America and West Indies Colonial Papers: October 1733, 16-31

The document is a summary of discussions and recommendations regarding the land rights and defense considerations in Nova Scotia and other British colonies in America. It begins with a representation on Mrs. Campbell’s petition regarding land rights in Nova Scotia, tracing back to the original grants by French kings and subsequent confirmations. Despite missing documents, evidence suggests Mrs. Campbell’s rightful claim to lands and quit rents. It proposes compensating her for quit rents and reinstating her possession.

Moving on, it addresses security concerns in British colonies, particularly vulnerability to French attacks. It discusses potential threats to various islands, including the Leeward Islands, Barbados, and Jamaica, highlighting weaknesses in defenses and suggesting reinforcements. It stresses the importance of Jamaica, urging efforts to increase its population and fortify defenses.

The document also discusses defense strategies for the Bahama Islands and the potential threat posed by French settlements surrounding Nova Scotia. It suggests recruiting settlers from Newfoundland and other areas to populate Nova Scotia and strengthen its defense.


Council of Trade and Plantations to Committee of Privy Council. Representation upon petition of Mrs. Campbell. Continue : We have discoursed hereupon with Coll. Philips, H.M. Governour of Nova Scotia, and likewise with Mrs. Campbell the petitioner, who hath laid before us several papers and affidavits relating to her title to the aforesaid lands and quit rents in Nova Scotia, from whence it appears, That in 1631 the Most Christian King Lewis XIII gave the Government of Nova Scotia or Accadie to Monsieur Charles de St. Estienne, Sieur de la Tour, grandfather to the petitioner, who had Letters Patents granted to him thereupon.

What the particulars contained in the said Letters Patent were, does not appear, because no copies of them have been produced to us, but upon the death of Lewis XIII, his son Lewis XIV etc. having been informed of the progress and improvements made in Accadie by the said Sieur de la Tour was pleased by new Letters Patents bearing date February 25th, 1651, to confirm him in the post of Governour and Lieutenant General of Accadie or New France and likewise in the full and free possession of all the lands which had been before granted to him in that Province with full power to dispose of them to whom and in such proportions as he should think proper ; as appears by a printed copy of the said Patent which refers to the former of 1631, and for want of that former Patent it cannot be ascertained whether the whole Province or what part thereof was granted to the said de la Tour.

It would seem that the second Patent of 1651 was issued by way of confirmation of La Tour’s title just after he had been acquitted of certain charges alledged against him ; for the petitioner hath produced to us a decree made for that purpose by the Masters of Requests in the French King’s Court and Chancery bearing date the ninth day of February of the same year 1651, and in this decree mention is likewise made of a former Commission granted to the Sieur de la Tour dated Feb. 8th, 1631, constituting him Lieutenant General for the French King in the said Province of Accadie, Fort St. John, Port de la Tour, and the places dependant upon them.

This decree was confirmed by the French King’s Order in Council dated the 26th of the same month, and the said Sieur de Tour was thereby absolved from all accusations which had been preferred against him for treason or maladministration in his government of Accadie and reinstated and maintained in the full possession and enjoyment of all the lands which had been acquired by him or in his name in the said territory of Accadie or New France. Under the authority of these Letters Patents and of the decree of the Masters of Requests and Chancery confirmed by the French King’s Order in Council Mrs. Campbell alledges that the said De la Tour, her grandfather, for the good of the State and for the encouragement of those who desired to settle in this new colony, as well as in conformity to the intention of the King his master, distributed part of the lands he had acquired in the Province under his government at a very low rate to the new inhabitants, upon certain conditions or Articles made with them in his own name or in the names of his attornies or agents, which contracts were either plundered and taken away from the Petitioner, or burned in the last descent and invasion of the [Mi’kmaq] in Nova Scotia, in which the Petitioner’s first husband was killed.

She supposes however that copies of these contracts might be found in some of the publick offices in Nova Scotia, and that altho’ they should be entirely lost, yet her long possession with the successive and uncontested payments of rents to her, down to the years 1729 and 1730, would be sufficient proofs for the support of her present claim. The aforesaid Charles de St. Estienne de la Tour being dead, the petitioner alledges, that his only son the petitioner’s father succeeded him in all his estates, titles, possessions, honours and privileges, which he continued to enjoy peaceably to the time of his death in the year 1704, leaving several children his heirs who enjoyed his inheritance under the guardianship of their mother until the year 1713, when the Province of Nova Scotia was yielded to Great Britain by the 12th Article of the Treaty of Utrecht.

By the 14th Article of that Treaty, it was expressly provided that the subjects of the King of France in Nova Scotia should have liberty to remove themselves within the term of one year to any other place if they should think fit, with all their moveable effects, but that such as should be willing to remain there and be subject to the Kingdom of Great Britain, should enjoy the free exercise of their religion, according to the usage of the Church of Rome, as far as the laws of Great Britain do allow the same. But her late Majesty Queen Anne was pleased by her letter to General Nicholson bearing date the 23rd day of June, 1713, in consideration of the French King’s having at her request released some of his Protestant subjects from the galleys to allow the French inhabitants in Nova Scotia and Newfoundland to hold their lands or dispose of them if they thought fit etc. Letter from Queen to Governor Nicholson quoted. (v. C.S.P. 23rd June, 1713).

Continues: Hereupon soon after the publication of the foregoing letter in Nova Scotia, the several brothers and sisters of the Petitioner’s coheirs of the land and premises in question retired into the neighbouring Provinces under the domination of France, and left the Petitioner who would not abandon her country, sole proprietor in possession of all their lands and rents, under certain conditions agreed upon amongst themselves. The conveyances which were made to the Petitioner upon this occasion have been produced to us and bear date November 9th, 1714. The Petitioner sets forth that notwithstanding the refusal made by the inhabitants of Minis to pay her the rents to which they were engaged by their articles because she durst not go thither to compel them for fear of the [Mi’kmaq] , by whom she was seized about seven years ago, and run a very great hazard of being massacred, the revenue ariseing to her from thence amounted to 80 or 90 pounds sterling p. annum which she offers to confirm by oath, not being able at present to give better evidence of the value of the income arising from the said rents ; and she likewise further avers that her lands are now set for a 20th part of their real value.

To prove her possession and enjoyment of the lands and premises in question, the petitioner produces two orders under the hand of the aforesaid Governor Philipps dated July 5th, 1721, and Sept. 19th, 1722, by which all the inhabitants and landholders are ordered to pay her the rents stipulated in their contracts. She likewise produces a certificate subscribed and sworn to by the Reverend Mr. Robert Cuthbert, sometime minister of Annapolis Royal where the Petitioner resided, as Chaplain to Colonel Philipp’s regiment, who deposes that during his residence at Annapolis he was well acquainted with the Petitioner etc. who was seized and possessed of a large estate of inheritance lying in and about Annapolis Royal in Nova Scotia and was reputed and esteemed both by English and French and other the inhabitants thereabouts to be Lady of the Mannor lands and premises situated as aforesaid and to be legally intitled thereto, and as such received the rents and profits thereof during this deponent’s stay there ; and this deponent saith that he hath been present and several times seen the rents and profits of the premises aforesaid paid to her from the French, and believes that in her own name she gave proper and legal receipts and discharges for the same, and that the said Agatha Campbell held and enjoyed the aforesaid lands and premises without any interruption or molestation and free from any claim or demand whatsoever during this deponent’s residence there.

The Petitioner hath likewise produced to us three affidavits of Mary Barton, John Welch and William Tipton, who severally depose that they have lived many years at Annapolis Royal during which time they were well acquainted with the Petitioner etc. and that during their abode in Nova Scotia she was acknowledged sole Lady of the Manour, lands and premises of all the inhabited parts of that Province and that in her own right she received the rents and acknowledgements thereof from the inhabitants enjoying the same without molestation, and that she was a Protestant of the Church of England and greatly beloved by the inhabitants her tenants, as will appear more largely by the said affidavits etc. annexed. Having heard what the petitioner had to alledge in support of her claim, we thought it proper upon this occasion to discourse with Governor Philipps etc., by whom most of the facts alledged by the Petitioner in support of her right have been confirmed, particularly as to the value of the quit rents, and her receipt of them, as the rightful proprietor thereof, and that she would have continued to do so to this day but that a stop was put thereto in 1730 in consequence of H.M. orders upon a representation from the said Colonel Philipps till Mrs. Campbell’s title should be further enquired into and H.M. pleasure be known thereupon.

We have also examined the Histories of this Country and searched the books of our office with respect to the facts alledged by the Petitioner, from whence it appears amongst other things, that in the year 1621 the country of Nova Scotia was granted by King James 1st to Sir William Alexander, afterwards Earl of Sterling, who took possession thereof, drove out the French who had encroached upon it, and planted a colony there. That in the year 1630 the said Sir William Alexander sold his right to Nova Scotia to Monsieur Claude de la Tour, a French Protestant, to be held by him and his successors under the Crown of Scotland. That about the year 1631 King Charles 1st made some sort of concession of the said country to the Crown of France, reserving nevertheless the right of the Proprietor who had before enjoyed it.

That in 1633 notwithstanding this last mentioned concession the said King Charles 1st by Letters Patents bearing date the 11th of May in the same year granted to Sir Lewis Kirk and others full privilege not only of trade and commerce even in the River of Canada, which is to the northward of Nova Scotia, and places on either side adjacent, but also of planting colonies and building forts and bulwarks where they should think fit, but the said Sir Lewis Kirk and partners were molested by the French in the enjoyment and exercise of their privileges. That several years afterwards in the year 1654 Cromwel having then a fleet at New England caused the country of Nova Scotia to be seized, as being antiently a part of the English Dominions to which the French had no just title, and the proprietor of the said country Sir Charles de St. Estienne, son and heir to the fore-mentioned Monsieur de la Tour, coming thereupon into England and making out his title under the aforesaid Earl of Sterling and the Crown of Scotland, his right was allowed of by Cromwell ; whereupon the said St. Estienne, by his deed bearing date the 20th of November 1656 made over all his right and title to Nova Scotia to Sir Thomas Temple and Mr. William Crown ; one or both of them who did accordingly continue to possess and enjoy the same with the profits thence arising until the year 1667 when Nova Scotia was yielded to the French by the Treaty of Breda, and was accordingly delivered to them in 1670 by virtue of an order from King Charles the Second to Sir Thomas Temple, who then resided as Governor upon the place.

