“American history: comprising historical sketches of the [indigenous] tribes”

“The [Mi’kmaq], first called by the French Souriqu’ois, held possession of Nova Scotia and the adjacent isles, and were early known as the active allies of the French.

Marquis de la Roche
In 1598, the Marquis de la Roche, a French nobleman, received from the King of France a commission for founding a French colony in America. Having equipped several vessels, he sailed with a considerable number of settlers, most of whom, however, he was obliged to draw from the prisons of Paris. On Sable island, a barren spot near the coast of Nova Scotia, forty men were left to form a settlement.

La Roche dying soon after his return, the colonists Fate were neglected; and when, after seven years, a vessel was sent to inquire after them, only twelve of them were living. The dungeons from which they had been liberated were preferable to the hardships which they had suffered. The emaciated exiles were carried back to France, where they were kindly received by the king, who pardoned their crimes, and made them a liberal donation.

De Monts
In 1603, the king of France granted to De Monts, a gentleman of distinction, the sovereignty of the country from the 40th to the 46th degree of north latitude; that is, from one degree south of New York city, to one north of Montreal. Sailing with two vessels, in the spring of 1604, he arrived at Nova Scotia in May, and spent the summer in trafficking with the natives, and examining the coasts preparatory to a settlement.

Selecting an island near the mouth of the river St. Croix, on the coast of New Brunswick, he there erected a fort and passed a rigorous winter, his men suffering much from the want of suitable provisions. ‘In the following spring, 1605, De Monts removed to a place on the Bay of Fundy; and here was formed the first permanent French settlement in America. The settlement was named Port Royal, and the whole country, embracing the present New Brunswick, Nova Scotia, and the adjacent islands, was called Acadia.

North and South Virginia
In 1606 James the 1st, of England, claiming all that portion of North America which lies between the 34th and the 45th degrees of north latitude, embracing the country from Cape Fear to Halifax, divided this territory into two nearly equal districts; the one, called North Virginia, extending from the 41st to the 45th degree; and the other, called South Virginia, from the 34th to the 38th.

The former he granted to a company of “Knights, gentlemen, and merchants,” of the west of England, called the Plymouth Company; and the latter to a company of “noblemen, gentlemen, and merchants,” mostly resident in London, and called the London Company. The intermediate district, from the 38th to the 41st degree, was open to both companies; but neither was to form a settlement within one hundred miles of the other.


…Early in the following year, 1690, Schenectady was burned; the settlement at Salmon Falls, on the Piscataqua, was destroyed; and a successful attack was made on the fort and settlement at Casco Bay. In anticipation of the inroads of the French, Massachusetts had hastily fitted out an expedition, under Sir William Phipps, against Nova Scotia, which resulted in the easy conquest of Port Royal.

Early in 1692 Sir William Phipps returned with a new charter, which vested the appointment of governor in the king, and united Plymouth, Massachusetts, Maine, and Nova Scotia, in one royal government. Plymouth lost her separate government contrary to her wishes; while New Hampshire, which had recently placed herself under the protection of Massachusetts, was now forcibly severed from her.

In 1707 Massachusetts attempted the reduction of Port Royal; and a fleet conveying one thousand soldiers was sent against the place; but the assailants were twice obliged to raise the siege with considerable loss. Not disheartened by the repulse, Massachusetts spent two years more in preparation, and aided by a fleet from England, in 1710 again demanded the surrender of Port Royal. The garrison, weak and dispirited, capitulated after a brief resistance; the name of the place was changed to Annapolis, in honor of Queen Anne; and Acadia, or Nova Scotia, was permanently annexed to the British crown.

The most important event of (King George’s War) in America, was the siege and capture of Louisburg. This place, situated on the island of Cape Breton, had been fortified by France at great expense, and was regarded by her as the key to her American possessions, William Shirley the governor of Massachusetts, perceiving the importance of the place, and the danger to which its possession by the French subjected the British province of Nova Scotia, laid before the legislature of the colony a plan for its capture. Although Strong objections wore urged, the govenor’s proposals were assented to; Connecticut, Rhode Island, and New Hampshire, furnished their quotas of men; New York sent a supply of artillery, and Pennsylvania of provisions. Commodore Warren, then in the West Indies with an English fleet, was invited to co-operate in the enterprise, but he declined doing so without orders from England. This unexpected intelligence was kept a secret, and in April, 1745, the New England forces alone, under William Pepperell, commander-in-chief, and Roger Wolcott, second in command, sailed for Louisburg.

At Causcau they were unexpectedly met by the fleet of Commodore Warren, who had recently received orders to repair to Boston, and concert measures with Governor Shirley for his majesty’s service in North America. On the 11th of May the combined forces, numbering more than 4000 land troops, came in sight of Louisburg, and effected a landing at Gabarus Bay, which was the first intimation the French had of their danger. On the day after the landing a detachment of four hundred men marched by the city and approached the royal battery, setting fire to the houses and stores on the way. The French, imagining that the whole army was coming upon them, spiked the guns and abandoned the battery, which was immediately seized by the New England troops. Its guns were then turned upon the town, and against the island battery at the entrance of the harbor.

As it was necessary to transport the guns over a morass, where oxen and horses could not be used, they were placed on sledges constructed for the purpose, and the men with ropes, sinking to their knees in the mud, drew them safely over. Trenches were then thrown up within two hundred yards of the city,—a battery was erected on the opposite side of the harbor, at the Light House Point and the fleet of Warren captured a French gunship, with five hundred and sixty men, and a great quantity of military stores designed for the supply of the garrison. A combined attack by sea and land was planned for the 29th of June, but, on the day previous, the city, fort, and batteries, and the whole island, were surrendered. This was the most important acquisition which England made during the war, and, for its recovery, and the desolation of the English colonies, a powerful naval armament under the Duke d’Anville was sent out by France in the following year. But storms, shipwrecks, and disease, enfeebled the fleet, and blasted the hopes of the enemy.

In 1748 the war was terminated by the treaty of Aix la Chapelle. The result proved that neither party had gained any thing by the contest; for all acquisitions made by either were mutually restored. But the causes of a future and more important war still remained in the disputes about boundaries, which were left unsettled; and the “French and Indian War” soon followed, which was the last struggle of the French for dominion in America.

Expeditions of Monckton, Braddock, Shirley, and Sir William Johnson.
Early in 1755, General Braddock arrived from Ireland, with two regiments of British troops, and with the authority of commander-in-chief of the British and colonial forces. At a convention of the colonial governors, assembled at his request in Virginia, three expeditions were resolved upon; one against the French at Fort du Quesne, to be led by General Braddock himself; a second against Niagara, and a third against Crown Point, a French post on the western shore of Lake Champlain.

While preparations were making for these expeditions, an enterprise, that had been previously determined undertaken. upon, was prosecuted with success in another quarter. About the last of May, Colonel Monckton sailed from Boston, with three thousand troops, against the French settlements at the head of the Bay of Fundy, which were considered as encroachments upon the English province of Nova Scotia. Landing at Fort Lawrence, on the eastern shore of Chignecto, a branch of the Bay of Fundy, a French block-house was carried by assault, and Fort Beausejour surrendered, after an investment of four days. The name of the fort was then changed to Cumberland. Fort Gaspereau, on Bay Verte, or Green Bay, was next taken; and the forts on the New Brunswick coast were abandoned. In accordance with the views of the governor of Nova Scotia, the plantations of the French settlers were laid waste; and several thousands of the hapless fugitives, ardently attached to their mother country, and refusing to take the oath of allegiance to Great Britain, were driven on board the British shipping, at the point of the bayonet, and dispersed, in poverty, through the English colonies.


Nova Scotia, according to its present limits, forms a large peninsula, separated from the continent by the Bay of Fundy, and its branch Chignecto, and connected with it by a narrow isthmus between the latter bay and the Gulf of St. Lawrence. The peninsula is about 385 miles in length from northeast to southwest, and contains an area of nearly sixteen thousand square miles. The surface of the country is broken, and the Atlantic coast is generally barren, but some portions of the interior are fertile.

The settlement of Port Royal, (now Annapolis) by De Monts, in 1605, and also the conquest of the country by Argall, in 1614, have already been mentioned. France made no complaint of Argall’s aggression, beyond demanding the restoration of the prisoners, nor did Britain take any immediate measures for retaining her conquests. But in 1621 Sir William Alexander, afterwards Earl of Stirling, obtained from the king, James I, a grant of Nova Scotia and the adjacent islands, and in 1625 the patent was renewed by Charles I., and extended so as to embrace all Canada, and the northern portions of the United States. In 1623 a vessel was despatched with settlers, but they found the whole country in the possession of the French, and were obliged to return to England without effecting a settlement.

In 1628, during a war with France, Sir David Kirk, who had been sent out by Alexander, succeeded in reducing Nova Scotia, and in the following year he completed the conquest of Canada, but the whole country was restored by treaty in 1632.

The French court now divided Nova Scotia among three individuals, La Tour, Denys, and Razillai, and appointed Razillai commander-in-chief of the country. The latter was succeeded by Charnise, between whom and La Tour a deadly feud arose, and violent hostilities were for some time carried on between the rivals. At length, Charnise dying, the controversy was for a time settled by La Tour’s marrying the widow of his deadly enemy, but soon after La Borgne appeared, a creditor of Charnise, and with an armed force endeavored to crush at once Denys and La Tour. But after having subdued several important places, and while preparing to attack St. John, a more formidable competitor presented himself.

Cromwell, having assumed the reins of power in England, declared war against France, and, in 1654, despatched an expedition against Nova Scotia, which soon succeeded in reducing the rival parties, and the whole country submitted to his authority. La Tour, accommodating himself to circumstances, and making his submission to the English, obtained, in conjunction with Sir Thomas Temple, a grant of the greater part of the country. Sir Thomas bought up the share of La Tour, spent nearly 30,000 dollars in fortifications, and greatly improved the commerce of the country; but all his prospects were blasted by the treaty of Breda in 1667, by which Nova Scotia was again ceded to France

The French now resumed possession of the colony, which as yet contained only a few unpromising settlements, the whole population in 1680 not exceeding nine hundred individuals. The fisheries, the only productive branch of business, were carried on by the English. There were but few forts, and these so weak that two of them were taken and plundered by a small piratical vessel. In this situation, after the breaking out of the war with France in 1689, Acadia appeared an easy conquest. The achievement was assigned to Massachusetts, In May, 1690, Sir William Phipps, with 700 men, appeared before Port Royal, which soon surrendered; but he merely dismantled the fortress, and then left the country a prey to pirates. A French commander arriving in November of the following year, the country was reconquered, simply by pulling down the English and hoisting the French flag.

Soon after, the Bostonians, aroused by the depredations of the French and [indigenous] on the frontiers, sent a body of 500 men, who soon regained the whole country, with the exception of one fort on the river St. John. Acadia now remained in possession of the English until the treaty of Ryswick in 1697, when it was again restored to France.

It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty.

The peace of 1697 was speedily succeeded by a declaration of war against France and Spain in 1702. It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty. The first expedition, despatched in 1704, met with little resistance, but did little more than ravage the country. In 1707 a force of 1000 soldiers was sent against Port-Royal, but the French commandant conducted the defence of the place with so much ability, that the assailants were obliged to retire with considerable loss. In 1710 a much larger force, under the command of General Nicholson, appeared before Port Royal, but the French commandant, having but a feeble garrison, and declining to attempt a resistance, obtained an honorable capitulation. Port Royal was now named Annapolis. From this period Nova Scotia has been permanently annexed to the British crown.

The [Mi’kmaq] of Nova Scotia, who were warmly attached to the French, were greatly astonished on being informed that they had become the subjects of Great Britain. Determined, however, on preserving their independence, they carried on a long and vigorous war against the English. In 1720 they plundered a large establishment at Canseau, carrying off fish and merchandise to the amount of 10,000 dollars; and in 1723 they captured at the same place, seventeen sail of vessels, with numerous prisoners, nine of whom they deliberately and cruelly put to death.

As the [Mi’kmaq] still continued hostile, the British inhabitants of Nova Scotia were obliged to solicit aid from Massachusetts, and in 1728 that province sent a body of troops against the principal village of the Norridgewocks, on the Kennebec. ‘The enemy were surprised, and defeated with great slaughter, and among the slain was Father Ralle, their missionary, a man of considerable literary attainments, who had resided among the [Mi’kmaq] forty years. By this severe stroke the [Mi’kmaq] were overawed, and for many years did not again disturb the tranquility of the English settlements.

In 1744 war broke out anew between England and France. The French governor of Cape Breton immediately attempted the reduction of Nova Scotia, took Canseau, and twice laid siege to Annapolis, but without effect. The English, on the other hand, succeeded in capturing Louisburg, the Gibraltar of America, but when peace was concluded, by the treaty of Aix la Chapelle, in 1748, the island of Cape Breton was restored to France.

After the treaty, Great Britain began to pay more attention to Nova Scotia, which had hitherto been settled relation almost exclusively by the French, who, upon every rupture between the two countries, were accused of violating their neutrality. In order to introduce a greater proportion of English settlers, it was now proposed to colonize there a large number of the soldiers who had been discharged in consequence of the disbanding of the army, and in the latter part of June, 1749, a company of nearly 4000 adventurers of this class was added to the population of the colony.

To every private was given fifty acres of land, with ten additional acres for each member of his family. A higher allowance was granted to officers, till it amounted to six hundred acres for every person above the degree of captain, with proportionable allowances for the number and increase of every family. The settlers were to be conveyed free of expense, to be furnished with arms and ammunition, and with materials and utensils for clearing their lands and erecting habitations, and to be maintained twelve months after their arrival, at the expense of the government.

The emigrants having been landed at Chebucto harbor, under the charge of the Honorable Edward Cornwallis, whom the king had appointed their governor, they immediately commenced the building of a town, on a regular plan, to which the name of Halifax was given, in honor of the nobleman who had the greatest share in funding the colony. The place selected for the settlement possessed a cold, sterile and rocky soil, yet it was preferred to Annapolis, as it was considered more favorable for trade and fishery, and it likewise possessed one of the finest harbors in America. “Of so great importance to England was the colony deemed, that Parliament” continued to make annual grants for it, which, in 1755, had amounted to the enormous sum of nearly two millions of dollars.

But although the English settlers were thus firmly established, they soon found themselves unpleasantly situated. The limits of Nova Scotia had never been defined, by the treaties between France and England, with sufficient clearness to prevent disputes about boundaries, and each party was now striving to obtain possession of a territory claimed by the other. The government of France contended that the British dominion, according to the treaty which ceded Nova Scotia, extended only over the present peninsula of the same name; while, according to the English, it extended over all that large tract of country formerly known as Acadia, including the present province of New Brunswick. Admitting the English claim, France would be deprived of a portion of territory of great value to her, materially affecting her control over the River and Gulf of St. Lawrence, and greatly endangering the security of her Canadian possessions.

When, therefore, the English government showed a disposition effectually to colonize the country, the French settlers began to be alarmed; and though they did not think proper to make an open avowal of their jealousy, they employed their emissaries in exciting the [Mi’kmaq] to hostilities in the hope of effectually preventing the English from extending their plantations, and, perhaps, of inducing them to abandon their settlements entirely. The [Mi’kmaq] even made attacks upon Halifax, and the colonists could not move into the adjoining woods, singly or in small parties, without danger of being shot and scalped, or taken prisoners.

In support of the French claims, the governor of Canada sent detachments, which, aided by strong bodies of [Mi’kmaq] and a few French Acadians, erected the fort of Beau Sejour on the neck of the peninsula of Nova Scotia, and another on the river St. John, on pretence that these places were within the government of Canada. Encouraged by these demonstrations, the French inhabitants around the bay of Chignecto rose in open rebellion against the English government, and in the spring of 1750 the governor of Nova Scotia sent Major Lawrence with a few men to reduce them to obedience. At his approach, the French abandoned their dwellings, and placed themselves under the protection of the commandant of Fort Beau Sejour, when Lawrence, finding the enemy too strong for him, was obliged to retire without accomplishing his object.

