the close of the war the arrival of the Loyalists immediately brought about the division of Nova Scotia into two provinces and local government for the City of St John; but in the end it strengthened the conservative forces already at work.

Ideas

Feudal ideas imported from France played little part in the municipal life of Nova Scotia. The compromise of deputies for the French and justices of the peace for the English during the period of discordant rule seems to have left no perceptible trace in the forms of local government. The formative ideas were those brought over by Cornwallis and those introduced by the New Englanders, and in the case of New Brunswick, by the Loyalists. Those of Cornwallis and the Loyalists had a common origin. The practices of the Loyalists had but suffered a sea-change. They grew out of the adaptation of English ideas and practices to the problems of government in the southern colonies of America, Virginia, and New York. As for the New Englanders, they advocated the principles of the chartered government of the Massachusetts Bay. In each of the types – the Virginian and Massachusetts – the powers granted to the governing body of the colony came direct from the Crown and not from the Parliament at Westminster; and in each case these powers were granted to a council or company which had the right to choose its subordinate officers.

The fortunes of the two companies, however, were different. The Massachusetts company migrated to the new land. The election of the assistants to the Governor by the freemen of the company became the election of the representatives for the government of the community. The interests of company and colony merged. The Virginian Council ruled from London through local councils. The interests of the council and the colonist diverged; which state of affairs led the Crown to intervene and take over the council’s rights. The Crown governed through a deputy or governor who called to his assistance a small number of men as councillors but theoretically did not necessarily follow their advice m all things. Together they made and administered laws and also acted as a court of justice. This was the system Comwallis introduced into Nova Scotia. But the fishermen and the traders from Cape Cod who preceded Comwallis, and the settlers from Massachusetts and Rhode Island who accepted Lawrence s invitation to occupy the lands vacated by the Acadians were strongly imbued with the ideas of Massachusetts They became the advocates of self-government.

The Loyalists of New Brunswick seem to have kept before them the provincial system of New York. Their first Governor Thomas Carleton, was the brother of Sir Guy, for a time Commander of the British forces in New York; and their first Provincial Secretary, Rev. Jonathan Odell, was a New Yorker and former private secretary of Sir Guy. The fidelity with which New York was imitated is seen in the resemblance between the city charters of New York and St. John, and between the charters of the College of New York and the College of New Brunswick In a letter to the Secretary of State Governor Carleton makes special reference to New York.’ The prominence of New Englanders in Nova Scotia and the predominance of the Loyalists in New Brunswick will perhaps account for certain differences in the two provinces.

The Loyalists landed at Parrtown in 1783; New Brunswick was separated from Nova Scotia in 1784; St. John was granted a charter in 1785 ; and a representative Assembly was summoned in 1786 to be elected on practically a manhood suffrage Comwallis landed at Halifax in 1749. With great reluctance Lawrence summoned an Assembly in 1758, and Halifax, though petitioning in 1765 and 1790, was denied a charter until 1841 Apparently New Brunswick was dominated by the most democratic ideas and Nova Scotia by the reverse; and yet Governor Carleton claimed that ” New Brunswick had improved upon the constitution of Nova Scotia where everything originated, according to a custom of New England, with the Assembly. But here, where a great proportion of the people have emigrated from New York and the provinces to the southward, it was thought most prudent to take an early advantage of their better habits and by strengthening the executive powers of the Government discountenance its leaning so much on the popular part of the Constitution.”

It is possible that Governor Carleton thought that the Loyalists could be trusted to govern themselves, and since they outnumbered all others ten to one. there was little danger of their liberty becoming license. He accordingly granted a charter tn St. John but reserved to the Crown the right of appointing the chief executive officers, the mayor, sheriff, recorder and clerk. ” He was,” however, ” rapped over the knuckles ” for it by the Secretary of State.

Things were different in Nova Scotia. The ruling class was in a minority. Governor Lawrence wrote of the members elected to the first assembly in 1758 that “he hopes he shall not find in any of the representatives a disposition to embarrass or obstruct His Majesty’s service or to dispute the Royal prerogative,” though “too many of those chosen are such as have not been the most remarkable for promoting unity or obedience to H.M. government here, or indeed that have the most natural attachments to the provinces.” Yet in Nova Scotia greater opportunity was given to the people to express their opinion through the Grand Juries. The township and county officials were all appointed by the sessions from the nominees of the grand juries. The grand juries could by presentments censure public officials and ask for public work. In certain cases the justices of the sessions could not act except upon the presentment of the grand jury. Further town meetings were regularly held until 1879, though for a time after 1770, when suspicion was rife, they were suppressed.’ These and similar provisions are rot found in New Brunswick. In only two Acts (and those were in the first ten years) was the grand jury required to make a presentment before the Court could act. One had regard to the altering of a road, the other to the prevention of thistles. The privilege of nominating officials seems not to have been enjoyed by the grand juries of New Brunswick.

French and English

Feudalism in Acadia, as in old Canada, was a mild copy of that of old France. The Governor was all-powerful and the seigniors were feeble and few. Governor Philipps, writing to the Duke of Newcastle in 1730, said, ” Here are three or four insignificant families who pretend to the right of seigniories, that extend almost over all the inhabited parts of the Country.'” In 1703 the King of France confirmed grants of seigniories at Cape Sable, Port Royal and Mines.’ Mention is also made of seigniories at Cobequid and Chignecto. The rights of the seigniors in Nova Scotia became little more than claims for rents which, under English rule, were transferred to the Crown.

From the capture of Port Royal in 1710 the mainland of Nova Scotia was subject to the English. Protests and resistance on the part of the French, however, made government extremely difficult and finally led to the expulsion of the Acadians. Finally the second capture of Louisbourg in 1758 left the English the undis- puted masters of the peninsula and the island. Prior to the founding of Halifax in 1749 there were two British garrisons — one to overawe the Acadians around Annapolis and the other at Canso to protect the New England fishermen. The seat of the govern- ment was at Annapolis, near the French settlements at old Port Royal (now Annapolis), Cobequid and Chignecto. The Governor’s task was by no means an easy one. The willingness of the Acadians to comply with his demands varied inversely with their distance from the cannon of the fort, and the collection of rents and the settlement of disputes about land were the causes of perennial trouble.

The French were governed through elected deputies. Each community was required once a year, early in October, to select a number of deputies from the ” ancientest and most consider- able in lands and possessions.” The community about Annapolis was required to select twelve, the other communities at least four or five each. If the business on hand was very important a large number might be demanded. The Governor might refuse to accept the deputies, if they were not of the oldest and richest in the community.’ After receiving the Governor’s instructions the deputies were required both to publish them and to assist in carrying them out. Mascarene summed up their duties as follows :

  1. Deputies having fixed times for meeting and consultation should act together in the execution of the orders, etc.. of the
    Government in the interests of justice and of the good of the community.
  2. They should ” in their meetings make joint reply to the letters of the Government addressed to them in common and propose measures for the common good.”
  3. They should watch and keep in hand restless spirits who could turn the habitans from their duty and lead them contrary
    to their oath of allegiance. They were expected to restrain the Indians.
  4. They were to enforce the regulations for keeping up the fences and to prevent the trespass of unruly cattle.
  5. They were to concert measures for the improvement and upkeep of bridges and highways. They were to assign to each
    habitant what according to custom he must contribute in material, labour, carriage or payment.
  6. They were to keep an account of the mills, those erected by the seigniors and those erected ” without leave since the King has been in possession of the seigniory.” and the dues that should be paid so that ” the King may get his rights.”
  7. They were to arbitrate in land disputes, but appeal to the Governor-in-Council was permitted. They were to redress
    wrong and recover stolen property.

In short the deputies were practically mediators, with little real power but great opportunity to facilitate or clog the work of administration. In only one instance is there evidence of the appointment of an Acadian to be a justice of the peace.” Prudent Robicheau was the honoured name. A Prudent Robicheau, once before, had been rejected by tlie Governor as a deputy because of lack either of ancientness or possessions.’

The independent fishermen of Canso were not disposed to brool< much interference from the Governor Their local affairs were managed by justices of the peace (and it is worth noting) ” with a committee of the people of Canso.” These justices seem at least to have been acceptable to the people. On one occasion the Governor sent three commissions for justices of the peace in blank, which the other justices and probably the committee were to fill in.* On another occasion there was a vigorous protest against Captain Aldridge. who seems to have been anxious to introduce something not far remote from military rule.* The Governor reproved him.

The system of deputies (or rather hostages) for the French and justices of the peace for the English was a rather happy compromise. It was lacking in power to coerce, but it provided good machinery for informing the people of the Governor’s instructions and the Governor of the people’s wants.

Government by Courts of Sessions

In 1749 Governor Cornwallis in accordance with his instructions erected three courts of justice, ” The first was a Court of General Sessions similar in its nature and conformable in its practice to the Courts of the same name in England.” “The second was a County Court having jurisdiction over the whole province (then a single county) and held by those persons who were in the Commission of the Peace at Halifax.”‘ ” The third was a General Court. This was a Court of Assize and general jail delivery in which the Governor and Council, for the time being, sat as judges.”‘ In 1754 a Supreme Court with a chief justice specially appointed for judicial work took the place of the General Court. These three courts were primarily courts of law, and yet one, the Court of Sessions, discharged important administrative functions, and another, the highest, was primarily not a court of law but an administrative body. To understand the Court of Sessions and its diverse duties one should turn to its history in England.

Unusual as is today the merging of judicial and administrative functions, it was not novel to Nova Scotians one hundred and fifty years ago. When Halifax was founded, the Governor-in-Council was a legislative, administrative and judicial body in one. Although it was relieved of its judicial functions in 1754 the chief justice still remained a member of the Council, became a governor, and exercised administrative powers until driven out of the Council in 1838 by Howe. The Council claimed the sole right to legislate until the chief justice questioned the legality of its acts and caused the Secretary of State to direct the Governor to summon an Assembly. Still the Council continued to discharge executive and legislative duties until separation was forced in 1838. And it was not until 1848 that Howe completed his great task and made the Executive Council dependent upon the will of the majority of the Assembly.

In the courts of general sessions, it may be explained, the sheriff as appointee of the Crown was the executive officer ; the justices were the guardians of the peace, also appointed by the Crown; and the grand jury was the people speaking through a select few. From the earliest times these courts were administrative as well as judicial bodies. Obviously the transition is easy from inquiries into how the King’s peace was observed to inquiries as to measures to secure its better observance, e.g.. the establishment of court-houses, jails, etc., bridges for the improvement of the King’s highway and the like.

In 1749 Cornwallis appointed four justices of the peace for Halifax. In addition to these there were those who by virtue of their office were conservators of the peace. At one time the captains of the ships in the harbour were justices of the peace for Halifax. Ordinarily those justices were appointed by special mandate of the Governor. According to English practice they must be residents of the county. Their number seems to have been unlimited, and they held office during the pleasure of the .Crown, In the days of Howe’s battles the larger counties had forty or fifty and when the Municipalities Bill became law some counties were credited with between one and two hundred. The general sessions of the peace were usually not well attended except by a few who took an active interest, but on occasions when some matter of widespread interest, such as the granting of liquor licenses or some questions of political moment were up, the attendance was large and the meetings frequently tumultuous.

The grand juries were composed of residents of at least three months standing having freehold in the county of the clear yearly value of $10 or personalty of $100. The sheriff was required each year to prepare a list of those qualified to serve. Their names were to be written on similar pieces of paper and put in a box. At a stated time the names of those to be summoned to serve were to be drawn out of the box. This method prevented jury-packing, and if it did not secure for the people the spokesmen whom they might have chosen it prevented the sheriff from stopping the questions of the people by summoning subservient tools.

The sheriff was appointed by the Crown each year. Previous to 1778 there was one provost Marshall for the province of Nova Scotia. Thereafter a sheriff was appointed for each county with the usual powers of Sheriffs in England. The chief justice or presiding justice selected three names, one of which was the retiring sheriff (unless a majority of the justices of the peace protested) and the Governor-In_Council must select one of these Sheriff for the year. In New Brunswick the provost Marshall disappeared about 1790, and the appointment of Sheriffs does not seem to have been hedged about with restrictions.

Local Divisions

There is considerable diversity in the three provinces with respect to municipal divisions. In all three the county divisions are the most important. New Brunswick was divided into counties, and the counties were subdivided into parishes, first by letters patent and later by Act of Parliament. In Nova Scotia the townships and settlements were the first to appear; and later out of or about these the counties were constructed. Nova Scotia also recognized other units such as “Divisions” and “Districts.” Prince Edward Island was divided into “Counties,” Parishes,” “Lots,” and three towns with royalties and commons attached.


Nova Scotia.- The “Division” in Nova Scotia was merely a circuit for the Court of Common Pleas reconstructed in 1824. The province, excluding Halifax and Cape Breton, was divided into three divisions.
In 1749 there was but one county. When the question of representation in the Assembly came up, the township as well as the county was considered worthy of representation. In 1833 Murdoch wrote: “Some of the counties are divided into Districts to facilitate the local business of the county, giving each district a set of public officers nearly equivalent to those of a separate county,” e.g., a court of general sessions of the peace.” “In Halifax county there are three districts-Halifax proper, Colchester, Pictou, each of which has every arrangement for the administration of justice, the registry of deeds, etc., as if it were a separate county wanting only the name and a county representative in the Assembly.” “Each district,” says Haliburton, “is or should be furnished with a court house, but the jail belongs to the county. The sheriff’s authority is commensurate with the county and the commissions of the peace extend throughout the same. The localities of the juries both in real and personal have also a reference to the county; and the election of representatives is in no way affected by this local arrangement of districts.”

“The settled parts of the province,” wrote Murdoch in 1833, “and those where settlements are attempted have been further divided into Townships, some as large as the smaller counties and many more of smaller dimensions, and it is probable that this mode of division will be extended over the whole surface of the country as it is a favourite manner of allotment in North America, and it is very useful as a guide to the arrangement of the representation, the local assessment and a variety of other purposes.” Haliburton stated in 1829 that a “township contains no certain definite quantity of lands nor assumes any prescribed shape as in Upper Canada where it is generally under- stood to extend nine miles in front and twelve miles in the rear; nor is it endowed with all those various corporate powers which the townships of New England possess, beyond the election of a representative; which privilege is not enjoyed by all. The inhabitants have no other power than holding an annual meeting for the purpose of voting money for the support of their poor.” Governor Lawrence in his proclamation of 1758 declared that “townships are to consist of 100,000 acres.” This seems to have been the usual size for those in the valley and on the Atlantic coast. On the other hand, the three townships of Pictou county contain over 200,000 acres each. Governor Lawrence also declared that every township containing fifty families would be entitled to send one representative to the Assembly. At the first Assembly it was proposed to restrict the qualification to twenty-five voters, but the Home Government insisted on fifty. Since Lawrence’s proclamation was addressed to New Englanders it is probable that their views about townships were adopted. In 1829 the province contained 10 counties (5) counties being subdivided into 12 districts) and 50 townships.

Murdoch’s expectation that the “townships” division would extend over the whole province has not been realized. Today they are important only as marks of land grants. The decline of the “township” began with the Electoral Act of 1847. Previous to this, simultaneous elections had been impossible because of the difficulty of polling the entire vote of a township or settlement in one day. To meet this difficulty the counties were divided into electoral districts or polling sections. Where townships existed this Act respected their boundaries in the setting off of the electoral districts. When no townships were recognized the electoral district provided a useful unit. In time the polling section became the constituency of a county councillor, and a poor division. In 1843 and 1844 two large and unwieldy townships in Pictou county were subdivided for poor purposes. In 1855 an Act provided for the incorporation of townships. No advantage was taken of its permission. When the right of sending a representative to the Assembly was taken from the townships in 1857 or 1858 the township lost the last shred of political importance. Henceforth it was but a name known to those who were interested in land titles.

New Brunswick.-Before New Brunswick was erected into a separate province the county of Sunbury and the township of Sackville were granted representation (1767) in the Assembly of Nova Scotia. The boundaries of the parishes or tow is of what afterwards became the county of Westmorland were defined by the boundaries of the lands granted by Nova Scotia.
By letters patent in 1785 Governor Carleton set off the boun- daries of the counties of St. John, Westmorland, Charlotte, Northumberland, Kings, Queens, York and Sunbury; and for the better administration of justice subdivided them into towns or parishes. The Legislature confirmed this division in 1786.

The plan was simple. The whole province was divided into eight counties. The settled portions were Sunbury on the St. John, Westmorland west of Nova Scotia, and St. John, the landing-place of the Loyalists (1783). The new counties were set off and Sunbury was the residue. Some of the boundaries were defined with reference to townships, e.g., St. John began from Hopewell township, York from Maugerville, Queens from Burton. The counties again were divided into ” towns or parishes.” The term “parish” rapidly supplanted that of township.” The “township” may be traced to Massachusetts, the “parish” to New York and Virginia. In England the parish was of course originally an ecclesiastical division, the township a civil.

The blending of the ecclesiastical and the civil appears as late as 1790 in New Brunswick. Governor Carleton in a letter (dated Aug. 20th, 1790) to the Secretary of State says of the provision made for education and religion: “There are now six ministers of the Church of England, having salaries from the Society for the Propagation of the Gospel, in addition to £100 allotted to each by an annual grant of Parliament, the glebe lands still being unproductive. The province has been divided into eight counties with thirty-nine parishes, all of which, how- ever, do not require a permanent minister at present.”