From this time to the Treaty of Utrecht, when N. Scotia was again surrendered by France to the Crown of Great Britain, our books make no mention of the descendants of the abovementioned Monsieur de la Tour ; but as the Petitioner with her brothers and sisters were found in possession of the lands and quit rents abovementioned, we think it highly reasonable to believe that after the surrender of Nova Scotia to France in 1670, the French King did thereupon restore Monsieur de la Tour, the Petitioner’s father, to the enjoyment of his estate, and it appears to us upon the whole that the Petitioner Mrs. Agatha Campbell is daughter to the last mentioned Monsieur de la Tour and grand-daughter to Monsieur Charles Saint Estienne, Sieur de la Tour, whose right to Nova Scotia was allowed by Cromwell, and that partly by right of inheritance and partly by cession from her relations, she is justly entitled to all the possessions and rents belonging to her said father and grandfather not disposed of by them during their respective lives ; but what those rents and possessions were does not appear to us for want of the first Letters Patent to the Sieur de la Tour in 1631, excepting the quit rents abovementioned of eighty or ninety pounds pr. annum. Whereupon we would take leave to propose that H.M. should be graciously pleased to order a valuable consideration to be paid to the Petitioner for her said quit rents, and also for the extinguishment of her claim to any other part of Nova Scotia ; and in the meantime to issue his Royal Orders to Coll. Philipps, the present Governor of Nova Scotia or to the Commander in Chief there for the time being to give the necessary directions in that Province, that all arrears of rents or quit rents due to the Petitioner from the inhabitants of Nimos or others since the year 1730 or from the time of her receiving the last payments be paid to her the said Agatha Campbell without delay ; and that she be re-instated in the possession of such lands and quit rents as she was possessed of before the late orders for stopping the payment of her rents, and to enjoy them without any let or molestation, until the aforesaid consideration shall be paid. [C.O. 218, 2. pp. 273-292]

Some considerations relating to the security of the British Colonies in America. If a war should break out between England and France, it is natural to expect they will attack us where we are weakest, and that is in America. The Leeward Islands may be overrun in a very few days from Guardaloupe or Martinique, etc. Barbados would make but a very poor resistance, having no forces but their own militia, and their fortifications in a very bad condition. Jamaica might possibly be defended by a powerfull sea force against a descent from Hispaniola, but ye French have near 20,000 people in their part of that island, settl’d within ye space of a few years, whereas Jamaica tho’ planted in Oliver Cromwell’s time, and capable of maintaining 200,000 inhabitants by ye last returns from thence had no more than 7,648 white people, including men, women, and children. And is under daily alarms from her runaway black people].

Gives details of numbers of inhabitants : 74,525 slaves etc. Argues that the Leeward Islands being so small are not capable of supporting a sufficient number of inhabitants to defend them against the superior forces of the French in their neighbouring Colonies. There may be between 3 or 4000 in the four islands, but they are dispers’d, and can never be brought together for their common defence : and therefore the Crown has constantly been at the expence of maintaining a regiment of foot there, which has been an expence thrown away to no manner of purpose etc. This Regiment has been so manag’d that ye inhabitants could have expected but very little protection from it, being always vastly deficient in its numbers, and ye few soldiers that were effective, except tradesmen who could earn their own bread, have been almost starv’d for want of subsistance, consequently much fitter for hospital than for service.

Proposes that the Colonel should be immediately ordered to his post and to make, in conjunction with the Governor, a return of the strength of the Regiment : that it be forthwith recruited ; and as it is impossible for the common soldiers to subsist there upon their own pay, that the Governor be instructed to recommend to the people to make the same additional provision for them at least, which the Assembly of Jamaica give to their 2 Independent Companies. But this Regiment compleated to its full establishment will be but of little use without a Naval force etc. The loss of these islands, or even the destruction of their sugar works, would be a great detriment to England, and an irreparable damage to the inhabitants, who have not to this day recovered the losses of the last war etc. The Admiralty have a very good harbour at Antegoa, and we should upon the first apprehension of danger, have two ships of war at the least upon this station.

The property of the King’s subjects in these islands, including their slaves, stock, coffers and buildings is computed at near three millions sterl. Barbados has of late years given so much money to their Governors that they have not been able to lay out any upon their fortifications, but their charge upon that head is at present considerably diminished and therefore their Governor should be instructed to recommend to them to take care of the necessary repairs for their fortifications and supply of their magazine. For I fear the number of their inhabitants is much lessen’d of late. Upon the least umbrage of a war they should have the same number of ships for their defence which were employ’d on that station during the last war. This will be the more necessary at present, because of the French encroachments at Santa Lucia which lies within sight of Barbados, and of the encrease of the French inhabitants in their neighbourhood.

Jamaica has always been deservedly our chief concern, as well upon acct. of its scituation, as of its real value, and if the inhabitants had understood their own interest or had half so much concern for themselves as we have had for them, they would not have been in so bad a condition as they now are. Instead of being a great burthen to us, they might, with good conduct, by this time have been able to stand alone, and have been the terror of the West Indies. But it is too late to look backwards, and some way must be found out effectualy to people this island, or we shall certainly lose it. Our Fleets indeed may do a great deal for the defence of Jamaica ; but it is to be consider’d that the same winds which may bring a force from Hispaniola, may confine our ships in port ; and an Iland upon which we have long valu’d ourselves, be lost, notwithstanding our naval force, in a very few days. It will therefore be highly necessary to send some person of spirit, integrity, and capacity to command this Iand. He should be instructed to send home a full and true state of their condition.

How it comes to pass that they are not better peopled? What impediments there are to the settling of the country? and how they may be removed, either by the Legislature of the Iland, or that of Great Britain? for this is too valuable a jewel in the Crown of England, to be lost by the petulance of the inhabitants, or the exorbitant avarice of a few leading men, who have eat up all their poor neighbours and expelled them the Iland. Something in the nature of an Agrarian law must be made for Jamaica if we intend to keep it. No man should be allow’d to hold more land than he can cultivate, and great encouragment should be given to draw inhabitants thither, for England could not lay out money to a better purpose. In the mean while we should allow them as many ships for their defence in case of danger, as they had any time the last war. And we must not wait till we hear the French are going to send ships into the West Indies ; for we may be undone by the land force they have there already etc. Suggests sending, upon the first apprehension of a rupture a strong land force also into the iland, under the command of some experienced officer. The Bahama Ilands in case of a war would lye greatly expos’d to an invasion from the Spanish Colonies at Porto Rico, Hispaniola or Cuba, but especially from the last. The temptation of attacking them will not arise from the plunder, the inhabitants being hitherto very poor, but their scituation is of very great importance, and therefore they will merit a farther land force for their defence, having only one Company there at present.

And as they have a good harbour at Providence for 20 gun cruisers, two ships of that size may be station’d here to good purpose, to watch the Spanish plate fleets, and be a cheque upon the navigation of the Gulph of Florida. It were to be wished that these were the only British Dominions in America expos’d to danger ; but it is certain that the French may make themselves masters of Nova Scotia whenever they please. It is easie to perceive from one cast of the eyes upon the map, that this Province is surrounded almost on every side by the French settlements of Cape Briton, L’isle Madam, Anticosta, the river of St. Laurence, and Canada, in all which places, the French are very strong and numerous, especialy at Cape Briton and L’isle Madam etc., but we have hardly one civil inhabitant in the whole province of Nova Scotia, and what is still worse, we have upwards of 3000 French Papists settled in the heart of the countrey, who have remained there ever since the Peace ; and tho’ they have with great difficulty been prevail’d on not long since to take the oaths of allegiance to the King ; there is no doubt that they would readily joyn with their countreymen to recover this Province for the Crown of France etc. Something should be done without loss of time. It may not perhaps be adviseable to ask the assistance of Parlt. yet nothing can be done without expence.

Palatines or Saltburgers might certainly be had in Holland, and in my humble opinion they ought to be had. But there is one other way which has formerly been recommended as advantageous to the publick in every respect, and that is to engage the straglers, now settled in Newfoundland, where they do a great deal of harm, to transport themselves to Nova Scotia, where they may be of some use to their Mother Countrey. And as these people are already inur’d to the hardships of these cold climates they would be of more service there than a much larger number from any other place. All reasonable encouragements should therefore be given to them, and indeed to any other people that are dispos’d to settle in Nova Scotia, till that Province shall have acquir’d a reasonable defence. It may likewise be for the King’s service, that Col. Philips should be order’d forthwith to recruit his Regt. to the full establishment, and if the men were allow’d to carry wives with them they might in time do something towards peopling the countrey. But this is only one of those gradual expedients to which many more might be added, but which would not save the present emergency etc. The preservation of this Province, and of the Fishery upon its coast, which is preferable to that of Newfoundland, would always deserve a station ship, and more in time of war, with another regiment. Without date or signature. Endorsed, Oct. 28th, 1733. 5 pp. [C.O. 5, 5. No. 2.]

“America and West Indies: October 1733, 16-31.” Calendar of State Papers Colonial, America and West Indies: Volume 40, 1733. Eds. Cecil Headlam, and Arthur Percival Newton. London: His Majesty’s Stationery Office, 1939. 216-232. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol40/pp216-232.

Documents illustrative of the Canadian constitution

chronology

“The events recorded in the left hand column belong to the history of what is now British America; those in the right hand column belong for the most part to this history of what is now the United States:

1492First Voyage of Columbus
1497Cabot discovered Newfoundland
First Voyage of Jacques Cartier1534
Second Voyage of Jacques Cartier1535
Third Voyage of Jacques Cartier1541
1542De Soto discovers the Mississippi
1564French settlement in Florida
Gilbert in Newfoundland1583
1584Raleigh’s first voyage (Virginia)
1606London and Plymouth charter
1607Jamestown (Virginia), founded
Quebec founded by De Champlain1608
Fourth voyage of De Champlain1610Discovery of Hudson River
Fifth voyage of De Champlain1611Discovery of Hudson Bay
Sixth voyage of De Champlain, and ascent of the Ottawa1613
1614New Amsterdam founded
De Champlain at the Georgian Bay1615
1619First Legislative Assembly in America (Virginia)
Tenth voyage of De Champlain1620Landing of “Pilgraims” at Cape Cod and at Plymouth
Nova Scotia granted to Sir William Alexander by James I1621Dutch West India Company
1623New Hampshire settled
“One Hundred Associates”1627
Quebec taken by Sir David Kirke1629Massachusetts charter
1630First General Court of Massachusetts
Canada and Acadia restored to France by the Treaty of St. Germain-en-Lye1632Maryland granted to Calvert
Twelfth voyage of De Champlain (first “Governor” of Canada)1633
Death of De Champlain1635First Assembly of Maryland
De Montmagny Governor [of Canada]1636Roger Williams in Providence
1636Harvard College formed
1639First written constitution in America adopted by Connecticut, and first General Court of the Province
Settlement of Montreal1642Charter granted to Rhode Island
1643New England Confederacy
D’Ailleboust, Governor of Canada1648Treaty of Westphalia
De Lauson, Governor [of Canada]1651
1652Maine annexed to Massachusetts
D’Argenson, Governor [of Canada]1658Indian war at Esopus
Bishop Laval at Quebec1659Quakers hanged at Boston
D’Avangour, Governor [of Canada]1660
Colbert, Prime Minister of France1661
1662Charter granted to Connecticut
“Sovereign Council” established with De Mesy as Governor of “New France”1663Rhode Island charter
Seminary of St. Sulpice acquire Montreal1663
De Tracy Viceroy, and De Courcelles Governor [of Canada]1664New York taken by the British
West India Company granted Monopoly of Canadian trade1664Connecticut and New Haven united
Iroquois country invaded1666
Bay of Quinte Seminary mission1668First Assembly of New Jersey
1669First Assembly of North Carolina
Hudson Bay Company chartered1670Charleston South Carolina founded
1672
1673Mississippi discovered by Joliet and Marquette
Laval Bishop of Quebec1674First Assembly of South Carolina
De la Salle visits France1674New Netherlands (New York), New Jersey and Delaware ceded to Britain by Holland
Reduction of tithe to one-twenty-sixth1679First Assembly in New Hampshire
Indian Council at Montreal1680De la Salle on the Illinois
De la Barre Governor [of Canada]1682Penn founds Pennsylvania
1682De la Salle descends the Mississippi
1684The Mississippi Company established
De Denonville Governor [of Canada]1685
Hudson Bay forts taken1686Andros Governor of Massachusetts
Departure of Bishop Laval1688New York annexed to New England
Massacre of Lachine1689William III King of England
De Frontenac Governor [of Canada]1689Andros expelled from Massachusetts
Quebec attacked by Phips1690New Hampshire annexed to Massachusetts
1697Treaty of Ryswick
Death of De Frontenac1698
De Calieres Governor [of Canada]1699Penn visits America
Indian Treaty of Peace (Montreal)1701New charter for Pennsylvania
1702War of Spanish succession
De Vaudreuil Governor [of Canada]1703
“Superior Council” created1703
Capture of Port Royal (Annapolis) [Nova Scotia]1710Hunter Governor of New York
Expedition of Walker and Hill against Quebec1711
1712Crozat’s Mississippi Charter
1713Treaty of Utrecht
Nicholson Governor of [Nova Scotia]1714George I, King of Great Britain
Death of Louis XIV1715
Phillips Governor of [Nova Scotia]1717Law’s Mississippi charter
1718New Orlean’s founded
Louisburg fortified1720Burnet Governor by New York
1722Fort Oswego built by Burnet
Armstrong governor of [Nova Scotia]1723Paper money in Pennsylvania
Fort Niagara rebuilt1725
De Beauharnois Governor of Canada1726
1727George II King of England
Newfoundland a British Province1728
1731Crown Point occupied by the French
1732Louisiana made a Royal Province
1733Georgia Settled
Iron forges at Three Rivers1737
Verandrye ascends the Red River1738New Jersey separated from New York
Mascarene Governor of [Nova Scotia]1740
Louisburg captured1745
De la Galissonniere Governor of Canada1747
De la Jonquiere Governor of Canada1748Treaty of Aix-la-Chapelle
Halifax [Nova Scotia] founded1749Slaves admitted to Georgia
Cornwallis Governor of [Nova Scotia]1749
Fort Rouille built at Toronto1749De Celeron’s Ohio expedition
Hopson governor of [Nova Scotia]1752
Duquesne Governor of Canada1752
Lawrence Governor of [Nova Scotia]1753Osborn Governor of New York
1754First Assembly of Georgia
1754Interprovincial Congress at Albany
Expatriation of the Acadians1755Braddock’s Expedition to Fort du Quense
De Vaudreuil Governor of Canada1755Dieskau defeated at Fort George
First Assembly of Nova Scotia1758Abercrombie defeated at Fort Ticonderoga
Quebec taken by Wolfe1759Niagara taken by Johnston
Montreal taken by Amherst1760George III, King of Great Britain
Province of Quebec created1763Treaty of Paris
1763
1765The Stamp Act passed
Carleton Governor of Quebec1766Repeal of the Stamp Act
Prince Edward Island made a Province1769Pontiac killed
1769Colonial Tax Act passed
First Assembly of Prince Edward Island1773Destruction of tea at Boston
Lord Mansfield’s judgement1774Boston port closed
The Quebec Act passed1774First Revolutionary Congress, (Philadelphia)
Montgomery and Arnold invade Canada1775Battle of Lexington
1776Declaration of Independence
Haldimand Governor of Quebec1778Articles of Confederation
1778Colonial Tax Act repealed
Immigration of United Empire loyalists1783Treaties of Paris and Versailles
New Brunswick made a Province1784
Lord Dorchester Governor of Quebec1786Cotton introduced into Georgia
1787Constitution of the United States
1789George Washington, President
Constitutional Act passed1791
First Parliaments of Upper and Lower Canada1792Washington made the capital
1794The Jay Treaty (London)
Prescott Governor of Canada1796Washington’s retirement
Second Parliament of Upper Canada (York)1797John Adams, President
1801Thomas Jefferson, President
Selkirk’s Colony in Prince Edward Island1803Louisiana ceded by France
Craig Governor of Canada1806Lewis and Clark reach the Pacific
1809James Madison, President
Prevost Governor of Canada1811
Selkirk’s settlers at Red River1812War declared against Britain
1814Treaty of Ghent
Sherbrooke Governor of Canada1816
1817James Monroe, President
Richmond Governor of Canada1818Convention of London
1819Florida purchased from Spain
Dalhousie Governor of Canada1820Maine admitted as a State
Cape Breton annexed to Nova Scotia1820Missouri compromise
1825John Quincy Adams, President
Canada Company formed1826
1829Andrew Jackson, President
Aylmer Governor of Canada1830First railway in the United States
Revenue Control Act1831
First Assembly in Newfoundland1832
Gosford Governor of Canada1835
1837Victoria Queen of Britain
Rebellion in Canada1837Martin Van Buren, President
Lower Canadian Constitution Suspended1838
Durham Governor of British America1838
Sydenham Governor of the Canadas1839
Union Act1840
Sydenham Governor of Canada1841William H. Harrison, President
First Parliament of Canada1841John Tyler, President
Responsible Government introduced1842
Bagot Governor of Canada1842Ashburn Treaty (Washington)
Matcalfe Governor of Canada1843
Great fire in Quebec City1845James Knox Polk, President
Elgin Governor of Canada1846War with Mexico
1848Treaty with Mexico
Rebellion losses agitation1849Zachary Taylor, President
1850Willard Filmore, President
1850Fugitive Slave Bill
Gavazzi Riots in Montreal1853Franklin Pierce, President
Clergy Reserves secularized1854Reciprocity Treaty (Washington)
Feudal tenure abolished1854Kansas-Nebraska Bill passed
Head Governor of Canada1855Kansas riots
1857James Buchanan, President
1857“Dred Scot” case
Canadian Federation mooted1859Harper’s Ferry uprising
The Anderson (fugitive slave) case1860
Monck Governor of Canada1861War of Secession begun
1861Abraham Lincoln, President
Self governing Colonies made responsible for their own defence1862The Alabama sails from Liverpool
Colonial Habeas Corpus Act1862
Quebec Conference1864
Colonial Laws Validity Act1865Andrew Johnson, President
Fenian Raids1866
Confederation Act1867
Lisgar Governor of Canada1868
Northwest Territories acquired1869Ulysses S. Grant, President
Province of Manitoba1870
British Columbia added to Canada1871Treaty of Washington
Dufferin Governor of Canada1872
1877Rutherford B. Hayes, President
Lorne Governor of Canada1878
Canadian Pacific Railway organized1881James A. Garfield, President
1881Chester A. Arthur, President
Landowne Governor of Canada1883
Northwest rebellion suppressed1885Grover Cleveland, President
Stanley Governor of Canada1888
1889Benjamin Harrison, President

“NOTES TO THE TREATY OF UTRECHT:

  1. The text is reprinted from the “ Collection of Treaties between Great Britain and other powers,” published by George Chalmers at London in 1790. In that collection the Treaty of Utrecht is, according to the compiler, “printed from the copy which was published by authority in 1713.”
  2. The two dates here given are according to the Old Style and the New Style ; the latter had been adopted by France in 1582, and it was not adopted in England till 1751.
  3. For the Charter of the Hudson Bay Company see Ontario Sessional Papers, vol, xi, No. 31.
  4. The boundary was never determined by the commissaries appointed under the Treaty of Utrecht (Ont, Sess. Papers, vol. xi. No. 31, p. 136 p.), and it remained un- settled until Canada became a British Province. There was then no pressing reason for defining it, and it remained undetermined until it was defined by the Imperial Act of 1889, 52 & 53 Vict. cap 28, which settled the northern boundary of Ontario.
  5. These ancient boundaries are thus given by Murdoch in his “History of Nova Scotia or Acadia”: “Acadia was then bounded on the north by the Gulf of St. Lawrence, on the east by the Atlantic, on the south by the river Kennebec, and on the west by the Province of Canada, its northwesternmost boundary being in Gaspe Bay.” Thus defined, Acadia included the present Provinces of Nova Scotia and New Brunswick, and part of the State of Maine. The St. Croix river is named as the boundary, instead of the Kennebec, in the Commission to Walter Paterson. Prince Edward Island, in 1769, and this definition is repeated in the Commission to Thomas Carleton. the first Governor of New Brunswick, in 1781. (See Dominion of Canada Sessional Papers, vol. xvi. No. 70.) For an account of disputes between the French of Acadia and the British Colonists of New England over the district between these two rivers, see Kingsford’s “History of Canada,” Murdoch’s “ History of Nova Scotia,” and the volume of “Selections” mentioned in Note 6.
  6. Governor Philipps was instructed, in 1729, to appoint Commissioners to confer with Commissioners appointed by the Governor of Canada as to the boundaries of Acadia. This was never done, and for correspondence on the subject see “Selections from the Public Documents of the Province of Nova Scotia,” Halifax, 1869. Gov. Philipps’ instructions are given in the Dom. Sess. Papers, Vol. xvi, No. 70.
  7. Compare the provisions of this treaty respecting fishing privileges with those reserved to France in the Treaty of Paris, 1763. See also the provisions in the Treaty of Versailles, 1783, relating to the same franchises; and the provisions of the Treaty of Paris, 1783, the Treaty of Ghent, 1814, the Convention of 1818, and the Treaty of Washington, 1871, dealing with the claims of the United States to the Canadian fisheries. For these documents see Appendix A.
  8. This right was exercised in the case of Louisburg, which was made the centre of French operations in Acadia. Cape Breton was finally ceded to Great Britain by the Treaty of Paris, 1763.
  9. Compare the concessions made in the articles of capitulation of Montreal, 1760; in the Treaty of Paris, 1763; in the Quebec Act, 1774; and in the Constitutional. Act, 1791.”

Houston, William. “Documents illustrative of the Canadian constitution” Toronto : Carswell, 1891″ https://catalog.hathitrust.org/Record/001144305

Draught of H.M. Commission to Richard Philips to be Governor of Placentia and Cap. General and Governor in Chief of Nova Scotia or Accadie, June 19 1719

The document, addressed to the Lords Justices, discusses the governance and development of the Province of Placentia and Nova Scotia. It highlights the unique circumstances of the province, noting that it has not been previously settled by British subjects. Consequently, the instructions for Colonel Philips, who is appointed as governor, draw heavily from those provided to the Governor of Virginia. These instructions aim to establish a new settlement, focusing on population growth, promoting the fishery industry, preserving timber for the Royal Navy, and encouraging the production of naval stores like hemp.

Colonel Philips is directed to maintain friendly relations with the Governor of Canada and French subjects, while also keeping a vigilant eye on French activities in neighboring territories. Additionally, there is emphasis on fostering goodwill with the indigenous Mi’kmaq people, including proposing intermarriages between British subjects and Mi’kmaq individuals to strengthen ties.

The instructions touch upon various aspects of governance, including encouraging settlement, regulating land grants, promoting the fishery industry, and ensuring the welfare of soldiers stationed in the region. There’s also a focus on transitioning inhabitants from Newfoundland to Nova Scotia for the colony’s development.

Overall, the instructions aim to establish a viable governance structure, promote economic growth, and secure British interests in the region amidst competition from other European powers.