Soon after, Major Lawrence was again detached with 1000 men, but after driving in the outposts of the enemy, he was a second time obliged to retire. To keep the French in check, however, the English built a fort on the neck of the peninsula, which, in honor of its founder, .was called Fort Lawrence.Still the depredations of the [Mi’kmaq] continued, the French erected additional forts in the disputed territory, and vessels of war, with troops and military stores, were sent to Canada and Cape Breton, until the forces in both these places became a source of great alarm to the English.

At length, in 1755, Admiral Boscawen commenced the war, which had long been anticipated by both parties, by capturing on the coast of Newfoundland two French vessels, having on board eight companies of soldiers and about 35,000 dollars in specie. Hostilities having thus begun, a force was immediately fitted out from New England, under Lieutenant Colonels Monckton and Winslow, to dislodge the enemy from their newly erected forts. The troops embarked at Boston on the 20th of May, and arrived at Annapolis on the 25th, whence they sailed on the 1st of June, in a fleet of forty-one vessels to Chignecto, and anchored about five miles from Fort Lawrence.

On their arrival at the river Massaguash, they found themselves opposed by a large number of regular forces, rebel Acadians, and [Mi’kmaq], 450 of whom occupied a block-house, while the remainder were posted within a strong outwork of timber. The latter were attacked by the English provincials with such spirit that they soon fled, when the garrison deserted the block-house, and left the passage of the river free. Thence Colonel Monckton advanced against Fort Beau Sejour, which he invested on the 12th of June, and after four days bombardment compelled it to surrender.

Having garrisoned the place, and changed its name to that of Cumberland, he next attacked and reduced another French fort near the mouth of the river Gaspereau, at the head of Bay Verte or Green Bay, where he found a large quantity of provisions and stores, which had been collected for the use of the [Mi’kmaq] and Acadians. A squadron sent against the post on the St. John, found it abandoned and destroyed. The success of the expedition secured the tranquility of all French Acadia, then claimed by the English under the name of Nova Scotia.

The peculiar situation of the Acadians, however, was a subject of great embarrassment to the local government of the province. In Europe, the war had begun unfavorably to the English, while General Braddock, sent with a large force to invade Canada, had been defeated with the loss of nearly his whole army. Powerful reenforcements had been sent by the French to Louisburg and other posts in America, and serious apprehensions were entertained that the enemy would next invade Nova Scotia, where they would find a friendly population, both European and [Mi’kmaq].

The French Acadians at that period amounted to Seventeen or eighteen thousand. They had cultivated a considerable extent of land, possessed about 60,000 head of cattle, had neat and comfortable dwellings, and lived in a state of plenty, but of great simplicity. They were a peaceful, industrious, and amiable race, governed mostly by their pastors, who exercised a parental authority over them; they cherished a deep attachment to their native country, they had resisted every invitation to bear arms against it, and had invariably refused to take the oath of allegiance to Great Britain. Although the great body of these people remained tranquilly occupied in the cultivation of their lands, yet a few individuals had joined the [Mi’kmaq], and about 300 were taken in the forts, in open rebellion against the government of the country.

Under these circumstances, Governor Lawrence and his council, aided by Admirals Boscawen and Mostyn, assembled to consider what disposal of the Acadians the security of the country required. Their decision resulted in the determination to tear the whole of this people from their homes, and disperse them through the different British colonies, where they would be unable to unite in any offensive measures, and where they might in time be-come naturalized to the government. Their lands, houses, and cattle, were, without any alleged crime, declared to be forfeited; and they were allowed to carry with them only their money and household furniture, both of extremely small amount.

Treachery was necessary to render this tyrannical scheme effective. The inhabitants of each district were commanded to meet at a certain place and day on urgent business, the nature of which was carefully concealed from them; and when they were all assembled, the dreadful mandate was pronounced,—and only small parties of-them were allowed to return for a short time to make the necessary preparations. They appear to have listened to their doom with unexpected resignation, making only mournful and solemn appeals, which were wholly disregarded. When, however, the moment of embarkation arrived, the young men, who were placed in front, absolutely refused to move and it required files of soldiers, with fixed bayonets, to secure obedience.

No arrangements had been made for their location elsewhere, nor was any compensation offered for the property of which they were deprived. They were merely thrown on the coast at different points, and compelled to trust to the charity of the inhabitants, who did not allow any of them to be absolutely starved. Still, through hardships, distress, and change of climate, a great proportion of them perished. So eager was their desire to return, that those sent to Georgia had set out, and actually reached New York, when they were arrested.

They addressed a pathetic representation to the English government, in which, quoting the most solemn treaties and declarations, they proved that their treatment had been as faithless as it was cruel. No attention, however, was paid to this document, and so guarded a silence government was preserved by the government of Nova Scotia, upon the subject of the removal of the Acadians, that the records of the province make no allusion whatever to the event.

Notwithstanding the barbarous diligence with which this mandate was executed, it is supposed that the banished number actually removed from the province did not exceed 7000. The rest fled into the depths of the forests, or to the nearest French settlements, enduring incredible hardships. To guard against the return of the hapless fugitives, the government reduced to ashes their habitations and property, laying waste even their own lands, with a fury exceeding that of the most savage enemy.

In one district, 236 houses were at once in a blaze. The Acadians, from the heart of the woods, beheld all they their homes possessed consigned to destruction; yet they made no movement till the devastators wantonly set their chapel on fire. They then rushed forward in desperation, killed about thirty of the incendaries, and then hastened back to their hiding-places.

But few events of importance occurred in Nova Scotia during the remainder of the French and Indian War, at the close of which, France was compelled to the transfer to her victorious rival, all her possessions on the American continent. Relieved from any farther apprehensions from the few French remaining in the country, the provincial government of the province made all the efforts of which it was Capable to extend the progress of cultivation and settlement, though all that could be done was insufficient to fill Up the dreadful blank that had already been made.

After the peace, the case of the Acadians naturally came Under the view of the government. No advantage had been derived from their barbarous treatment, and there remained no longer a pretext for continuing the persecution. They were, therefore, allowed to return, and to receive lands on taking the customary oaths, but no compensation was offered them for the property of which had been plundered. Nevertheless, a few did return, although, in 1772, out of a French population of seventeen or eighteen thousand which once composed the colony, there were only about two thousand remaining.

In 1758, during the administration of Governor Lawrence, a legislative assembly was given to the people of Nova Scotia. In 1761 an important [indigenous] treaty was concluded when the natives agreed finally to bury the hatchet, and to accept George III, instead of the king formerly owned by them, as their great father and friend. The province remained loyal to the crown during the war of the American Revolution, at the close of which, its population was greatly augmented by the arrival of a large number of loyalist refugees from the United States. Many of the new settlers directed their course to the region beyond peninsula, which, thereby acquiring a great increase of importance, was, in 1784, erected into a distinct government, under the title of New Brunswick. At the same time, the island of Cape Breton, which had been united with Nova Scotia since the capture of Louisburg in 1748, was erected into a separate government, in which it remained until 1820, when it was re-annexed to Nova Scotia.

The most interesting portions of the history of Nova Scotia, it will be observed, are found previous to the peace of 1763, which put a final termination to the colonial wars between France and England. Since that period the tranquillity of the province has been seldom interrupted, and, under a succession of popular governors, the country has continued steadily to advance in wealth and prosperity.

In 1729 the colony (of Newfoundland) was withdrawn from its nominal dependence on Nova Scotia, from which period until 1827 the government of the island was administered by naval commanders appointed to cruise on the fishing station, but who returned to England during the winter. Since 1827 the government has been administered by resident governors; and in 1832, at the earnest solicitation of the inhabitants, a representative assembly was granted them.”

Willson, Marcius. “American history: comprising historical sketches of the Indian tribes”. Cincinnati, W. H. Moore & co.; 1847. https://www.loc.gov/item/02003669/

“Charles D’Wolf Of Guadaloupe, his Ancestors and Descendents…the Rhode Island D’Wolfs…the Nova Scotian D’Wolfes and other allied families”

“…however obscure to recent generations had these facts become, it will be seen from the intercourse and correspondence of the Hon. Benjamin De Wolf of Windsor, Nova Scotia, with the Hon. James De Wolf of Bristol, R. I., from relations of Simon’s grandsons and their Rhode Island cousins, and other facts related in these pages, that the relationships of the several lines and their starting point at Lyme, Conn., were well known to our great-grandfathers. “Only three others of the name of De Wolf,” says the noble work of Professor and Mrs. Edward Salisbury, “have been discovered as living in America as early or earlier than Balthasar De Wolf—all three living in New Amsterdam: the first, Abel De Wolf, receiving a license for mining in the Catskill Mountains in 1659, Abraham De Wolf of whom nothing is known further than that he was in New Amsterdam in 166 1, and thirdly. Dirk De Wolf, who obtained exclusive privilege for making salt in New Netherlands in 1661.

“Among the members of the family who were thus,” as Mrs. Salisbury writes, “carried away from their birthplace in search of adventure or to better their fortunes,” were three cousins, Nathan, Simeon and Jehiel De Wolf, who followed twelve months later, the exodus of about two hundred emigrants who in 1760 went from Connecticut to repeople Acadia; to settle in Nova Scotia, whence the French peasants had gone forth in exile. Three cousins settled, and became progenitors of a numerous and influential branch of the De Wolf family. Of this filling of the places left vacant by Evangeline and her people by the sturdy New Englanders, the Rev. Arthur H. Wentworth Eaton, a descendant of Jehiel De Wolf, the emigrant to Nova Scotia, has written in touching words in one of the many Acadian ballads and poems of which he is the author. Five years in desolation the Acadian land had lain, Five golden harvest moons had wooed the fallow fields in vain. Five times the winter snows caressed and summer sunsets smiled On lonely clumps of willows, and fruit trees growing wild. But the simple Norman peasant-folk shall till the land no more, For the vessels from Connecticut have anchored by the shore, And many a sturdy Puritan, his mind with Scripture stored, Rejoices he has found at last, “the garden of the Lord.” There are families from Tolland, from Killingworth and Lyme, Gentle mothers, tender maidens and strong men in their prime. There are lovers who have plighted their vows in Coventry, And merry children dancing o’er the vessels’ decks in glee. They come as Puritans, but who shall say their hearts are blind To the subtle charms of nature, and the love of human-kind?

The blue laws of Connecticut have shaped their thought, ’tis true, But human laws can never wholly Heaven’s work undo. And where the Acadian village stood, its roofs o’ergrown with moss. And the simple wooden chapel, with its altar and its cross ; And where the forge of Basil sent its sparks toward the sky, The lonely thistle blossomed, and the fare weed grew high. The broken dykes have been rebuilt, a century and more, The cornfields stretch their furrows from Canard to Beau Sejour; Five generations have been reared beside the fair Grand Pre, Since the vessels from Connecticut came sailing up the Bay, And now across the meadows, while the farmers reap and sow. The engine shrieks its discord to the hills of Gaspereau; And ever onward to the sea the restless Fundy tide Bears playful pleasure yachts and busy trade ships, side by side. And the Puritan has yielded to the softening touch of time. Like him who still content remained in Killingworth and Lyme; And graceful homes of prosperous men make all the landscape fair. And mellow creeds and ways of life are rooted everywhere. The writer first knew of the Nova Scotia De Wolfs in early youth, meeting one of them with his own father, James De Wolf Perry, at the Philadelphia Centennial Exposition of 1876. The writer’s father remembered his grandfather. Captain James De Wolf, telling him of cousins of the name living in Canada. Seeing the name De Wolf in the Canadian concession at the Exposition in 1876, where was exhibited a very beautiful line of carriages and other vehicles, he proposed introducing himself and the writer to the fine looking gentleman who was in charge. He proved to be Mr. John M. De Wolf, of Halifax, N. S., who is still living, and whose son, Mr. Frederick T. De Wolf, now carries on the business of carriage manufacture. Mr. De Wolf told Mr. Perry that he too had known of relationship with ” De Wolf in the States.” Neither of them, however, could furnish more definite knowledge of the connection. It was only after his father’s death that the writer obtained from an old letter, preserved among the papers of his great-grandfather, James De Wolf, a clue to their relationship. This letter was written to James De Wolf by Mr. Benjamin De Wolf, of Windsor, Nova Scotia, after his return from a visit to Bristol.

Many incidents of the visit of Hon. Benjamin De Wolf of Connecticut and of cousins, one of whom became later Mrs. Bartlett of New York (Appendix A), are remembered by Mrs. Middleton. Benjamin De Wolf, whose letter has been given, was the founder of the Windsor branch of the family. He was one of the most successful men of Hants Co., Nova Scotia, owned a tract of about eight thousand acres of land, and with one exception, was the highest taxpayer in Windsor. He was for many years High Sheriff of Hants Co., Member of Parliament 1785-9, and in the latter year appointed Justice of the Peace. He married the daughter of Dr. Ephraim Otis. His wife’s sister Susannah was the wife of William Haliburton of Windsor, the father of Judge William Hay Otis Haliburton. Benjamin De Wolf, not believing in slavery, emancipated all his slaves who, however, chose to remain in his service. By the emigration from Connecticut was settled the township of Horton, N. S. “One of the most attractive spots in Horton, near the mouth of the Cornwallis River,” says an article in the Acadian Orchardist, May 15, 1900, by Dr. James R. De Wolf, ” was the home of the most prominent members of the new community and was known as Mud Creek—the centre of the village was ‘Mud Bridge.’ In 1829, it is learned from the same article, this name having become highly obnoxious to the inhabitants, two young ladies, granddaughters of Judge Elisha De Wolf, with the aid of their uncle, postmaster of the place, succeeded in having the name changed to Wolfville. The name was accepted as appropriate from the former influence of the De Wolfs as well as the number still residing there.”

“We ought to keep the Dead before our eyes, and honour them as if they were still living”

Perry, Calbraith B. Charles D’Wolf Of Guadaloupe, his Ancestors and Descendants Being a complete Genealogy of the Rhode Island D’Wolfs, the descendants of Simon DeWolf, with their common descendants from Balthasar de Wolf, of Lyme, Conn. (1668) With a Biographical Introduction and appendicies on the Nova Scotian D’Wolfs and other allied families. New York, 1902. https://www.loc.gov/resource/gdcmassbookdig.charlesdwolfofgu00perr/

“The history of Kings County, Nova Scotia, heart of the Acadian land”

Governor Cornwallis initiated courts of justice based on English common law in 1749, leading to the establishment of County Courts and a General Court. This book asserts that in January 1757 (as do others), Nova Scotia took its first steps in transitioning from being ruled solely by the Governor and Council to establishing a Representative Assembly, comprising twelve members for the province and additional representatives for various townships, including Dartmouth. Members and voters were required to be Protestant, above twenty-one years old, and possess a freehold estate in their district. The first Assembly convened in October 1758 (this time without a representative for Dartmouth), followed by adjustments to representation in subsequent years.

Over time, the judicial system evolved, with the introduction of Circuit Courts and changes in court jurisdictions. The New England town meeting model influenced local governance, coexisting with courts to address various civic matters, including poor relief. Dartmouth held town meetings until its incorporation as a town. The narrative also explores the growth of Baptist communities, the role of the clergy, and the social and political dynamics during the American War. Additionally, it mentions the formation of Light Infantry companies and the challenges faced by Governor Legge in maintaining loyalty during the conflict.

Following this overview, the subsequent text comprises brief biographies of prominent figures and families who are connected to Dartmouth in some capacity.


“Until January, 1757, the Governor and Council ruled alone in Nova Scotia, at that time, after long debate, it was decided that a Representative Assembly should be created, and that there should be elected for the province at large, until counties should be formed, twelve members, besides four for the township of Halifax, two for the township of Lunenburg and one each for the townships of Dartmouth, Lawrencetown (both in Halifax County), Annapolis Royal, and Cumberland. The bounds of these townships were described, and it was resolved that when twenty-five qualified electors should be settled at Piziquid, Minas, Cobequid, or any other district that might in the future be erected into a township, any one of these places should be entitled to send one representative to the Assembly and should likewise have the right to vote in the election of representatives for the province at large.