It is worth noting that in New Brunswick the county is sub- divided, and that in Nova Scotia the county is apparently a group of townships or settlements, as Mr. McEvoy states to be the case in Ontario. This difference had important consequences. It gave the township an independence in the public mind not possessed by a mere subdivision of the county (the parish). This is seen in the town meetings which were a feature of the Nova Scotia townships and electoral divisions down to 1879, although temporarily suppressed in 1770, as already remarked, through fear of revolution. This feature survived in the charters granted to such towns as Dartmouth (1873), Pictou (1873), New Glasgow (1875), which required an annual meeting of the ratepayers to receive the reports of the town’s officials and to authorize expenditures. In 1905 again, for example, Dartmouth held a town meeting to consider the increase of water supply and other matters. There were parish or town meetings in New Brunswick, particularly in the eastern portion, but they seem to have been due partly to the Nova Scotia example and partly to the movement for responsible government which secured an Act (in 1850) giving parishes or towns the privilege of electing their officials. This privilege seems not to have been generally taken advantage of, for pro- vision is made for appointment by the justices should there be no election; and in 1854 the consolidation of the statutes makes no mention of election.

The care of its own poor was the first, the primary and, as Haliburton said in 1829, practically the only duty of the parish or township; yet it is worth noting that the early schools in New Brunswick were parish schools and that the trustees were parish officials. The Superintendent of Education in 1904 recommended a return to the larger unit for school purposes, and suggested the parish as a suitable unit.

Prince Edward Island.-The Island was divided into 67 lots, usually containing about 20,000 acres each. These were grouped into three counties and in each county a town site with royalty and common was laid out for a capital. “The intention was that the man who held a lot in the town should be allowed a lot in the royalty for pasturing purposes. The common was situated between the town and the royalty and was for pasture purposes in common.” The counties were sub-divided into 14 districts or parishes. The “parish lines are but little recognized.” “These local divisions became practically useless and are seldom mentioned now except in legal proceedings connected with old land titles.” With the exception of the capital city, Charlottetown, there is but one other municipality, the town of Summerside. Local affairs are thus-doubt- less on account of the smallness of the island province-in the hands of the provincial Legislature and its local officials.

Appointment of Local Officials

Nova Scotia.-In Nova Scotia various methods of appointing local officials have been followed at different times. Before the establishment of courts of sessions the Governor-in-Council stared the privilege with the town meeting. Upon the institution of the courts the appointment of the great majority of the officials was delegated to them, in some cases without restriction, in others subject to the nomination of the grand juries. In a few instances the grand juries appointed, subject to the ratification of the justices. Of the five methods: (1) the Governor-in-Council, (2) popular election, (3) the court of sessions, (4) the sessions upon nomination of the grand jury, (5) the grand jury subject to the ratification of the justices, the mast common was the appointment by the sessions on the nomination of the grand jury. The Governor-in-Council appointed the sheriff, coroners, justices of the peace, commissioners of sewers and dykes, gaugers (from 1761 to 1769), commissioners for schools in each county and district (from 1828).

In January, 1751, the Governor-in-Council ordered that the “town and suburbs of Halifax be divided into eight wards and the inhabitants be empowered annually to choose the following officers for managing such prudential affairs of the town as shall be committed to their care by the Governor-in-Council, viz., eight town overseers, one town clerk, sixteen constables, eight scavengers.” In 1763 the town meeting (which was held twice a year) chose the assessors of the poor rate. This practice was also authorized by an Act passed in 1851. The assessors appointed the collectors of the poor rate, which, wrote Murdoch in 1833. “is the only regular fund managed by the township authorities without the intervention of the sessions and grand juries of the county.” From 1859 to 1878 the town meeting could choose the collectors.

In 1762 the grand juries in sessions were empowered to appoint annually cullers and surveyors of dry fish, surveyors of lumber, and surveyors of cordwood; and three years later the appointment of the county treasurer, subject to certain restrictions, was placed in their hands. The usual method of appointment by the sessions required the juries to nominate. At first twice as many candidates as there were offices were to be nominated; but later (1811) the number was to be as many as the justices in sessions might direct,” as the numbers before limited by law were found insufficient.” Apparently the juries by nominating impossible candidates could force the justices to appoint those whom they desired.

The officials appointed by the justices on the nomination of the grand juries, as given by Murdoch’ in 1832, with the dates of the Acts giving the power were as follows: In 1765 surveyors of lines and boundaries of townships and overseers of the poor (“both offices united in the same persons “), a town clerk, constables, surveyors of highways, fence viewers, clerks of market, poundkeepers, cullers and surveyors of fish, surveyors of lumber, sealers of leather, gaugers of casks, hogreaves (1792), measurers of grain, salt, coals, inspectors of lime and bricks, inspectors and repackers of beef (1794), surveyors and weighers of hay (1777), inspectors of flour and meal (1796), inspectors of red and smoked herrings (1798), inspectors and weighers of beef (1829), inspectors of thistles (1791), and inspectors of butter in Cumberland county (1802). The local trustees of schools were, according to the Act of 1828, appointed by the commissioners of schools who were nominees of the Governor-in-Council.

After Howe became prime minister an Act was passed in 1850 dividing Halifax into townships, and giving each township the right to elect a warden and four councillors who were to have all the powers “now exercised by the justices of the peace”; and empowering the ratepayers at the annual meeting to elect all township officers whether “now appointed by the sessions, town meetings or others as considered necessary.” This Act was per- missive and seems never to have been put into effect. A similar Act (1856), intended for the other counties, was put into effect in but one county, Yarmouth, and then only for three years.

The method of appointment by the justices on nomination by the grand juries continued until incorporation was made compulsory for all counties and districts in 1879.

New Brunswick.-Governor Carleton and the Assembly from the first decided to give the people, either directly or indirectly through the grand juries, as little power as possible in the appointment of local officials. In the draft of the Highways Bill submitted to the House in 1786 provision was made for the nomination of road surveyors or commissioners of the highways by the grand juries. This provision was struck out before the bill became law. New Brunswick was to “improve upon the constitution of Nova Scotia.”

The justices of the peace were empowered to appoint, at the first sessions of the court each year, “out of every town or parish in the said county three overseers of the poor, a clerk of the town or parish, a clerk of the market, a sealer of leather, three assessors, two or more constables, two or more fence viewers, a sufficient number of poundkeepers, cullers and surveyors of fish, surveyors of lumber and cordwood, gaugers of casks, hogreaves, surveyors and weighers of hay, surveyors and examiners of any staple commodity and (in 1805) parish school trustees.

In addition the Governor-in-Council appointed a great many officials, e.g., commissioners of sewers (1786), supervisors of great roads (1822), commissioners for the almshouse in Fredericton (1822) and Northumberland (1828), grammar school trustees (1829), firewards in Fredericton (1824), Newcastle and Chatham (1828), St. Stephen (1833), boards of health (1833), marine hospital trustees (1822), commissioners to collect dues for disabled seamen (1826), commissioners for the provincial House of Correction (1841), also for the asylum for the insane.

In 1850 the parishes were granted the privilege of electing the town or parish officials hitherto appointed by the sessions, except the treasurer, auditors, trustees of schools, overseers of fisheries, inspectors of fish, wharfingers, port warden, harbour master, pilots and firewards, who were to be appointed as before by the sessions. In the following year the same privilege was granted to parishes organized as municipalities. But failing election, appointment was to be made by the sessions or the council. When the statutes were consolidated in 1854 this privilege of election was withdrawn from the parishes. Probably little use had been made of it. It is possible that this introduction of the township idea was suggested by what Howe had done in Nova Scotia. It is well to remember that it was in 1848 that Nova Scotians gained responsible government.

Prince Edward Island.-As Bourinot remarks, “no system of local government ever existed in the counties and parishes as in other parts of America. The Legislature has been always a municipal council for the whole island.” In 1833 the representatives of Charlottetown in the Legislature were instructed to summon the inhabitants to vote money for local purposes and to appoint assessors and collectors. The following year the inhabitants of each school district were required to choose five trustees.

The Powers and Municipal Labours of the Sessions

Nova Scotia.–In the exercise of their administrative functions the justices of the peace appointed officials, ordered assessments and controlled expenditures, controlled certain licenses such as those for the sale of liquor, and made regulations about a variety of subjects. The list of subjects is similar to that given below for New Brunswick. In New Brunswick the justices in sessions were less restricted in the exercise of their powers by the grand juries than were their fellow justices in Nova Scotia.

In 1877 the committee appointed to revise the statutes prepared a draft summarizing the powers of the courts of sessions. But apparently after the draft had been printed and submitted to the Legislature it was decided to make the Municipalities Act compulsory and to abolish the courts of session. In that draft these courts were (1) given power to appoint and define the duties of the parish officials; (2) given charge of jails, lockups, workhouses or almshouses (unless entrusted to special commissioners) and village police; (3) required to prevent vice, dis- orders and disorderly driving, Sabbath profanation, nuisances, noises; (4) required to regulate the sale of liquor, circuses, exhibitions; (5) required to make regulations concerning trespass by domestic animals, the marking of cattle, pounds, dog tax, destruction of mad dogs, noxious weeds, fires, bush burning, trucks, depositing of ballast, markets, measuring and inspecting such commodities as bread, salt, coal, hay, iron, lumber; (6) required to have charge of ferries, streets, public wharves, bridges, booms, timber driving, commons, marshes, school reserves, river banks. At an earlier date they had had charge of inland fishing (1799), grazing on the commons (1814). parish schools (1823), lunatics (1824), the prevention of infectious diseases (1799).

The care of the poor was a parish charge and was in the hands of overseers appointed by the sessions.

The sessions assessed upon the presentment of the grand jury of the county setting forth the sums required for (1) the expenses of criminal justice, such as the building and maintenance of county court houses, jails, stocks, pillories, pounds, conveyance and support of prisoners, salaries of clerk of the peace and jailor; (2) the support of the or; (3) the building and repairing of bridges and other public works authorized by parliament; (4) the expenses for preventing fires. “The sessions apportion the sum presented fixing on each township and settlement the portion they think it should bear” (1765). It also appointed two collectors and three assessors for each township on the nomination of the grand juries (1777). The moneys collected were handed to the treasurer, who was chosen by the grand jury, and approved by the justices in sessions, to whom also the treasurer accounted quarterly (1813), and to whom appeals lay from the assessors.

Other sources of revenue were from rents from public buildings, fines and forfeitures, license fees from hawkers and pedlars (1782) and liquor sellers (1787). The liquor license fees were collected by a clerk of licenses appointed in Halifax by the Governor, elsewhere by the justices of the peace, who selected one of three candidates nominated by tire grand jury. Three-fifths of the license fees (liquor and hawkers) in Halifax went to the commissioner of streets; two-fifths to the police department. When money was to be borrowed permission had to be received from the Legislature.

The various officers were accountable to the sessions for the moneys entrusted to them. The grand juries had the right to inspect the accounts and to make a presentment upon the administration of the justices or their officials. The way in which the latter discharged their duties in Halifax was exposed in a painful manner by Howe in 1835.

New Brunswick.-The sources of revenue and the administration of it were similar to those of Nova Scotia. Apparently (though the evidence is not clear) the grand juries in the early days were not so influential in New Brunswick as in the sister province. In 1833 the justices in session were required to cause accounts of public moneys to be laid before the grand jury, and the grand jury was empowered to “make such presentment thereupon as they see fit.” In 850 stress was laid upon the recommendation of the grand jury for buildings and contingencies as a necessary condition to an assessment by the sessions. Further, the accounts of the county and parishes were to be laid before the grand jury, when the town or parish officers were to be appointed. Also at the time of the election of town or parish officers, the overseers of the poor, collectors of rates, and commissioners of highways were required to lay their accounts before the ratepayers for examination. The growing influence of the grand jury and the open examination of accounts were due to the demand for representative government.

It is worthy of note that today in Nova Scotia and New Brunswick each poor district or parish must bear the cost of the maintenance of the poor who have “settlement” within it. Every other charge, even the support of the insane poor at the provincial hospital, is a county charge. The sole exception in New Brunswick is the charge of opening up a new road.

Reform

In 1835 Joseph Howe published in the Nova Scotian a number of letters attacking the Halifax County Sessions, for which he was arrested on a charge of criminal libel; he was, however, finally acquitted in triumph in spite of the charge of the judge to the contrary. The repeated declarations of successive grand juries and the chorus of popular approval that greeted him seem to warrant one in believing that Howe’s severe arraignment was justified. He charged’ them with unfair assessment, mismanagement of public accounts, “miserable but costly corruptions of the Bridewell (Prison) and Poorhouse,” inefficient and dilatory administration of justice, all of which were supported by quotations from reports of grand juries and of a special committee appointed by the Governor-in-Council.

In its report published shortly before Howe’s trial, the grand jury stated that “but £36 of the whole assessment of the year had been collected and that from persons much less able to pay than many who stand in the list of defaulters.” Howe gave examples of the effect of the failure of the sessions to collect rates in the county outside of the city and from a large number of favoured or careless ratepayers. Although the city contained 14,439 people as compared with 10,437 in the county, from 1825 to 1835 not one shilling had been received from the county outside the city. Apart from the large amount of uncollected taxes, the management of funds collected was careless and irregular. Instead of paying into the treasury, collectors of taxes were permitted to pay to other persons, who appropriated the funds to suit their own convenience, causing much hardship to civic officials and creditors. “The credit of the county is absolutely so bad that an advance of forty or fifty per cent. is. required in all purchases made on account.” The grand jury returned the county treasurer’s accounts as being incomprehensible, not so much from fault of the treasurer as from the con- fused manner in which public accounts were kept. Examples of the inefficiency of the police, of the unequal administration of justice and of the indifference of the magistrates were cited. Although the law required all magistrates to attend general and quarter sessions under penalty of removal from office, “from the record of five years it appeared that not more than three justices had usually attended the general sessions of the peace in Halifax, frequently but two and sometimes only one.” The grand jury, which in effect was the organ of the people, Howe declared had been frustrated in its attempts to detect and remove abuses. Sometimes the magistrates refused it access to public documents and at other times ignored its recommendations. Finally the grand jury refused to assess, and thus brought matters to a head.

It should be said in fairness to other courts of sessions that there is little doubt that Halifax stood alone in its bad preeminence. Yet enough remains to show that the system had many serious defects. It was not, however, unacceptable elsewhere. For nearly thirty years a permissive Act for municipal incorporation held open a door of escape for the several counties in Nova Scotia and New Brunswick. In Nova Scotia one county only took advantage of it and that for but a brief period.

Government by Elective Councils

Nova Scotia.-Responsible government for the province logically implied self-government in the municipalities. In Nova Scotia, since 1763, the township had the right to meet and vote money for the support of the poor and to elect the assessors required to get this money. This right the townships, or settlements as they were sometimes called, continued to enjoy until 1879.


It was natural for Howe to begin at home with his municipal reform. Halifax city had been given the right to govern itself in 1841. Halifax county, however, was still governed by the court of sessions when the victory for responsible government brought Howe into power. Whatever the cause, whether it was Howe’s New England ancestry, or the prominence of the township in western Nova Scotia, or the difficulty of combining the very diverse and widely separated sections of Halifax into one county, Howe adopted the township as the unit of municipal government in the Act of 1850. This Act provided for the appointment of commissioners to divide Halifax county into townships, each township to elect a warden and four councillors, who were to assume all the powers and duties of justices of the peace for the county. But little or nothing seems to have resulted from this Act.

In 1855 there was passed an elaborate Act providing machinery for municipal government in the four counties of Yarmouth, Annapolis, Kings and Queens, the four counties in which New England influence was strongest. The following year this restriction was removed and all other counties and a number of districts, such as the French districts of Clare and Argyle, the Scottish St. Mary’s and the pre-loyalist Barrington were given an opportunity, should they wish to transfer the government of the locality from the quarter session to elective councils.

In the same year another Act providing for the self-government of townships was passed. A reeve and four councillors were to be elected by the township, and the reeves in the county were to form the county council. The township councils were to exercise the power of county councils with reference to roads, the poor, prevention of vice and assessment, with the following exceptions. The expenditure of the government grants for roads, the erection of bridges, the control of liquor licenses, the regulation of ferries, wharves, markets and fairs were with- held from them. The annual town meeting was expressly provided for.

Both the County and the Township Acts were permissive and remained in force until the compulsory Act was passed in 1879. Yarmouth was the only county to apply for the privileges of the Act. But after three years’ trial, in 1858, it petitioned for the old order of local government; yet Yarmouth has always been noted for its sympathy with New England ideas.
The towns were more anxious to secure the privilege of self-government, more particularly the privilege of assessing for local purposes and of borrowing money. Each town sought incorporation by a special Act. Pictou and Dartmouth in 1873.

Municipal Organizations

Rural municipalities, towns and cities are incorporated under different Acts. The Municipalities Act applies to counties and, in the case of Nova Scotia, to districts as well, i.e., to divisions (never more than two) of a county. The Towns Incorporation Act of Nova Scotia provides for towns whether previously or subsequently incorporated: in New Brunswick the Towns Incorporation Act applies only to the towns incorporated subsequent to the passing of the Act. Each city has a special charter.
In Nova Scotia six of the eighteen counties are divided into two districts, making altogether twenty-four rural municipalities. These are again divided into polling districts, each of which is entitled according to population to at least one representative in the council. Only in one instance has a polling district as many as three representatives. The qualifications of municipal councillors and of voters are the same as those required of members and voters for the House of Assembly, except that since 1887 the franchise has been given to unmarried women, assessed for $150 realty or $300 personalty.
The elections are held on the same day throughout the province. Councillors previously sat for one year; but since 1892 their term is three years. Like the provincial Assembly the council chooses its presiding officer (the warden) at the first session after election, grants an indemnity ($2 a day and 5 cents a mile) to its members and an additional sum ($50) to the warden. It has power to assess for enumerated purposes, chief among which are the support of the poor, prevention of disease, administration of justice, court house and jail, protection from fires, bounties for certain wild animals, ferries and markets, roads and bridges (not exceeding $1,000 unless with the approval of the Governor-in-Council). Districts within a municipality may petition for the privilege of assessing for specified purpose: and be rated accordingly. Loans for current purposes are limited to $2,000 subject to the approval of the Governor-in-Council. A contingent fund of $500 is permitted. All by-laws are, however, subject to the approval of the Governor-in-Council.