255. Council of Trade and Plantations to the Lords Justices. Enclose following. Continue: The Province [of Placentia and Nova Scotia] not being hitherto peopled or settled by H.M. subjects, we did not think it necessary, that either the Commission or Instructions for Col. Philips should be so extensive, as those for H.M. other Governors, in America etc. But for Col. Philips better Government, in addition to these Instructions, we have thought it necessary, that he should have with him, a copy of H.M. Instructions to His Governor of Virginia, which may be of use to him so far as they shall be applicable to cases that may happen and are not sufficiently provided for by these instructions, till H.M. further pleasure shall be known.

Your Excellencies will perceive that the Instructions we have prepared for Col. Philips, are entirely calculated for the laying out and making a new settlement, wherein we have made the best provision we are able to propose at present for the peopling of the country, for promoting the fishery, for the preservation of the timber fit for ye Royal Navy and for encouraging the productn. of Naval Stores, more particularly of hemp, which is very much wanted in H.M. Dominions. There is a clause in the said Instructions whereby the Govr. is directed to live in perfect friendship and good correspondence with the Governor of Canada and all officers and other subjects of his Most Christian Majesty in those parts, and to avoid as far as in him lies all occasions of dispute or contention with them. But at the same time, considering how formidable the French already are there, and how much reason there is to be jealous of their new settlements and extent of territory on the back of the British Plantations from ye Gulph and River of St. Lawrence down by the Lakes and the River Missisipi to the Bay of Mexico, we have prepared an Instruction directing Col. Philips to keep a watchful eye upon them, and to transmit from time to time the best accounts he can get of their proceedings. And as we are convinced from all the accounts that we have received from America, that nothing has so much contributed to strengthen the hands of the French in those parts, as the friendship they maintain, and the intermarriages they make with the [Mi’kmaq] we have not only prepared a clause in his said Instructions, requiring him to give all civil and friendly treatment to the [indigenous] Nations or clans within his Governmt., but have likewise taken the liberty to propose an Instruction for encouraging of intermarriages between H.M. subjects and the said [Mi’kmaq] , which we hope may have a very good effect there, and can occasion but a small expence to H.M. We were the rather induced to offer this Instruction because of ye weak condition Nova Scotia is in at present, being only inhabited by French planters, who have hitherto refused to take the oaths to H.M. and by the [Mi’kmaq] , who are very much influenced by the French Missionaries; to which may be added that this Province lies between the two French settlements of Cape Breton and Canada, where they are very strong and numerous, and daily encroaching upon H.M. territories in those parts. We think it highly necessary that a reservation should be made of certain tracts of land in proper places to be set apart for the production and preservation of timber for the use of the Royal Navy, and as we have proposed in the said Instructions, that the Govr. shall make no grants, till the country shall have been survey’d; we humbly offer that the Surveyor General of the Woods on the Continent of America have directions forthwith to repair to Nova Scotia, and mark out such parts thereof as are proper to be reserved for this purpose agreeable to the said Instruction. We have likewise prepared and herewith lay before your Excellencies another draught of Instructions for Col. Philips, which relate only to ye observance of the several Laws of Trade and Navigation, and are in the usual form etc. Repeat proposal for a ship to attend the Province etc.; “for in our humble opinion it will be impossible for Col. Philips either to protect the trade and fishery of H.M. subjects there, or to put the greatest part of his Instructions in execution, without such an assistance.” Annexed.

255. i. Draught of H.M. Commission to Richard Philips to be Governor of Placentia and Cap. General and Governor in Chief of Nova Scotia or Accadie. To appoint a Council not exceeding the number of 12, levy forces, grant lands under a moderate quit-rent, and “do execute and perform all and every such further act and acts as shall or may tend or conduce to the security of our said Province, and the good people thereof and to the honour of our Crown,” etc.

255. ii. Draught of H.M. Instructions to Governor Philips.

1-8. Usual Instructions as to Councillors.

(ix). And the better to enable H.M. to compleat what may be further wanting towards the establishing a civil Governmt. in the said Province, you are to give unto H.M. by one of his principal Secretaries of State, and to the Commissioners for Trade and Plantations, by the first opportunity after your arrival there, a true state of the said Province, particlarly with respect to the number and qualifications of the people that either are there, or hereafter shall resort thither, of what number it may be proper to constitute an Assembly? What persons are proper and fit to be judges, justices or sherrifs? and any other matter or thing, that may be of use to H.M. in the establishing a civil Government as aforesaid.

(x) In the meantime till such a Governmt. shall have been established you will receive herewith a copy of the Instructions given to the Governor of Virginia, by which you will conduct yourself, till H.M. further pleasure shall be known, as near as the circumstance of the place will admit, in such things as they can be applicable to, and where you are not otherwise directed by these Instructions. But you are not to take upon you to enact any laws till H.M. shall have appointed an Assembly and given you directions for your proceedings therein.

(xi) Whereas we are informed that the inhabitants of Nova Scotia (except those of the Garrison of Annapolis Royal) are most if not all of them French, who never took the oaths of fidelity and allegiance to H.M., or to the late Queen; notwithstanding such their undutiful behaviour, you are immediately upon your arrival there, to invite them in the most friendly manner by Proclamation and otherways, as you shall think fit to submit to your Government and swear allegiance to H.M., within the space of four months from the date of such your Proclamation, upon which condition, they shall enjoy the free exercise of their religion, and be protected in all their civil and religious rights and liberties so long as they shall behave themselves as becomes good subjects.

(xii) You shall take care to give notice to H.M. by one of his principal Secretaries of State and to the Comrs. for Trade and Plantations of the effect of this Proclamation and expect H.M. further orders thereupon for your conduct towards such of the sd. French inhabitants as shall not have comply’d therewith by the time therein prefix’d. But in the mean while, you are to observe that the sd. French inhabitants of Nova Scotia have long since lapsed the time, granted them by the Treaty of Utrecht, for removing their effects from thence to any part of the French Dominions in America; and therefore if any of the said French inhabitants should notwithstanding the encouragement given them to become good subjects to H.M. resolve to remove out of your Governmt. you are to take particular care as far as in you lies, that they do no damage, before such their removal to their respective houses and plantations, and that they be not permitted to carry off their effects with them.

(xii) And as it is not reasonable that such of the French inhabitants as shall neglect or refuse to take ye oaths of allegiance aforesaid, within ye time prefix’d, should enjoy ye same liberties and advantages with the rest of H.M. subjects in Nova Scotia, you are hereby directed, to debar them from fishing on the coast, till H.M. further pleasure be known concerning them.

(xiv) You are to send to H.M. by one of his principal Secretarys of State, and to the Comrs. for Trade and Plantations an accot. of the number of the said French inhabitants remaining in that Province; Where their settlements are? Whether they live in townships, or are scatter’d at distances from each other? What trade they carry on, either with the [Mi’kmaq] or otherwise? And how they employ themselves for the subsistance of their families? What number of ships they have? How they are employ’d? To what markets they carry the fish they catch? And what goods or commodities they bring back (and from what places) in return for their said fish? Also the like accounts with respect to such of H.M. natural born subjects, as are already setled in the said Province.

(xv) You shall after your arrival there propose to the Governor of Canada to appoint one or more Commissaries in behalf of ye French, to be joined with such as you shall appoint on H.M. part to view the limits between H.M. territories and those of France bordering on Nova Scotia pursuant to the Articles of the Treaty of Utrecht and to such further Instructions as you shall receive from hence for that purpose; and you shall send a full account of your proceedings herein to one of H.M. principal Secs. of State to be laid before H.M. and to the Comrs. for Trade and Plantations as aforesaid, with your opinion upon the whole.

(xvi) You shall live in good correspondence with the said Govr. and all other officers and subjects of the most Christian King, taking particular care that no violence be offer’d to them, whereby an occasion might be given to interrupt the friendship and good correspondence between the two Crowns, which more particularly in the present juncture. is so necessary for their mutual advantage, and in case the subjects of France should make any depredations upon those of H.M. or do them any other injury, you shall not make reprizals without further order from H.M., but you shall in an amicable manner demand redress of the Govr. of Canada, or such other officer as it may concern; But if it should so happen that he persist in justifying what such subjects of France may have done, and that either thro’ his obstinacy or the dubiousness of the case, you shall not be able to adjust the difference between yourselves, in a friendly manner, you shall represent the same to one of H.M. principal Secretaries of State, and to the Commissionrs. for Trade and Plantations to be laid before H.M., acquainting the said Govr. or other officer in the first place with your intention so to do, and offering to impart to him your represn. of the case if he will, in like manner communicate to you what he writes to the French Court upon that subject.

(xvii) You are notwithstanding to keep as strict a watch as possible upon the proceedings of the French at Cape Breton and in Canada and particularly you are to send to H.M. by one of his Secretaries of State and to the Commrs. for Trade and Plantations frequent accounts of their number, strength and situation—what commerce. they carry on—and what progress they have made in their settlement on the back of the British Plantations, especially with regard to the communication they are said to have opened from the Gulph and River of St. Lawrence to the Lakes of Ontario and Erie, and from thence down the River Missisipi to the Bay of Mexico.

(xviii) You shall to the utmost of your power encourage the growth and production of timber, masts, tar, hemp and other Naval Stores, in the Province of Nova Scotia, and you are to enquire, what trees there are in the said Province fit for masts for the use of the Royal Navy and in what parts of the country they grow at what distance they are from any rivers whereby they may be the more commodiously brought down, in order to be shipt for this Kingdom.

(xix) And you are in a particular manner to signify H.M. express will and pleasure to all the inhabitants that now are or hereafter shall come to settle there, and to take care yourself, that no trees fit for masts for the future, of the diameter of 24 inches and upwards at 12 inches from the ground be cut without H.M. particular licence.

(xx) You are to endeavour to get a survey made of the said Province of Nova Scotia as soon as conveniently may be; and in the mean time you are to send to H.M. by one of his principal Secretaries of State, and to the Commrs. for Trade and Plantations the best description of that country you are able to get, with relation to its extent and situation, with respect to ye neighbouring French of Canada and Cape Breton.

(xxi) You are also to send the most particular account you can of ye nature of the soil. What swamps there are in it? and whether those swamps do produce mast trees, or by drayning may not be made fit for raising of hemp? What other products the country is capable of? and how the same may best be improved for the advantage of this Kingdom? and what trade may be carried on with the [Mi’kmaq] for furrs and otherwise? What navigable rivers there are in ye said Province and what others fall into them?

(xxii) And whereas we have judged it highly necessary for H.M. service that you should cultivate and maintain a strict friendship and good correspondence with the [indigenous] Nations inhabiting within the precincts of your Governmt. that they may be reduced by degrees not only to be good neighbours to H.M. subjects. but likewise themselves become good subjects to H.M., we do therefore direct you upon your arrival in Nova Scotia to send for the several heads of the said [indigenous] Nations or clans, and promise them friendship and protection on H.M. part. You will likewise bestow on them, as your diseretion shall direct, such presents as you shall carry from hence in H.M. name for their use.

(xxiii) And as further mark of H.M. good will to the said [indigenous] Nations; you shall give all possible incouragement to intermarriages between H.M. British subjects and them for which purpose you are to declare in H.M. name, that H.M. will bestow on every white man being one of His subjects, who shall marry an [indigenous] woman, native and inhabitant of Nova Scotia, a free gift of the sum of £10 sterl. and 50 acres of land, free of quit rent for ye space of 20 years, and the like on any white woman being H.M. subject who shall marry an [indigenous] man, native and inhabitant of Nova Scotia, as aforesaid.