Members and voters must not be “Popish recusants”, nor be under the age of twenty-one years, and each must have a freehold estate in the district he represented or voted for. The first Assembly met in Halifax on Monday, October 2, 1758, when nineteen members—six “esquires”, and thirteen “gentlemen”, were sworn in. At a meeting of the Council in August, 1759, soon after the dissolution of the second session of the first Assembly, the Council fixed the representation of the township of Halifax at four members, and of Lunenburg, Annapolis, Horton, and Cumberland, at two each. For the newly formed counties of Halifax, Lunenburg, Annapolis, King’s, and Cumberland, there were to be two each.”

County Government, Public Officials:

“When Governor Cornwallis came to Nova Scotia in 1749, one of his earliest acts was the erection and commissioning of courts of justice for the carrying out of the principles of English common law. In pursuance of his orders from the crown he at once erected three courts, a Court of General Sessions, a County Court, having jurisdiction over the whole province, and a General Court or Court of Assize and General Jail Delivery, in which the Governor and Council for the time being, sat at judges. In 1752, the County Court was abolished, and a Court of Common Pleas similar to the Superior Courts of Common Pleas of New England erected in its place. In 1754, Jonathan Belcher, Esq., was appointed the first Chief Justice of the province, and the General Court was supplanted by a Supreme Court, in which the Chief Justice was the sole judge.

In 1829 Judge Haliburton wrote: “There is no separate Court of Common Pleas for the Province, but there are courts in each county, bearing the same appellation and resembling it in many of its powers. These courts when first constituted had power to issue both mesne and final process to any part of the Province, and had a concurrent jurisdiction with the Supreme Court in all civil causes. They were held in the several counties by Magistrates, or such other persons as were best qualified to fill the situation of judges, but there was no salary attached to the office, and fees, similar in their nature, but smaller in amount than those received by the Judges of the Supreme Court, were the only remuneration given them for their trouble. As the King’s bench was rising in reputation, from the ability and learning of its Judges, these courts fell into disuse, and few causes of difficulty or importance were tried in them. It was even found necessary to limit their jurisdiction, and they were restrained from issuing mesne process out of the county in which they sat.

The exigencies of the country requiring them to be put into a more efficient state, a law was passed in 1824 for dividing the Province into three districts or circuits and the Governor was empowered to appoint a professional man to each circuit, as first Justice of the several courts of Common Pleas within the District, and also as President of the courts of sessions. In 1774 an act of the Legislature was passed, first establishing the circuits of the Supreme Court. At Halifax the terms were fourteen days, liberty, however, being allowed for longer terms if the number of cases to be tried demanded an extension of time. No less than eighteen or twenty acts of the legislature relative to the times of holding the courts in the province, were passed between 1760 and 1840. In 1824 an act was passed changing the constitution of the courts of Common Pleas, and dividing the province into three Judicial Districts: the Eastern District, to comprise the county of Sydney, the districts of Pictou and Colchester, and the county of Cumberland; the Middle District, the counties of Hants, King’s, Lunenburg, and Queens; the Western District, the counties of Annapolis and Shelburne. In 1841, by an act of the legislature, the Inferior Courts of Common Pleas were abolished and the administration of law was generally improved.

With the advent of the New England planters to the county, came the introduction of New England’s time honoured institution, the Town Meeting.

[An institution on the radar of those in Dartmouth long before being enacted in law in Dartmouth township, a practice which continued for the first few decades of its existence as an incorporated Town. Martin indicates the last of the “old style” (New England) Town meetings in Dartmouth was held in 1902].

“The New England town meeting was and still is”, says Charles Francis Adams, “the political expressions of the town”, and many writers have spoken of the influence the institution has had in developing and conserving that spirit of independence and sense of liberty which have been characteristic of the New England colonies and colonies sprung from New England. In all the New England settlements in Nova Scotia, the Town Meeting was from the first, in conjunction with the Court of Sessions, the source of local government. The Court of Sessions was composed of the magistrates or justices of the peace, the chairman of which was the Gustos Botulorum, and its secretary, the Clerk of the Peace. By this court, the constables, assessors, surveyors of highways, school commissioners, pound keepers, fence viewers, and trustees of school lands, were appointed. In the Town Meeting the rate-payers met to discuss freely all local affairs, not the least important matter under its jurisdiction being always the relief and support of the poor and the appointment of overseers and a clerk of overseers for carrying out the provisions for the needy the Town Meeting made. For many years it was customary for certain rate-payers to “bid off” one or more poor men, women, or children, for stipulated sums to be paid weekly by the town. In these cases, where it was possible, the rate-payers made the poor whom they bid off, useful in their homes [“parties in need of domestic servants will now have no difficulty in supplying themselves.”]; for such service, and for the sum they received, giving the unfortunates, board, lodging, and clothes. Many persons also, who became town charges were “farmed out” to men who made their living wholly or in part by boarding them. See also “The Great Awakening in Nova Scotia, 1776-1809”, Armstrong, Maurice Whitman] .

Up to 1790, and how much later we do not know, the Town Meetings of Cornwallis were held in the Meeting-House, but after that they were held in some other convenient place. In 1839 an act was passed to enable the inhabitants of Cornwallis to provide a public Town House for the holding of elections in that township. For this building the township was to be assessed in a sum not to exceed two hundred pounds. In 1879 the three townships of the county were united in a central government, and the Town Meeting and Court of Sessions became things of the past. In place of the three townships now arose the Municipality of King’s County, the sole governing body of which is the Municipal Council. Under this new system the county is divided into fourteen wards, twelve of which elect one councillor each, and two, two councillors, for a term of two years. The Council as a whole then elects a Warden, who corresponds to the Custos Rotulorum, of the old Court of Sessions, and whatever other officers it was the duty of the Court of Sessions to elect. Under the Municipality’s control thus came all the interests that formerly pertained to both the Town Meeting and the Court of Sessions. The change of the county to a Municipality was affected at a meeting held at the court house on Tuesday, January 13, 1879, pursuant to a notice by the then Sheriff, John Marshall Caldwell.”

“Before 1888 the only towns in the Province incorporated, besides Halifax, were Dartmouth, Pictou, Windsor, New Glasgow, Sydney, North Sydney, and Kentville.”

“Barristers and Attorneys in King’s County: … James Ratchford De Wolf (long Medical Superintendent of the Insane Hospital at Dartmouth, N. S.)”

“The next rector of Aylesford was the Rev. Richard Avery, son of John and Elizabeth (Simmons) Avery, who was bom at Southampton, England, and educated there, at Warminster, and at Oxford, his brothers, the Rev. John S. Avery, M. A., and the Rev. William Avery, B. A., being chiefly his tutors. Passing the Clerical Board of the S. P. G. in London, Mr. Avery was sent out as a Deacon to Nova Scotia, and by Bishop John Inglis was given the curacy of Lunenburg. In the spring of 1842 he was called as assistant to St. Paul’s Church, Halifax, and Christ Church, Dartmouth”

“In 1827, the Rev. George Struthers, also of the Established Church of Scotland, who afterwards (the Rev. John Martin of Halifax officiating), January 28, 1830, married Mr. Forsyth’s eldest daughter, Mary, and the Rev. Morrison were sent from Scotland by the Lay Association as missionaries to Nova Scotia. At once Mr. Struthers came to Horton, Mr. Morrison going to Dartmouth, which place he afterwards left for Bermuda.”

“The Baptist body in Nova Scotia had its birth in a general religious Revival, and its growth may largely be traced through later similar revivals. Of these revivals King’s County has had always its share, and out of them have come undoubtedly a great deal of deep, continuing religious life.

In 1809 the members of the Cornwallis Baptist Church numbered sixty-five, in 1810 fifty-six, in 1811 sixty-three, in 1812 seventy-three, in 1813 sixty-five, in 1814 sixty-eight, and in 1820 a hundred and twenty-four.

Mr. Manning’s pastorate of the Church lasted until his death, which occurred, as we have said, on the 12th of January, 1851. In 1847, on account of his failing health, the Rev. Abram Spurr Hunt, a young graduate of Acadia College of 1844 (and master of arts of 1851), was chosen to assist him. “When Mr. Manning died Mr. Hunt succeeded to the pastorate, and in this office remained until November, 1867, when he resigned and removed to Dartmouth, the well known suburb of Halifax.”

“On the breaking out of the American War in 1775, Light Infantry companies were ordered by the Governor to be formed in the various townships of King’s and other counties. The number of the King’s County contingent was to be fifty men at Cornwallis, fifty at Horton, and fifty at Windsor, Newport, and Falmouth, together. Fearing sympathy on the part of the Nova Scotians who had come from New England with their rebellious kinsmen in the New England colonies, Governor Legge further ordered that all grown men in the several townships should take an oath of allegiance to the British Crown. … Among the men sent from England to govern the province of Nova Scotia during nearly a century and a quarter, not one ever showed such ill-temper as Governor Legge, the incumbent of the governorship at the outbreak of the war. His charges of disloyalty towards England included, not only the inhabitants of the province who had recently come from New England, but the staunchest members of the Council at Halifax as well. As early as January, 1776, he writes disparaging letters concerning the New England settlers to the British Secretary of State. A law has been passed, he says, to raise fresh militia troops, and he has been endeavouring to arm the people, but he has just been informed from Annapolis and King’s counties that the people in general refuse to be enrolled. Though Governor Campbell ‘s report to Lord Hillsborough in 1770 had stated that he did not discover in the people of Nova Scotia any of that “licentious principle” with which the neighbouring colonies were infected, it is a well known fact that in Cumberland, in 1776, the greatest disaffection towards England did prevail. That it would have been perfectly natural if the people of the midland counties of Nova Scotia had sympathized with New England in her protest against the abuse of power on the part of the British Government from which she had long suffered must be freely admitted, that among the inhabitants of Annapolis, King’s, and Hants such sympathy was outwardly shown, remains yet to be proved.

It is a well known fact that the King’s Orange Rangers, a Loyalist corps raised in Orange County, New York, through the efforts of Lieut.-Col. John Bayard in 1776 and ’77, in October, 1778, were sent to reinforce the King’s troops in Nova Scotia, and that until the disbandment of the corps in 1783 they were employed chiefly in garrison duty in Halifax. The statement of the writer of the manuscript in question is that in King’s County symptoms of rebellion strongly showed themselves, one of these being that certain King’s County people were even preparing to raise a liberty pole. This seditious spirit in King’s being reported to the government at Halifax by Major Samuel Starr, a detachment of the Orange Rangers stationed at Eastern Battery, Halifax, was ordered to Cornwallis, under command of Major Samuel Vetch Bayard.”


Biographies:

“JAMES Fillis AVERY, M. D. Dr. James Fillis Avery, son of Cap.t. Samuel and Mary (Fillis) Avery, was born in Horton, May 22, 1794, and for three years studied medicine with Dr. Almon in Halifax. He then went to Edinburgh, where he graduated in 1821. After graduation he spent six months in the Hospital of the Royal Guard at Paris, under the superintendence of the noted Baron Larrey, the first Napoleon’s principal medical adviser. Dr. Avery practised medicine in Halifax and also founded there, in George Street, the noted drug firm, which for many years he personally conducted. From this firm, in time, sprang the firms of Messrs. Brown Brothers, and Brown and “Webb. In later life he retired from business, and for some time travelled in Europe. He was an early governor of Dalhousie College, was an elder in St. Matthew’s Presbyterian Church, on Pleasant Street, and was interested in many philanthropic institutions. Among the business enterprises that he took substantial interest in was the Shubenacadie Canal, from Dartmouth to the Bay of Fundy. The first (and probably only) vessel that ever went through that canal, it is said, was called for him. The Avery. For many years, until his death. Dr. Avery’s residence was on South Street, adjoining that of Mr. George Herbert Starr, who had married his niece, Rebecca (Allison) Sawers. Dr. Avery died unmarried, universally respected, Nov. 28, 1887, and was buried near his parents at Grand Pre.

ALFRED CHIPMAN COGSWELL, D. D. S. Alfred Chipman Cogswell, son of Winckworth Allen and Caroline Eliza (Barnaby) Cogswell, was born in Upper Dyke village, Cornwallis, July 17, 1834. He married, Oct. 8, 1858, Sarah A., dau. of Col. Oliver and Sarah A. Parker, born in Bangor, Me., Oct. 10,1830, and had two sons. His residence for many years was in Halifax and in Dartmouth. Dr. Cogswell studied for two years at Acadia College, and then on account of ill health abandoned his college course. His studies in dentistry were later pursued in Portland, Me., and his first practice was in Wakefield, Mass. In 1859 he removed to Halifax, N. S., where he formed a partnership with Dr. Lawrence B. Van Buskirk. Some years later he graduated as D. D. S. at the College of Dentistry in Philadelphia. For many years Dr. Cogswell was a successful and skillful practitioner in Halifax, where he was also an elder in St. Matthew’s Presbyterian Church. The younger of his sons, Arthur W., in 1884 received the degree of M. D., and was appointed Surgeon of the Halifax Provincial and City Hospital.

HON. THOMAS ANDREW STRANGE DeWOLF, M. E. G. Hon. Thomas Andrew Strange DeWolf, M. P. P., M. E. C, fourth son of Judge Elisha and Margaret (Ratchford) DeWolf, born April 19, 1795, married December 30, 1817, or March 26, 1818, his first cousin, Nancy, daughter of Col. James and Mary (Crane) Ratchford, born June 1, 1798. Mr. DeWolf represented the County of Kings from 1837 until 1848. He was made a member of H. M.(first) Executive Council, February 10, 1838, and was subsequently Collector of Customs. When a qualification bill authorizing the election of non-resident members was introduced in the legislature as a government measure, he resigned from the Executive Council. He died at “Wolfville, September 21, 1878 ; his widow died at Dartmouth, March 10, 1883. Hon. T. A. S. DeWolf had fourteen children, the most important of whom was James Ratchford DeWolf, M. D., L. R. C. S. E. and L. M., of the Royal College of Surgeons, Edinburgh.

THE REV. ABEAM SPURR HUNT, M. A. Eev. Abram Spurr Hunt, though not a native of King’s County, was for many years, as Rev. Edward Manning’s immediate successor, pastor of the Cornwallis First Baptist Church. He was born at Clements, Annapolis county, April 7, 1814, grad. at Acadia in 1844 (its second class), and on the 10th of Nov. of that year, was ordained over the newly formed Baptist Church at Dartmouth, N. S. In 1844 also, he married Catharine Johnstone, eldest surviving daughter of Lewis Johnston, M. D., and niece of Hon. Judge James William Johnstone, and in 1846, removed to Wolfville, where for a winter he studied theology under the Rev. Dr. Crawley. In 1847 he became assistant pastor to Rev. Edward Manning at Cornwallis, and in 1851, at Mr. Manning’s death, succeeded to the pastorate. Until 1867 he continued pastor of the Cornwallis Church, his ministry being in every sense a successful one. His field of labour, however, was so wide and his duties so arduous that at last he was obliged to seek an easier parish. When he determined to remove from Cornwallis, the Dartmouth Church recalled him, and to that Church he continued to minister till his death, which occurred, October 23, 1877. In 1870 he was also made Superintendent of Education for the Province, and the duties of this office he also discharged until his death. Mr. Hunt’s children were: Eliza Theresa, married as his 2nd wife, to the Hon. Judge Alfred William Savary, of Annapolis, so well known as a jurist and historian (see among other writings, the Calnek-Savary “History of Annapolis,” and the “Savary Family”); Lewis Gibson, M. D., D. C. L., of London, England ; James Johnstone, D. C. L., Barrister of Halifax; Aubrey Spurr; Ella Maud, m. to the Rev. Arthur Crawley Chute, D. D., Professor in Acadia University ; Rev. Ralph M., a clergyman, who died young, deeply lamented. Mrs. Abram Spurr Hunt, a woman of high breeding and exalted Christian character, survived her husband between seventeen and eighteen years. She died in Dartmouth, Halifax, May 29, 1895.