The Towns Incorporation Act of Nova Scotia was passed in 1888, revised in 1895, and embodied in the consolidation of 1900. It requires a majority vote of the ratepayers of the town in favour of incorporation before such incorporation can be granted by the Governor-in-Council. A further condition was subsequently added. There must be at least 700 persons dwelling within an area of five hundred acres of land.

A mayor and six councillors are to be chosen at the first election by the entire town. The council has power to divide the town into wards and assign two councillors to each ward, these to be elected by the rate, ayers of the ward. The mayor holds office for one year, the councillors for two years; but one-half of the council retires each year.
Both mayor and councillor must be British subjects, at least twenty-one years of age, and ratepayers, the mayor’s assessment reaching at least $500 real or $1,000 personal property.

The council has power to assess for the poor, schools, streets, sewers, water, fire, the courts, police, salaries and the county fund. But before it can grant a bonus, or make a permanent loan, the sanction of the town meeting and the authority of the Legislature must be secured. A loan for school buildings need not be specially authorized by an Act of the Legislature. Exemption from taxation cannot be granted unless sanctioned by a special Act of the Legislature. And all the by-laws or ordinances passed by the town council are subject to the approval of the Governor-in-Council.

The council appoints all officials save the stipendiary magistrate, who is appointed by the Governor-in-Council. The town clerk holds office during good behaviour. The town solicitor may be dismissed by a two-thirds vote. But an official who holds office during good behaviour may appeal to a judge of the County Court or Supreme Court to call upon the mayor and town council to show cause for his dismissal or the reduction of his salary. All other officials save one are appointed for one year. The council appoints three revisers to revise the electoral lists.

Local Problems

Revision of electoral lists, liquor license control and assessment are responsible for most of the local municipal conflicts. As the burdens of taxation increase, the inequalities of the systems become more galling, and the demand for reform more insistent. The control of the sale of liquor has divided the community into two factions, while the revision of the electoral lists opens and keeps open the door to party politics and determines whether a road shall be ditched or a sewer laid according to the great principles of rival national policies.

Electoral Revisers.-Accordingly the revision of the electoral lists is jealously watched. The provincial lists are now used for federal elections, and are prepared by local authorities. The introduction of federal politics into municipal affairs is due partly to this, partly to the patronage placed in the hands of the councillors by the road grants, and partly to the tendency of co-workers in the federal and provincial contests to assist each other in municipal contests.

In Nova Scotia the three electoral revisers are appointed like other municipal officials. They are usually selected from the councillors for the districts concerned. The revisal section in rural municipalities consists of not less than two or more than five polling districts, as the council may determine, each polling district being usually represented by one councillor. Each town. constitutes a single revisal section. The city of Halifax has a registrar of voters, who is appointed by the council, but cannot be removed except for cause.

In New Brunswick the revisal section is the parish. In 1854 the law directed that the revisers be appointed or elected like other parish officers. In 1877 the county councillors of each parish were to be the revisers. If they were but two in number, the council selected another; if more than three, the council selected three. In cities and towns the councils elected the revisers. In 1899 the provincial Government secured the right to appoint the chairman, the other two being councillors.
Sale of Intoxicating Liquors.-The sale of intoxicating liquors is prohibited or regulated by municipal ratepayers in accordance with either the Canada Temperance Act, usually called the “Scott Act,” or a provincial prohibitory law (in Prince Edward Island) or a provincial license law. Compared with the federal Act the provincial prohibitory Act of Prince Edward Island is more stringent. It forbids. the sale except for specified purpose and then through a regularly appointed agent. It gives greater powers with regard to searching, and it provides that any one arrested for drunkenness may be required under oath to state where he received the liquor. In Nova Scotia six counties and Halifax have adopted the provincial license law, the remainder the Dominion prohibitory law. In New Brunswick the provincial license law is in force in the five northern or French counties and in the city of St. John, and the Dominion prohibitory law in. he remainder.

The enforcement of the law is placed in the hands of an inspect or inspectors appointed in Nova Scotia by the municipality. The appointment of an inspector or inspectors must be confined or vetoed by the Governor-in-Council. In New Brunswick the license inspector is appointed by the Governor-in-Council, the “Scott Act” inspector by the municipal council. In Prince Edward Island the police in towns are also inspectors under the law. Their vigilance varies, however, with the complexion of the council as reflected in the com- mission or committee controlling them.

The number of licenses granted is restricted in the following ways. In New Brunswick a distinction is drawn between counties or rural municipalities, incorporated towns and cities. In counties one license is permitted for each full 400 of the first 1,200 population and one for each 1,000 thereafter; in towns one license is permitted for each full 250 of the first 1,000, and one for each 500 thereafter; in the city of St. John the number is limited to 75 shop or tavern licenses and 7 hotel licenses. Since 1877 any parish in a county or any ward in a city has the right of vetoing the granting of licenses within its bounds by recording a majority vote of its ratepayers against it. In Nova Scotia the number is not limited by law, except in Halifax, but the town or the polling district in the county or in the city of Halifax must first express its willingness for the granting of a license by a petition signed by a certain proportion of the ratepayers. In the county or the incorporated town the proportion is two-thirds in favour. In Halifax three-fifths of the ratepayers of polling districts are required for a retail license, a majority for a wholesale. The licenses are granted in Nova Scotia by the council, town or county; in New Brunswick by three commissioners appointed by the Governor-in-Council. Each commissioner holds office for three years, one retiring each year. In each province stringent conditions must be complied with before a license can be granted, and in New Brunswick a commissioner may be subject to a heavy fine for the illegal granting of a license.

The license fees and fines in Nova Scotia go into the municipal treasury. In New Brunswick the spoil is divided with the provincial treasury.

Assessment.-General Acts govern the assessment in counties and towns in each of the three provinces and special Acts the assessment in cities. The provincial Act of Nova Scotia declares all real and personal property and income (subject to certain exemptions) liable for taxation. The assessment law of Hali- fax omits income. A fixed poll tax of 60 cents in the country, $2.00 in towns or $5.00 in Halifax is also exacted. Exemptions are numerous and important. Among others may be mentioned the property of widows to the value of $400, implements or tools of farmers, mechanics or fishermen to the value of $200, the produce of the farm and of the sea; income up to $400 in the country and $600 in the towns. Ships are rated at half value. Funds in provincial debentures, the income from provincial or municipal debentures, the property of railways, and other property by special Act, are exempt.

The New Brunswick provincial Act requires one-sixth of the tax to be raised by a poll tax and the remainder to be levied equally on real and personal property and income. Fredericton until 1907 enjoyed the distinction of retaining a provision whereby income is rated at full value and real and personal property at one-fifth. The exemptions granted are similar to those of Nova Scotia. Corporations are assessed on their paid- up capital less their real estate.

In Prince Edward Island the confusion of provincial and local obligations has produced a distinct type of assessment. The absence of mines, forests and important industries leaves that pastoral island without the great sources of revenue of the sister provinces. The heavy burden of the schools is principally borne by the provincial treasury and not by the district assessment. The principal sources of revenue are the Dominion subsidy, the land, income and road taxes, license fees and succession duties.

The land tax was introduced in 1894. At first it was levied at from one to six cents per acre according to value, but in 1897 this was changed to a percentage tax of one-fifth of one per cent., or twenty cents on every $100. The value of the land includes the value of buildings, but after the first year improvements are not assessed. A rate of one and a half per cent is levied upon income, but income due to manual labour, not exceeding $300, is exempt. The road tax is simple. A poll tax of $1.00 is levied on men between 21 and 60, and twenty-five cents for each horse over three years of age.

In the cities and towns generally there is much dissatisfaction over the system of taxation. Fredericton vigorously protested against the heavy burden placed upon income. John and Halifax complain of the hardships suffered by merchants and manufacturers who carry large stocks of goods. Partial relief was given in Halifax by placing merchandise at three-fourths value and by exempting by special legislation certain industries. Wharf property and shipping were granted similar relief. In St. John the heavy burdens which that ambitious city has incurred its efforts to equip the harbour with ample docks and facilities have aggravated the unequal pressure of its system; and an assessment commission has just reported in favour of a change to a tax on rentals very much as in Ontario. Another commission is sitting in Fredericton. Halifax has had its full share of committees and commissions, yet more are demanded. Fredericton’s preposterous income tax was neutralizing the great advantage of central position and natural beauty and was driving many away. And in both St. John and Halifax municipal taxation is unduly checking manufacturing and trading enterprise.

1 The name of New Ireland was proposed at different times for each of these new provinces. The legislature of Prince Edward Island in 1780 adopted the name, but the Sovereign disapproved. Later it was proposed for New Brunswick (N.B. Historical Collections No 6, p.441), but again prejudice prevailed over the passion for symmetry.

Murray, Walter C. (Walter Charles), 1866-1945. Local Government In the Maritime Provinces. [Canada?: s.n., 1907] https://catalog.hathitrust.org/Record/100296416/Home, https://www.forgottenbooks.com/en/books/LocalGovernmentintheMaritimeProvinces_11146177

Christ Church, Dartmouth, Nova Scotia, 1817 to 1959


“The Corner-Stone of a Church to be erected by subscription of the inhabitants of Dartmouth and Halifax, aided by a donation from His Excellency Sir John C. Sherbrook, was laid at two o’clock this day, by His Excellency the Earl of Dalhousie, who has also been a liberal subscriber to the undertaking, in the presence, and under the auspices of the Right Reverend the Lord Bishop of Nova Scotia, Rear Admiral Sir David Milne, K. C. B., The Hon. Commissioner Wodehouse, the Rev. Dr. Inglis and many other respectable parishioners”……NOVA SCOTIA GAZETTE, Halifax, 9th July, 1817.

Thus runs the brief official description of an event that marked the initial step in the establishment of an institution that for the past one hundred and forty-two years has been a centre of worship, inspiration and spiritual uplift for the Anglican people of Dartmouth, and also a landmark in the town. Extremely well situated with abundant room for church and complementary buildings, Christ Church, Dartmouth, stands today a memorial to the foresight of the founders of the parish. Time has proved the wisdom displayed by them in the selection of this building site, which was secured by a government grant.

The town of Dartmouth had at that time little more than fifty families and the parish in 1817 covered an area extending from Halifax Harbour east to Chezzetcook, from Eastern Passage to Bedford, and a visit by the rector to many parts of the parish meant long horse-back rides over paths and trails through virgin forest. When Christ Church was erected it was the only church in the town, but not in the area as, nearly thirty years earlier an Anglican church had been built at Preston, about seven miles from the town. On October 3rd, 1791 Bishop Charles Inglis writing to the Archbishop of Canterbury, reported that he had “consecrated churches at Granville, Annapolis, Digby and Preston.

Although no building had been available for church services in the district prior to the erection. of the church at Preston, nevertheless, through the efforts of the rector of St. Paul’s Church, Halifax, N. S. services had been conducted in this area. Dr. R. V. Harris in his book “The Church of St. Paul in Halifax, N. S.” wrote as follows:


“The first church services in Dartmouth were conducted by Mr. Tutty in the fall of 1750. In his letter to the Society, October 29th, he writes:” In a fortnight hence I must officiate there, in the open air.”

In the following July he again writes the Society and refers to a raid, made by Indians on the new settlement on May 13, 1751, adding “Till that time I used constantly to preach there in the afternoon.” After referring to the steps taken to palisade the town, he continues, “When this happens I shall renew my former practice and dedicate the afternoon to their service in spiritual things.”

In November he reports having “once more administered the Holy Communion to the newcomers who were engaged in palisading Dartmouth.”

St. Paul’s seems to have maintained these occasional services until the territory of Dartmouth, Preston and Cole Harbour was set apart in 1792 as a separate parish.”

The Mr. Tutty referred to in the above quotation was the Rev. William Tutty who had come out with Lord Cornwallis as a missionary when the city of Halifax was founded in 1749. He was the first clergyman to hold services in St. Paul’s when as rector he officiated at the opening of that church on September 2, 1750.

“The Society” to which Mr. Tutty reported was the Society for the Propagation of the Gospel in Foreign Parts. This organization, operating in England, supplied and paid the missionaries and other clergy who ministered to the early settlers for many years after the Church of England became active in Nova Scotia.

The Preston church was erected on a high hill about three quarters of a mile to the north of the present St. John’s Church, and was supposed, at that time, to be situated in the center of the parish. The first clergyman appointed to the parish of Preston was the Rev. Joshua Wingate Weeks who commenced work there in September 1792. He remain. ed in charge until December 1795.

On November 3rd, 1792, Bishop Charles Inglis requested the Governor, Sir John Wentworth, to erect Preston, Dartmouth, and “Lawrence Town” into one parish by the name of St. John’s, Preston. This request was laid before the Council and granted. In writing to the Society for the Propagation the Gospel on May 1st, 1794, Mr. Weeks thus described his parish “The mission consists of four towns, Dartmouth is the principal which consists of fifty families; Preston has fifteen; Cole Harbour 12, and Lawrence 23.”

While in charge of the parish of St. John, Mr. Weeks lived in Halifax. Following his resignation in 1795, he was succeeced by the Rev. Benjamin Gerrish Gray, who was born in Boston and came with his father to Halifax in 1776. After his ordination to the priesthood he was appointed King’s Chaplain to the Maroons, who played an important role in the history of Nova Scotia from 1796 until 1799. The story of their coming, their stay in the Halifax-Dartmouth area and their departure for Sierra Leone in Africa, has been told in numerous records and historical accounts. Mr. Gray was recommended for the position of Missionary of the parish of St. John, to which he was inducted in 1795 and where he served until 1799, when he became garrison chaplain. His appointment to the parish of Sackville was made in 1806. He was afterward rector of St. George’s, Halifax, from 1819 to 1823 and was appointed rector of Trinity Church, St. John, N. B. in 1825, serving until 1849. It was in 1825 that the Rev. Mr. Gray, under Bishop’s mandate, inducted into the parish of St. Pauls’s, Halifax, the Rev. Robert Willis in a service that was held outside the locked doors of the church. The reason for this absurd situation was the extreme dissatisfaction and antagonism of the wardens and some of the parishioners over the appointment.

For some years after Mr. Gray’s departure from Preston, the church was served by clergy from St. Paul’s and during this time the people of Dartmouth had to go to Preston or cross the harbour to Halifax to attend church services. This inconvenience brought about the decision to build a church in the town and a definite move was made when land was procured and the erection of Christ Church began. The Rev. Charles Ingles was appointed rector in 1817, and according to S. P. G. reports the Church was opened for service in May 1818.

The original plans of the church show it to have been a simple oblong structure. (The present transepts and chancel were added later.) There were square pews against the wall on each side and a double set of oblong pews down the center of the building. An entry in the first minute book of the parish and vestry meetings records the first Easter meeting as follows-
Dartmouth, April 12th, 1819

“At a meeting of the Parishioners of Christ Church at Dartmouth on this day for the appointment of Parish Officers and other pur- poses according to the Law of the Province, the following persons were chosen, viz,
Samuel Albro, Esq., H. William Scott, Esq., Church Wardens.
James Creighton, Alex McMinn, Daniel Eaton, George Francis, John Reeves, John Stew- art, John Prescott, Alex Farquharson, Stephen Collins, Joseph Findlay, John Tapper, John Hawthorn-Vestrymen.”

It was further decided at that time “to appoint Edward Warren (whose vocation was publican) Clerk and Sexton, at a salary of ten pounds annually.” At an adjourned meeting in April the same year, it was decided to allow the Rector thirty pounds for house rent. This was in addition to his salary of 200 pounds a year from the S. P. G. and surplice fees. Later it was further resolved:

“That the fee simple of each pew be sold by public auction subject at every transfer to be offered to the Church Wardens at the last price given for said pew whether purchased from the Church or individuals; liable to a yearly rent paid quarterly to be hereafter fixed upon and Resolved “That the Church Wardens have the right of making use for the benefit of the public, any pew shut up by the proprietor without sufficient reason assigned and
Resolved “That all arrears of pew rent at the end of the year shall make the pew liable to forfeiture at the discretion of the Church Wardens”.

In June 1819, the Rector and Wardens successfully petitioned the Governor, the Earl of Dalhousie, to have the grant of the land on which they had built the Church, made out and completed. Meanwhile some history that has often repeated itself in this and other parishes was being written. At a meeting of the Vestry held on April 9th, 1821, it was resolved “That a subscription should be set afoot for the purpose of raising a sum to pay the debts of the church, and that it is advisable to receive such subscriptions in quarterly payments, the whole to be paid within the twelve month in order to accommodate those not possessing immediate means”.

Also a petition was made to His Excellency, Sir John Kempt, Governor of Nova Scotia – “For some assistance in relieving the church from the debt under which it is now embarrassed.” Meanwhile the ever present legally-minded parishioners had raised a neat question as to the legality of former proceedings on the ground that Christ Church, Dartmouth, was, in reality, only a chapel-of-ease to the Parish Church of St. John’s Preston. Accordingly it was decided that His Excellency, the Governor be petitioned to divide this parish from the Parish of St. John, which was eventually done.
The Rev. Mr. Ingles, during his stay in the Parish, lived at Brook House, near, what is now, the Woodlawn United Church. Stories of this house and it’s former tenants make up another interesting portion of the history of Dartmouth.