(xxiv) And whereas it will be of advantage to H.M. service and highly beneficial to the trade of Great Britain, that the said Province of Nova Scotia be peopled and settled as soon as conveniently may be; as an incouragemt. to all H.M. good subjects, that shall be disposed to settle themselves and their families there; you are hereby directed to make grants of such lands in fee simple as are not already disposed of by H.M., to any person that shall apply to you for the same; reserving nevertheless to H.M., his heirs and successors an annual rent of one shilling, or of three pound of hemp, clean, bright and water-rotted for every fifty acres so granted, at the election of the grantee; the said rent to commence three years after the making the grant, and not before; you are to take especial care, that there be a clause inserted in all ye said grants, declaring, that if any grantee shall refuse or neglect to pay the abovementioned rent for the space of three years, after ye same shall become due, his patent shall henceforth be null and void to all intents and purposes whatsoever,

(xxv) But as great inconveniencies have arisen from suffering one single Proprietor to possess too large tracts of land in H.M. Plantations. It is H.M. express will and pleasure, that for the better settling and peopling ye Collony under your Government, that you do not, upon any pretence whatsoever, grant unto any one person above the number of 500 acres; It being H.M. intention that no person whatsoever either in his own name or any others in trust for him, do hold any more than 500 acres as aforesaid until H.M. further pleasure shall be known thereupon. And in all such grants of land as you shall hereafter make; you are to have particular regard to the profitable and unprofitable acres, that is to say, that no man shall have his whole grant run lengthways upon the banks of a river, but that a due proportion of what shall be granted to him do run from ye river upwards into the country.

(xxvi) And whereas it is and hath been a common practice in H.M. Plantations in America for persons to take out patents for sundry tracts of land without being in any condition to cultivate the same; you are hereby directed to cause a clause to be inserted in every grant of land by you to be made, as aforesaid; whereby the said grant shall become void and null to all intents and purposes, if the grantee or his assigns do not cultivate, inclose, plant or improve at least one tenth part of the lands granted within the space of three year, to be accounted from the date of ye patent, and so progressively one other tenth part within the space of every other subsequent three years, until the whole tract of land contained in the said patent shall be cultivated, inclosed, planted or improved.

(xxvii) And that H.M. may at all times be exactly informed of the state of the Province, particularly with respect to the lands that shall be granted; you are to cause a book to be fairly kept wherein shall be registred all ye grants made by you specifying the names of the grantees, the number of acres granted, with their scituation and boundaries and the quit rents thereon reserv’d together with ye dates of each respective grant. And you are to transmit to H.M. by one of his principal Secretaries of State and to his Commissrs. for Trade and Plantations, transcripts of such registers at least once a year.

(xxviii) But as it is H.M. pleasure that certain tracts of land which shall be found upon a survey, to be most proper for producing of masts and other timber for the use of the Royal Navy, lying contiguous to the sea coast or navigable rivers, be reserved for H.M. service; you are not to grant any lands till such tracts shall have been marked out and set apart for H.M. use, not amounting to less than 200,000 acres in the whole, in which you shall strictly forbid all the inhabitants of Nova Scotia, or others that may come there, to cut any trees of any dimensions whatsoever, upon pain of H.M. highest displeasure and of the utmost penalties the Laws can inflict.

(xxix) It being H.M. intention to give all possible incouragement to the trade of all His subjects; you are to use your best endeavors that the fishery on the coast of Nova Scotia be encouraged and protected; and in order thereunto you shall not allow any settlements to be made on the coast, but what shall be at 200 yards distance from the sea or harbour, that there may be sufficient room left for beaches, flakes, stages, cook-rooms, and other necessary conveniencies between the said settlement and the sea, for any of H.M. subjects that shall come to catch and cure fish there, who are not to be impeded, molested or disturbed in their curing their fish, upon any pretence of grants or settlements upon the coast. Nor shall any of the planters and inhabitants demand any sum or sums of money or other acknowledgement from the fishermen for the liberty of curing upon the coast, unless they provide stages and cook-rooms with a shore man to each stage, and the usual necessaries for such fishing ships, as is done at Marblehead in New Engld. And in such case they shall ask no more than 12d. in New England money for every quintal.

(xxx) And to render the commerce of H.M. subjects in Nova Scotia, more commodious and practicable, you are to take especial care in all such grants of land as you shall make, pursuant to your Commission and these Instructions, that a continued space of land on the banks of all creeks and rivers, of the breadth of one hundred yards, be reserved free and common to all passengers and publick uses whatsoever.

(xxxi) Whereas there have been great complaints that H.M. soldiers in garrison at Annapolis have been very ill treated with regard to their clothing and provisions, and in several other respects; you shall make particular enquiry into any abuses of this kind that may have been heretofore, and transmit an account thereof to H.M. Secretary at War; and you shall take care that no occasion be given hereafter for complaints of this nature.

(xxxii) And whereas the settlements which have been made by H.M. subjects in Newfoundland have by experience been found prejudicial on many accounts to the trade of Great Britain, and it being apparently more for H.M. service and the intrest of his Dominions, to establish a British Colony in Nova Scotia sufficient to support its self against any attempts of other European nations and of the neighbouring [Mi’kmaq] ; you shall use all proper methods for inducing the present inhabitants of Newfoundland to remove to Nova Scotia as well for the better settlement and strengthening of that Colony as for improving the Fishery in those parts.

(xxxiii) And in order thereunto, you are hereby impowered to grant 100 acres of land to each family that shall transplant themselves from Newfoundland and settle under your Governmt. under the abovementioned Instructions for improvemt. of the said land to be held at a pepper corn rent for the first 20 years, from H.M., his heirs and successors, but to be afterwards subject to the same quit rents as shall be payable according to the preceding Instructions etc.

(xxxiv) The Officers of H.M. Ordnance having in pursuance to ye directions given in that behalf, appointed the making of a redoubt and other works at Placentia, which are judged sufficient for securing the fishery of H.M. subjects there, you shall give all the protection and assistance you are able to ye persons employ’d in raising the said fortifications. And when they shall be finished, you shall with the first convenient opportunity remove the garrison from thence to Annapolis Royal, leaving only such a number of men there, not exceeding 50, with proper officers as you shall judge sufficient for the defending of those works.

(xxxv) You shall strictly enjoin both the present and future garrison of Placentia and all H.M. Officers and soldiers, and other persons whatsoever belonging thereto, not to concern themselves in the fishery there nor interrupt the fishermen in ye curing of the fish nor to take up for themselves any beaches, stages or cook-rooms upon any pretence whatsoever, upon pain of H.M. highest displeasure. [C.O. 218, 1. pp. 417–448.]”

‘America and West Indies: June 1719, 16-30’, in Calendar of State Papers Colonial, America and West Indies: Volume 31, 1719-1720, ed. Cecil Headlam (London, 1933), pp. 123-146. British History Online [accessed 30 December 2020]. https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol31/pp123-146

“As Near as May Be Agreeable to the Laws of this Kingdom”: Legal Birthright and Legal Baggage at Chebucto, 1749

“The new governor’s commission gave him power to establish the accepted institutions of civil government: a council, a legislative assembly, courts, and a judiciary. It accorded him the power of the civil executive to defend the colony, exercize the king’s prerogative of mercy, administer public funds, make grants and assurances of lands, and establish fairs and markets. Most significantly, Cornwallis’ commission, tested 6 May 1749, gave authority to the governor “with the advice and consent of our said Council and Assembly or the Major part of them respectively . . .” in Nova Scotia

to make, constitute and ordain Laws, Statutes & Ordinances for the Publick peace, welfare & good government of our said province and of the people and inhabitants thereof and such others as shall resort thereto & for the benefit of us our heirs & Successors, which said Laws, Statutes and Ordinances are not to be repugnant but as near as may be agreeable to the Laws and Statutes of this our Kingdom of Great Britain.

The last clause, as to non-repugnancy and agreeableness to the laws of England, had a long history behind it. And it was a history that included the province of Acadia for three decades before Cornwallis and his colonists arrived at Chebucto. After seven years of essentially military rule following the capture of Port Royal in 1710-under those two rigorous warriors, Samuel Vetch and Francis Nicholson, who took the fort-British Acadia came under the governorship of Col. Richard Philipps in 1717. And there it remained for thirty-two years of increasing neglect and, after the first four years, the continuous absence of the governor.

The Board of Trade was hardly less soporific with respect to the province. In 1719 it finally got around to issuing instructions to Philipps that hinted at the creation of a regular civil government on what was the already accepted pattern for Britain’s colonies, with a legislative assembly to make laws, but directed him in the meantime to follow the 1715 instructions to the Earl of Orkney as governor of Virginia. Clause 62 of the Virginia instructions read:

You are to take Care that no Man’s Life Member freehold or Goods be taken away or harm’d in our said Colony otherwise than by establish’d and known Laws, not repugnant but as near as may be agreeable to the Laws of this Kingdom.

Virtually the same provision had been contained in the January 1682 instructions to Gov. Thomas Lord Culpepper of Virginia.

The non-repugnance and agreeableness clause in colonial enabling instruments originated in the 1632 charter to Lord Baltimore for Maryland, which directed that the laws made by colonial legislative authority were to be “inviolably observed” under penalties,

So, nevertheless, that the Laws aforesaid be consonant to Reason, and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the Laws, Statutes, Customs, and Rights of this Our Kingdom of England.

In this point, so close are the instructions to Cornwallis to the provisions in the 1632 Maryland charter, it is reasonable to suppose that, if the latter was not the immediate parent of the former, it was the remote ancestor.”

Thomas Garden Barnes, “As Near as May Be Agreeable to the Laws of this Kingdom”: Legal Birthright and Legal Baggage at Chebucto, 1749” (1984) 8:3 DLJ 1. https://digitalcommons.schulichlaw.dal.ca/dlj/vol8/iss3/1/

Journals of the Board of Trade and Plantations; relating to the French inhabitants at Nova Scotia

Letter from Lord Townshend &c. about the French inhabitants there.
Colonel Vetch summon’d.
Letter from the Lord Viscount Townshend, of the 15th instant [fo. 346], with a copy of one from Monsieur de Ponchartrain to Monsieur D’Iberville, relating to the French inhabitants at Nova Scotia, was read; and thereupon order’d that Colonel Vetch [fo. 336], have notice to attend the Board on Thursday morning next.

Colonel Vetch &c. thoughts on inhabitants removing from Nova Scotia to Cape Briton.