MAJOR GEORGE ELEANA MORTON Major George Eleana Morton was one of King’s County’s most excellent and enterprising sons. He was a son of Hon. John and Anne (Cogswell) Morton, was born at Upper Dyke village, Cornwallis, March 25, 1811, and was one of the pupils of the Rev. William Forsyth. Going to Halifax at about eighteen years of age he entered a drug store on Granville Street, which business he afterward purchased. In 1852 he erected the stone building at the corner of Granville and George Streets, long known as “Morton’s Comer,” where for many years he conducted a wholesale and retail drug business, at that time the largest in the province. He was the first business man in Halifax to send out a commercial traveller. About 1870 he closed his drug business and opened a book and periodical store, and a lending library of current literature. He retired from business in 1888, and died as the result of an accident, Mar. 12, 1892, and was buried in Dartmouth. Mr. Morton was a man of great intelligence, and of distinctly literary tastes, and his contributions to the press, both in prose and verse, were numerous. In 1852 he published, in conjunction with Miss Mary J. Katzmann, The Provincial, a monthly magazine. Later he published a satirical magazine called Banter. In 1875 he wrote and published the first “Guide to Halifax,” and in 1883, a “Guide to Cape Breton.” His newspaper articles appeared chiefly in the Guardian, the British Colonist, and other newspapers. He was unusually well read in English literature, and his writings contain many quotations from classical authors. He was an accomplished letter writer, and for many years kept up an interesting correspondence with friends abroad, especially with his cousin. Dr. Charles Cogswell. He was one of the original members of the N. S. Historical Society, and was always actively interested in the work of that Society. In religion he was a Presbyterian, his membership being in St. Matthew’s Church. In politics a Conservative, he was for many years a personal friend of Messrs. Johnstone, Tupper, Parker, Holmes, Marshall, and other Conservative leaders. He was an ardent supporter of confederation, and had great faith in the future of the Dominion. Nov. 23, 1859, he was appointed 1st Lieut, in the 2nd Queen’s Halifax Regt. ; Sept. 23, 1862, he was appointed Captain. On the reorganization of the militia by the Dominion Government he was retired with the rank of Major. He was one of the promoters of the N. S. Telegraph Company, was original shareholder of the N. S. Sugar Refinery, and shortly after the discovery of gold in 1860, became interested in gold-mining. He held mining claims at Waverly, Montagu, Elmsdale, and Lawrencetown. George Elkana Morton married in Halifax, in March, 1849, Martha Elizabeth, eldest daughter of Christian Conrad Casper and Martha (Prescott) Katzmann, bom Apr. 2, 1823, died Apr. 6, 1899. He had children: Annie, born Dec. 13, 1850, died Mar. 29, 1855; Charles Cogswell, born Aug. 14, 1852, married Apr. 27, 1905, Winifred, daughter of Leonard and Lucy Leadley, of Dartmouth, N.S., and now resides in Kentville. For the Katzmann Family, see the Prescott Family Sketch.”

“Of the Bishop families of Horton many members have occupied positions of trust and many have attained prominence in the communities where they lived. Such have been … Watson Bishop, of Dartmouth, N. S., Superintendent of Water Works for that town”

“THE KEMPTON FAMILY The Rev. Samuel Bradford Kempton, D. D., now of Dartmouth, N. S., but for many years the honoured third pastor of the Cornwallis First Baptist Church, in succession to the Rev. Abram Spurr Hunt, is the son of Stephen and Olivia Harlowe (Locke) Kempton, and was b. at Milton, Queen’s county, Nov. 2, 1834. He received his early education at Milton Academy, and in 1857 entered Horton Academy. In 1862 he graduated, B. A., at Acadia University. He then spent a year at Acadia under the instruction of Rev. John Mockett Cramp, D. D., in post-graduate work. In 1833 he was ordained pastor of Third Horton Baptist Church, and in 1867 became pastor of the First Cornwallis Baptist Church. In that position he remained until 1893, when he removed to Dartmouth, as pastor of the Dartmouth Baptist Church. Dr. Kempton received his M. A., from Acadia University in 1872, and the honorary degree of D. D. in 1894. Prom 1878 to 1907 he was one of the governors of Acadia, and in 1882 was appointed a member of the Senate of the University. His ministry at Cornwallis was laborious and faithful, he had six preaching stations and was obliged to travel many miles every week. He married in Horton, Oct. 1, 1867, Eliza Allison, dau. of Abraham and Nancy Rebecca (Allison) Seaman, and had two children : Rev. Austin Tremaise, b. Feb. 6, 1870, m. June 7,1893, Charlotte H. Freeman; William Bradford, b. May 29, 1885, d. July 17, 1893. Of these sons, Rev. Austin Tremaise Kempton graduated at Acadia University in 1891, and received his M. A. in course in 1894. He was ordained to the Baptist ministry at Milton, Queen’s county, N. S., in 1891, later studied at Newton Theological Seminary, and has since held pastorates in Sharon, Boston, Pitchburg and Lunenburg, Mass. He has also been a successful lecturer, his lectures on the “Acadian Country” having done much to make the charms of King’s County known throughout New England.

Of one, at least, of the Orpin grantees, and the family from which he sprang, a writer in the Halifax Herald of January 25, 1899, gave the following interesting account: Among the enterprising pioneers who first came to this part of the country to make of the wilderness a fruitful field, was Joseph Moore Orpin and his wife, Anna Johnson Orpin. Mr. Orpin ‘s father, Edward Orpin, was one of the founders of the city of Halifax. He first took up land on the Dartmouth side of the harbor, and employed men to subdue and clear it of a forest of trees and a heavy crop of stone.

One day while he was on his way with a lad, sixteen years old, named Etherton, carrying dinner to the men working on his land, he was surprised and captured by the [Mi’kmaq]. They compelled silence and began their march with their captives in the direction of Shubenacadie. They had not gone far when one of the [Mi’kmaq] gave the boy a heavy blow, felling him to the ground. Instantly his crown was scalped and he was left for dead. After travelling some distance, Mr. Orpin found that one of his shoes was unbuckled. He stopped and pointed it out to the [Mi’kmaq] walking behind him. As he stooped down to buckle it the [Mi’kmaq] stepped ahead of him. Orpin saw his chance, caught up a hemlock knot, and as quick as lightning gave the [indigenous man] a blow which brought him to the ground. He had confidence in his own fleetness of foot. Instantly he was flying for liberty.

As soon as the [Mi’kmaq] in advance discovered the trick, and recovered from their surprise, they gave him chase. But Orpin was too fleet for them. He escaped and reached home in safety. Strange to relate the boy returned to the city soaked from head to foot in his own blood. The doctors of the city did what they could to heal his scalp wound. They succeeded only in part. Directed by them a silversmith made a silver plate, which the young fellow wore over his unhealed wound. After a time he returned to England.

In the same year Mr. Orpin had still another adventure with the [indigenous] neighbors of the young colony. On this occasion, too, he was on his way to the place where his men were at work, carrying them their dinners. Again he was seized by the skulking [Mi’kmaq] , and hurried away toward Shubenacadie. After reaching one of the lakes, the [Mi’kmaq] stopped to take a meal. For a special treat, Mr. Orpin was carrying a bottle of rum to his men with their dinners. At the lake the [Mi’kmaq] drank the whole of it, and it made them helplessly drunk. This was good fortune for the captive. He reached Halifax again with the scalp safe on his head. This last experience made him more cautious for a long time. The stony ground in Dartmouth, and his trouble with the [Mi’kmaq], induced him to give up his Dartmouth lot and commence anew on the Halifax side of the harbor. Some years later, he went to the North West Arm. He never returned. Diligent and thorough search was made for him; but he could not be found. The belief at the time was the [Mi’kmaq] caught him again and took secret revenge on him in torturing him to death at their leisure.”

“…the Katzmann family of Halifax county demands notice. Lieut. Christian Conrad Casper Katzmann, b. in Eimbeck, Hanover, Prussia, Aug. 18, 1780, came to Annapolis Royal, N. S., as ensign (he is also called adjutant, 3rd Battalion) of H. M. 60th Regt. He m. (1) in Annapolis Royal (by Rev. John Millidge), June 11, 1818, Eliza Georgina Fraser (who had a sister, Mrs. Robinson, and a brother, James Fraser, Jr., Postmaster at Augusta, Georgia), who d. shortly before April 5, 1819. He m. (2), April 6, 1822, by Bishop Inglis, Martha, dau. of John and Catharine (Cleverley) Prescott, of Maroon Hall, Preston, Halifax county, and retiring from the army, bought Maroon Hall. His children by his 2nd marriage were Martha Elizabeth, b. April 2,1823, m. to George Eleana Morton ; Mary Jane (the authoress), b. Jan. 15, 1828, m. to William Lawson, of Halifax; Anna Prescott, b. Sept. 25, 1832, d. unm.. May 31, 1876. Lieut. Katzmann and his family are buried in Dartmouth, N.S. Mr. and Mrs. John Prescott are probably buried at Preston.”

“THE PYKE FAMILY The Pyke family in King’s County is descended from John Pyke, who came to Halifax with Governor Cornwallis in 1749, it is said as his private secretary, and was killed by Indians in Dartmouth, in August of the next year. His wife was Anne Scroope, b. in 1716, her grandfather or his brother, it is believed, being a baronet in Lincolnshire. Precisely how long before he came to Halifax John Pyke married, it is impossible to say, but his son (and only child, so far as is known), John George, was born in England in 1743. After her first husband’s death, Anne (Scroope) Pyke was married to Richard Wenman, another of the company that came with the Cornwallis fleet, and to her second husband she bore three daughters: Susanna, married to Hon. Benjamin Green, Treasurer of the Province; a daughter m. to Captain Howe, of the Army; another daughter m. to Captain Pringle of the army. Mrs. Anne Wenman died May 21, 1792 ; her husband, Richard Wenman, was buried Sept. 30, 1781.”

Eaton, Arthur Wentworth Hamilton. The history of Kings County, Nova Scotia, heart of the Acadian land. Salem, Mass., The Salem press company, 1910. Retrieved from the Library of Congress, www.loc.gov/item/10025852/

Royal Proclamation, October 7th, 1763

George II. WHEREAS WE have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace concluded at Paris, the 10th day of February last; and being desirous that ail Our loving Subjects, as well of our Kingdom as of our Colonies in America, may avail themselves with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our Ioving Subjects, that we have, with the Advice of our Said Privy Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect, within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida and Grenada, and limited and bounded as follows, viz.:

First-The Government of Quebec, bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St. John, to the South end of the Lake Nipissim; from whence the said Line, crossing the River St. Lawrence, and the Lake Champlain, in 45 Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence from those which fail into the Sea; and also along the North Coast of the Baye (les Chaleurs and the Coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St. Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St. John.

Secondly-The Government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola River, to the Northward by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the source of St. Mary’s River, and by the course of the said River to the Atlantic Ocean; and to the Eastward and Southward by the Atlantic Ocean and the Gulph of Florida, including ail islands within Six Leagues of the Sea Coast.

Thirdly-The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast, from the River Apalachicola to Lake Pontchartrain; to the Westward by the said Lake, the Lake Maurepas, and the River Mississippi; to the Northward by a line drawn due East from that part of the River Mississippi which lies in 31 Degrees North Latitude, to the River Apalachicola or Chatahouchee; and to the Eastward by the said River.

Fourthly-The Government of Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Dominico, St. Vincent’s, and Tobago.

And to the end that the open and free Fishery of our Subjects may be extended to and carried on upon the Coast of Labrador, and the adjacent Islands, We have thought fit, with the advice of our said Privy Council, to put all that Coast, from the River St. John’s to the Hudson’s Straights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast under the care and Inspection of our Governor of Newfoundland.

We have also, with the advice of our Privy Council, thought fit to annex the Islands of St. John’s and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia.

We have also, -with the advice of our Privy Council aforesaid, annexed to our Province of Georgia, all the Lands lying between the Rivers Alatamaha and St. Mary’s.

And whereas it will greatly contribute to the speedy settling our said new Governments, that our loving subjects should be informed of our Paternal care, for the security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express Power and Direction to our Governors of our Said Colonies respectively, that so soon as the state and circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of our Council, summon and call General Assemblies within the said Governments respectively, in such Manner and Fort as is used and directed in those Colonies and Provinces in America which are under our immediate Government; and We have also given Power to the said Governors, with the consent of our Said Councils, and the Representatives of the People, so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the Public Peace, Welfare and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, and under such Regulations and restrictions as are used in other Colonies; and in the mean time, and until such Assemblies can be called as aforesaid, all Persons Inhabiting in or resorting Io our Said Colonies may confide in our Royal Protection for the Enjoyment of the Benefit of the Laws of our Realm of England; for which Purpose We have given Power under our Great Seal to the Governors of our said Colonies respectively to erect and constitute with the Advice of our said Councils respectively, Courts of Judicature and public Justice within our said Colonies for hearing and determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in our Privy Council.

We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said Three new Colonies, upon the Continent full Power and Authority to settle and agree with the Inhabitants of our said new Colonies or with any other Persons who shall resort thereto, for such Lands, Tenements and 1-lereditaments, as are now or hereafter shall be in our Power to dispose of; and them to grant to any such Person or Persons upon such Terms, and under such moderate Quit-Rents, Services and Acknowledgements, as have been appointed and settled in our other Colonies, and under such other Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and settlement of our said Colonies.

And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and approbation of the Conduct and bravery of the Officers and Soldiers of our Armies, and to reward the same, We do hereby command and impower our Governors of our said Three new Colonies, and all other our Governors of our several Provinces on the Continent of North America, to grant without Fee or Reward, to such reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents, as other Lands arc subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Imuprovement, viz.:

To every Person having the Rank of a Field Officer 5,000 Acres

To every Captain 3,000 Acres

To every Subaltern or Staff Officer . 2,000 Acres

To every Non-Commission Officer . . 200 Acres

To every Private Man . 50 Acres

We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the same conditions, to such reduced O1ilcers of our Navy of like Rank as served on board our Ships of War in North America at the time of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to our respective Governors for such Grants.

And whereas it is just and reasonable, and essential to our Interests, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.–We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure, that to Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as also that no Governor, or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.

And we do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson’s Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid;

And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that purpose first obtained. And, We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such settlements.

And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians to the great Prejudice of our Interests and to the great Dissatisfaction of the said Indians; in order therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove ail reasonable Cause of Discontent, We do, with the Advice of our Privy Council, strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement; but that, if at any Time any of the said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie; and in case they shall lie within the limits of any Proprietary Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as we or they shall think proper to give for that Purpose; And we do, by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever, provided that every Person who may incline to Trade with the said Indians do take out a License for carrying on such Trade from the Governor or the Commander in Chief of any of Our Colonies respectively where such Person shall reside, and also give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:

And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid.

And we do further expressly enjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from Justice and take Refuge in the said Territory, and to send them under a proper guard to the Colony where the Crime was committed of which they stand accused, in order to take their Trial for the same.

Given at our Court at St. James’s, the 7th Day of October, 1763, in the Third Year of our Reign.