During the year of 1824, William Walker, school master in the town succeeded Edward Warren as Parish Clerk. In 1825, the Rev. Mr. Ingles was appointed to the important and historic parish of St. George’s, Sydney, N. S. the mother church of the Island of Cape Breton.

After the departure of Mr. Ingles in 1825, until the coming of the Rev. Edward Lewis Benwell as rector in 1826, the parish was without a resident clergyman. Amongst the clergy who officiated from time to time were the Rev. B. G. Gray then rector of St. George’s, Halifax, the Rev. R. F. Uniacke, the Rev. C. B. Rosenburg, Chaplain to His Majesty’s Ship “Jupiter”, the Rev. James J. Jackson, Ven. Archdeacon A. G. Spencer, later bishop of Newfoundland 1839-43 and Jamaica 1843-72, the Rev. Robert Willis, rector of St. Paul’s, Halifax, and the Rev. W. W. Walker.

While the parish was without a rector, the important ceremony of the consecration of Christ Church took place. This event marking as it did, the two facts, that the church had all the necessary appointments for the ministration of Divine Service according to the use of the Church of England, and that it was free from debt, must have been of the deepest interest to the parishioners.

The old Minute Book gives in full, the petition and deed of consecration as follows:

Consecration of the Church by the Lord Bishop of Nova Scotia

“To the Honorable and Right Reverend Father in God, the Lord Bishop of Nova Scotia – The Petition of the Archdeacon of the Diocese, Church Wardens and Vestry of Christ Church in the parish of Preston in the Archdeaconry of Nova Scotia,

Humbly Sheweth,

That a new Church hath been erected in the said parish for the worship of Almighty God according to the rites and ceremonies of the United Church of England and Ireland, but that no opportunity hath yet occurred for having the said Church set apart forever from all profane uses and solemnly consecrated and dedicated to the service and worship of Almighty God.

Your petitioners therefore humbly represent that the said church is now ready for consecration and pray that your Lordship will be pleas- ed to consecrate it accordingly.

(Signed) JOHN D. HAWTHORNE
EDWARD H. LOWE Church Wardens

A portion of the reply from the Right Reverend John Inglis, Bishop of Nova Scotia, reads as follows:

“Now we by Divine Permission, Bishop of Nova Scotia and its dependencies, do, by virture of the authority to us committed, separate the said Church or Chapel from all profane and common uses and do dedicate the same to Al- mighty God and divine worship by the name of Christ at Dartmouth and consecrate it for the celebration and performance of Divine service, and do, openly and publickly, pronounce decree and declare that the same ought to remain so separated, dedicated and consecrated forever by this our definitive sentence or final decree which we read and promulge by these presents.

(Signed) JOHN NOVA SCOTIA
August 20th, 1826.

Shortly after the consecration ceremony the Rev. E. L. Benwell was appointed rector. He was an Englishman, sent out by the S. P. G.

The manner of taking up the collection in church evidently caused some concern. At first it was taken up in a box placed on the end of a long stick and carried from pew to pew. As this was not looked upon with favour, it was decided to place a plate by the door with a vestryman in attendance. This change apparently did not prove satisfactory as they soon went back to the former method. The bell was presented to the church in 1826 by the Honorable Michael Wallace, a leading parishioner, who was engaged in various business enterprises in the area as well as being active in Government circles.

Meanwhile a parsonage had been erected near First Lake for the use of the Rector (this building, thought later to be too far from the Church, was sold to Colonel Robert B. Sinclair.) About the same time the first church in Preston was torn down and rebuilt on a site about one quarter mile to the east- ward of Maroon Hill which was, at that time, much nearer to the homes of the people. A legend tells that when the monks of Winchester, England, decided to remove the body of St. Swithun from the grave under the eaves of the church where he had expressly desired to be buried, to a specially prepared tomb, within the cathedral, it rained for forty days and the attempt, for a time, had to be abandoned. This legend has a counterpart in Preston where the story is told that whenever attempts were made to remove parts of the old church, rain fell, but those concerned with the removal disregarded all protests of the elements as well as some members of the congregation and proceeded with the job.

The second church at Preston has been described as follows-
“The church was very rough and without ornament or even comfort. The narrow chancel with its plain wooden table rarely, if ever, used for Holy Communion, would have suited the most primitive conception of taste. Highly realistic in one point alone was the order of the sittings. The men sat on one side and the women on the other; precedent and good manners alike forbidding any infringement of this rule during Divine Service.”

The new church with burial ground adjoining was consecrated at the Feast of Epiphany, 1826 by Bishop of Nova Scotia on petition from the wardens and vestry of Christ Church, Dartmouth, which was considered to be the Parish Church and the church at Preston was regarded as the Chapel of St. John.

Bayer, Charles Walter, “Christ Church, Dartmouth, Nova Scotia, 1817 to 1959” [Dartmouth, N.S. : Christ Church] 1960. https://archive.org/details/christchurchdart0000baye

Railroad Veteran Dies In Dartmouth

Herbert Greenough. Railroad veteran, who had 44 years of service to his credit, who died at his home, Silver’s Road, Dartmouth. He was also well known for his writings for the press.

Halifax Mail, Wednesday, December 23, 1931. https://www.newspapers.com/image/776903662/?clipping_id=146653432&fcfToken=eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJmcmVlLXZpZXctaWQiOjc3NjkwMzY2MiwiaWF0IjoxNzE1MDk1MzU5LCJleHAiOjE3MTUxODE3NTl9.zXkhXUPvgjVZBeSsstRjuHC8GiLUWD4fW6o56sIZSh8

McAlpine’s Halifax City Directories, 1900 – 1901

Boat Builders
  • Debay, John, Dartmouth
  • Devan, James. Dartmouth
  • Mader, .Joshua, Dartmouth
  • Moseley, Eben, Dartmouth
  • Moseley, Henry, Moseley’s wharf, Dart
  • Williams, Edward, Dartmouth
Builders and Contractors
  • Webber, J A, Dartmouth
Electro Platers
  • Starr Manufacturing Co., Dartmouth
Fancy Goods
  • Stevens, W H, Dartmouth
Flour Dealers
  • Acadia Roller Mills, Dartmouth
Gents’ Furnishings
  • Sterns, L & Son, Dartmouth
Furnaces and Ranges
  • Hitchie, ,J. &, Co, 180 Portland, Dart
  • Russell, N & Son, Dartmouth
Grocers and Retailers
  • McNab, Colin, Dartmouth
  • Moseley, W. P. and Co, Dartmouth
  • Walker, E M Dartmouth
Hay and Feed Dealers
  • McNab, Colin, Dartmouth
Ice Dealers
  • Carter, Job, Dartmouth
  • Chittick, & Sons, Dartmouth
  • Hutchinson, A Dartmouth
  • Hunt, John A, Dartmouth
  • Otto, P J, Dartmouth
  • Whitely, Jas. Dartmouth
Iron Founders
  • Dartmouth Iron Foundry. Dartmouth
  • Douglas &. Co, Dartmouth
Kitchen Utensils
  • Russell, N & Co Dartmouth
Livery and Boarding and Hack Stables
  • Greene, Mrs Wm H, Dartmouth
  • Lavers, W G, 37 Ochterloney, Dart
Machinists
  • Starr, Manfg Co., Dartmouth.
Machinists Supplies
  • Starr, Manfg Co., Dartmouth.
Milkmen
  • Lydiard, Samuel. Dartmouth
Millers
  • Crawthorne’s Mill, Dartmouth
  • Matheson, R. J., Dartmouth [road].
Milliners
  • Stearns, L. and Son, Dartmouth
Mineral Waters
  • Atlantic Mineral Water Works, Dartmouth
Mining and Mill Supplies
  • Starr Mfg Co., Dartmouth.
Nail and Tack Manufacturers
  • Starr Mfg. Co. Ltd., Dartmouth.
Newspapers
  • Atlantic Weekly, Water, Dartmouth
Oils and Paints
  • Dominion Paint Co. Dartmouth
Paint & Putty Manufacturers
  • Dominion Paint Works. Dartmouth
Produce and Provision Dealers
  • Graham, .John R. Dartmouth
Railway & Engineer Supplies
  • Starr Mfg. Co. Ltd., Dartmouth.
Railway Spikes
  • Starr Mfg. Co. Ltd., Dartmouth.
Rolling Mill
  • Dartmouth Rolling Mill Co, Dartmouth
Ship Builders
  • Moseley, Henry. Dartmouth
  • Young, J & G. Dartmouth
Silver and Gold Works
  • Starr Mfg. Co. Ltd., Dartmouth.
Skate Manufacturers
  • Starr Mfg. Co. Ltd., Dartmouth.
Soda Water Manufacturers
  • Atlantic Mineral Water Works, Dartmouth
Stoves & Ranges
  • Russell, N & Son. Dartmouth
Sugar Refineries
  • Nova Scotia Sugar Refinery, Ltd., Office Hollis at Duke; refineries Halifax and Dartmouth
Tinsmiths, Plumbers and Gasfitters
  • Ritchie, J & Co, Dartmouth
  • Russell, N & Co, Dartmouth
Undertakers
  • Dartmouth Undertaking Co, Dartmouth
Variety
  • Graham, John R. Dartmouth
Wood and Coal Dealers
  • Warner, Edward. Dartmouth

Town of Dartmouth

Dartmouth Directory

McAlpine’s Halifax City Directories, 1900 – 1901. https://archives.novascotia.ca/pdf/mcalpine/1900-1901-McAlpine-Halifax.pdf

Died at Dartmouth, Nova Scotia

We clip the following obituary notice from the Dartmouth, Nova Scotia, Patriot, as it will be of interest to many Red Deer residents who were acquainted with the deceased lady.

There passed away, on the 19th inst., an old and highly esteemed resident in the person of Mrs. Gaetz, widow of the late James Gaetz. Deceased, who was a Miss Ritzey, was born in LaHave seventy-nine years ago, and her early married life was spent in Musquodobit, from where she and her husband came to Dartmouth about forty-five years ago.

By her gentle and kindly disposition she made and held many warm friends, who will learn with regret of her death. She was active up until five months ago, when failing health necessitated her closing her house on Myrtle Street and removing to the home of her daughter, Mrs. Hugh Ross. For the last five weeks she suffered intensely, yet to the end exemplified rare patience, and knew those of the family who gathered around her.

The sympathy of many friends is extended to her family of three sons and four daughters: Howard L. and Judson of Dartmouth; Freeman, messenger of the Bank of Nova Scotia, who resides in Halifax; Mrs. High Ross and Mrs. Henry Oland of this town; Mrs. George W. Brush of Halifax; and Mrs. A. E. Keast of Innisfail, Alta. Mrs. Gaetz also leaves seven grandchildren and two great-grandchildren.

The funeral took place on Tuesday the 22nd, the services being conducted by Rev. Wm. Phillips of the Methodist Church, pastor of the deceased, and Rev. F. E. Bishop, pastor of the Baptist church, in which communion with her husband had for many years been a devoted deacon.

The casket contained a large number of floral offerings. The body was laid to rest beside that of her husband who predeceased her four years and five months ago.

“To rest forever after early strife. In the calm light of everlasting life.”

Red Deer News. June 4th, 1913. “Died at Dartmouth, Nova Scotia”. Page 1, Colum 4. https://archive.org/details/RDM_1913060401

Narrative and critical history of America

“ALL through its early history Acadia, or Nova Scotia, suffered from the insecurity to life and property which arose from its repeated changes of masters. Neither France nor England cared much for a region of so little apparent value ; and both alike regarded it merely as debatable ground, or as a convenient make-weight in adjusting the balance of con quests and losses elsewhere. Nothing was done to render it a safe or attractive home for immigrants ; and at each outbreak of war in the Old World its soil became the scene of skirmishes and massacres in which Indian allies were conspicuous agents. Whatever the turn of victory here, little regard was paid to it in settling the terms of peace. There was hardly an attempt at any time to establish a permanent control over the conquered territory. In spite of the capture of Port Royal by Phips in 1690, and the annexation of Acadia to the government of Massachusetts in 1692, it was only a nominal authority which England had. In 1691, the French again took formal possession of Port Royal and the neighboring country. In the next year an ineffectual attempt was made to recover it ; and this was followed by various conflicts, of no historical importance, in different parts of this much-harassed territory. In August, 1696, the famous Indian fighter, Captain Benjamin Church, left Boston on his fourth eastern expedition. After skirting the coast of Maine, where he met with but few Indians and no enemies, he determined to proceed up the Bay of Fundy. There he captured and burned Beaubassin, or Chignecto, and then returned to St. John. Subsequently he was superseded by Colonel John Hathorne, a member of the Massachusetts council, and an attack was made on the French fort at Nachouac, or Naxoat, farther up the river ; but for some unexplained reason the attack was not pressed, and the English retreated shortly after they landed. “No notice,” says Hutchinson in his History of Massachusetts Bay, “was taken of any loss on either side, except the burning of a few of the enemy’s houses; nor is any sufficient reason given for relinquishing the design so suddenly.” By the treaty of Ryswick in the following year (1697) Acadia was surrendered to France.” The French were not long permitted to enjoy the restored territory. In May, 1704, Church was again placed in command of an expedition fitted out at Boston against the French and Indians in the eastern country. He had been expressly forbidden to attack Port Royal, and after burning the little town of Mines nothing was accomplished by him. Three years later, in May, 1707, another expedition, of one thousand men, sailed from Boston under command of Colonel March. Port Royal was regularly invested, and an attempt was made to take the place by assault ; but through the inefficiency of the commander it was a total failure. Reembarking his little army, March sailed away to Casco Bay, where he was superseded by Captain Wainwright, the second in command. The expedition then re turned to Port Royal ; but in the mean time the fortifications had been diligently strengthened, and after a brief view of them Wainwright drew off his forces. In 1710 a more successful attempt for the expulsion of the French was made. In July of that year a fleet arrived at Boston from Eng land to take part in a combined attack on Port Royal. In pursuance of orders from the home government, four regiments were raised in the New England colonies, and sailed from Boston on the 18th of September. The fleet numbered thirty-six vessels, exclusive of hospital and store ships, and on board were the four New England regiments, respectively commanded by Sir Charles Hobby, Colonel Tailer, of Massachusetts, Colonel Whiting, of Connecticut, and Colonel Walton, of New Hampshire, and a detachment of marines from England. Francis Nicholson, who had been successively governor of New York, Virginia, and Maryland, had the chief command. The fleet, with the exception of one vessel which ran ashore and was lost, arrived off Port Royal on the 24th of September. The garrison was in no condition to resist an enemy, and the forces were landed without opposition. On the 1st of October three batteries were opened within one hundred yards of the fort ; and twenty-four hours afterward the French capitulated. By the terms of the surrender the garrison was to be transported i to France, and the inhabitants living within cannon-shot of Port Royal were to be protected in person and property for two years, on taking an oath of allegiance to the queen of England, or were to be allowed to remove to Canada or Newfoundland.1 The name of Port Royal was changed to Annapolis Royal in compliment to the queen, and the fort was at once garrisoned by marines and volunteers under the command of Colonel Samuel Vetch, who had been selected as governor in case the expedition should prove successful. Its whole cost to New England was upward of twenty three thousand pounds, which sum was afterward repaid by the mother country. Acadia never again came under French control, and by the j treaty of Utrecht (1713) the province was formally ceded to Great Britain u according to its ancient limits.” As a matter of fact, those limits were never determined ; but the question ceased to have any practical importance after the conquest of Canada by the English, though it was reopened long afterward in the boundary dispute between Great Britain and the United States.

By the treaty of Utrecht, France was left in undisputed possession of Cape Breton ; and in order to establish a check on the English in Nova Scotia, the French immediately began to erect strong fortifications at Louisbourg, in Cape Breton, and invited to its protection the French inhabitants of Acadia and of Newfoundland, which latter had also been ceded to Great Britain. Placentia, the chief settlement in Newfoundland, was accordingly evacuated, and its inhabitants were transferred to Cape Breton ; but such great obstacles were thrown in the way of a voluntary removal of the Acadians that very few of them joined their fellow countrymen. They remained in their old homes, to be only a source of anxiety and danger to their English masters. At the surrender of Acadia to Great Britain, it was estimated by Colonel Vetch, in a letter to the Board of Trade, that there were about twenty-five hundred French inhabitants in the country ; and even at that early date he pointed out that their removal to Cape Breton would leave the country entirely destitute of inhabitants, and make the new French settlement a very populous colony, ” and of the greatest danger and damage to all the British colonies, as well as the universal trade of Great Britain.” l Fully persuaded of the correctness of this view, the successive British governors refused to permit the French to remove to Canada or Cape Breton, and persistently endeavored to obtain from them a full recognition of the British sovereignty. In a single instance — in 1729 — Governor Phillips secured from the French inhabitants on the Annapolis River an unconditional submission ; but with this exception the French would never take the oath of allegiance without an express exemption from all liability to bear arms. It is certain, however, that this concession was never made by any one in authority ; and in the two instances in which it was apparently granted by subordinate officers, their action was repudiated by their superiors. The designation ” Neutral French,” sometimes given to the Acadians, has no warrant in the recognized facts of history.