Colonel Vetch, Mr. Cumings and Mr. Smith attending [fo. 334, 338], their lordships communicated to them the copy of a letter from Monsieur de Ponchartrain to Monsieur D’Iberville, relating to the removing the inhabitants from Nova Scotia to Cape Briton (mention’d in the minutes of the 16th instant); whereupon Colonel Vetch said that the settlement of Cape Britton is incouraged by the French King as much as possible; that he has given the people that will settle there 18 months’ provisions and salt gratis, and has lent them some ships and sloops for carrying on the fishery at his own charge; that they have begun to build two fortifications, in the first of which there are four companys of regular troops, in the other three; that when two French officers were sent to Nova Scotia, they assembled the inhabitants there, and proposed to them to remove with their effects to Cape Briton, and threatn’d them that, in case they did not, the King would look upon them as rebells, and they should be treated accordingly. Whereupon all but one family signed an instrument promising to go thither; that there are about 500 families in Nova Scotia, computed at five persons to a family; that those inhabitants, by having lived many years there, and by their inter-marriages with the Indians, and being accustomed to their way of living, are of greater consequence to the French, if settled at Cape Britton, than any people can be, that are sent from Europe; that there are no English at Nova Scotia, but what belongs to the garrison.
Mr. Cumings then said that he was lately come from Placentia; that upon the surrender of that place there were about 150 families, but that they had been obliged (upon the same threats as abovementioned at Nova Scotia) to go to Cape Britton, so that there now remains about 15 or 16 families there; that there were three or four companies of foot at Placentia, which were sent to Cape Britton, as were likewise others from

Queries deliver’d for their answer.
After some further discourse with those gentlemen upon this subject [fo. 336, 347], their lordships agreed upon several queries, and delivered the same to them for their particular answers in writing, and desired them to add whatever else might occur to them in relation thereto.
The said queries are as follows:—
How many French families are there in Nova Scotia?
How many will remove to Cape Britton?
How many French families are there on Cape Britton? How are they settled, and what incouragement does the French King give them?
What is the consequence of the French removing from Nova Scotia or Newfoundland to Cape Britton?
What fortifications are there at Cape Britton, and how many regular troops?
What number of French is there on Newfoundland, and how many families will remain?
When did the French families desire to remove from Nova Scotia or Newfoundland, and when did they begin to do it, and to convey away their moveable effects?
What quantity of cattle will they carry away, if they have leave? and what will be the consequence thereof?
What will be the consequence of permitting the French at Nova Scotia and Newfoundland to sell their lands, houses, beaches, stages, &c.?
What quantity of fish did the French take at Cape Britton, and parts adjacent, this year?

 

“Journal, November 1714: Journal Book Q.” Journals of the Board of Trade and Plantations: Volume 2, February 1709 – March 1715. Ed. E G Atkinson. London: His Majesty’s Stationery Office, 1925. 571-575. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/jrnl-trade-plantations/vol2/pp571-575.

“as much a part of Nova Scotia, as Cornhill is of England”

“The French King has found a way to seperate the following places from Nova Scotia, pretending they do not belong to it, tho they are as much a part of Nova Scotia, as Cornhill is of England. Cleues que, K. Kosaryes, R. grande, P. Danuel, in Nova Scotia, by the river Canada, which is the only part of Nova Scotia where any fish is to be caught, this he has granted a patent for, as also for the Isle of Sable.”

The ancient boundaries of Nova Scotia, seen here in this map from 1758. https://collections.mun.ca/digital/collection/maps/id/27/

“America and West Indies: Miscellaneous, 1715.” Calendar of State Papers Colonial, America and West Indies: Volume 28, 1714-1715. Ed. Cecil Headlam. London: His Majesty’s Stationery Office, 1928. 360-361. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol28/pp360-361.

Council of Trade and Plantations to Committee of Privy Council, Representation upon petition of Mrs. Campbell; considerations relating to the security of the British Colonies in America

367. Council of Trade and Plantations to Committee of Privy Council.

Representation upon petition of Mrs. Campbell. Continue:

We have discoursed hereupon with Coll. Philips, H.M. Governour of Nova Scotia, and likewise with Mrs. Campbell the petitioner, who hath laid before us several papers and affidavits relating to her title to the aforesaid lands and quit rents in Nova Scotia, from whence it appears, That in 1631 the Most Christian King Lewis XIII gave the Government of Nova Scotia or Accadie to Monsieur Charles de St. Estienne, Sieur de la Tour, grandfather to the petitioner, who had Letters Patents granted to him thereupon. What the particulars contained in the said Letters Patent were, does not appear, because no copies of them have been produced to us, but upon the death of Lewis XIII, his son Lewis XIV etc. having been informed of the progress and improvements made in Accadie by the said Sieur de la Tour was pleased by new Letters Patents bearing date February 25th, 1651, to confirm him in the post of Governour and Lieutenant General of Accadie or New France and likewise in the full and free possession of all the lands which had been before granted to him in that Province with full power to dispose of them to whom and in such proportions as he should think proper ; as appears by a printed copy of the said Patent which refers to the former of 1631, and for want of that former Patent it cannot be ascertained whether the whole Province or what part thereof was granted to the said de la Tour. It would seem that the second Patent of 1651 was issued by way of confirmation of La Tour’s title just after he had been acquitted of certain charges alledged against him ; for the petitioner hath produced to us a decree made for that purpose by the Masters of Requests in the French King’s Court and Chancery bearing date the ninth day of February of the same year 1651, and in this decree mention is likewise made of a former Commission granted to the Sieur de la Tour dated Feb. 8th, 1631, constituting him Lieutenant General for the French King in the said Province of Accadie, Fort St. John, Port de la Tour, and the places dependant upon them. This decree was confirmed by the French King’s Order in Council dated the 26th of the same month, and the said Sieur de Tour was thereby absolved from all accusations which had been preferred against him for treason or maladministration in his government of Accadie and reinstated and maintained in the full possession and enjoyment of all the lands which had been acquired by him or in his name in the said territory of Accadie or New France. Under the authority of these Letters Patents and of the decree of the Masters of Requests and Chancery confirmed by the French King’s Order in Council Mrs. Campbell alledges that the said De la Tour, her grandfather, for the good of the State and for the encouragement of those who desired to settle in this new colony, as well as in conformity to the intention of the King his master, distributed part of the lands he had acquired in the Province under his government at a very low rate to the new inhabitants, upon certain conditions or Articles made with them in his own name or in the names of his attornies or agents, which contracts were either plundered and taken away from the Petitioner, or burned in the last descent and invasion of the Indians in Nova Scotia, in which the Petitioner’s first husband was killed. She supposes however that copies of these contracts might be found in some of the publick offices in Nova Scotia, and that altho’ they should be entirely lost, yet her long possession with the successive and uncontested payments of rents to her, down to the years 1729 and 1730, would be sufficient proofs for the support of her present claim. The aforesaid Charles de St. Estienne de la Tour being dead, the petitioner alledges, that his only son the petitioner’s father succeeded him in all his estates, titles, possessions, honours and privileges, which he continued to enjoy peaceably to the time of his death in the year 1704, leaving several children his heirs who enjoyed his inheritance under the guardianship of their mother until the year 1713, when the Province of Nova Scotia was yielded to Great Britain by the 12th Article of the Treaty of Utrecht. By the 14th Article of that Treaty, it was expressly provided that the subjects of the King of France in Nova Scotia should have liberty to remove themselves within the term of one year to any other place if they should think fit, with all their moveable effects, but that such as should be willing to remain there and be subject to the Kingdom of Great Britain, should enjoy the free exercise of their religion, according to the usage of the Church of Rome, as far as the laws of Great Britain do allow the same. But her late Majesty Queen Anne was pleased by her letter to General Nicholson bearing date the 23rd day of June, 1713, in consideration of the French King’s having at her request released some of his Protestant subjects from the galleys to allow the French inhabitants in Nova Scotia and Newfoundland to hold their lands or dispose of them if they thought fit etc. Letter from Queen to Governor Nicholson quoted. (v. C.S.P. 23rd June, 1713).

Continues :Hereupon soon after the publication of the foregoing letter in Nova Scotia, the several brothers and sisters of the Petitioner’s coheirs of the land and premises in question retired into the neighbouring Provinces under the domination of France, and left the Petitioner who would not abandon her country, sole proprietor in possession of all their lands and rents, under certain conditions agreed upon amongst themselves. The conveyances which were made to the Petitioner upon this occasion have been produced to us and bear date November 9th, 1714. The Petitioner sets forth that notwithstanding the refusal made by the inhabitants of Minis to pay her the rents to which they were engaged by their articles because she durst not go thither to compel them for fear of the Indian savages, by whom she was seized about seven years ago, and run a very great hazard of being massacred, the revenue ariseing to her from thence amounted to 80 or 90 pounds sterling p. annum which she offers to confirm by oath, not being able at present to give better evidence of the value of the income arising from the said rents ; and she likewise further avers that her lands are now set for a 20th part of their real value. To prove her possession and enjoyment of the lands and premises in question, the petitioner produces two orders under the hand of the aforesaid Governor Philipps dated July 5th, 1721, and Sept. 19th, 1722, by which all the inhabitants and landholders are ordered to pay her the rents stipulated in their contracts. She likewise produces a certificate subscribed and sworn to by the Reverend Mr. Robert Cuthbert, sometime minister of Annapolis Royal where the Petitioner resided, as Chaplain to Colonel Philipp’s regiment, who deposes that during his residence at Annapolis he was well acquainted with the Petitioner etc. who was seized and possessed of a large estate of inheritance lying in and about Annapolis Royal in Nova Scotia and was reputed and esteemed both by English and French and other the inhabitants thereabouts to be Lady of the Mannor lands and premises situated as aforesaid and to be legally intitled thereto, and as such received the rents and profits thereof during this deponent’s stay there ; and this deponent saith that he hath been present and several times seen the rents and profits of the premises aforesaid paid to her from the French, and believes that in her own name she gave proper and legal receipts and discharges for the same, and that the said Agatha Campbell held and enjoyed the aforesaid lands and premises without any interruption or molestation and free from any claim or demand whatsoever during this deponent’s residence there. The Petitioner hath likewise produced to us three affidavits of Mary Barton, John Welch and William Tipton, who severally depose that they have lived many years at Annapolis Royal during which time they were well acquainted with the Petitioner etc. and that during their abode in Nova Scotia she was acknowledged sole Lady of the Manour, lands and premises of all the inhabited parts of that Province and that in her own right she received the rents and acknowledgements thereof from the inhabitants enjoying the same without molestation, and that she was a Protestant of the Church of England and greatly beloved by the inhabitants her tenants, as will appear more largely by the said affidavits etc. annexed. Having heard what the petitioner had to alledge in support of her claim, we thought it proper upon this occasion to discourse with Governor Philipps etc., by whom most of the facts alledged by the Petitioner in support of her right have been confirmed, particularly as to the value of the quit rents, and her receipt of them, as the rightful proprietor thereof, and that she would have continued to do so to this day but that a stop was put thereto in 1730 in consequence of H.M. orders upon a representation from the said Colonel Philipps till Mrs. Campbell’s title should be further enquired into and H.M. pleasure be known thereupon.