Kennedy, William P. Statutes, Treaties and Documents of the Canadian Constitution: 1713-1929. Oxford Univ. Pr., 1930. https://www.canadiana.ca/view/oocihm.9_03428

Treaty Of Paris, February 10, 1763

The definitive Trealy of Peace and Friendship between His Britannick Majesty, the-Most Christian King, and the King of Spain. Concluded ai Paris the 10th day of February, 1763. To which the King of Portugal acceded on the same day. [Only those articles of the Treaty have been printed which are essential to Canadian history]

Article I. There shall be a Christian, universal, and perpetual peace, as well by sea as by land, and a sincere and constant friendship shall be re-established between their Britannick, Most Christian, Catholick, and Most Faithful Majesties, and between their heirs and successors, kingdoms, dominions, provinces, countries, subjects, and vassals, of what quality or condition soever they be, without exception of places or of persons: So that the high contracting parties shall give the greatest attention to maintain between themselves and their said dominions and subjects this reciprocal friendship and correspondence, without permitting, on either side, any kind of hostilities, by sea or by land, to be committed from henceforth, for any cause, or under any pretence whatsoever, and every thing shall be carefully avoided which might hereafter prejudice the union happily re-established, applying themselves, on the contrary, on every occasion, to procure for each other whatever may contribute to their mutual glory, interests, and advantages, without giving any assistance or protection, directly or indirectly, to those who would cause any prejudice to either of the high contracting parties: there shall be a general oblivion of every thing that may have been done or committed before or since the commencement of the war whicli is just ended.

II. The treaties of Westphalia of 1648; those of Madrid between the Crowns of Great Britain and Spain of 1667, and 1670; the treaties of peace of Nimeguen of 1678, and 1679; of Ryswick of 1697; those of peace and of commerce of Utrecht of 1713; that of Baden of 1714; the treaty of the triple alliance of the Hague of 1717; that of the quadruple alliance of London of 1718; the treaty of peace of Vienna of 1738; the definitive treaty of Aix la Chapelle of 1748; and that of Madrid, between the Crowns of Great Britain and Spain of 1750: as well as the treaties between the Crowns of Spain and Portugal of the 13th of February, 1668; of the 6th of February, 1715; and of the 12th of February, 1761; and that of the 11th of April, 1713, between France and Portugal, with the guaranties of Great Britain, serve as a basis and foundation to the peace, and to the present treaty: and for this purpose they are all renewed and confirmed in the best form, as well as all the general, which subsisted between the high contracting parties before the war, as if they were inserted here word for word, so that they are to be exactly observed, for the future, in their whole tenor, and religiously executed on all sides, in all their points, which shall not be derogated from by the present treaty, notwithstanding all that may have been stipulated to the contrary by any of the high contracting parties: and all the said parties declare, that they will not suffer any privilege, favour, or indulgence to subsist, contrary to the treaties above confirmed, except what shall have been agreed and stipulated by the present treaty.

IV. His Most Christian Majesty renounces all pretensions which he has heretofore formed or might have formed to Nova Scotia or Acadia in all its parts, and guaranties the whole of it, and with all its dependencies, to the King of Great Britain: Moreover, his Most Christian Majesty cedes and guaranties to his said Britannick Majesty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all the other islands and coasts in the gulph and river of St. Lawrence, and in general, every thing that depends on the said countries, lands, islands, and coasts, with the sovereignty, property, possession, and all rights acquired by treaty, or otherwise, which the Most Christian King and the Crown of France have had till now over the said countries, lands, islands, places, coasts, and their inhabitants, so that the Most Christian King cedes and makes over the whole to the said King, and to the Crown of Great Britain, and that in the most ample manner and form, without restriction, and without any liberty to depart from the said cession and guaranty under any pretence, or to disturb Great Britain in the possessions above mentioned. Hiis Britannick Majesty, on his side, agrees to grant the liberty of the Catholick religion to the inhabitants of Canada: he will, in consequence, give the most precise and most effectual orders, that his new Roman Catholick subjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the French inhabitants, or others who had been subjects of the most Christian King in Canada, may retire with all safety and freedom wherever they shall think proper, and may sell their estates, provided it be to the subjects of His Britannick Majesty, and bring away their effects as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts or of criminal prosecutions: The term limited for this emigration shall be fixed to the space of eighteen months, to be computed from the day of the exchange of the ratification of the present treaty.

V. The subjects of France shall have the liberty of fishing and drying on a part of the coasts of the Island of Newfoundland, such as it is specifled in the XIIIth article of the treaty of Utrecht; which article is renewed and confirmed by the present treaty, (except what relates to the island of Cape Breton, as well as to the other islands and coasts in the mouth and in the gulph of St. Lawrence): And His Britannick Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the gulph of St. Lawrence, on condition that the subjects of Franco do not exercise the said filshery but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands situated in the said gulph of St. Lawrence. And as to what relates to the fishery on the coasts of the island of Cape Breton, out of the said gulph, the subjects of the Most Christian King shall not be permitted to exercise the said fishery but at the distance of fifteen leagues from the coasts of the island of Cape Breton; and the fishery on the coasts of Nova Scotia or Acadia, and every where else out of the said gulph, shall remain on the foot of former treaties.

VI. The King of Great Britain cedes the islands of St. Pierre and Macquelon, in full right, to his Most Christian Majesty, to serve as a shelter to the French fishermen; and his said Most Christian Majesty engages not to fortify the said islands; to erect no buildings upon them but merely for the conveniency of the fishery ; and to keep upon them a guard of fifty men only for the police.

VII. In order to re-establish peace on solid and durable foundations, and to remove forever all subject of dispute with regard to the limits of the British and French territories on the continent of America; it is agreed, that, for the future, the confines between the dominions of His Britannick Majesty and those of his Most Christian Majesty in that part of the world, shall be fixed irrevocably by a line drawn along the middle of the River Mississippi, from its source to the River Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain to the sea; and for this purpose, the Most Christian King cedes in full right, and guaranties to His Britannick Majesty the river and port of the Mobile, and every thing which he possesses, or ought to possess, on the left side of the River Mississippi, except the town of New Orleans and the island in which it is situated, which shall remain to France, provided that the navigation of the River Mississippi shall be equally free, as well to the subjects of Great Britain, as to those of France, in its whole breadth and length, from its source to the sea, and expressly that part which is between the said island of New Orleans and the right bank of that river, as well as the passage both in and out of its mouth: It is farther stipulated, that the vessels belonging to the subjects of either nation shall not be stopped, visited, or subjected to the payment of any duty whatsoever. The stipulations inserted in the IVth article, in favour of the inhabitants of Canada, shall also take place with regard to the inhabitants of the countries ceded by this article.

VIII. The King of Great Britain shall restore to France the islands of Guadaloupe, of Mariegalante, of Desirade, of Martinico, and of Belle-isle; and the fortresses of these islands shall be restored in the same condition they were in wrhen they were conquered by the British arms, provided that His Britannick Majesty’s subjects, who shall have settled in the said islands, or those who shall have any commercial affairs to settle there or in other places restored to France by the present treaty, shall have liberty to sell their lands and their estates, to settle their affairs, to recover their debts, and to bring away their effects as well as their persons, on board vessels, which they shall be permitted to send to the said islands and other places restored as above, and which shall serve for this use only, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts or of criminal prosecutions: and for this purpose, the term of eighteen months is allowed to His Britannick Majesty’s subjects, to be computed from the day of the exchange of the ratifications of the present treaty; but, as the liberty granted to His Britannick Majesty’s subjects, to bring away their persons and their effects, in vessels of their nation, may be liable to abuses if precautions were not taken to prevent them; it has been expressly agreed between his Britannick Majesty and his Most Christian Majesty, that the number of Englisht vessels whiclh have leave to go to the said islands and places restored to France, shall be limited, as well as the number of tons of each une; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only; all the effects belonging to the English being to be embarked at the samte time. It has been farther agreed, that his Most Christian Majesty shall cause the necessary passports to be given to the said vessels; that, for the greater security, it shall be allowed to place two French clerks or guards in each of the said vessels, which shall be visited in the landing places and ports of the said islands and places restored to France, and that the merchandize which shall be found therein shall be confiscated.

IX. The Most Christian King cedes and guaranties to his Britannick Majesty, in full right, the islands of Grenada, and the Grenadines, with the same stipulations in favour of the inhabitants of this colony, inserted in the IVth article for those of Canada: And the partition of the islands called neutral, is agreed and fixed, so that those of St. Vincent, Dominico, and Tobago shall remain in full right to Great Britain, and that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right, and the high contracting parties guaranty the partition so stipulated.

XVII. His Britannick Majesty shall cause to be demolished all the fortifications whiich bis subjects shall have erected in the bay of Honduras, and other places of the territory of Spain in that part of the world, four months after the ratification of the present treaty: and bis Catholick Majesty shall not permit his Britannick Majesty’s subjects, or tlieir workmen, to be disturbed or molested under any pretence whatsoever in the said places, in their occupation of cutting, loading, and carrying away logwood; and for this purpose they may build without hindrance, and occupy, without interruption, the houses and magazines necessary for them, for their families, and for their effects: and his Catholick Majesty assures to them, by this article, the full enjoyment of those advantages and powers on the Spanish coasts and territories, as above stipulated, immediately after the ratification of the present treaty. XVIII. His Catholick Majesty desists, as well for himself as for his successors, from all pretension which he may have formed in favour of the Guipuscoans, and other his subjects, to the right of fishing in the neighbourhood of the island of Newfoundland. XIX. The King of Great Britain shall restore to Spain all the territory which lie lias conquered in the island of Cuba, with the fortress of the Havannah; and this fortress, as well as all the other fortresses of the said island, shall be restored in the same condition they were in when conquered by bis Britannick Majesty’s arms, provided that bis Britannick Majesty’s subjects who shall have settled in the said island, restored to Spain by the present treaty, or those who shall have any commercial affairs to settle there, shall have liberty to sell their lands and their estates, to settle their affairs, recover their debts, and to bring away their effects, as well as their persons, on board vessels which they shall be permitted to send to the said island restored as above, and which shall serve for that use only, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts or of criminal prosecutions: And for this purpose, the term of eighteen months is allowed to bis Britannick Majesty’s subjects, to be computed from the day of the exchange of the ratifications of the present treaty: but as the liberty granted to bis Britannick Majesty’s subjects, to bring away their persons and their effects, in vessels of their nation, may be liable to abuses if precautious were not taken to prevent them; it has been expressly agreed between his Britannick Majesty and lis Catholick Majesty, that the number of English vessels which shall have leave to go to the said island restored to Spain shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only; all the effects belonging to the English being to be embarked at the same time: it has been farther agreed, that his Catholick Majesty shall cause the necessary passports to be given to the said vessels; that for the greater security, it shall be allowed to place two Spanish clerks or guards in each of the said vessels, which shall be visited in the landing places and ports of the said island restored to Spain, and that the merchandize which shall be found therein shall be confiscated.

XX. In consequence of the restitution stipulated in the preceding article, bis Catholick Majesty cedes and guaranties, in full right, to bis Britannick Majesty, Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of North America, to the East or to the South East of the River Mississippi. And, in general, every thing that depends on the said countries and lands, with the sovereignty, property,- possession, and all rights, acquired by treaties or otherwise, which the Catholick King and the Crown of Spain have had till now over the said countries, lands, places, and their inhabitants; so that the Catholick King cedes and makes over the whole to the said King and to the Crown of Great Britain, and that in the most ample manner and form. His Britannick Majesty agrees, on bis side, to grant to the inhabitants of the countries above ceded, the liberty of Catholick religion: be will, consequently, give the most express an e most effectual orders that his new Roman Catholic subjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the Spanish inhabitants, or others who had been subjects of the Catholick King in the said countries, may retire, with all safety and freedom, wherever they think proper; and may sell their estates, provided it be to his Britannick Majesty’s subjects, and bring away their effects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of criminal prosecutions: the term limited for this emigration being fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. It is moreover stipulated, that his Catholic Majesty shall have power to cause all the effects that may belong to him, to be brought away, whether it be artillery or other things. XXII. Ali the papers, letters, documents, and archives, which were found in the countries, territories, towns and places that are restored, and those belonging to the countries ceded, shall be, respectively and bond fide, delivered, or furnished at the same time, if possible, that possession is taken, or, at latest, four months after the exchange of the ratifications of the present treaty, in whatever places the said papers or documents may be found.

Kennedy, William P. Statutes, Treaties and Documents of the Canadian Constitution: 1713-1929. Oxford Univ. Pr., 1930. https://www.canadiana.ca/view/oocihm.9_03428

Local Government in Nova Scotia

The local government history of Nova Scotia reflects a circuitous progression, from central control to increasing local autonomy and back again to centralized control. From its inception in 1605 with Port Royal, local governance was essentially an extension of central government, lacking elected councils or municipal institutions. Annapolis Royal saw early attempts at local government with the establishment of a civil council in 1720 and a general court in 1721. Halifax’s founding in 1749 marked a shift, with the establishment of Quarter Sessions, allowing for local governance with administrative and judicial functions. The system was influenced by both the Virginia and New England-style systems, with Quarter Sessions and an Inferior Court of Common Pleas.

New England settlers in Halifax demanded greater local self-government, leading to conflicts and eventual incorporation of Halifax in 1841 after a push by figures like Joseph Howe. Despite earlier attempts at incorporation, Halifax faced disallowance due to resistance from the Legislative Council. Meanwhile, outside Halifax, the Quarter Sessions system persisted until 1879 when county incorporation became compulsory, replacing the old system with elected municipal councils. Towns also sought incorporation, Dartmouth being the first in 1873, with eight towns incorporated by 1888.

Towns had to meet population and area requirements for incorporation, with mayors and councillors elected for two-year terms. The councils had broad powers, including taxation and infrastructure development. By 1954, Nova Scotia comprised 18 counties, 24 rural municipalities, 39 incorporated towns, and 2 cities, each with its own local government structure, independent of county or district authority. By 1961 Dartmouth became the third incorporated city.

Functions of local government expanded over time, responding to social and economic changes. Traditional roles included regulation and service provision, such as supporting the poor, maintaining roads, and education. However, more modern demands led to the development of new services like community planning, housing, and recreation.

Financially, municipalities initially relied on property taxes but faced challenges due to increased demands and inflation. Provincial assistance, through grants and shared responsibilities, became essential, especially during times of war and economic downturns. Tax rental agreements and conditional grants help fund services like education and social assistance, reflecting a shift towards greater Provincial and Federal involvement.

Since the 1996 amalgamation, which unilaterally consolidated several local entities into one unit, local government in Nova Scotia has undergone significant restructuring. The dissolution of distinct municipalities has reshaped the landscape, upending established institutions, the concept of local government itself and the constitutional frameworks upon which it relied.


Background:
Although there were no parliamentary institutions of any kind in the area during the French regime, local government of one sort or another has existed in Nova Scotia from the founding of Port Royal in 1605. It began not with elected municipal councils, nor with incorporated towns and cities, not even with the Court of Sessions or the Quarter Sessions. In its beginning it was essentially an extension of the arm of the central government.

…central administration at Annapolis Royal was modified and a measure of local government was provided. At Annapolis Royal a civil council was established in 1720 and a general court in 1721. The Acadians continued to choose their own deputies annually; Acadians acted as collectors of quit rents, notaries, herdsmen and overseers; and one Acadian (notwithstanding the difficulty over oaths of office) was commissioned justice of the peace in 1727. At Canso from 1720 there were justices of the peace, who were also usually captains of the militia there. Moreover, during his visits to Canso, Lieutenant-Governor Armstrong gave at least a semblance of local government to the place, by consulting the justices of the peace and a committee of the people there. “the least appearance of a Civil Government:’ he wrote, “being much more agreeable to Inhabitants than that of a Martial.”

Quarter Sessions:
With the founding of Halifax by more than 2500 people from the Old Country in 1749, the seat of government was transferred to it from Annapolis Royal, and soon a system of local government by Quarter Sessions was established in the new capital. This system had been in operation in England for a long time; it was now transplanted in Nova Scotia. The Court of Quarter Sessions, composed of Justices of the Peace appointed by the Governor and Council, enabled the central government to extend its influence into local affairs. The Quarter Sessions had administrative as well as judicial functions; these included the appointment of local officers; licensing of taverns; control over weights and measures; fixing of certain prices; levying of poor and county rates; and control over roads and bridges, prisons and hospitals, and other public works.