Meanwhile the colony remained almost stationary, and attracted very little notice from the home government. In August, 1717, General Richard Phillips was appointed governor, which office he retained until 1749, though he resided in England during the greater part of the time. During his absence the small colonial affairs were successively administered by the lieu tenant-governor of Annapolis, John Doucette, who held office from 1717 to I726, and afterward by the lieutenant-governors of the province, Lawrence Armstrong (1725-1739) and Paul Mascarene (1740-1749). Phillips was succeeded by Edward Cornwallis ; but Cornwallis held the office only about three years, when he resigned, and General Peregrine Thomas Hopson was appointed his successor. On Hopson’s retirement, within a few months, the government was administered by one of the members of the council, Charles Lawrence, who was appointed lieutenant-governor in 1754, and governor in 1756.

In 1744 war again broke out between England and France, and the next year it was signalized in America by the capture of Louisbourg. Immediately on learning that war had been declared, the French commander despatched a strong force to Canso, which captured the English garrison at that place and carried them prisoners of war to Louisbourg. A second expedition was sent to Annapolis for a similar purpose, but through the prompt action of Governor Shirley, of Massachusetts, it failed of success. Aroused, no doubt, by these occurrences, Shirley formed the plan of capturing Louisbourg ; and early in January, 1745, he communicated his de sign to the General Court of Massachusetts, and about the same time wrote to Commodore Warren, commanding the British fleet in the West Indies, for cooperation. His plans were favorably received, not only by Massachusetts, but also by the other New England colonies. Massachusetts voted to raise 3,250 men ; Connecticut 500 ; and New Hampshire and Rhode Island each 300. The chief command was given to Sir William Pepperrell, a wealthy merchant of Kittery in Maine, of unblemished reputation and great personal popularity ; and the second in command was Samuel Waldo, a native of Boston, but at that time also a resident of Maine.1 The chief of artillery was Richard Gridley, a skilful engineer, who, in June, 1775, marked out the redoubt on Bunker Hill. The under taking proved to be so popular that the full complement of men was raised within two months. The expedition consisted of thirteen armed vessels, under the command of Captain Edward Tyng, with upward of two hundred guns, and of about ninety transports. They were directed to proceed to Canso, where a block house was to be built, the stores landed, and a guard left to defend them. The Massachusetts troops sailed from Nantasket on the 24th of March, and reached Canso on the 4th of April. The New Hampshire forces had arrived four days before ; the Connecticut troops reached the same place on the 25th. Hutchinson adds, with grim humor, “Rhode Island waited until a better judgment could be made of the event, their three hundred not arriving until after the place had surrendered.”

The works at Louisbourg had been twenty-five years in construction, and though still incomplete had cost between five and six millions of dollars. They were thought to be the most formidable defences in America, and covered an area two and a half miles in circumference. A space of about two hundred yards toward the sea was left without a rampart ; but at all other accessible points the walls were from thirty to thirty-six feet in height, with a ditch eighty feet in width. Scattered along their line were six bastions and three batteries with embrasures for one hundred and forty-eight cannon, of which only sixty-five were mounted, and sixteen mortars. On an island at the entrance of the harbor was a battery mounted with thirty guns ; and directly opposite the entrance of the harbor was the grand battery, mounting twenty-eight heavy guns and two eighteen-pounders. The entrance to the town on the land-side was over a draw-bridge defended by a circular battery mounting sixteen cannon. It was these strong and well-planned works which a handful of New England farmers and fishermen undertook to capture with the assistance of a small English fleet.

Pepperrell was detained by the ice at Canso for nearly three weeks, at the end of which time he was joined by Commodore Warren with four ships, carrying one hundred and eighty guns. The combined forces reached Gabarus Bay, the place selected for a landing, on the morning of the 3Oth of April ; and it was not until that time that the French had any knowledge of the impending attack. Two days later the grand bat tery fell into Pepperrell’s hands through a fortunate panic which seized the French. Thus encouraged, the siege was pressed with vigor under very great difficulties. The first battery was erected immediately on landing, and opened fire at once ; but it required the labor of fourteen nights to draw all the cannon and other materials across the morass between the landing-place and Louisbourg, and it was not until the middle of May that the fourth battery was ready. On the iSth of May, Tyng in the ” Massachusetts ” frigate captured a French ship of sixty-four guns and five hundred men, heavily laden with military stores for Louisbourg. This success greatly raised the spirits of the besiegers, who, slowly but steadily, pushed forward to the accomplishment of their object. Warren’s fleet was reinforced by the arrival of three large ships from England and three from Newfoundland ; the land-gate was demolished ; serious breaches were made in the walls ; and by the middle of June it was determined to attempt a general assault. The French commander, Duchambon, saw that further resistance would be useless, and on the i6th he capitulated with the honors of war, and the next day Pepperrell took possession of Louisbourg.

By the capitulation six hundred and fifty veteran troops, more than thirteen hundred militia, and other persons, to the number in all of upward of four thousand, agreed not to bear arms against Great Britain during the war, and were transported to France in fourteen ships. Seventy-six cannon and mortars fell into the hands of the conquerors, with a great quantity of military stores and provisions. The number killed on the side of the French was three hundred, and on the side of the English one hundred and thirty ; but subsequently the latter suffered heavily by disease, and at one time so many as fifteen hundred were sick from exposure and bad weather. Tidings of the victory created great joy in New England, and the news was received with no small satisfaction in the mother country. Pepperrell was made a baronet, Warren an admiral, and both Shirley and Pepperrell were commissioned as colonels. Subsequently, after a delay of four years, Great Britain reimbursed the colonies for the expenses of the expedition to the amount of £200,000.

The capture of Louisbourg was by far the most important event in the history of Nova Scotia during the war, and the loss of so important a place was a keen mortification to France. As soon as news of the fall of Louisbourg reached the French government, steps were taken with a view to its recapture and to the punishment of the English colonists by destroying Boston and ravaging the New England coast. In June, 1/46, a fleet of eleven ships of the line, twenty frigates, thirty transports, and two fireships was despatched for this purpose under command of Admiral D’Anville ; but the enterprise ended in a disastrous failure. Contrary winds prevailed during the voyage, and on nearing the American coast a violent storm scattered the fleet, driving some of the ships back to France and others to the West Indies, and wrecking some on Sable Island. On the 10th of September D’Anville cast anchor with the remaining vessels -two ships and a few transports — in Chebucto ; and six days later he died, of apoplexy, it is said. At a council of war held shortly afterward it was determined to attack Annapolis, against the judgment of Vice-Admiral D’Estournelle, who had assumed the command. Exasperated, apparently, at this decision, he committed suicide in a fit of temporary insanity. This second misfortune was followed by the breaking out of the small-pox among the crews ; and finally after scuttling some of the vessels the officer next in command returned to France without striking a single blow. In the spring of the following year another expedition, of smaller size, was despatched under command of Admiral De la Jonquiere ; but the fleet was intercepted and dispersed off Cape Finisterre by the English, who captured nine ships of war and numerous other vessels.

Meanwhile, and before the capture of Louisbourg, the French had made an unsuccessful attempt on Annapolis, from which the besieging force was withdrawn to aid in the defence of Louisbourg, but they did not arrive until a month after its surrender. In the following year another army of Canadians appeared before Annapolis ; but the place seemed to be so strong and well defended that it was not thought prudent to press the attack. The French accordingly withdrew to Chignecto to await the arrival of reinforcements expected from France. While stationed there they learned that a small body of New England troops, under Colonel Noble, were quartered at Grand Pre, and measures were speedily adopted to cut them off. The attack was made under cover of a snow-storm at an early hour on the morning of the 4th of February, 1747. It was a complete surprise to the English. Noble, who was in bed at the time, was killed fighting in his shirt. A desperate conflict, however, ensued from house to house, and at ten o’clock in the forenoon the English capitulated with the honors of war.1 This terminated active hostilities in Nova Scotia, from which the French troops shortly afterward withdrew. By the dis graceful peace of Aix la Chapelle (1748) England surrendered Louisbourg and Cape Breton to the French, and all the fruits of the war in America were lost.

After the conclusion of peace it was determined by the home government to strengthen their hold on Nova Scotia, so as to render it as far as possible a bulwark to the other English colonies, instead of a source of danger to them. With this view an advertisement was inserted in the London Gazette, in March, 1749, setting forth “that proper encouragement will be given to such of the officers and private men, lately dismissed his Majesty’s land and sea service, as are willing to accept of grants of land, and to settle with or without families in Nova Scotia.” Fifty acres were to be allotted to every soldier or sailor, free from the payment of rents or taxes for the term of ten years, after which they were not to be required to pay more than one shilling per annum for every fifty acres ; and an additional grant of ten acres for each person in a family was promised. Larger grants, with similar conditions, were to be made to the officers; and still further to encourage the settlement of the province the same inducements were offered to ” carpenters, shipwrights, smiths, masons, joiners, brickmakers, bricklayers, and all other artificers necessary in building or husbandry, not being private soldiers or seamen,” and also to surgeons on producing certificates that they were properly qualified. These offers were promptly accepted by a large number of persons, but apparently by not so many as was anticipated.

In the following May Edward Cornwallis, then a member of Parliament, and uncle of the first Marquis of Cornwallis, was appointed captain-general and governor in chief, and at once embarked for Nova Scotia with the new settlers. On the 21st of June he arrived in Chebucto harbor, which all the officers agreed was the finest harbor they had ever seen ; and early in July he was joined by the transports, thirteen in number, having on board upward of twenty-five hundred immigrants. The shores of the harbor were wooded to the water’s edge, ” no clear spot to be seen or heard of.” But by the 23d of the month more than twelve acres were cleared, and preparations were made for building. A month later the plan of the town was fully laid out, and subsequently a line of palisades was erected around the town, a square fort was built on the hill, and a space thirty feet wide cleared outside of the defensive line. By the end of October three hundred houses had been completed, a second fort had been built, and an order had been sent to Boston for lamps to light the streets in the winter nights. Halifax, as the new town was called, had already begun to wear the appearance of a settled community ; and in little more than a year its first church was opened for religious services. From the first, the growth of Halifax was strong and healthy ; and it soon became a place of considerable importance. So early as 1752 the number of inhabitants amounted to more than four thousand. Stringent rules were adopted to insure public order and morality ; and very soon the governor and council proceeded to exercise legislative authority. But their right to do this was expressly denied by the law officers at home. Accordingly, in the early part of 1757 a plan was adopted for dividing the province into electoral districts, for the choice of a legislative body, and was sent to England for approval. Some exceptions, however, were taken to the plan ; and it was not until October, 1758, that the first provincial assembly met at Halifax, nineteen members being present.

In the mean time, in 1755, occurred the most memorable and tragic event in the whole history of Nova Scotia. Though England and France were nominally at peace, frequent collisions took place between their adherents in Nova Scotia and elsewhere in America. Early in 1755 it was determined to dispossess the French of the posts which they had established on the Bay of Fundy, and a force of eighteen hundred men was raised in New England, for that purpose, under Lieutenant-Colonels Scott and John Winslow. The chief command of the expedition was given to Colonel Robert Monckton, an officer in the .English army. The first and most honorable fruits of the expedition were the capture of the French forts at Beausejour and at Gaspereau, both of which surrendered in June. A few weeks later Winslow became a chief instrument in the forcible removal of the French Acadians, which has given his name an unenviable notoriety. It was a task apparently at which his whole nature relucted ; and over and over again he wrote in his letters at the time that it was the most disagreeable duty he had had to perform in his whole life. But he did not hesitate for a moment, and carried out with unfaltering energy the commands of his superior officers.

For more than a generation the French inhabitants had refused to take the oath of allegiance to the king of England, except in a qualified form. Upon their renewed refusal, in July, 1755, it was determined to take immediate steps for their removal, in accordance with a previous decision, ” to send all the French inhabitants out of the province, if they re fused to take the oath ; ” and at a meeting of the provincial council of Nova Scotia, held July 28th, ” after mature consideration, it was unanimously agreed that, to prevent as much as possible their attempting to return and molest the settlers that may be set down on their lands, it would be most proper to send them to be distributed amongst the several colonies on the continent, and that a sufficient number of vessels should be hired with all possible expedition for that purpose.” Accordingly orders were sent to Boston to charter the required number of transports ;and on the nth of August Governor Lawrence forwarded detailed instructions to Lieutenant-Colonel Winslow, commanding at Mines, and to Major John Handfield, a Nova Scotia officer, commanding at Annapolis, to ship off the French inhabitants in their respective neighborhoods. As the crops were not yet harvested, and there was delay in the arrival of the transports, the orders could not be executed until the autumn. At that time they were carried out with a sternness and a disregard of the rights of humanity for which there can be no justification or excuse. On the same day on which the instructions were issued to Winslow and Handfield, Governor Lawrence wrote a circular letter to the other English governors in America, expressing the opinion that there was not the least reason to doubt of their concurrence, and his hope that they would receive the inhabitants now sent ” and dispose of them in such manner as may best answer our design in preventing their reunion.” According to the official instructions five hundred persons were to be transported to North Carolina, one thousand to Virginia, five hundred to Maryland, three hundred to Philadelphia, two hundred to New York, three hundred to Connecticut, and two hundred to Boston.

On the 4th of September Winslow issued a citation to the inhabitants in his immediate neighborhood to appear and receive a communication from him. The next day, he recorded in his journal, ” at three in the after noon, the French inhabitants appeared, agreeably to their citation, at the church in Grand Pre, amounting to four hundred and eighteen of their best men ; upon which I ordered a table to be set in the centre of the church, and, having attended with those of my officers who were off guard, delivered them by interpreters the king’s orders.” After a brief preamble he proceeded to say, ” The part of duty I am now upon is what, though necessary, is very disagreeable to my natural make and temper, as I know it must be grievous to you who are of the same species. But it is not my business to animadvert, but to obey such orders as I receive, and therefore without hesitation shall deliver you his Majesty’s orders and instructions.” He then informed them that all their lands, cattle, and other property, except money and household goods, were forfeited to the Crown, and that all the French inhabitants were to be removed from the province. They were, however, to have liberty to carry their money and as many of their household goods as could be conveniently shipped in the vessels ; and he added, “I shall do everything in my power that all those goods be secured to you, and that you are not molested in carrying them off, and also that whole families go in the same vessel, and make this remove, which I am sensible must give you a great deal of trouble, as easy as his Majesty’s service will admit, and hope that in whatever part of the world you may fall you may be faithful subjects, a peaceable and happy people.” Mean while they were to remain under the inspection of the troops. Toward night these unhappy victims, “not having any provisions with them, and pleading hunger, begged for bread,” which was given them, and orders were then issued that for the future they must be supplied from their respective families. ” Thus ended the memorable 5th of September,” Winslow wrote in his journal, ” a day of great fatigue and trouble.”

Shortly afterward the first prisoners were embarked ; but great delay occurred in shipping them off, mainly on account of the failure of the con tractor to arrive with the provisions at the expected time, and it was not until November or December that the last were shipped. The whole number sent away at this time was about four thousand. There was also a great destruction of property ; and in the district under command of Winslow very nearly seven hundred buildings were burned. The presence of the French was nowhere welcome in the colonies to which they were sent ; and they doubtless experienced many hardships. The governors of South Carolina and Georgia gave them permission to return, much to the surprise and indignation of Governor Lawrence ; 2 and seven boats, with ninety unhappy men who had coasted along shore from one of the Southern colonies, were stopped in Massachusetts. In the summer of 1762 five transports with a further shipment of these unfortunate people were sent to Boston, but the General Court would not permit them to land, and they were ordered to return to Halifax.

The removal of the French Acadians from their homes was one of the saddest episodes in modern history, and no one now will attempt to justify it ; but it should be added that the genius of our great poet has thrown a somewhat false and distorted light over the character of the victims. They were not the peaceful and simple-hearted people they are commonly supposed to have been ; and their houses, as we learn from contemporary evidence, were by no means the picturesque, vine-clad, and strongly built cottages described by the poet. The people were notably quarrelsome among themselves, and to the last degree superstitious. They were wholly under the influence of priests appointed by the French bishops, and directly responsible to the representatives of the Roman Catholic Church at Quebec. Many of these priests were quite as much political agents as religious teachers, and some of them fell under the censure of their superiors for going too much outside of their religious functions. Even in periods when France and England were at peace, the French Acadians were, a source of perpetual danger to the English colonists. Their claim to a qualified allegiance was one which no nation then or now could sanction. But all this does not justify their expulsion in the manner in which it was executed, and it will always remain a foul blot on the history of Nova Scotia. The knowledge of these facts, however, enables us to understand better the constant feeling of insecurity under which the English settlers lived, and which finally resulted in the removal and dispersion of the French under circumstances of such heartless cruelty.

In May of the following year, war was again declared between France and England ; and two years later Louisbourg again fell into the hands of the English. In May, 1758, a powerful fleet under command of Admiral Boscawen arrived at Halifax for the purpose of recapturing a place which ought never to have been given up. The fleet consisted of twenty-three ships of the line and eighteen frigates, beside transports, and when it left Halifax it numbered one hundred and fifty-seven vessels. With it was a land force, under Jeffery Amherst, of upward of twelve thousand men. The French forces at Louisbourg were much inferior, and consisted of only eight ships of the line and three frigates, and of about four thousand soldiers. The English fleet set sail from Halifax on the 28th of May, and on the 8th of June a landing was effected in Gabarus Bay. The next day the attack began, and after a sharp conflict the French abandoned and destroyed two important batteries. The siege was then pushed by regular approaches ; but it was not until the 26th of July that the garrison capitulated. By the terms of surrender the whole garrison were to become prisoners of war and to be sent to England, and the English acquired two hundred and eighteen cannon and eighteen mortars, beside great quantities of ammunition and military stores. All the vessels of war had been captured or destroyed ; but their crews, to the number of upward of twenty-six hundred men, were included in the capitulation. Two years later, at the beginning of 1760, orders were sent from England to demolish the fortress, render the harbor impracticable, and transport the garrison and stores to Halifax. These orders were carried out so effectually that few traces of its fortifications remain, and the place is inhabited only by fishermen.