We have also examined the Histories of this Country and searched the books of our office with respect to the facts alledged by the Petitioner, from whence it appears amongst other things, that in the year 1621 the country of Nova Scotia was granted by King James 1st to Sir William Alexander, afterwards Earl of Sterling, who took possession thereof, drove out the French who had encroached upon it, and planted a colony there. That in the year 1630 the said Sir William Alexander sold his right to Nova Scotia to Monsieur Claude de la Tour, a French Protestant, to be held by him and his successors under the Crown of Scotland. That about the year 1631 King Charles 1st made some sort of concession of the said country to the Crown of France, reserving nevertheless the right of the Proprietor who had before enjoyed it. That in 1633 notwithstanding this lastmentioned concession the said King Charles 1st by Letters Patents bearing date the 11th of May in the same year granted to Sir Lewis Kirk and others full privilege not only of trade and commerce even in the River of Canada, which is to the northward of Nova Scotia, and places on either side adjacent, but also of planting colonies and building forts and bulwarks where they should think fit, but the said Sir Lewis Kirk and partners were molested by the French in the enjoyment and exercise of their privileges. That several years afterwards in the year 1654 Cromwel having then a fleet at New England caused the country of Nova Scotia to be seized, as being antiently a part of the English Dominions to which the French had no just title, and the proprietor of the said country Sir Charles de St. Estienne, son and heir to the fore-mentioned Monsieur de la Tour, coming thereupon into England and making out his title under the aforesaid Earl of Sterling and the Crown of Scotland, his right was allowed of by Cromwell ; whereupon the said St. Estienne, by his deed bearing date the 20th of November 1656 made over all his right and title to Nova Scotia to Sir Thomas Temple and Mr. William Crown ; one or both of them who did accordingly continue to possess and enjoy the same with the profits thence arising until the year 1667 when Nova Scotia was yielded to the French by the Treaty of Breda, and was accordingly delivered to them in 1670 by virtue of an order from King Charles the Second to Sir Thomas Temple, who then resided as Governor upon the place. From this time to the Treaty of Utrecht, when N. Scotia was again surrendered by France to the Crown of Great Britain, our books make no mention of the descendants of the abovementioned Monsieur de la Tour ; but as the Petitioner with her brothers and sisters were found in possession of the lands and quit rents abovementioned, we think it highly reasonable to believe that after the surrender of Nova Scotia to France in 1670, the French King did thereupon restore Monsieur de la Tour, the Petitioner’s father, to the enjoyment of his estate, and it appears to us upon the whole that the Petitioner Mrs. Agatha Campbell is daughter to the last mentioned Monsieur de la Tour and grand-daughter to Monsieur Charles Saint Estienne, Sieur de la Tour, whose right to Nova Scotia was allowed by Cromwell, and that partly by right of inheritance and partly by cession from her relations, she is justly entitled to all the possessions and rents belonging to her said father and grandfather not disposed of by them during their respective lives ; but what those rents and possessions were does not appear to us for want of the first Letters Patent to the Sieur de la Tour in 1631, excepting the quit rents abovementioned of eighty or ninety pounds pr. annum. Whereupon we would take leave to propose that H.M. should be graciously pleased to order a valuable consideration to be paid to the Petitioner for her said quit rents, and also for the extinguishment of her claim to any other part of Nova Scotia ; and in the meantime to issue his Royal Orders to Coll. Philipps, the present Governor of Nova Scotia or to the Commander in Chief there for the time being to give the necessary directions in that Province, that all arrears of rents or quit rents due to the Petitioner from the inhabitants of Nimos or others since the year 1730 or from the time of her receiving the last payments be paid to her the said Agatha Campbell without delay ; and that she be re-instated in the possession of such lands and quit rents as she was possessed of before the late orders for stopping the payment of her rents, and to enjoy them without any let or molestation, until the aforesaid consideration shall be paid. [C.O. 218, 2. pp. 273-292]

370. Some considerations relating to the security of the British Colonies in America. If a war should break out between England and France, it is natural to expect they will attack us where we are weakest, and that is in America. The Leeward Islands may be overrun in a very few days from Guardaloupe or Martinique, etc. Barbados would make but a very poor resistance, having no forces but their own militia, and their fortifications in a very bad condition. Jamaica might possibly be defended by a powerfull sea force against a descent from Hispaniola, but ye French have near 20,000 people in their part of that island, settl’d within ye space of a few years, whereas Jamaica tho’ planted in Oliver Cromwell’s time, and capable of maintaining 200,000 inhabitants by ye last returns from thence had no more than 7,648 white people, including men, women, and children. And is under daily alarms from her runaway negroes. Gives details of numbers of inhabitants : 74,525 slaves etc. Argues that the Leeward Islands being so small are not capable of supporting a sufficient number of inhabitants to defend them against the superior forces of the French in their neighbouring Colonies. There may be between 3 or 4000 in the four islands, but they are dispers’d, and can never be brought together for their common defence : and therefore the Crown has constantly been at the expence of maintaining a regiment of foot there, which has been an expence thrown away to no manner of purpose etc. This Regiment has been so manag’d that ye inhabitants could have expected but very little protection from it, being always vastly deficient in its numbers, and ye few soldiers that were effective, except tradesmen who could earn their own bread, have been almost starv’d for want of subsistance, consequently much fitter for hospital than for service. Proposes that the Colonel should be immediately ordered to his post and to make, in conjunction with the Governor, a return of the strength of the Regiment : that it be forthwith recruited ; and as it is impossible for the common soldiers to subsist there upon their own pay, that the Governor be instructed to recommend to the people to make the same additional provision for them at least, which the Assembly of Jamaica give to their 2 Independent Companies. But this Regiment compleated to its full establishment will be but of little use without a Naval force etc. The loss of these islands, or even the destruction of their sugar works, would be a great detriment to England, and an irreparable damage to the inhabitants, who have not to this day recovered the losses of the last war etc. The Admiralty have a very good harbour at Antegoa, and we should upon the first apprehension of danger, have two ships of war at the least upon this station. The property of the King’s subjects in these islands, including their slaves, stock, coffers and buildings is computed at near three millions sterl. Barbados has of late years given so much money to their Governors that they have not been able to lay out any upon their fortifications, but their charge upon that head is at present considerably diminished and therefore their Governor should be instructed to recommend to them to take care of the necessary repairs for their fortifications and supply of their magazine. For I fear the number of their inhabitants is much lessen’d of late. Upon the least umbrage of a war they should have the same number of ships for their defence which were employ’d on that station during the last war. This will be the more necessary at present, because of the French encroachments at Santa Lucia which lies within sight of Barbados, and of the encrease of the French inhabitants in their neighbourhood. Jamaica has always been deservedly our chief concern, as well upon acct. of its scituation, as of its real value, and if the inhabitants had understood their own interest or had half so much concern for themselves as we have had for them, they would not have been in so bad a condition as they now are. Instead of being a great burthen to us, they might, with good conduct, by this time have been able to stand alone, and have been the terror of the West Indies. But it is too late to look backwards, and some way must be found out effectualy to people this island, or we shall certainly lose it. Our Fleets indeed may do a great deal for the defence of Jamaica ; but it is to be consider’d that the same winds which may bring a force from Hispaniola, may confine our ships in port ; and an Iland upon which we have long valu’d ourselves, be lost, notwithstanding our naval force, in a very few days. It will therefore be highly necessary to send some person of spirit, integrity, and capacity to command this Iland. He should be instructed to send home a full and true state of their condition. How it comes to pass that they are not better peopled? What impediments there are to the settling of the country? and how they may be removed, either by the Legislature of the Iland, or that of Great Britain? for this is too valuable a jewel in the Crown of England, to be lost by the petulance of the inhabitants, or the exorbitant avarice of a few leading men, who have eat up all their poor neighbours and expelled them the Iland. Something in the nature of an Agrarian law must be made for Jamaica if we intend to keep it. No man should be allow’d to hold more land than he can cultivate, and great encouragment should be given to draw inhabitants thither, for England could not lay out money to a better purpose. In the mean while we should allow them as many ships for their defence in case of danger, as they had any time the last war. And we must not wait till we hear the French are going to send ships into the West Indies ; for we may be undone by the land force they have there already etc. Suggests sending, upon the first apprehension of a rupture a strong land force also into the iland, under the command of some experienced officer. The Bahama Ilands in case of a war would lye greatly expos’d to an invasion from the Spanish Colonies at Porto Rico, Hispaniola or Cuba, but especially from the last. The temptation of attacking them will not arise from the plunder, the inhabitants being hitherto very poor, but their scituation is of very great importance, and therefore they will merit a farther land force for their defence, having only one Company there at present. And as they have a good harbour at Providence for 20 gun cruisers, two ships of that size may be station’d here to good purpose, to watch the Spanish plate fleets, and be a cheque upon the navigation of the Gulph of Florida. It were to be wished that these were the only British Dominions in America expos’d to danger ; but it is certain that the French may make themselves masters of Nova Scotia whenever they please. It is easie to perceive from one cast of the eyes upon the map, that this Province is surrounded almost on every side by the French settlements of Cape Briton, L’isle Madam, Anticosta, the river of St. Laurence, and Canada, in all which places, the French are very strong and numerous, especialy at Cape Briton and L’isle Madam etc., but we have hardly one civil inhabitant in the whole province of Nova Scotia, and what is still worse, we have upwards of 3000 French Papists settled in the heart of the countrey, who have remained there ever since the Peace ; and tho’ they have with great difficulty been prevail’d on not long since to take the oaths of allegiance to the King ; there is no doubt that they would readily joyn with their countreymen to recover this Province for the Crown of France etc. Something should be done without loss of time. It may not perhaps be adviseable to ask the assistance of Parlt. yet nothing can be done without expence. Palatines or Saltburgers might certainly be had in Holland, and in my humble opinion they ought to be had. But there is one other way which has formerly been recommended as advantageous to the publick in every respect, and that is to engage the straglers, now settled in Newfoundland, where they do a great deal of harm, to transport themselves to Nova Scotia, where they may be of some use to their Mother Countrey. And as these people are already inur’d to the hardships of these cold climates they would be of more service there than a much larger number from any other place. All reasonable encouragements should therefore be given to them, and indeed to any other people that are dispos’d to settle in Nova Scotia, till that Province shall have acquir’d a reasonable defence. It may likewise be for the King’s service, that Col. Philips should be order’d forthwith to recruit his Regt. to the full establishment, and if the men were allow’d to carry wives with them they might in time do something towards peopling the countrey. But this is only one of those gradual expedients to which many more might be added, but which would not save the present emergency etc. The preservation of this Province, and of the Fishery upon its coast, which is preferable to that of Newfoundland, would always deserve a station ship, and more in time of war, with another regiment. Without date or signature. Endorsed, Oct. 28th, 1733. 5 pp. [C.O. 5, 5. No. 2.]

“America and West Indies: October 1733, 16-31.” Calendar of State Papers Colonial, America and West Indies: Volume 40, 1733. Eds. Cecil Headlam, and Arthur Percival Newton. London: His Majesty’s Stationery Office, 1939. 216-232. British History Online. Web. 2 April 2020. http://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol40/pp216-232.

1750

dartmouth royal instructions 1749

From The Story of Dartmouth, by John P. Martin:

After the Treaty of Utrecht, the first recorded proposal for a settlement on the Dartmouth side from British officials originated with Captain Thomas Coram of London in 1718. One of the districts selected for establishing colonists was “northeast of the harbor of Chebucto”. Massachusetts influence opposed this plan as being detrimental to their fisheries.

As an aside, Martin’s account of Captain Thomas Coram in 1718 and his attempt to establish settlements “northeast of the harbor of Chebucto” isn’t supported by “An historical and statistical account of Nova Scotia” by Thomas Chandler Haliburton, where it is stated that the settlement was instead planned for a location “upon the sea coast, five leagues S.W. and five leagues N.W. of Chebucto”, not on the Dartmouth side. (Five leagues is approximately 28 km). It did make me wonder about the “Bayer’s Lake mystery walls” and whether they are remnants of a such a settlement, made regardless of a lack of authorization from Colonial authorities.