The first Justices of the Peace for the Township of Halifax were commissioned on July 18, 1749. In December of the same year justices of the County Court were appointed, and a commission of the peace for the appointment of justices of the town and county of Halifax was issued. The justices of the County Court took their oath of office on December 27, 1749. and the County Court met for the first time on January 2, 1750. Although the first records of the Quarter Sessions are not now available (few being extant prior to 1766), it is likely that the Quarter Sessions first met on the same day as the County Court. Thus it seems quite clear that the Quarter Sessions were established at Halifax early in 1750. A year later the people were given a direct voice in choosing certain minor town officers. On January 14, 1751 the Governor and Council ordered that the town and suburbs of Halifax were to be divided into eight wards, and that the inhabitants were to be empowered annually to choose eight town overseers, one town clerk, sixteen constables and eight scavengers, for managing such prudential affairs of the town as should be committed to their care by the Governor and Council. For several years the annual election of constables was the only part of local government in which the people directly participated, and this was afterwards taken over by the Quarter Sessions.

If settlers from Old England founded Halifax, people from New England soon constituted the most important element in the new town. They quickly arrived in considerable numbers, in order to take advantage of the opportunities in trade or of the privileges accorded to settlers. Jealousy soon arose between the New World and the Old World settlers. with those from New England insisting upon a greater measure of local self-government and upon the adoption of practices to which they had previously been accustomed. At the outset the government had been modelled after that of Virginia, and accordingly, a County Court, meeting monthly, had been established. By March 2, 1752, however, a change was made in line with New England practice. The County Court became an Inferior Court of Common Pleas, meeting not monthly, but quarterly, on the first Tuesday in March, the first Tuesday in June, the first Tuesday in September, and the first Tuesday in December. As the justices of the Inferior Court of Common Pleas were also Justices of the Peace, the Quarter Sessions opened the same day as the Inferior Court, and the same Jurymen attended both courts.

For a few years, until a House of Assembly was established in 1758, the Governor and the Council of Twelve at Halifax enjoyed a monopoly of power and patronage. At the first session of the Legislature, however, the Assembly (more than half of whose members were of New England origin) initiated legislation to provide a municipal council for Halifax. Rather than agree to this bill, the Council now prepared a bill of its own for erecting Halifax into a parish, with power to provide for its own poor. A conference between the two houses was held, and a compromise seemed to be reached; yet, when the Assembly embodied this agreement in a bill for choosing town officers for the town and suburbs of Halifax and for prescribing their duty, the Council continued to procrastinate. It apparently resented the Assembly’s initiative and early in the following year it rejected the bill on the ground that it was contrary to His Majesty’s instructions. It is clear that when machinery was provided in 1759 for township government in Halifax victory lay with the Council.

Strange to say, this machinery was provided by a bill entitled “An Act for Preventing Trespasses” [extended to Dartmouth in 1818 “An act to extend the provisions of c15 of 1761 relating to Trespasses, to the Town of Pictou and the Town Plot of Dartmouth, 1818 c23“, see also “For regulating the Dartmouth Common, 1841 c52“, “An Act for Preventing Trespasses“] which was introduced in the Legislative Council and afterwards amended by the Assembly and by the Council. It empowered a joint committee of the Council and Assembly to nominate four suitable overseers of the poor, two clerks of the market, two fence viewers, two hog-reeves, and four surveyors of highways for the town of Halifax to serve until the autumn when the Grand Jury should nominate, and their Court of Sessions should appoint their successors. Thereafter annual selections were to be made in this manner. This machinery became the model for township government in Nova Scotia until 1765, when the mode of appointing town officers was modified. At that time the Grand Jury, selected by lot, was empowered to nominate two or more persons for each office, and the Court of Sessions was empowered to choose and appoint the officers from these nominees. Subsequently, in 1811, it was arranged that the number nominated was to be as the justices in sessions might direct, “as the numbers before limited by law were found insufficient.”

The New England Form of Township Government:
For a brief period the New England form of township government, with the direct democracy of the town meeting, was in operation in part of Nova Scotia. It was introduced at the beginning of a substantial wave of New England migration in 1760. In an attempt to fill up land recently vacated by the Acadians or never previously occupied, the authorities had promised New Englanders central and local institutions similar to their own. Between 1760 and 1765 approximately 8,000 New Englanders migrated to the agricultural townships in the Annapolis Valley, along Minas Basin and across the Isthmus of Chignecto, and to the townships for fishermen and lumbermen along the South Shore. Those who arrived in 1760, accustomed to choosing their own officers and managing their own affairs, immediately inaugurated the same sort of township government in Nova Scotia. A provincial statute was passed to enable proprietors to divide their lands, and they appointed their own committee for this purpose until His Majesty disallowed the Act in 1761. [1760 c3, “An ACT, To Explain An Act, made and passed in the Twenty Third Year of His Majesty’s Reign, entitled, “An Act to enable Proprietors to divide their lands held in common and undivided”]

Screenshot from 2024 03 15 23 23 35
1760 c3, “An ACT, To Explain An Act, made and passed in the Twenty Third Year of His Majesty’s Reign, entitled, “An Act to enable Proprietors to divide their lands held in common and undivided”

The Extension of the Quarter Sessions:
The local autonomy and the direct democracy characteristic of township government in the new settlements were soon replaced by the extension of central authority and by the adoption of the principle of indirect rather than direct election. The British and Virginian way of Quarter Sessions prevailed over the New England style of township government.

In 1759 the province was divided into the five counties of Halifax, Annapolis, Kings, Lunenburg and Cumberland. Two years later, after His Majesty disallowed the act passed to enable proprietors to divide their lands, committees for that purpose were appointed by the Governor and Council. In the same year the judicial organization of Quarter Sessions and Inferior Court of Common Pleas that already existed in Halifax County was extended to Lunenburg, Kings and Annapolis Counties, and provision was made for the nomination of surveyors of highways by the Grand Jury at the General Sessions of the Peace. This mode of appointment was soon expanded to include all town officers that were chosen prior to the Act of 1765. It left the choice of the officers exclusively to the Grand Jury; but by the Act of 1765 the Grand Jury could only nominate two or more persons for each office, and then the Court of Quarter Sessions those and appointed the officers from those nominees. The central government regained control over the associated proprietors of the township by a statute prescribing that township lands could be apportioned and divided into individual shares, only after a writ had been obtained for that purpose from the Supreme Court. The provost marshal or his deputy, to whom this writ was to be addressed, had to act by inquisition of a jury in the presence of two Justices of the Peace. As new counties and districts were created, the Quarter Sessions extended into them. This system of local government by Quarter Sessions was the general mode in Nova Scotia for more than a century

Personnel In the Quarter Sessions:
In the Court of Quarter Sessions the sheriff, an appointee of the Crown, was the executive officer. Prior to 1778 there had been one provost marshal for the whole province; but thereafter there was a sheriff for each county. Until 1849 the county sheriff was chosen and appointed by the Governor and Council from a list of three names prepared by the Chief Justice or the presiding Justice. An amendment in 1849 provided for the list of three names to be made by the Chief Justice and a puisne judge for, if the Chief Justice were absent, by two puisne judges, acting with two members of the Executive Council. The Justices of the Peace were also appointed by the Crown, and they held office during the pleasure of the Crown. The Grand Jury was a select few who represented the people. It was composed of residents having freehold property of a yearly value of £10 or personal of £100. Each year the sheriff prepared a list of those qualified to serve, and at a stated time the required number of names was drawn from the box.

The Incorporation of Halifax:

[There have been at least three previous attempts to incorporate Halifax: one in 1758, as noted earlier in the Quarter Sessions section, another in 1785, and a third in 1814. However, each of these endeavors faced disallowance, either from the Legislature or the Legislative Council. In later historical accounts of Joseph Howe, one aspect that has notably been removed is his involvement in the push to incorporate Halifax. This involvement primarily revolved around his confrontation with the magistrates, which, within the framework of the existing Quarter Sessions system, represented the closest semblance to a municipal institution we would recognize today.]


Abuses crept into the system, and there were criticisms of its operation in Halifax. Grand Jury after Grand Jury attacked it; there were complaints of unfair assessment, of inefficiency and neglect in the collecting of poor, and county rates, and of other forms of maladministration. The Grand Jury appealed to the Lieutenant-Governor to remedy the situation, and he requested the House of Assembly to do so. Early in 1835 a letter signed “The People”, but written by George Thompson, charging the magistrates of Halifax with misconduct, was published by Joseph Howe in The Nova Scotian. Howe was then prosecuted for criminal libel; he defended himself in a famous trial, the outcome of which was a triumphant acquittal, establishing the freedom of the press and foreshadowing reform in local government. The cry for incorporation grew more insistent. Eventually the old system was swept from Halifax, with the incorporation of the city in 1841. By the charter of that year Halifax was endowed with municipal privileges and securities. This development in local affairs took place seven years before responsible government was won in the wider field of provincial politics in 1848.

An Interlude:
Outside the city of Halifax, the system of local government by Quarter Sessions persisted relatively undisturbed for over thirty more years. In 1850, however, there was an attempt to divide Halifax County into townships and to provide each of its townships with an elected warden and councillors, who were to assume the administrative powers previously exercised by the Justices of the Peace. But a bill to achieve these ends met the disapproval of the Colonial Secretary.

In 1855-56 two provincial statutes provided machinery for the creation of municipal government in counties desiring it by majority vote. The Act of 1855 applied to the Counties of Yarmouth, Annapolis, Kings and Queens; that of 1856 to all the other counties. These acts were permissive not compulsory. They remained on the statute book until 1879, but the fear of heavier county rates prevented any County from adopting the principle of incorporation during those years.

Another Act of 1856 permitted the voluntary incorporation of townships. The municipal council of each township was to consist of five councillors, one of whom was to be the presiding officer, under the name of town reeve. It was to have power similar to that of a county council over roads, poor relief, assessment, and other matters. Only one township-Yarmouth-took advantage of this legislation and ventured upon the experiment of municipal incorporation; and it abandoned it by a majority vote of the electors, after a three years’ trial, in 1858.

As time passed, however, the larger communities sought more amenities. In order to provide them, they began to request incorporation. Thus the towns seemed more eager than the counties to obtain the privileges of self government, and especially the privileges of assessing for local purposes and of borrowing money. Prior to 1888 eight towns were incorporated. These were Dartmouth, (1873), Pictou (1874), New Glasgow (1875), Windsor (1878), North Sydney (1885), Sydney (1885), and Kentville (1886), each of which was incorporated by special Act.

A New System: Elected Municipal Councils:
By the County Incorporation Act of 1879, the incorporation of counties was made compulsory, and the old system of local government by the Quarter Sessions was at last swept away. Its principal object was to compel the Counties to tax themselves directly to keep up their roads and bridges. It provided for the incorporation of every county and sessional district in the province. Each municipal council was to consist of a warden and councillors, with the warden being chosen by the councillors. From the enactment of this statute to 1892, councillors sat for one year; since 1892, however, their term has been three years. Six of the eighteen counties are divided into two districts, making in all twenty-four rural municipalities. These are divided into polling districts, each of which is entitled according to population to at least one representative in the council. The councils have power to assess for specified purposes, including education, the support of the poor, prevention of disease, administration of justice, court house and jail, protection from fires, and so forth.

The Towns Incorporation Act of Nova Scotia was passed in 1888, revised in 1895, and embodied in the consolidation of 1900 and the revised statutes of 1954. It requires a majority vote of the ratepayers of the town in support of incorporation before it can be granted. It also requires a certain population within a specified area-in 1954 a population of over 1500 within an area of not more than 640 acres was required for any new incorporation. A mayor and not less than six councillors are elected for each town. The mayor and councillors generally hold office for two years; but one-half of the council usually retires each year. The mayor and the councillors are eligible for re-election.

The council has power to assess, collect, and appropriate all sums of money required by the town for erecting, acquiring, improving and furnishing buildings for public schools, fire department, police office, lockups, town hall or other town purpose: streets, sewers, water, town courts, police, support of the poor, salaries, and other town purposes. It appoints town officers, excepting the stipendiary magistrate. Every part of the province is contained within a city, or a town or a rural municipality. The province is divided into eighteen counties. Twelve of the counties constitute separate municipalities; and the remaining six counties are divided into two districts or municipalities each making a total of twenty-four rural municipalities. In addition, there are thirty nine incorporated towns and three cities: Halifax (1841), Sydney (1904), and Dartmouth (1961.)

Each town or city is geographically but not politically part of a county or district, and except for joint expenditures is independent of it.

Local Government in Nova Scotia:
Local government as we know it, has arisen to meet the needs of the people. but it is something more than an agency designed to provide services and to regulate private interests for the public welfare. It has a theoretical foundation as well as a practical responsibility. It is closely linked with the democratic philosophy. Consequently it must be considered not only for its efficiency but also for its place in the democratic process. Local government contributes to the strength of democratic institutions; being close to the people it makes government more responsive to local needs and enables the citizen to participate actively in the affairs of the community. It also serves as a training ground in governmental practices and procedures for those who may later serve the province or the nation.

Structure:
The basic structure of the present system of local government in Nova Scotia must now be outlined. it rests upon the County Incorporation Act of 1879. the Towns Incorporation Act of 1888, and the special Acts by which the three cities were incorporated. It has some relationship to the earlier system of local government by Quarter Sessions, in that the Act of 1879 provided for the compulsory creation of 24 rural Municipalities, based on the boundaries of the Counties and Sessional Districts. Twelve of the eighteen Counties became separate Municipalities, while the remaining six were divided into two Municipalities each. Today there are 66 municipal units: 24 rural municipalities, 39 towns and three cities. These types of municipal units are similar in certain essentials. They are self-governing. Local matters are decided and local services are provided by elected bodies directly representative of the citizens. In addition, they have School Boards, which are chosen partly by the local Council and partly by the Governor-in-Council of the Province. But there are a number of differences. Although for administrative and electoral purposes all rural Municipalities are divided into districts, not all towns are divided into wards. Generally each district in a rural municipality elects one councillor, but some choose two, and a few return three each. In 1959 each of the 24 rural municipalities had from 4 to 24 districts, with from 8 to 26 councillors-a total of 323 districts, with 361 councillors. From late in 1961, however, the Municipality of the County of Halifax has 27 districts and 27 councillors. instead of 22 districts and 26 councillors as heretofore. Municipal councillors are elected for three-year terms.

On the other band, towns may be divided into wards (or electoral purposes, although such divisions are not compulsory. Thus, in 1959, only 11 of the 40 incorporated towns were divided into wards. According to the Towns Incorporation Act, each town must elect at least 6 councillors, each for a two-year term, with half of them retiring each year. If the town is divided into 3 wards, one councillor may be elected (rom each ward per year. Six of the towns are divided into three wards each. New Waterford, North Sydney and Sydney Mines, however, have 8 councillors and 4 wards each, while Glace Bay has 12 councillors and 6 wards. The eleventh 1959 town was Dartmouth, which then had 4 wards and 8 councillors; it has since been incorporated as a city.

Another difference is seen in the way in which Wardens and Mayors are chosen. The Warden of a Municipal Council is chosen by the councillors from among themselves, whereas the Mayor of a Town or a City is elected at large. The Mayor of Halifax, who is elected for a one-year term, may not immediately re-offer after having served for three consecutive years. The Mayor of Sydney is elected at large for a two year term, as is the Mayor of Dartmouth.
The three cities are divided into wards. Halifax now has seven wards; Sydney has six; and Dartmouth has seven. Halifax elects two aldermen for each ward on three-year terms, half being elected each year. Sydney elects a council of 12, half elected each year from six wards for a two-year term. Dartmouth has two aldermen for each of seven wards, half of them elected each year, each elected for a two-year term.