A year after the surrender of Louisbourg a fatal blow was struck at the French power in America by the capture of Quebec ; and by the peace of Paris, in February, 1763, the whole of Canada was ceded to Great Britain. The effects of this cession, in preparing the way for the independence of the principal English colonies, cannot easily be overestimated ; but to Nova Scotia it only gave immunity from the fear of French incursions, without in the slightest degree weakening the attachment of the inhabitants to England.”

Winsor, Justin. “Narrative and critical history of America”. Boston, New York : Houghton, Mifflin and Company; etc., etc. 1884. https://archive.org/details/narrcrithistory05winsrich

Documentary History of the State of Maine: Volume VII Containing The Farnham Papers 1603-1688

Extracts From The Patent Of Acadia to De Monts By Henry IV of France, November 8/18, 1603.

Henery by the grace of God Kinge of ffrance and Navarre. To our cleare and welbeloved the Lord of Monts, one of the Ordinary Gentlemen of our Chamber, greetinge. As our greatest care and labour is, and hath alwaies beene, since our cominge to this Crowne, to maintaine and conserueitin the anntient dignity, greatnes and splendour thereof, to extend and amplifie, as much as lawfully may bee done, the bounds and limitts of the same. Wee beinge of a long time informed of the situacon and condicon of the lands and territories of La Cadia, moved above all thinges with a singuler zeale, and devout and constant resolucon wch wee have taken with the helpe and assistance of God Authour Distributour and Protectour of all Kingdomes and estates to cause the people we doe inhabite the countrey, men at this piite time barbarous. Atheists without faith or religion, to be conuerted to Christianity, and to the beliefe and profession of our faith and religion, and to drawe them from the ignorance and vnbeliefe wherein they are, havinge also of a longe time knowen by the relagon of the Sea Captaines, Pylotts, Merchants and others, who of longe time have haunted, frequented, and trafficked with the people that are found in the said places, how fruitfull, commodious, and profitable may bee with vs, to our estates and subiects, the dwellinge possession and habitagon of those countries, for the great and apparant profit we may bee drawen by the greater frequenta9on and habitude wch may be had with the people that are found there, and the Trafficke and commerce wch may bee, by that means safely treated and negotiated. Wee then for these causes fully trustinge on your great wisedome, and in the knowledge and experience that you have of the qualitie, condicon and situation of the said countrie of La Cadia : for the divers and sundry navigarons, voyages, and frequentaoons that you have made into those parts and others neere and borderinge vpon it. Assuringe our selues that this our resolution and intention, beinge committed vnto you, you will attentively, diligently, and no less couragiously and valorously execute and bring to such perfeccon as wee desire : Have expressly appointed and established you, and by these presents signed with our owne hands, doe committ, ordaine, make, constitute and establish you, our Lievtenant generall, for to represent our person in the countries, territories, coasts, and confines of La Cadia. To begin from the 40 degree to the 46. And in the same distance, or part of it, as farre as may bee done, to establish, extend, and make to bee knovven our name, might and authoritie. And vnder the same to subiect, submitt and bringe to obedience all the people of the said land and the borderers thereof: And by the meanes thereof and all lawfull waies, to call, make, instruct, provoke and incite them to the knowledge of god, and to the light of the faith and Christian religion, to establish it there : And in the exercise and profession of the same, keepe and conserue the said people, and all other inhabitants in the said places, and there to commauud in peace, rest and tranquillity as well by sea, as by land: to ordaine, decide and cause to be executed all that wch you shall iudge fitt and necessary to bee done, for to maintaine, keepe and conserue the said places vnder our power & authority by the formes, waies and meanes prescribed by our lawes. And for to have there a care of the same with you to appoint, establish and constitute all Officers, as well in the atfaires of warre, as for Justice and policie, for the tirst time, and from thence forward to name and present them vnto vs, for to bee disposed by vs, and to give Ires, titles, and such provisoes, as shalbee necessarie. And accordinge to the occurrences of affaires your selfe with the aduice of wise, and capable men, to prescribe vnder our good pleasure, lawes, statutes, and ordinances conformable, asmuch as may be possible, vnto ours, specially in thinges and matters that are not provided by them. To treate and contract to the same effect, peace, alliance, and confederacy, good amity correspondency, and communicacon with the said people and their princes, or others, havinge power or commaund over them: To entertaine, keepe and carefully to obserue, the treatises, and alliances wherein you shall covenant with them; upon condicon that they themselves performe the same of their part. And for wont thereof to make open warre against them, to constraine and bring them to such reason as you shall think needful!, for the honour, obedience and service of god, and establishment, maintenance and conseruacon of our said authoritie amongst them: at least to haunt and frequent by you, and all our subiects with them, in all assurance, libertie, frequentacou, and communicacon there to negotiate and trafficke lovingly and peaceably. To give and graunt vnto them fovours, and priviledges, charges and honours, wth intire power abovesaid, we will likewise and ordaine, that you have over all our said subiects that will goe in that voyage with you and inhabite there, trafficke, negogiate and remaine in the said places, to retaine, take, leserue, and appropriate vnto you, what you will and shall see to bee most commodious for you, and proper for your charge, qualitie and vse of the said lands, to distribute such parts and porcons thereof, to give and attribute vnto them such titles, honors, rights, powers and faculties as you shall see necessary, accordinge to the qualities, condicons and meritts of the persons of the same Countric or others. Chiefly to populate, to manure, and to make the said lands to be inhabited as spedily, carefully, and skillfully, as time, places and commodities may permitt: To make thereof, or cause to be made to that end, discoverie and view alonge the maritime Coasts and other Countries of the maine land, wch you shall order and prescribe in the foresaid space of the 40 degree to the 46 degree or otherwise, asmuch and as farre as maybee alonge the said Coast, and in the firme land. To make carefully to be sovght and marked all sorts of mines of gold and siluer, copper, and other Metalls and Mineralls, to make them to be digged, drawne from the earth, purified, and refined for to bee conuerted into vse, to dispose accordinge as wee have prescribed by Edicts and orders, wch wee have made in this Realme of the profitt and benefitt of them, by you or them by whom you shall establish to that effect, reseruinge vnto vs only the tenth peny, of that wch shall issue from them of gold, silver and copper, leavingo vnto you that wch wee might take of the other said Metalls and Mineralls, for to aide and ease you in the great expenses that the foresaid charge may bringe vnto you;….

….And to the end no body may pretend cause of ignorance, of this our intention, and to busie himself in all, or in parte of the charge, dignitie, and authoritie wch wee give vnto you by these presents: We have of our certain knowledge, full power, and rogall authoritie, revoked, suppressed and declared voide, and of none ctlect hereafter and from the present and all other powers and Comissions, Itres and expedi^ons given and delivered to any person soeuer, for to discover, people and inhabite in the aforesaid extension of the said lands scituated from the said 40 degree to the 46, whatsoever they bee. And furthermore wee command and ordaine all our said officers of what qualitie and condi90u soever they bee, that after these pnts or the duplicate of them shallbee duely examined by one of our beloved and trustie Counsellors, Notaries, and Secretaries, or other Notarie Royall, they doe vpon our request, demaund, and sute, or vpon the sute of any our Atturneys, cause the same to be read, published, and recorded in the records of their iurisdic9ons, powers, and precincts, seekinge, as much as shall apperteine vnto them, to quiet and appease all troubles and hinderance wch may contradict the same. For such is our pleasure. Given at fountain-bleau the 8 day of November: in the yeare of our Lord 1603: And of our Raigne the 15. signed Henery : and vnderneath, by the Kinge, Potier ; And sealed upon single labell with yellow Avaxe.

Grant To Claude La Tour, By Sir William Alexander. April 30-May 10 1630.

In the name of God Amen know all those who these Lettrs Patients shall see or shall heare read, that vpon this present thirtie day of Aprill in the yeare of our Lord one thousand Sixe hundred and thirtie before me Josh Maynet Notary & Tabellion Royall dwelling in London Admitted and sworne by the Authoritie of or Souaihne Lord the King, & in the prince of the witnesses, herevnder named were present in pson My Lord Wm Allexauder Knight Lord of Menstrie & Cheife Secretary of State for the Kingdome of Scotland for his said Majesties ot great Bretany privy Counsellor of State, & Leiut vnto his said Majestie in New Scotland in America on the one pt who haueing by Lettrs Pattents, from his said majesties under the great scale of Scotland, the Donation of all the Said Countrey of New Scotland called by the french the Countrey of Accadye, in America, vnto him & his heyres in ffief & ppetuall inheritance, bearing date the tenth of the Moueth of September in the yeare One thousand Sixe hundred twentie & one, he hath out of the respect & amitie wch he beareth vnto St Claude de Sainct Estieune Knight Lord of La Tour & of Vuarre, & Vnto Charles de Sainct Estienne Esqr Lord of Samt Denicourt his Sonne on the other pt the Said St Claude de St Estienne being present accepting & by these presents Stipulating for his Said Sonne Charles being absent & for their heyres, & as well for the merit of their psons & for theire assistance to the better discovery of the said Countrey, & vpon other consideracons, the said Lord Allexander hath giuen & by these p^uts, franckely & freely doth giue vnto the said Knight de La Tour & vnto his said Sonne & vnto theire heyers, they seeing Cause ppetually & for euer to dispose of as of theire owne proprietie, true & Loyall acquest, & Conquest all the Country Coasts & Islands, from the Cape & River of Ingogon nere vnto the Cloven Cape in the said New Scotland

Called the Countrey & Coast of Accadye, following the Coast & Islands of the said Countrey towards the East vnto Port de La Tour formerly named L’omeroy & further beyond the said Port following along the said Coast vnto Mirliquesche nere vnto & beyond the Port & Cape of L Heue drawing forward fifteene leagues within the Said Lands towards the North, of all the wch said lands & seas the said Knight de la Tour & his sonne shall receiue all the fruicts, profits emoluments that may provene generally and whatsoeuer as of theire owne proper & loyall acquest in all right & Jurisdiccon & priviledges whatsoeur as much or more then any Marquis, Earle or Baron holds or rayseth from the Crowne of Scotland, according to the Lawes or Lettrs Pattents vnto the said Lord Allexander, & vnto them graunted by the Kings of Scotland, within the wch Countrey, Lands & seas aboue named, they may make build & erect villages, Townes, & Castles & fortresses as they shall see good, wch said Knight de La Tour, and his said Sonne shall hold & enjoye, all the said Countrey here aboue Avithin the said Limitts named from the King & the succession of the said Crowne of Scotland in tfief &, title of honnor & right of inheritance with the said Sr Wm Alexander to them by vertue of the power to him by the said Pattents giuen hath erected and entitled by two Barronnies, namely the Baronny of Sainct Estienne & the Baronny of de La Toure, wch may be Limitted & bounded equally betweene the said Knight de La Tour & his Said Sonne, if they shall see cause, vpon Condition that the said Knight de la Tour, & his said sonne, as he hath pmissed & for his Said Sonne by these profits doth gmisse to be good & faithful Vassalls of the said Sovraigne Lord the King of Scotland & theire heyres and successors, & to giue vnto him all obedjence & assistance to the reduceing of the people of the said Countrey & to entertaine good

Amitie & Correspondency with the said Lord Alexander & his heyres, and all his subjects wch there shall be planted & resident, & shall maintaine good & faithfull Societie & Vnion & the respect due vnto the said Lord Alexander as vnto the Leiut of the King, the said Lord Alexander gmissing also on his part Amitie Societie Correspondency assistance & protection from his said Majesties & from him selfe his Leiu flurthermore & over & abone the said Lord Allexander graunteth vnto the said Knight de La Tour & vnto his said Sonne & vnto theire heyres & successors & Assignes for euer the right of Admiraltie in all the extent of theire said Lands & Limitts The said Lord Allexander & Knight de La Tour to hold & fullfill the Contents of what is aboue, without euer in any sort whatsoeuer violating thereof vpon the obliging of all theire goods profit & to come &, vpon the pgenaltie of the Ordinances appointed by the Lawes Established on the one pt & the other to the violation hereof, the said Lord Allexander pmissing over & aboue to make or Cause to be made more ample Writing in good & due forme, according and Conformably vnto the said Lettrs Patients vnto him graunted by his said Majesties whereof a Coppie Collationed with the Originall shall be giuen vnto the Said Knight de La Tour & his said Sonne & the said Lord Allexander shall cause these profits to be agreed vnto, & ratifyed by his said Majesties vnder the great Seale of Scotland, it need shall require, in witnes of the truth hereof there are two writtings of the same tenor made & jndented wch each ptie hath respectiuely signed sealed & delivered, this made & passed in Martins Lane nere vnto this Cittie of London in the princee of sr Allexander Strachan Baronet of Thornton, George Angush Peter James & Kich’ Grimes witnesses herevnto Called & admitted

Signed W Alexander a litle seale

Concession of the River and Bay of St. Croix to Commander Razilly, by the Company of New France. May 14/24, 1632.

La Compagnie de la Nouvelle France : A tous ceux qui ces preseutes lettres verront ; Salut. Le desir que nous avons d’aporter toute la diligence possible a I’etablissement de la colonic de la Nouvelle France, nous faisant rechercher ceux qui ont la volonte d’y coutribuer de leur part, & I’obligation que nous avons de recompenser, par toutes voies, les travaux de ceux qui nous assistent, & d’embrasser les occasions de leur temoiguer par effets, etant bien informe des bonnes intentions que Monsieur le Commandeur de Razilly, Lieutenant general pour le Roi en la Nouvelle France, a toujours eu pour faire reussir cette enterprise, en desirant Ten reconnoitre par les gratifications a nous possibles. A ces causes avons audit sieur de Razilly donne & octroj^e, donnons & octroyons par ces presentes, I’etendiie des terres & pays qui ensuivent, a sgavoir la riviere & bale SainteCroix, isles y contenues, & terres adjacentes d’une part & d’autre en la Nouvelle France, de I’etendiie de douze lieiies de larges, a prendre le point milieu en I’isle Sainte-Croix, ou le sieur de Mons a hiverne, & vingt lieiies de profondeur depuis le port aux coquilles, qui est e I’une des isles de Ten tree de la riviere & bale Sainte-Croix, chaque lieiies de quatre mille toises de long. Pour jouir desdits lieux par ledit sieur de Razilly, ses successeurs ay ant cause, en toute

propriete justice & seigueurie a perpetuite, tout & ainsi, & a pareils droits qu’ il a plu au Roi donner le pays de la Nouvelle France a la Compaguie ; a la reserve de la foi & houimage que ledit sieur Commaiideur, ses successeurs ayans cause, seront tenus porter au fort Saint-Louis a Quebec, ou autre lieu qui sera destine par ladite Compagnie, par un seul hommage tige a chaque mutation de possesseur desdits lieux avec une maille d’or du poids d’une once, & le revenu d’une annee de ce que ledit sieur Commandeur se sera reserve, apres avoir donue a fief ou a cens & rente, tout ou partie desdits lieux ; que les appellations du juge qui sera etabli desdits lieux par ledit sieur de Razilly, resortiront nuemeut a la cour & justice souveraine qui sera etabli ci apres au fault Saint-Louis ou ailleurs ; que les hommes que ledit sieur Commandeur fera passer en la Nouvelle France tourneront a la decharge & diminution du nombre de ceux que la Compagnie doit laire passer, sans que ledit sieur Commandeur ou les siens puissent traiter des peaux & pelleteries qu’ aux conditions portes par I’edit de I’etablissement de la Compagnie de la Nouvelle France ; & en cas que ledit sieur Commandeur desire faire porter a cette etendiie de terre quelque nom & titre plus honorable, se retirera vers le Roi & Monseigneur le Cardinal de Richelieu, Grand-Maitre, Chef & Surintendant general de la navigation & commerce de France, pour lui etre pourvii conformement aux articles accordes a ladite Compagnie. En temoin de quoi nous avons signe ces presentes. A Paris, au Bureau de la Nouvelle France, le dixneuvieme mai mil six cent trente-deux. Signe Lamy avec par araphe Secretaire.

The Company of New France: To all those who will see these previous letters; Hi. The desire we have to bring all possible diligence to the establishment of the colony of New France, making us seek out those who are willing to contribute their share, and the obligation we have to reward, by all means, the work of those who assist us, & to embrace the opportunities to testify to them in effect, being well informed of the good intentions that Mr. Commander de Razilly, Lieutenant General for the King in New France, has always had to make this enterprise a success, wishing to recognize it through the gratifications available to us. For these reasons we have hereby given and granted to the said sieur de Razilly, the extent of the lands and countries which follow, namely the river and the Sainte-Croix base, the islands contained therein, and adjacent lands on the one hand & on the other in New France, from the extent of twelve leagues wide, to take the midpoint in the island of Sainte-Croix, where the Sieur de Mons wintered, and twenty leagues deep from the shell port , which is one of the Ten Tree Islands of the Sainte-Croix River and Base, each island four thousand toises long. To enjoy the said places by the said sieur de Razilly, his successors having cause, in all

property justice & serieury in perpetuity, everything & so, & with the same rights that the King was pleased to give the country of New France to the Company; with the reservation of the faith & houimage that the said sir Commander, his successors having cause, will be required to bring to Fort Saint-Louis in Quebec, or other place which will be destined by the said Company, by a single homage owed to each transfer of possessor of the said places with a link of gold weighing one ounce, & the income of one year of what the said sir Commander will have reserved for himself, after having given to fief or to cens & rent, all or part of the said places; that the appellations of the judge who will be established from the said places by the said sieur de Razilly, will fall entirely to the sovereign court and justice which will be established hereafter in Saint-Louis or elsewhere; that the men that the said Mr. Commander will send to New France will turn into landfill and a reduction in the number of those that the Company must pass through, without the said Mr. Commander or his people being able to process skins and furs except under the conditions stipulated by the edict of the establishment of the Company of New France; & in the event that the said sir Commander wishes to give this expanse of land some more honorable name & title, will retire to the King & Monseigneur the Cardinal de Richelieu, Grand Master, Chief & General Superintendent of navigation & commerce of France, to be provided to him in accordance with the articles granted to the said Company. In witness whereof we have signed these presents. In Paris, at the Bureau de la Nouvelle France, May 19, one thousand six hundred and thirty-two. Lamy sign with Secretaire initials.