When Hon. Edward Cornwallis set out to settle Halifax in 1749, he carried a complete plan of the harbor, the Basin and the surrounding shores, which had been previously surveyed by British Admiral Durell. The latter’s information about useful places on the eastern side must have been noted, and probably soon inspected by Cornwallis, for he does not lose much time in sending men over to the present Canal stream with the necessary gear to erect the sawmill.

Cornwallis also carried with him royal instructions that called for the founding of two townships “…containing 100,000 acres of land each be marked out at or near our harbor of Chebucto”.

There were about 30 men quartered at the sawmill during the winter of 1749-1750. More were living aboard the “Duke of Bedford” and on an armed sloop, which were anchored in the Cove nearby. It must have been an especially severe season, for the two ships were frozen-in so that ice had to be broken every night to prevent incursions from the shore.

Major Ezekiel Gilman was in charge of the sawmill. This pioneer local industry seems to have been an utter failure. In April 1750 Cornwallis reported to London that the mill had been his “constant plague from the beginning. We have never had one board from it”. This was partly due to Mr. Gilman’s bad management.

On the other hand, the Governor makes more encouraging reports on a second undertaking, presumably carried out on the eastern side of the harbor. In July 1750 he writes that “30,000 bricks have been burnt here which prove very good”.

Brick clay can still be clawed out of the sloping bank along the railway from Tupper Street to the Passage. Mott’s Pottery used tons of it. Until the 1880’s the Wellington brickyard flourished near the Seaplane base at Imperoyal. A record in the New York Public Library says that [Mi’kmaq] before going into battle, used to appear more ferocious by smearing their faces with “that red vermillion found on the east side of Chebucto”.

This clay belt must extend under the surface of downtown Dartmouth, because excavations at 85 Portland Street brought up quantities of plastic mud from the bottom of a 20-foot well, unearthed in the back yard.

The earliest accounts of the colonists destined to become our first citizens have been obtained from the Secretary of the Public Record Office in London. Their 1750 files disclose that the “Alderney” was getting ready to sail for this port from Gravesend on May 25. On July 6, she was reported at Plymouth, having put in there on account of contrary winds.

Evidently then, the pioneer settlers of Dartmouth sailed from the same English port as did the Pilgrim Fathers in 1620.

The actual day that the Alderney reached Halifax harbor is not definitely known. It was not before August 19, and not after the September 3rd, because Governor Cornwallis’ Council met on the latter date to select a location for the new settlers. The sites suggested were at the head of Bedford Basin, at the North West Arm, in the present Woodside-Imperoyal section and near the Saw Mill. The last mentioned was finally chosen. (The dates given are all old style. To conform to the present calendar, eleven days should be added).

The Alderney was a ship of 504 tons and the number of passengers on board totaled 353. No deaths were recorded on the voyage, mostly because immigrant vessels were by that time fitted-up with the newly-invented system of ventilation. The largest vessel among Cornwallis’ transports of 1749 was the “Wilmington” yet she carried only 340 colonists. Stretching space on the Alderney must have been very limited.

As a conjecture, the hold of the Alderney was also jammed with family heirlooms, household utensils, bedding, clothing, perhaps pet dogs, cats and parrots in the midst of seasick youngsters and oldsters inhaling the garlicky atmosphere so characteristic of old-time steerage accommodations. Hence, transatlantic voyages on these lurching and leaning sailing ships weren’t just exactly luxurious.

How our town came to be called Dartmouth is not definitely known. Dartmouth, England, was probably named for the first Earl of Dartmouth, George Legge the celebrated Admiral. He stood in high favor until suspected of treasonable correspondence with James II. Then he was imprisoned in the Tower for three months until his death in 1691.

William Legge, the second Earl of Dartmouth, was Keeper of the Privy Seal, and perhaps held that office in 1750 when he died. The late Harry Piers, who edited Mrs. Lawson’s History, says that our town was doubtless named after this man.

On the other hand, the name may have come from Dartmouth in Devon on the west coast of England. The 1950 guidebook of the latter town informs us that people from that district of the river Dart, migrated to Newfoundland from earliest times, probably to prosecute the fisheries.

Governor Cornwallis’ reports of 1750 indicate that he is anxious to obtain fishermen in order to make his colony self-sustaining. He hoped to have “people from the West of England next year for the fishery. Mr. Holsworth of Dartmouth sent people here this year, they have cleared ground to begin upon the Fishery next year”.

Dartmouth, England, guidebook states that the Holdsworth family occupied the post of Governor of Dartmouth Castle in hereditary succession until 1832. The descendants still live in Devon, according to recent information received from Mr. B. Lavers ex-Mayor of Dartmouth, Devon.

The town plan as laid out in 1750 comprised 11 oblong-shaped blocks, mostly 400 feet long by 200 feet wide. Each building lot was 50 by 100 feet. Reference to the cut shows that all the streets running north and south, lead to the Point, which is the front part of the settlement. The northern boundary seems to be the present line of North Street. The southern boundary is the present Green Street (once between Portland Street and Front Street), if it were produced through to Commercial St (present Alderney Drive). All the area from that line to the Point would be the 10 acre grant of Benjamin Green.

The eastern boundary is at Dundas Street, and from there the present Queen Street extends through the middle of the plot to Commercial St. But Portland and Ochterloney Streets come to an end at King Street. (No street names appear on first plan).

From that point all the way to Eastern Passage, larger areas ranging from 60 to over 200 acres, and fronting on the shore, were granted to people prominent among Cornwallis’ settlers. Adjoining Davison’s was that of Samuel Blackden (or Blagdon); next was John Salisbury at Hazelhurst shore, then Charles Lawrence in the Department of Transport vicinity; William Steele, Richard Bulkeley, Byron Finucane, Joseph Gerrish, Jacob Hurd, Charles Morris, Leonard Lockman, Rev. Aaron Cleveland, Rev. Mr. Tutty and others.

Settlement previous to 1749

census 1688

From The Story of Dartmouth, by John P. Martin:

Dartmouth, long before the European explorers and colonizing forces, had a 7,000 year history of occupation by the [Mi’kmaq]. The [Mi’kmaq] annual cycle of seasonal movement; living in dispersed interior camps during the winter, and larger coastal communities during the summer; meant there were no permanent communities in the Euro-centric sense, but Dartmouth was clearly a place frequented by [Mi’kmaq] for a very long time. Whether it was the Springtime smelt spawning in March; the harvesting of spawning herring, gathering eggs and hunting geese in April; the Summer months when the sea provided cod and shellfish, and coastal breezes that provided relief from irritants like blackflies and mosquitos, or during the autumn and its eel season; Dartmouth with its lakes and rivers, both breadbasket and transport route back and forth to the interior, was a natural place for the [Mi’kmaq] to spend their non-winter months.

A fascinating look into what Nova Scotia and Atlantic Canada could’ve looked like, from the end of the ice age at 19,000 BCE, until present. By 12,000 BCE, this model shows Cape Cod extending much further into the ocean than it does at present, along what is now Brown’s bank, a ridge which more or less stretches all the way to Sable Island along the continental shelf. A sea level 300 feet lower than it is today was enough to create a kind of land bridge to the parts of western and central Nova Scotia no longer under ice, the Bay of Fundy looking like it was an inshore repository for glacial meltwater until sea levels rose. This could’ve allowed for human exploration and settlement in what is now known as Nova Scotia previous to the retreat of the ice sheet in full.

By 10,000 BCE most of the ice had retreated, which squares with the earliest artifacts found in the area, such as at Debert, which date to the same general period, if not previous to that. That sea levels had risen one hundred feet in this two thousand year period might be instructive as to why artifacts are few and far between from this period, many of the settlements, if coastal, would have long ago been lost to the sea. Assuming the artifacts found (at Debert and Belmont) were not from nomadic hunters, and that this model is somewhat accurate, Nova Scotia could have been settled for 10,000 years or more.

Source: https://web.archive.org/web/20210807155606/https://sos.noaa.gov/catalog/datasets/blue-marble-sea-level-ice-and-vegetation-changes-19000bc-10000ad/, https://web.archive.org/web/20130219202242/https://sos.noaa.gov/Docs/bluemarble3000h.kmz

A census of the district of Acadia taken in 1687-1688 attributed to de Gargas shows Chebucto had 1 French family consisting of a man, wife and son; that there were 7 Mi’kmaw men, 7 Mi’kmaw women and 19 Mi’kmaw children, “36 souls” in total. 1 French house, 7 Mi’kmaw homes, 3 guns, 1/2 acre of improved land.

census 1688
Source: https://dalspace.library.dal.ca/bitstream/handle/10222/15754/MS-6-13A1_DeGargas_Census.pdf?sequence=1
carteacadie6 map
“Chibouctou: https://cityofdartmouth.ca/carte-particuliere-de-la-coste-daccadie/
Source: “Recensements d’Acadie (1671-1752)”, (info), http://139.103.17.56/cea/livres/doc.cfm?livre=recensements, http://139.103.17.56/cea/livres/doc.cfm?retour=R0231&ident=R0040

The St. Malo fishermen who were located at Sambro and at Prospect in the days of French ownership, must often have run to the inner harbor either to dry fish on our long beaches, or to barter furs with the natives who were always their allies. On the Dartmouth side of the harbor, geographical conditions were far more favorable for congregating, with three voluminous streams of never-failing fresh water flowing down to the estuaries of the two little bays, both later known as Mill Cove.

Besides that, there was an abundance of shell fish available at low tide, along with lobsters, crabs, sea-trout, salmon, halibut, codfish, and haddock, with the usual runs of herring and mackerel in warm weather. The woods teemed with wild life. Partridge roosted on trees, moose and deer roamed the forest, and wedges of wild fowl honked high overhead.

The evidence already submitted that the [Mi’kmaq] resorted to the Cove, is borne out by the description of Cobequid (Truro district) by Paul Mascarene about 1721, where he states that “there is communication by a river from Cobequid to Chebucto”. This Implies that the Shubenacadie route had long been in use. Engineer Cowie, after studying several harbor sites for Ocean Terminals a hundred years ago was of the opinion that Chebucto had been used as a trading post over a century before its permanent settlement.

In 1701, when M. Brouillan the newly appointed French Governor, came here from Newfoundland to rule Acadia, he went overland from Chebucto to Port Royal. This is in Murdoch’s History. Dr. Thomas H. Raddall, in his bicentennial story of Halifax, thinks that on this occasion, [Mi’kmaq] transported the Governor by the well-known canoe route of Dartmouth Lakes. (One can’t imagine a viceregal party trudging over a rough black-flied trail from Bedford to Windsor, or portaging through the shallow rivers of that section of country).

One of the early sketches of Dartmouth side is preserved at the N.S. Archives. It is a detailed drawing of the whole shore and harbor, showing the depth of water from the Eastern Passage to the head of the Basin, done by the French military engineer De Labat in 1711.

The indentations of the various inlets seem quite accurate. The soundings must have occupied a full summer, and the work was no doubt done from small boats; otherwise his large vessel would have butted such shoals as Shipyard Point and the one off shore at Queen Street.

dartmouth map

Not sure whether this is the 1711 map Martin attributes to De Labat but it is detailed, especially as it relates to the Dartmouth Cove, and it contains a number of soundings as he describes. From: “Plan de la rivière de Seine et en langage accadien Chibouquetou” http://gallica.bnf.fr/ark:/12148/btv1b53089940v/f1.item.r=halifax.zoom

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