Villages may provide themselves with additional local services, administered by themselves rather than by the Municipal Council. This may be done under the Village Service Act or by special legislation, by incorporating village or service commissions for that purpose. Such villages and service commissions do not constitute separate municipal unit~; only the commissions are incorporated; and the village ratepayers still remain part of the municipality. Under the Village Service Act, the commissioners may provide street lighting, fire protection, sewers, water works. streets, roads, sidewalks, police, garbage disposal, parks, and village buildings. Service commissions incorporated by special legislation may provide fire protection, street lighting, or other services. At the end of 1960 there were 16 village commissions, incorporated under the Village Service Act, in operation, and about 20 service commissions incorporated by special Acts of the Legislature.

Within towns and cities there are a few instances of a similar nature. For example, in the City of Halifax the water utility is operated by an independent body; and in the towns of Bridgewater and Glace Bay water and electric services are provided in the same way.

The school boards of the cities, towns and municipalities are in no case elective, (except (or the. Town of Berwick,) but are appointed partly by the local councils and partly by the Governor-in-Council. Within rural municipalities prior to 1956 school trustees, incorporated, and operating for the provision of school facilities under the Education Act, had power to borrow money and to impose taxation. Since then, however, the dominant control over education in the rural municipalities has passed to the Municipal School Boards. Although school trustees still exist in the rural municipalities, they act generally only as a local agent for the Municipal School Board and they no longer have power to levy taxation or to borrow money. There are no school trustees within any town or city.

Certain joint services required by municipal and urban units-such as court houses, jails, and welfare homes, or offices for the sheriff, registrar of probate, and registrar of deeds are provided by rural municipalities for themselves and for the towns and cities within their limits. They are paid for, under a Joint Expenditure scheme, by which each unit pays a proportion of the cost.

Although each of the three cities in the province has a Mayor and a Council, Halifax has adopted a variation on the basic Mayor-Council theme, a form of the Council-Manager plan. It has not only a Mayor and a Council, but also a manager or executive director of all civic departments who is appointed by the Council.

Functions:
There has been an expansion in the functions of local government. In the old days the dominant idea was that government should only control and regulate the activities of citizens in the common interest. Two things, however, have caused substantial increases in municipal expenditures. One is the fact that social and economic changes in a rapidly moving world have created a demand not only for new services but also Cor higher and more expensive standards for those services that were previously provided by municipalities. The second is the effect of inflation upon all costs, municipal or otherwise.

The day of “the little red school house”, with one teacher for eight or ten grades, is about over. Instead we have large regional schools in central locations, costing sums of money which only a few years ago would have been regarded as astronomical, both to build and to operate, with fleets of buses to convey to school those pupils who live more than a mile or so away from it.

Another instance of the change in circumstances and in attitude is seen in the subject of transportation. The automobile and the motor truck have made paved streets desirable, if not necessary; the car driver and the truck driver of this generation regard them as necessary; the driver of the horse and wagon of the previous generation would have said that they were all very fine, but he couldn’t afford them.

Community planning, now universally regarded as necessary, is a comparatively recent development. Slum clearance and low rental housing provided by the municipality, with the co-operation of other levels of government, are now being undertaken. They were almost unheard of a few years ago.

All of these developments have created financial problems for the municipal governments. There has been an expansion of their work and of their outlay. This has resulted not only in the tax levy of Nova Scotian municipalities having been multiplied by four in less than twenty years, but also in assistance from the provincial government in two ways. One form of assistance is given by cash grants, some amounts being earmarked as direct aid for specific projects, and others being general grants without specified purposes.

The traditional functions of local government included both regulatory activities and certain services provided for citizens. Municipalities have always had a good deal to do with protecting persons and property, and the Municipal Acts all contain long lists of the specific kinds of regulation with which Councils may deal. For municipalities they range from regulating the firing of guns, the management of log booms, and the restraining of domestic fowl from going at large, to controlling brush burning, “abating all public nuisances,” and licensing “hack-men, waggoners and cart-men.” For towns and cities, they include regulating halls “for preventing accidents therein”; making building by-laws; fixing closing hours for shops; licensing restaurants and trades, gasoline pumps and swinging sign-boards; and preventing “unusual noises” and loitering. All of these regulations imply some curbing of freedom in the common interest. and failure to comply with them may involve legal proceedings and penalties. Of the traditional services the most important were the support of the poor, roads, and education.

Recent developments have produced changes even in the field of regulation, as well as in the sphere of services. There are now “truck-men” in addition to “hack-men waggoners and cart-men.” “Automatic machines” have been added to the list of licensed games. Towns and cities have had to be given power to control parking and, in many cases, to install parking meters. In general, however, the lists of kinds of regulation have remained much the same. Certain phases of law enforcement, including court houses, jails, or lock-ups, besides police and other personnel, are also the responsibility of municipalities.

If social and economic changes have affected the regulatory functions of municipal governments, they have greatly increased the demands of people and tremendously expanded the social services. The community is called upon to do many things to improve the health, the welfare and the comfort of its citizens. Local government is therefore concerned with the improvement of the social, cultural and recreational environment in a wide variety of ways. These include adult education, public libraries, traffic police for schools, public concerts and plays, auditoriums, parks and playgrounds, swimming-pools and rinks, health clinics, juvenile courts, housing and slum clearance. There is a growing consciousness of the need for community planning and for zoning. Urbanization and suburbanization, and the emergence of metropolitan areas, have their attendant problems. These raise questions as to whether they are to be dealt with by annexation, by the co-operation of two or more units in matters of mutual concern, or by other means.

Although Nova Scotia passed its first planning Act as early as 1912, municipalities for a variety of reasons proceeded slowly with the work of planning. The Act was completely revised in 1939. Amendments passed in 1956 provided for planning on a regional rather than on a strictly municipal basis. Interest in the field of planning is increasing and a beginning has been made in regional planning with the formation of three Metropolitan Planning Commissions (to August 31,1961). These are (1) the Richmond Inverness Metropolitan Planning Commission, including the Town of Port Hawkesbury and the adjoining southern portion of Richmond and Inverness Counties; (2) the East River Valley Planning Commission, including the Towns of New Glasgow, Stellarton Trenton and Westville, and the adjoining area of the County of Pictou; and (3) the North Side Metropolitan Planning Commission, including the Towns of North Sydney and Sydney Mines and the adjoining area of the County of Cape Breton. Subdivision regulations to enable better control by Planning Boards over subdividing have been enacted for eleven municipal units. The number of municipal units having zoning by-laws is increasing. In the field of housing and urban redevelopment, the City of Halifax began construction of low rental housing about ten years ago, and it has recently completed a survey for slum clearance and embarked upon this project.

Finance:
When municipalities were created, they were obliged to collect money to pay for the services which they provided, including roads and bridges, education and the support of the poor. For those purposes they had to resort to the direct taxation of real and personal property. It was their aversion to this sort of taxation which delayed the establishment of municipal self-government.

For some time there was criticism of the new system in some of the municipalities. But generally they seemed to get along fairly well with the revenue from taxation on real and personal property. The services they provided were neither elaborate nor expensive, though they were reasonably adequate for the demands of the day. By the County Incorporation Act of 1879 the management of the road and bridge service was transferred to the municipal councils instituted by the Act. At that time the Provincial Government reduced its expenditure on this service and left it up to the new municipal councils to maintain the former standards by supplementing that amount out of their own revenues. Eventually this dual control proved impracticable; in 1907 the Province reassumed the expenditure of all provincial moneys for roads. For another ten years the municipal councils continued to look after the statute labour on the highways, and then they lost that control when this was ended. The coming of the automobile had created the need for change. Greatly improved highways were necessary, and the Province began to assume responsibility for this service. At the outset the Province asked the rural municipalities to make a contribution towards the cost of highways based on a fixed rate of taxation on their assessments. This provided about $250,000. In 1961, however, for highways of the standard now in existence the Legislature has appropriated $15,000,000 for maintenance and improvement, to be raised by taxation, and an additional $16,000,000 for construction, to be raised by borrowing.

If the coming of the automobile caused a change, other changes were made by the depression of the thirties and by the second World War. The depression led to a greater measure of planned regulation and to a continuing drive for a more adequate system of social services. During the war municipalities did very little in the way of capital construction or expansion of services. It would have been regarded as unpatriotic to enter the money market to borrow money j that was left for the Dominion in order to ensure necessary financing for the war. It would also have been regarded as unpatriotic to enter the labour market or to purchase material; those also were reserved for war purposes. Consequently, when the war ended municipalities found it necessary to undertake the immediate replacement of some of their capital assets. The attitude of people had also changed. No longer were they satisfied with the type of service previously provided by municipalities; they now wanted better services sometimes much better services, and handsomer buildings, including finer buildings to accommodate a larger school population. They wanted all the streets in the municipality to be paved. With the construction of many new houses, there was also a corresponding increase in the demand for water, sewer and other services which these require.

Along with new demands went higher costs. Inflation had arrived, and seemed to be here to stay. Everything the municipalities bought or built cost a great deal more than it would have cost before the war. But if costs had changed, so had the attitude of the people. All this meant that the municipalities had to provide increasingly large sums of money, and they declared that they were unable to do so from the traditional taxes on real and personal property. If these services were to be provided then the Provincial or the Federal Government would have to help.

Even earlier, as we have seen, the Province had assumed responsibility for highways. There had also been increasing Provincial participation in school administration from 1864-65, when a free school system, supported by compulsory assessment, bad been established in Nova Scotia. Estimates for the fiscal year ending March 31, 1962 require the Province to pay over $23,000,000 towards the cost of education.

The system of unconditional or unspecified grants made by the Province to the municipalities is of quite recent origin. It also arose during and because of the war. Prior to 1942 the municipalities had the right to levy a tax on income, though it had not been used a great deal in Nova Scotia. Then as the Dominion required large sums of money for war purposes, an agreement was made in 1942 between the Province and the Dominion, under which the Province for itself and for the municipalities withdrew from the income tax field so as to leave it to the Dominion alone. This was the first of what are sometimes called “tax rental agreements.” Under that 1942 agreement, the Dominion made certain payments to the Province. In order to compensate the municipalities for their potential loss because the income tax had been taken from them, the Province made cert.1.in grants to them. The major part of the grants now being paid by the Province to its cities, towns and rural municipalities is based on population. The total of these grants for 1961 is approximately $1,000,000.

Grants for specified purposes are also being paid by the Province to the municipalities in a number of fields. Those for education have already been mentioned. Another example is social assistance (formerly called “poor relief”) in which the Province and the Dominion together pay a total of two-thirds of the cost, provided certain standards are met and certain specifications are followed. Similar assistance is made to the county homes, as long as the stipulated standards are maintained. In the operation of county mental hospitals (formerly called “local asylums”), the Province pays one-half the cost, if the required standards are met. The public health scheme under which free hospital care is now provided to the general public has relieved the municipal units of practically their entire expenditure for this purpose.

Notwithstanding the greatly increased participation by the Province in these services, the municipalities have also expended increasingly large sums upon them. Their disbursements on education rose from a little over $3,000,000 in 1943 to a net total of approximately $16,600,000 in 1959. Their total tax levy increased from $8,306,543 in 1942 to $13,620,650 in 1949, and then to $31,626,165 in 1959. Their total general revenue, excluding joint expenditure boards and district or area rates, was $41,560,135 in 1959. Of that amount, about $31,000,000 was raised by taxation, while sums of $2,132,245 and $3,530,607 were received from the Federal and Provincial Governments, respectively.

It is clear, from the increased levy by the municipalities and from the increased participation by the Province and the Dominion, that the cost of providing the public with what were formerly known as municipal services has shown a very great increase indeed.

“Local Government in Nova Scotia”, Fergusson, C. Bruce. 1961. The Institute of Public Affairs, Dalhousie University. https://dalspace.library.dal.ca/handle/10222/11024

Nova Scotia Gazette, Nov 21 1765.

Halifax Gazette

Since few of these old newspapers are properly scanned with OCR, being multiple columns of faded text, I’ve done my best to transcribe what seemed to be the most interesting parts of this edition. It contains a number of references to the Stamp Act as well as news from the other colonies, one being a letter from Benjamin Franklin’s son William.


The Nova Scotia Gazette: Containing the freshest Intelligence, foreign and domestic. From Thursday, November 21, to Thursday November 28, 1765. Price six pence single.

Halifax Gazette

Thoughts on Various subjects:

  1. Party is the madness of many for the gain of a few.
  2. To endeavor to work upon the vulgar with fine sense, is like attempting to hew blocks with a razor.
  3. A man should never be ashamed to own he has been in the wrong, which is but saying, in other words, that he is wiser today than he was yesterday.
  4. Our passions are like convulsion fits, which though they make us stronger for the time, leave us weaker after.
  5. A brave man thinks no one his superior who does him an injury, for he has it then in his power to make himself superior to the other, by forgiving it.
  6. To relieve the oppressed is the most glorious act a man is capable of; it is in some measure doing the business of God and providence.
  7. Superstition is the spleen of the soul.
  8. Atheists put on a false courage and alacrity in the midst of their darkness and apprehensions; like children, who, when they go in the dark, will sing for fear.
  9. An Athiest is but a mad ridiculous derider of piety: but a hypocrite makes a sober jest of God and religion; he finds it easier to be upon his knees, than to rise to do a good action; like an impudent debtor, who goes every day and talks familiarly to his creditor, without ever paying what he owes.
  10. When men grow virtuous in their old age, they only make a sacrifice to God of the devil’s leavings.
  11. When we are young, we are sensibly employed in procuring something whereby we may live comfortably when we grow old; and when we are old, we perceive it is too late to live as we proposed.
  12. People are scandalized if one laughs at what they call a serious thing. Suppose I were to have my head cut off tomorrow, and all the world were talking of it today, yet why might not I laugh to think, what a bustle is here about my head?
  13. A man of wit is not incapable of business, but above it. A sprightly generous horse is able to carry a pack saddle as well as an ass, but he is too good to be put to the drudgery.
  14. Whereever I find a great deal of gratitude in a poor man, I take it for granted, there would be as much generosity if he were a rich man.
  15. Flowers of rhetoric in sermons, and ferocious discourses, are like the blue and red flowers in corn, pleasing to those who come only for amusement, but prejudicial to him who would reap the profit from it.
  16. When two people compliment each other with the choice of anything, each of them generally gets that which he likes least.
  17. He who tells a lye, is not sensible how great a task he undertakes, for he must be forced to invent twenty more to maintain that one.
  18. Giving advice is many times only the privilege of saying a foolish thing one’s self, under pretense of hindering another from doing on.
  19. ‘Tis with followers at court, as with followers on the road, who first bespatter those that go before, and then tread on their heels.
  20. False happiness is like false money, it passes for a crime as well as the true, and serves some ordinary occasions; but when it is brought to the touch, we find the lightness and alloy, and feel the loss.
  21. The vanity of human life is like a river, certainly passing away, and yet continually coming on.
  22. I seldom see a noble building, or any great piece of magnificence and pomp, but I think, how little is all this to satisfy the ambition, or to fill the idea, of an immortal soul?
  23. Is is with narrow souled people, as with narrow neck bottles; the less they have in them, the more noise they make in pouring it out.
  24. Many men have been capable of doing a wise thing; more a cunning thing; but very few a generous thing.
  25. Since it is reasonable to doubt most things, we should most of all doubt that reason of ours which would demonstrate all things.
  26. To buy books as some do who make no use of them, only because they were published by an eminent printer, is much as if a man should buy clothes that did not fit him, only because they were made by some famous taylor.
  27. It is as offensive to speak within a fool’s company, as it would be ill manners to whisper in it, he is displeased at both for the same reason, because he is ignorant of what is said.
  28. Old men, for the most part, are like old chronicles, that give you dull but true accounts of times past, and are worth knowing only on that score.
  29. Men are grateful, in the same degree that they are resentful.
    The longer we live, the more we shall be convinced, that it is reasonable to love God, and despise man, as far as we know either.
  30. That character in conversation, which commonly passes for agreeable, is made up of civility and falsehood.
  31. An excuse is worse, and more terrible than a lye, for an excuse is a lye guarded.
  32. Praise is like amber grease, a little whiff of it, and by snatches, is very agreeable; but when a man holds a whole lump of it to your nose, it is a stink, and strikes you down.