Concession of Acadia to Sir Charles La Tour, By The Company of New France. January 15/25, 1635/6.

La Compagnie de la Nouvelle France: A tous ceux qui ces presentes lettres verront, Salut. Le desir que nous avons d’ accroitre la colonic de la Nouvelle France, nous faisant recevoir ceux qui nous peuvent aider en ce loiiable dessein; & voulant les inciter d’ avantage, en les gratifiant de quelques portions de terres a nous concedees par le Roi, apres avoir ete certifies des bonnes intentions de Charles de SaintEtienne sieur de la Tour, Lieutenant General pour le Roi es cotes de l’Acadie en la Nouvelle France, nomme par Monseigneur le Cardinal Due de Richelieu, Pair de France, Grand-Maitre, Chef & Surintendant general de la naviofation & commerce de ce Royaume, sur la presentation de ladite Conipagnie, & avoir leconnu Ie zele dudit sieur de la Tour a la Reliirion Catholique, Apostolique & Romaine, & au service de Sa Majestd, avons donne & octroye, donnons & octroyons par ces presentes, eu vertu du pouvoir a nous donnd par Sa Majesty, le fort & habitation de la Tour, situe en la riviere Saint-Jean en la Nouvelle France, entre les 45 & 46, degrees de latitude, ensemble des terres prochainenient adjacentes Ti icelui dans I’dtcndiie de cinq lieiies au dessous le long dc ladite riviere, sur dix lieiies de profondeur dans les terres : le tout selon les bornes qui en seront assignees, pour en jouir par ledit sieur de la Tour, ses successeurs ou ayans cause, en toute propriete, justice & seigneurie, & tout ainsi qu’ il a pIu au Roi donner & conceder ledit pays de la Nouvelle France en notredite Compagnie; tenir le tout en fief mouvant & relevant de Quebec, ou autre lieu qui sera ci-apres designd par ladite Compagnie, a la charge de la foi & homniage que ledit sieur de la Tour, ses successeurs ou ayans cause seront tenus de porter audit fort de Quebec ou ailleurs, & de payer les droits & profits de fiefs, ainsi qu’il se pratique aux mutations de personnes ; & que ledit sieur de la Tour, ses successeurs ou ayans cause ne pourront faire cession ou transport de tout ou de partie des choses ci-dessus a lui concedees pendant dix ans, a compter du jour & date des presentes, sans le gre & le consentement de ladite Compagnie ; & apres dix ans il lui sera loisible, a ses successeurs ou ayans cause, d’en disposer avee les niemes charges ci-dessus, au profit des personnes capable, & faisant profession de la Religion Catholique. Apostolique & Romaine. Fait & aecorde le quinziemme Janvier mil six cent trente-cinq.

Extrait des deliberations de la Compagnie de la Nouvelle France. Si’jue A. Cheffault avee paraphe.

The Company of New France: To all those who see these present letters, Hello. The desire we have to increase the colony of New France, allowing us to receive those who can help us in this lawful purpose; & wanting to encourage them further, by rewarding them with some portions of land granted to us by the King, after having been certified of the good intentions of Charles de Saint-Etienne sieur de la Tour, Lieutenant General for the King on the coast of Acadia in New France, appointed by Monsignor Cardinal Due de Richelieu, Peer of France, Grand Master, Chief & General Superintendent of shipping & commerce of this Kingdom, on the presentation of the said Conipagnie, & having recognized the zeal of the said sir of the Tower to the Catholic, Apostolic & Roman Reliirion, & in the service of His Majesty, we have given & granted, let us give & grant by these presents, by virtue of the power given to us by His Majesty, the fort & habitation of the Tower, located in the Saint-Jean River in New France, between 45 and 46 degrees of latitude, all the lands next adjacent to it in the distance of five leagues below along the said river, on ten leagues of depth in the lands: all according to the limits which will be assigned, to be enjoyed by the said sieur de la Tour, his successors or those having cause, in complete ownership, justice & lordship, & all as the King was able to give & concede the said country of New France in our said Company; hold the whole in moving fief and depending on Quebec, or other place which will hereinafter be designated by the said Company, in charge of the faith and homage which the said sieur de la Tour, his successors or successors in cause will be required to bear to said fort from Quebec or elsewhere, & to pay the rights & profits of fiefs, as is done for transfers of people; & that the said sieur de la Tour, his successors or assigns may not transfer or transfer all or part of the above things granted to him for ten years, from the day and date hereof, without the will and the consent consent of the said Company; & after ten years it will be open to him, to his successors or those having cause, to dispose of it with the same charges above, for the benefit of capable people, & professing the Catholic Religion. Apostolic & Roman. Done and agreed on the fifteenth day of January one thousand six hundred and thirty-five.

Extract from the deliberations of the Compagnie de la Nouvelle France. Si’jue A. Cheffault with initials.

Commission To Lord D’Aulney Charnizay, By Louis XIV of France. February, 1647/8.

Lewis by the Grace or God King of France & Navarr to all People present and to com greeting. Being well informed & assured of the laudable & commendable aflection, trouble & diligence that our dear and well beloved Charles de Menou Knight Lord d’Aunay Charnisay apointed by the late King of blessed memory our most honoured Lord & Father (whom God absolve) Gouvernor and our Lieutenant General in the Country & Caost of La Cadie in New France hath used both to the conversion of the Savages in the said Country to the Christian Religion and Faith, and the establishing of our authority in all the extent of the said Country, having built a Seminary under the direction of a good number of Capucine Friars for the instruction of the Said Savages’s Children, and by his care and courage driven the Forein Protestants out of the Pentegoet Fort which They had seized to the preiudice of the rights and authority of our Crown, & hy our oxpres commandment taken again by force of arms, and put again under our power the Fort of the River Saint John which Charles of Saint Etienne Lord de la Tour was possessed of, and by open rebellion endeavoured to keep against our will and to the great contempt of the declarations of our Council by the help and countenance of Forein Protestants with whom he had made a confederacy for that purpose, and that moreover the said Lord d’Aunay Charnizay hath happily began to form and settle a French Colony in the said Country, cleared and improuved great parcels of lands, and for the defence and conservation of the said Country, under our authority and power built and strenuously Kept against the endeavours and assaults of the said Forein Protestants four Forts in the most necessary places, and them furnished with a sufficient number of Soldiers, sixty great guns & other things requisit to that, all with great & immense charges, the which to bear he hath been forced to borrow of severall persons great sums of money, we not having been able to give him all the assistance in that occasion that we had given, if the necessity of our affairs had permitted Us. Make Known that we desire with all our heart for the glory of God the encreasing of the Christian Faith and Relligion the Salvation of those poor Savages’s Souls, who live in ignorance without any Religion & knowledge of our Maker, as also for the honour and greatness of our Crown that so pious and honorable a work be carried on and finished as perfectly as possible, fully trusting in and assured of the zeal care industry courage good & wise behaviour of the said d’Aunay Charnizay, & being willing, as it is but reasonnable to reward his good and faithfull services, have by the advice of the Quen Regent our most honoured Lady and Mother, and with certain knowledge full power and Royall Authority the said Lord d’Aunay Chavnizay confirmed, and do confirm a new as much as need is or might be, and have apointed and do apoint by these presents signed by our own hand Gouvernor and our Lieutenant General representing our Person in all the above said Countrys Territorys Caosts and bounds of i’Acadie, beginning from the brink of the great River Saint Laurens, both along the Sea-caost and adiacent jslands, and innerpart of the main Land, and in that extent as much and as far as can be as far as the Virginias,1 to settle and make known our name, power and Authority and submitt to it the People that dwell there, to bring them and cause Them to be instructed in the knowledge of the true God and light of the Christian Relligion and Faith, and command there upon the sea as well as upon the Land, to order and put in execution all that he knoweth that can and ought to be done for the maintaining and keeping the said places under our Authority and Power, with power to appoint and settle all Officers both Civil & Military for the first time, and afterwards name Them to us and present Them for our confirmation and to give Them our Letters to that necessary : and according to the occurrences of aflairs with the advice & concill of the wisest and ablest persons make laws statutes and ordinances conform to ours as much as it is possible, make peace, alliance & confederacy with the said People Their Princes & others having power & commandment over Them, to make open war against Them, to establish and maintain our Authority and the freedom of trade and conunerce between our Sublets and Them and in other cases as he will think fit, to grant our said Subiects who may live and trade in the said Country et to the Natives thereof privileges places & dignitys according [to] the qualitys & merits of Persons, all under our good pleasure. We do will that the said d’Aunay Charnizay may and We (x’wc him power to keep and appropriate to himself what he will think most convenient & proper to his Settlement and use of the said Countrys and places, and to distribute such parts thereof as he pleaseth both to our said Sublets that will settle there, and to the Natives, and to grant them such titles, honours, rights powers & facultys as he will think fit, according [to] the qualitys, merits & services of Persons ; to cause the mines of gold silver, copper & other metals and minerals to be carefully Sought after and to put them in use as it is prescribed by our declarations. We reserve only the tenth part to our selves of the protit arising of the gold silver & copper ories and leave to him what might belong to us as to the other metals & minerals to help him to bear the other expences of his Gouvernement. We do grant to the said Lord d’Aunay Charnizay leave to build Towns, Forts harbours & other places that he thinketh to be usefuU for ye above mentioned purposes, and there to Set such Officers & garrisons as need shall be, and generaly to do for the settlement habitation & conservation ot the said Countrys, Lands & Coasts of I’Acadie from the said River S. Lawrens as far as the Virgines, their appartenances & dependences under our name & authority all that we could do our selves if we were there in person, giving him to that end all power & authority & special commission by these presents. Et for as much that the only way that he hath hitherto had & hath now and may have for the time to come, to bear part of the great charges that he hath been and is still at the said Lord d’Aunay Charnizay, for the keeping both of the said four Forts and garrisons there, and the Colony that is forming there and the Friars and Seminary abovesaid, all which things are maintained and do subsist at his own charge & cost, no body else having contributed to it any thing, is the trade and trafSck of furs with the said Savages, without which he could not maintain himself and would be fain’ to leave and abandon all to the preiudice of God’s honor and our Crown’s and the Savages’s souls who have already embraced Christianity, We have graciously given and granted to the said Lord d’Aunay Charnizay exclusively of all Others and by these presents do give and grant in confii’ming his actual possession of the same the privilege power & faculty to trafick & trade in furs with the said Savages throughout the said Country of main Land and caost of I’Acadie from the River Saint Lawrens to the Sea, and as far as the said Countris & Caost may be extended to the Virginias, to possess it as well as the lands, gold silver & copper mines and other metals & minerals, and all other things above mentioned himself, his heirs & assigns and make homage of them to us either in person or by an Atorney considering the distance of the places and the danger by reason of his absence ; to cause the said trade of furs to be menaged by Those he will appoint, and give power to do it. We do expresly forbid all merchants masters & Captains of ships and others our Sublets and the Natives of the said Country of whatsoever condition & quality They be to trade in the said furrs with the said jndians without his special leave and permission on pain of disobedience and entire confiscation of Their vessels, victuals arms, munitions and goods for the said Lord d’Aunay Charnizay and thirty thousand livers [livres] of fine. We do permit the Lord d’Aunay Charnizay to hinder Them by all means, to stop the Offenders, Their Vessels arms and victuals, in order to deliver them into the hand of justice, to be proceeded against the persons and goods of the said Offenders And in order that our intention and will be known and no body may plead ignorance, we command all our justices and officers every one in his place that at the request of the said Lord d’Aunay Charnizay They shall cause these presents to

be read published et registered, and what is contained in them to be kept and observed pounctually, causing to be posted up the contents Thereof in the seaports havens and other places of our Kingdom Lands & Countrys of our Dominions where need shall be, willing that credit be given to the coppys well collated by one of our beloved & faithfull Councellors & Secretarys or Notary Royall required to do it as to the present original. For such is our pleasure, jn witness whereof we have caused our seal to be set to these presents. Given at Paris in the month of February in the year of grace thousand six hundred forty seven, and the fourth of our reign

Signed

Lewis & lower By the King the Queen Regent his Mother being present De Lomenie.

1 A word formerly used to denote New England as well as more southern colonies.

Letters Patent Confirming Sir Charles La Tour In Acadia, By Louis XIV. Of France. February 25th, March 7th 1651/2

LOUIS, par la grace de Dieu, Roi de France & de Navarre ; a tous presens & a venir, Salut. Etant bien informes & assures de la louable & recommendable atlection, peine & diligence que notre cher & bien ame Charles de Saint-Etienne, Chevalier, Sieur de la Tour, qui etoit cidevant institud & etabli par le feu Roi de tres-heureuse memoire, notre tres-honore Seigneur & pere (que Dieu absolve), Gouverneur & notre Lieutenant general au pays & cote de I’Acadie en la Nouvelle France, & lequel, depuis

quarante-deux ans en ca a apporte & utilement employe tous ses soins, tant a la conversion des Sauvages dudit pays a la foi & religion chretienne, qu’a Tetablissement de notre autorite en toute I’etendue dudit pays ; ayant construit deux forts, & contribue de son possible pour I’instruction des enfans desdits Sauvages, &, par son courage & valeur, chasse les etrangers religionnaires desdits forts, desquels ils s’ etoient empares au prejudice des droits & autorites de notre Couronne ; ce qu’ il auroit continue de faire, s’ il n’ en eut etc empeche par Charles de Menou, Sieur d’Aulnay Charnisay, lequel auroit tavorise ses ennemis en des accusations & suppositions qu’ ils n’ ont pu verifier, & desquelles ledit de Saint-Etienne a ete absous le seizieme fevrier dernier: Et que davantage, il est besoin d’ etablir audit pays des colonies Francoises, pour defricher & cultiver les terres, & pour la defense & conservation dudit pays, munir & garnir les forts de nonibre suffisant de gens de guerre, & autres chores a ce requieses & necessaires, oii il convient faire de grandes depenses ; savoir faisons que Nous, en pleine confiance du zele, soin, Industrie, courage, valeur, bonne & sage conduite dudit de Saint-Etienne, & voulant, comme il est bien raisonnable, reconnoitre ses bons & fideles services, avons, par I’ avis de la Reine Regente, notre treshonoree Dame & mere, & de nos certaine science, pleine puissance & autorite royale, icelui Sieur de Saint-Etienne confirrae & confirmons de nouveau, en tant que besoin est ou seroit, ordonne, & etabli, ordonuons & etablissons par cespresentes, signees de notre main, Gouverneur & Lieutenant general, representant notre personne en tous les pays, territoires, cotes & confins de I’Acadie, suivant & conforniement aux patentes qui, si durement lui en ont ete expediees, pour y etablir & faire reconnoitre, notre nom, puissance & autorite, y assujetir, soumettre & faire obeir les peuples qui y habitent, & les faire instruire en la connoissance du vrai

Dieu & a la lumiere de la foi & religion chretienne, & y coinniander, tant par iiier que par terre, ordonner & faire executer tout ce qu’ il connoitre se devoir & pouvoir faire, pour maintenir & conserver Iesdits lieux sous notre autorite & puissance, avec pouvoir de commettre & etablir, & instituer tous offieers, tant de guerre que de justice, pour la premiere fois, &, dela en avant nous les nommer & presenter pour les pouivoir & leur donner nos lettres a ce necessaires ; & selon les occurences des affaires, avec I’avis & conseil des plus prudens & capables, faire & etablier loix, statuts & ordonnances, le plus qu’ il se pourra, conformes aux notres ; traiter & contracter paix, alliance & confederation avec lesdits peuples, ou autres ay.-mt pouvoir ou conimandenient sur eux ; leur faire guerre ouverte, pour etablir & conserver notre autorite, & la liberty du trafic & negoce entre nos sujets & eux, & autre cas qu’ il jugera a propos ; jouir & octroyer a nos sujets qui hahiteront ou negocieront auxdits pays & aux originaires d’ icelui, graces & privileges, et honneurs, selon les qualites et nierite des personnes : le tout sous notre bon plaisir, Voulons et entendons que ledit Sieur de 8aint-Etienne se reserve et approprie, & jouisse pleinenient & paisiblement de toutes les terres si lui ci-devant concedees, & d’ icelles en donner & departir telle part cju’ il avisera, tant a nosdits sujets qui s’y habitueront, qu’ auxdits originaires, aiusi qu’ il jugera bon etre, selon les qualites, nierite & services des personnes ; de faire soigneusement rechercher les mines d’or, argent, cuivre, & autres nietaux & mineraux, & de les faircs niettre & convertir en usage, coinine il est prescrit par nos ordonnances ; nous reservant du profit (jui proviendra de celles d’or, argent ift; cuivre seulement, le dixieme dernier : & lui deiaissons & affectons ce qui nous pourroit appartenir dos autres nietaux & mineraux, pour lui aider a supporter les autres depenses que sadite charge lui apporte. Voulons que ledit Sieur de Saint-Etienne, privativement a

tous autres, jouisse du privilege, pouvoir & faculty de trafiquer & fuire la traits de pelleteries avec lesdits Sauvages, dans toute l’etendue dudit pays de terre ferrae & cote de I’Acadie, pour en jouir & de toutes les choses ci-dessus declarees, & par ceux qu’il commettra & a qui il en voudra donner la charge : faisant tres-expresses inhibitions & defenses a tous marchands, maitres & capitaines de navires et autres nos sujets originaires dudit pays, de quelque etat, quality & condition qu’ ils soient, de faire trafic et la traite desdites pelleteries avec lesdits Sauvages, audit pays & cote de I’Acadie, sans son expres conge & permission, a peine de desobeissance & confiscation de leurs vaisseaux, vivres, armes, munitions & marchandises, au profit dudit Sieur Saint-Etienne, & de dix mille livres d’ amende : permettons a icelui Sieur de Saint-Etienne de les empecher par toutes voies, & d’ arreter les contrevenans a nosdites defenses, leurs navires, armes & victuailles, pour les remettre es mains de la justice, & etre procede contre les personnes & biens desdits desobeissans, ainsi qu’ il appartiendra. Et a ce que cette notre intention & volonte soit notoire, & qu’ aucuns n’en pretendent cause d’ ignorance, mandons & ordonnons a tous nos officiers & justiciers qu’ il appartiendra, qu’a la requete dudit de Saint-Etienne ils ayent a faire lire, publier, registrer ces presentes, & le contenu en icelles faire garder & observer ponctuellement, faisant mettre & aflScher es ports, havres & autres lieux de notre royaume, pays & terres de notre ob^issance que besoin sera, un extrait sommaire du contenu en icelles : Voulant qu’aux copies, qui en seront duement coUationnees par l’un de nos ames & feaux Conseillers & Secretaires ou Notaire royal sur ce requis, foi soit ajoutee comme au present original : Car tel est notre plaisir ; en temoin de quoi nous avons fait mettre notre seel a ces presentes. Donne a Paris, le vingt-cinquieme jour de fevrier I’an de grace mil six cens cinquante-un,

& de notre regne le huitieme. Signe Louis ; & sur le repli est ecrit, Par le Roi & la Keine Regente sa More presente, le Tellier, avec visa, & scelle de ciie verte en lacs de sole.

LOUIS, by the grace of God, King of France & Navarre; to all present & future, Hello. Being well informed & assured of the laudable & recommendable attention, effort & diligence that our dear & good soul Charles de Saint-Etienne, Chevalier, Sieur de la Tour, who was hereafter instituted & established by the late King of most happy memory, our most honorable Lord & father (may God absolve), Governor & our Lieutenant general in the country & coast of Acadia in New France, and who, since

forty-two years in ca has brought and usefully employed all his care, both to the conversion of the Savages of the said country to the Christian faith and religion, and to the establishment of our authority throughout the entire extent of the said country; having built two forts, & contributed as much as possible to the education of the children of the said Savages, &, through his courage & valor, drove out the religious foreigners from the said forts, which they had seized to the detriment of the rights & authorities of our Crown; which he would have continued to do, if he had not been prevented by Charles de Menou, Sieur d’Aulnay Charnisay, who would have taunted his enemies with accusations and suppositions which they were unable to verify, and which the said of Saint-Etienne was absolved on the sixteenth of February last: And that furthermore, it is necessary to establish French colonies in the said country, to clear & cultivate the lands, & for the defense & conservation of the said country, to equip & garrison the forts a sufficient number of men of war, and other tasks required and necessary, where it is necessary to make large expenses; know that We, in full confidence of the zeal, care, industry, courage, valor, good & wise conduct of the said Saint-Etienne, & wanting, as is very reasonable, to recognize his good & faithful services, have, by advice of the Queen Regente, our most honored Lady & mother, & of our certain knowledge, full power & royal authority, this one Sieur de Saint-Etienne confirms & confirms again, as far as need is or would be, order, & established, let us order & we hereby establish, signed by our hand, Governor & Lieutenant General, representing our person in all the countries, territories, coasts & confines of Acadia, following & in accordance with the patents which, so harshly were sent to him, for establish & make recognized our name, power & authority, subject to it, submit & make obey the people who live there, & instruct them in the knowledge of the truth

God & in the light of the Christian faith & religion, & will cooperate, both by land and by land, order & execute everything he knows he must & can do, to maintain & preserve the said places under our authority & power , with power to commission & establish, & institute all officers, both of war and of justice, for the first time, &, from then on, we name & present them to be able to give them our letters to this necessary; & according to the occurrences of business, with the opinion & advice of the most prudent & capable, make & establish laws, statutes & ordinances, as much as possible, in conformity with ours; treat & contract peace, alliance & confederation with the said peoples, or others having power or control over them; make open war against them, to establish and preserve our authority, and the freedom of traffic and commerce between our subjects and them, and other cases that he deems appropriate; enjoy & grant to our subjects who will settle or negotiate in the said countries and to the natives of it, graces & privileges, and honors, according to the qualities and merits of the people: all under our good pleasure, We want and understand that the said Lord of 8aint- Etienne reserves and appropriates, and enjoys fully and peacefully, all the lands previously granted to him, and to give them to such part as he sees fit, both to our said subjects who will get used to it, and to the said originating, as he deems fit to be, according to the qualities, merits and services of the people; to carefully search for mines of gold, silver, copper, and other metals and minerals, and to have them cleared and converted into use, as it is prescribed by our ordinances; reserving the profit (it will come from those of gold, silver and copper only, the last tenth: and we release to him and allocate what could belong to us from other metals and minerals, to help him to bear the other expenses which his said responsibility We want the said Lord of Saint-Etienne to bring it to him privately.

all others, enjoys the privilege, power & faculty of trading & fleeing the fur trade with the said Savages, throughout the entire extent of the said country of iron land & coast of Acadia, to enjoy it & all the things above declared, & by those he commits & to whom he wishes to give charge: making very express inhibitions & prohibitions to all merchants, masters & captains of ships and other our subjects originating from the said country, of whatever state, quality & condition that they may be, to traffic and trade in the said furs with the said Savages, in the said country and on the coast of Acadia, without their express leave and permission, on pain of disobedience and confiscation of their vessels, provisions, weapons, munitions and merchandise , for the benefit of the said Sieur Saint-Etienne, & ten thousand pounds fine: let us allow this Sieur de Saint-Etienne to prevent them by all means, & to arrest the violators of our said defenses, their ships, weapons & victuals, to place them in the hands of justice, and to be proceeded against the persons and property of the said disobedients, as may be appropriate. And so that this our intention and will is known, and that no one claims it because of ignorance, let us inform and order to all our officers and justices that it will be up to the request of the said of Saint-Etienne they have to have these presents read, published, registered, and the content in them kept and observed punctually, putting up and displaying in ports, harbors and other places of our kingdom, countries and lands of our obedience as necessary, a summary extract of the contents in these: Wanting that to the copies, which will be duly paid by one of our souls and former Councilors & Secretaries or Royal Notary on this required, faith be added as to the original present: For such is our pleasure ; in witness of which we have had our seal placed on these presents. Given in Paris, on the twenty-fifth day of February in the year of Grace one thousand six hundred and fifty-one,

& of our reign the eighth. Sign Louis; & on the fold is written, By the King & the Keine Regente his More presents, the Tellier, with visa, & sealed from green sky to lakes of sole.

Extract From The Grant of Acadia, By Oliver Cromwell, August 9/19, 1656.

The country and territory called Acadia and part of Nova Scotia, from Melliguesche, (now Lunenburg) on the coast to Port and Cape La Heve, following the shores of the sea to Cape Sable, and from there to a certain Port called La Tour, and at present called Port L’Esmeron, and from there following the shores and islands to Cape Fourchere, and from thence to Cape and river Saint Mary, following the shores of the sea to Port Royal; (now Annapolis,) and from thence following the shores to the innermost point of the Bay, (now Bay of Fundy) and from thence following the said Bay to Fort Saint John, and from thence following all the shore to Pentagoet and river Saint George in Mescorus (Muscongus,) situated on the confines of New England on the west and inland all along, the said shores one hundred leagues in depth, and farther to the first habitation made by the Flemings or French, or by the English of New England ; and the space of thirteen leagues into the sea, the length of the said shores aforesaid, etc.

At Westminister, Aug. 9, 1656.

Commission to Colonel Temple, By Oliver Cromwell. September 17/27, 1656.

Oliuer P.

Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging To all to whom these, pesents shall Come. Greeting Know, yee. that wee reposing especiall. trust and. Confidence in the wisedome prudence loyalty and abillity of our trusty and welheloued Coloncll Thomas Temple, of our especiall Grace certaine knowledge and meere. mocon. Have by and wth the Advice and Consent of our Councell Graunted and Comitted And by these presents. Doe for vs. and our successors Graunt and Comitt vnto him the said Thomas Temple the Care charge Custody and Gouernment of all and singular the Countrjes Lands Islands Forts. and territoryes in America, heerin after menconed bounded and Lymitted that is to say the Countries and territories called Lacadye otherwise Accadia and part of the Countrey called Nova Scotia from Mereliquish on the East to the Port, and Cape of La Stere leading along the Coast to Cape Sable from thence to a Port now Called La Tour heretofore Le meray & from thence following the Coast and Island to the Cloven Cape and thence to the Cape and River of Ingogen following the Coast to Port Royall and thence following the Coast to the bottome of the bay. and thence along the baye to St Johns forts and thence all along the Coast, to Pontacost and the Riuer of St George to Muscontus. Scittuate vpon the Confines of New England on the west and extending from the Sea Coast vp in the land all along in the ly mitts and bounds aforesajd one hundred leagues and thirty leagues into the Sea all along the Coasts, aforest And of all and singular the Territoryes. Lands. Islands. Seas Rivors. Lakes forts and fortresses. whatsoeuer. within the Boundaryes and Lymitts Aforesaid And the Jurisdiccon of our Admiralltie and all other Jurisdiccons Rights, franchises, and libertjes whatsoeuer within the bounds, and Iimitts afforesaid And to the end he the said Thomas Temple may be the better Incouraged Awthorized and enabled to vndertake and mannage the Trust heere by in him reposed in

such manner that the Gospell and true Religion of christ maybe propagated amongt the heathen and Savage people there, the honor of vs and good of this Comonwealth Advanced, Trade promoted, and the natives. and Inhabitants in those parts reduced and brought vnder our Gouerment and protection and kept, in theire due obedjence to vs and this Comon wealth Wee haue made ordajned constituted Assigned and Appointed And by theise presents Do make Ordeyne Constitute Assigne and Appoint him the sajd Thomas Temple to be our Leiftennant of and in the Aforesajd Countrjes Lands Islands fforts Territojes and limitts aforesajd, And Doe Give and Graunt vnto him full, power and Authoritje in our name and as our Leftennan to Rule Gouerne and order all and singular the Inhabitant there as well the naturall borne people of this Comon Wealth as the natives and Savages and all other that shall happen to be or abide there according to the lawes of England, and such other good wholesome and Reasonable orders Articles and Ordinances as shall be most requisite and needefull : And all such as shall be found Disobedient in the promisses. to chastise correct and punish according to theire faults and demeritts and the lawes. Orders Articles, and ordinances aforeesajd And also wth force and strong hand to fight with kill, slay, suppresse. Subdue, and Annoy all such as in hostile manner shall Attempt or goe about to encounter the sajd Thomas Temple ; or his Company or our forces there, or to possesse and Invade the Countrje forts Territoryes and Seas Aforesajd or any of them, or in any wise to Impeach ou” possession thereof; or our Right and Title thereto, or to hurt or Annoy, him the sajd Thomas Temple or his Company ; or any the people there, being ; or that heere after shall be setled or placed in the sajd forts Country’ and Territorys or any others that shall Goe or transport themselves thither or, any part thereof vuder our protection ; streightly charging and Commanding all manner

of persons, wth now are ; or heereafter shall be Abiding in the sajd Countrjes Islands or Territorjes, or any of them ; that they be obedient Ayding and Asisting, to the sajd Thomas Temple in all things as to our Leittennanr And further Wee Doe by these prsents Give and Graunt vnto him the sajd Thomas Temple full power and Authoritje all persons as Doe or shall Inhabit there, or shall be Implojed ynder him to trayne trade and exercise in Armes according to the discipljne of warre from time [to ?] tjme and at all tjmes when and as often as neede shall requjre or by him shall be thought ffitt. for the preservacon of the publicque peace there and Safeguard ot the Countrjes forts Territoryes and Seas aforesajd And also to make constitute and Appointe vnder him fitt and Conveniant officers and ministers of Justice as well millitary as Civill ; for the peace Safety and Good Government of our sajd Countrjes Territorjes and people there And for the better execution, of our Service, and Comand in the premisses ; and securing our Interest in the sajd Countrjes Islands fforts Seas and Territorjes Wee doe by theise presents Give and Graunt. further Powere and Authoritje vnto him the sajd Thomas Temple to Errect build rajse and make such Cittyes. Townes Villages Castles Citadells. forts and fortiffications there as he shall Judge necessary and Convenient. And from tjme to tjme. in case of eminent dainger hapening or that any person, or persons shall be found mutinous or Incorrigible or notorious Disturbers of the publicque peace to cawse them to be proceeded against and chastized and punished for theire seuerall offences being Souldjers and vuder millitary discipline : according to the law martiall and not being Souldjers nor vnder millitary discipline according to the lawes of this Comon wealth And moreouer Wee doe by theise presents streightly forbid all and euery person, and persons of what degree, estate or quallitje Soeuer That they nor any of them Doe in any wise presume to trade or Intermedle with ye natives or Savages

wthin the Countrjes hinds Ishinds. Territorys seas, and precincts aforesajd by way of trade or Comerce in merchandize or otherwise wthout the speciall license and Consent of the sajd Thomas Temple first had and obteined ; And wee further wnll and Doe by theise prsents expresly forbid the sajd Thomas Temple that he Doe not in any wise give license to any Person or Persons so to trade as aforesajd who are not or shall not be in Amity wth vs and this Comon Wealth And moreouer If any person or persons, shall trade or goe about to trade wthin any the bayes Riuers Lakes Seas or Coasts of the sajd Countrjes or Territorjes wthout the Ijcense and Consent of the sajd Thomas Temple as aforesajd Then wee doe heereby. Give full powers and Authoritje vnto him the sajd Thomas Temple, and any the officers and Souldjers as he shall Imploy vnder him the Shipps Barcques. boates and other Vessells goods and merchandizes of any person or persons, there being and so trading or going about to trade wth the Natives and Savages, aforesajd or any of them contrary to this our command the sajd persons having first Due notice of the same our Comand to seize and take as forfeite and Confiscate and the same to deteyne and keepe and Convert to the bennefitt of the forts fortifficacons souldiery and other publicque vses there wthout any Accompt to be Rendered to vs. or our Successors and wthout any trouble or question for the same by way of Accon or otherwise in New England or elswhere And further wee will and by theise prsents Graunt for vs and our successors that in case of any opposicon or Resistance in the premisses by any person or persons in hostile or other manner then and so often as It shall so happen It shall and may be lawfull to and for the sajd Thomas Temple and the officers and Souldjers marriners and seamen as shall be Imployed. vnder him to fight wth kill and slay, the persons so opposing or resisting and to seize, take sincke or burne theire shipps. Barcqes boates or Vessells so tradeing or Going about to Trade wth

the natives and Savages aforesajd wthin the Countrjes Seas and Tenitorjes atoresajd or any of them wthout such licence and Consent as aforesajd And wee doe by theise presents for vs and our Successors give and Graunt vnto the sajd Thomas Temple ffull powers and Authoritje in Case of sicknes. absence or other emergent cause from time to time to make and Ordeyue by writting Vnder his hand and scale any titt and discreete person his Deputy Leftennant or Gouernor vnder him And wee heereby also Authorize and Impower the sajd Thomas Temple to doe and execute all and euery such further Lawfull Act and Acts thing and things as shall or may tend or conduce to the setling and establishing of our Gouernment in those parts and the Inhabitants and people thereof in peace and quietnes, and for Advancing of trade and Comerce there & as shall be found most fitt and necessary and beneficiall for the Honor of vs. and theise nations, and the Good and welfare of our people Given vnder our Signett at our Palace of Westminster the seventeenth day of September In the yeare of our Lord one thousand Sixe hundred fifty Sixe And Sealed wth His Highness Signett.

Was Endorsed This Copie Conteyning one hundred twenty and one lynes. written on three sheetes of paper each, sheete being written but on one side and Anexed together at the Top wth’ a scale Doth Verbatim Agree wth ye originall Comission wch I Doe testify

Johannes Emans Not Pubcus 1657 6 July 1657.

Entred & Recorded in the book of Records for ye County of Suffolke in New England at the request of Capt Thomas Breedon & Agreeth Verbatim wch the originall Copie aboue Attested as Attests

Edward Rawson Recorder

Farnham, Miss Mary Frances. “Documentary History of the State of Maine: Volume VII Containing The Farnham Papers 1603-1688”. Maine Historical Society. Portland. 1901. https://archive.org/details/documentaryhisto07main, https://tile.loc.gov/storage-services/public/gdcmassbookdig/farnhampapers01farn/farnhampapers01farn.pdf

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