Short Rules for conversation:

  1. To deceive men’s expectations generally argues a settled mind, and unexpected constancy as in manner of fear, anger sudden, joy, grief, and all things that may affect or alter the mind, on public or sudden accidents.
  2. It is necessary to use a steadfast countenance, not wavering with action, as in moving the head or hand too much; which shews a fanatical light, and fickle operation of the mind; it is sufficient, with leisure, to use a modest action of either.
  3. In all kinds of speech, it is proper to speak leisurely, and rather drawingly, than hastily; because hasty speech confounds the memory, and often drives a man to nonplus, or an unseemly stammering, whereas slow speech confirms the memory, and begets an opinion of wisdom in the hearers.
  4. To desire in discourse to hold all arguments is ridiculous, and a want of true judgement; for no man can be exquisite in all things.
  5. To have common places of discourse, and to want variety, is odious to the hearers, and shows a shallowness of thought; it is therefore good to vary, and sort speeches to the present occasion; as also, to hold a moderation in all discourse, especially of religion, the state, great persons, important business, poverty, or anything deserving pity.
  6. A long continued discourse, without a good speech of interlocution shows slowness: and a good reply, without a good set of speech, shows shallowness and weakness.
  7. To use many circumstances, before you come to the matter, is wearisome; and to use none at all, is blunt.
  8. Bashfulness is a great hindrance to a man, both in uttering sentiments, and understanding what is proposed to him; it is therefore good to press forwards, with discretion, both discourse and company of the better sort.

True Virtue, What

That man is truly virtuous, who is neither proud in good fortune, nor abject in bad; who desires nothing but heaven, and fears nothing but the loss of it; who avenges affronts with favours, and injuries with pardon, who is severe to himself, and easy to his neighbour, who speaks well of all but himself, and never pardons his own defects, nor censures those of his brethren. In a word, do good, and fly from evil, is the sum of your duty. This is virtue in short hand, perfection in epitome, and heaven in reversion.


Approved Receipts

Thick ginger bread: A pound and a half of flour takes up one pound of treacle, almost as much sugar, an ounce of beaten ginger, two ounces of caraway seeds, four ounces of citron, and lemon peel candied, the yolks of four eggs; cut your sweet meats, mix all, and bake in large cakes, on tin plates.

To make a rice pudding: Grind, or beat half a pound of rice to flour, mix it by degrees with three pints of milk, and thicken it over fire with care, for fear of burning, till it is like a hefty pudding; when it is so thick, pour it out, and let it stand to cool: put to it nine eggs (but half the whites) three or four spoonfulls of orange flower water: melt almost a pound of good butter, and sweeten it to your taste. Add sweetmeats, if you please.



American Intelligence: Burlington New Jersey, Oct 5 1765.

Whereas a report has for some time past been circulated, that the governor of this province received the letter sent by the speaker of the general court of Massachusetts Bay, to the speaker of the assembly at New Jersey, detained it in his possession till the last day of the late meeting at Burlington, and, by his Management, prevailed on the assembly, not to accept of the invitation to send commissioners to New York. And whereas a Paper has been printed & published at Philadelphia, positively asserting,

“That the Governor of New Jersey has made strong efforts to subdue the spirit of liberty in his government, and arbitrary refuses to give his assembly an opportunity to join the other assemblies in decent remonstrances against the stamp law, although nine tenths of the people of the Jerseys now vehemently desire it. Nor does he confine himself to his government alone, but by assistance of Mr G_____y, is said to have practiced on the eight members of a certain county, not very remote from him, in order to get them to carry a vote against sending commissioners to New York, that the Pennsylvania Assembly might thus keep the Jersey one in countenance.”

Now this is to assure the Publick, that so far from having received and detained the above mentioned letter, I have not even yet seen it; that I never heard of any such letter being sent to, or received by, the Speaker, till the Day after the House had finished their business, and were prorogued, when I was told that they had it under consideration and had ordered an answer to be wrote at the table, acquainting the speaker of Massachusetts, that they unanimously declined complying with the proposal from the assembly of that Province, nor was the said answer ever shewn to me, though wrote the 20th of June last, until some time in the beginning of September. That from the last sessions to this present time, not a single member of the council, or house of representatives, nor any other person whatever in the province, has desired me to call another meeting of the assembly. That it is well known to several of the representatives, that I have so often declared I would always, if in my power, give the House an opportunity of meeting, when the speaker and nine or ten members should represent to me that the Business of the Publick made it necessary, -And I do likewise aver, that so far from my having practiced on the eight members of Bucks County, in order to get them to carry a vote against sending commissioners from Pennsylvania to New York, I have not, to my knowledge, seen one of them these two years past; nor have I, either through Mr Galloway or otherwise, had the least connection or correspondence with them, or any other person in the county, on any subject whatever. Nor have I, either to Mr. Galloway, or to any one Man in Pennsylvania, given the least intimation that it would, or would not, be agreeable to me, that the Assembly of that Province should send Commissions to the intended Congress.

I should not have thought it necessary to give this public Refutation of the falsehoods contained in the report and papers above mentioned, had they not been propagated and published with a view of taking advantage of the present commotions to excite a difference between me and a people for whom I have a great regard, and with whom I have lived in uninterrupted harmony ever since my arrival in the government. And I cannot help expressing my surprize that Mr. Shippen, the Deputy Governor’s Secretary, Mr. Chew, the Attorney General, and others of the principal Officers of the Government of Pennsylvania, could have given their public countenance to such a flagrant piece of injustice. This they did (as I am credibly informed) by employing the Clerk of the Court to read aloud the Paper above quoted to a large Number of people collected by their Agents for the Purpose and signifying their Approbation by loud Huzzas at the Close of every paragraph.

As to what is contained in the said Paper relative to my father’s being concerned in the planning and promotion of the Stamp Act, it is grosly false, and consequently a shameful imposition on the people. Not a Gentleman of the Proprietary Party, even among those who scruple not, can, I am convinced, be found so hardened as to avow in print, with his Name subscribed, that he believes is to be true, or to undertake to produce any Proofs in its Support. ___ My father is absent ___ but he has left Friends enough on the Spot, who are both capable and willing to clear him from any aspersions which the malice of the propriety party can suggest. To these friends I leave the defense of his reputation, if it can need any, being determined to concern myself no farther with the Disputes of Pennsylvania than as they relate to my character, or have reference to the public transactions of this Province.

WILLIAM FRANKLIN


From the Boston Post Bay, and Advertiser.

To the Printer, Sir, You desired in your last that ‘some Barrister or other capable gentleman would give the public ‘a definition of treason.’ I am no Barrister, nor do I pretend to be able to give a precise definition of this extensive term, agreeable to Magna Carta or the British Constitution, much less to enumerate all the senses in which it has of late been used. However if you please publish the following, which tho’ it is not a logical, is at least a formal Definition of it.

Negatively.

  1. It is not Treason to say the inhabitants of the North American colonies are Englishmen.
  2. It is not Treason to assert that Englishmen have rights of which no power on earth can justly deprive them.
  3. It is not Treason in Englishmen to be sensible when they are oppressed, and detest the authors of their oppression.
  4. Neither is it Treason in them to complain of their grievances and expose the wicked instrument of them:
  5. It is not Treason in any subject or body of subjects to declare what they apprehend the rights of Englishmen to be, at least when they assert none to be such but what evidently are.
  6. It is not Treason in any Legislature to pronounce declare and resolve, that those are Enemies to their country who assert and maintain doctrines diametrically opposed to the fundamental principles of the constitution.
  7. It is not Treason to suppose the most August Assembly upon Earth may be mistaken.
  8. It is not Treason to attempt to convince them of their mistake.
  9. It is not Treason to say no man can be taxed, agreeable to the British Constitution, without his consent.
  10. It is not Treason to say no man can give his consent to that which was never proposed to him or his representatives.
  11. It is not Treason to be unable to conceive how a country can in any sense, be said to be represented in an assembly where none of the members are of its election.
  12. It is not Treason so say, that all the Parts of a community are not equally free where one Part is subject to the arbitrary Power and Tyranny of another.
  13. It is not Treason in any Country charged with heavy and unconstitutional Taxes, after suitable and ineffectual Petitions Remonstrances, Struggles and efforts, to betake itself to the only possible method of paying them and subsisting – that is to say
  14. It is not Treason in the American Colonies to break off Commerce, which if carried on will inevitably prove their Ruin.
  15. It is not Treason to wish Great Britain could see what is for her own interest.
  16. It is not Treason to proceed as follows.

Affirmative

  1. To attempt the Subversion of the most happy constitution upon earth, is Treason.
  2. To assert and maintain that the King is not to rule for the good of his subjects, is Treason.
  3. To say the king is not bound to govern by the laws, is Treason.
  4. To maintain that the king and parliament may exact laws contrary to the fundamentals of the constitution, is Treason.
  5. To say the king is not bound to yield obedience to such laws, is Treason.
  6. To say the king is not bound to fulfil his engagements to his subjects is Treason.
  7. therefore to dissuade him from it, is Treason.
  8. To insinuate that the subject can never know what to depend on from Royal Grants, and Charters, is Treason.
  9. To make one part of his Majesty’s liege Subjects slaves to the rest, is Treason.
  10. To attempt to disaffect a great and important part of his majesty’s subjects to his Government, is Treason.
  11. To represent a virtuous and loyal people as villains and traitors, is Treason.
  12. To insinuate that the King and Parliament will be deaf to the just and grievous complaints of any of their oppressed subjects is treason.
  13. For the subject tamely to give up his Rights when it is in his power to avoid it, is Treason.
  14. Therefore to be loyal according to some people sense of the word is the blackest of Treason.
  15. To use arguments for the enslaving one part of his Majesty’s Dominions which equally tend to the enslaving of the whole is Treason.
  16. All Rebellion (which is no other than dissolving the peaceable Bonds of society by breaking over the fundamental laws of the commonwealth) whether in ruler or people, is high Treason.
  17. To aid assist abet or comfort (i.e. flatter and cringe to) Traiterers, is Treason.
  18. Whoever attempts either directly or indirectly, by himself or his substitute to introduce French politicks into the Realm of England or any other part of his Majesty’s Dominions is a Villain, a Parricide, and a Traiter.

On taking the great Guns at the Havannah, called the Twelve Apostles. By a lady.

England, for martial deeds renown’d, Has many a trophy got; And from where’er the Sun goes round, has wealth and glory brought. A great conquest now she gains, Then got by all her battles, For George the Thrids, so Fate ordains, Has won the twelve apostles. Him, Church’s Head, the pope now owns, To be without restriction, Since now he’ll give his Catholic Sons Apost’lic Benediction.



London, to the printer, Bread at seven pence three farthings the quartern loaf, and wheat rising every day!

Gentlemen, what think ye of it now? Ye advocates for exportation! Ye scoffers and deriders of the poor! Have ye bent the bow enough? Or will it bear stretching a little farther? Will it bear a good deal? Are ye not afraid of its bursting? Are ye not determined to try the utmost pitch? Then burst it must, and take the consequence. God preserve the innocent and just; let the guilty receive the due reward of their deeds! The cry of the poor having reached the ear of Government, some progress was made towards redressing their grievance, and supplying their hungry families with bread, at the first motion of the infernal hydra, the devouring mother called engrossing , trembled and shook, crouching under the dreadful hand lifted up against it; ready to lick the very dust, and to cease from its rapacious depredations? When alas! By some strange fatality, the decisive blow was withheld, and the wild beast retired unhurt, more audacious than ever, bidding defiance to government, eluding the vigilance of the subordinate officers, trampling upon undistinguished multitudes, devouring some, maiming others, distressing and disturbing the whole community, without intermission. Such is the wild beast, that has been let loose in England, and kept loose by some hands, who shall now be nameless, Those who saw the monster trembling under the potent hand of justice, and averted the blow, are accountable at least to God (if above the reach of man) for all the outrages and calamities it has brought, or may bring upon their Country.

In Turkey, if a famine threatened the land, and an Aga, a Busbaw of three tails, or even the Grand Vizier, should stand up to oppose any salutary means of averting a dearth or famine; all the Signiors’s despotic power could not protect him from the fatal consequences of the vindictive indignation of an injured, exasperated people. The bow string would soon consign him a lifeless victim into the black sea, to appease the furious vengeance of the enraged multitude! What shall we say then? Can the sons of liberty only stand still, and tamely see the bread torn from their tender wives, and helpless offspring perishing with hunger, to feed their rivals and enemies? Can they bear this with silent grief and stupid astonishment, without murmuring or decent complaining? Shall a band of Janizaries, the tools of despotic power, surrounding the Ottoman throne, dictate terms to their haughty master, on pressing occasions? And shall a nation of freemen, armed with every privilege of constitutional freedom, be totally destitute of the means to procure redress from the greatest grievance imaginable? Then may the Gaul, the Spaniards, and even the Turk, ridicule our fine spun notions of liberty starving, while they eat the bread out of our mouths? Britons, patriots undistinguished by partial knavish names, true lovers of your country, in whose honest breasts there yet remains undistinguished some parks of Attic fire, and true Roman virtue; stand up in your places, ye who are not in combination against the public welfare; shew yourselves in word and action, in every vigorous constitutional measure tending to the relief of the poor and industrious; pour out your whole souls! Exhaust your whole fund of eloquence! Leave no constitutional measure untried, until conviction shall pour irresistible upon gainsayers, and avarice itself be convinced of this great truth, that starving the present generation of poor Laborers and mechanics, does not tend to the permanent benefit of the present race of rich and their posterity. A FRIEND of the POOR.


Essay on Tea. Non anno Te—- Mart

It is certain that the poor people in England diminish there little pitance of income, and hurt their health, by indulging themselves in this expensive orimental luxury. They have now their nervous distempers; which, till within this century, were the sole prerogatives of the rich, idle, and luxurious. I see no abatement in tea drinking, though corn and meat are extremely dear. A day laborer, who earns but 5g. a week at this time of the year, in the country, and whom we suppose to have a wife and family must expend 3s. and 6d. in bread only for he cannot afford to buy meat. Thus supposing he has work, and is able to work their remains but 18d. a week to buy cloaths, candles &c.

Now supposing that this poor, honest, laborious drudge’s wife drinks tea, (and it is fifty to one but she does) that will amount to 7d. a week more; even though she be as great economist as she pleases; -and then we cannot allow her sugar nor buttered toast. Add to this the loss of time, and a certain lowness of spirit which calls for a [indecipherable], is she has an odd penny in her pocket. Hence come less of appetite, and an enfeebled constitution, and thus population is injured.

We compute in England five millions and a half of people, and, out of these three millions at least drink tea. One shilling a year upon each head, amongst the poorer sort, would (I trust in God) amount to a prohibition, We then suppose there will remain tow millions of tea drinkers, and let them pay annually 5g. a head and this will amount to 500,000 l. a year; and then tax upon their candles, or leather, or the new additional tax upon malt might be taken off. These three are properly the poor’s taxes. I am not writing here to enrich an exchequer, but to preserve it as rich as it was before, and ease the working and laborious poor. We can bleed no farther in the discussion of taxes, except they are sumptuary ones. Too heavy a tax upon malt, is the most unkind of all taxes, except upon meat. A draught of cheap good ale is heaven’s cordial to a hard working man.

But it will be objected, that a tax upon tea will hurt the colonies in their sugar trade. Agreed; in that one branch it may, but though England is a parent (and an indulgent parent) to her colonies, yet she is not oblidg’d too [indecipherable] them at the expence of her won children at home.

France has acted wiser than we have done in respect to tea? Though she has her sugars, yet she does not like the original burying her money in an East India gulph; and I dare appeal to such travellers as know England and France well if they do not believe, that more tea is used, every year, in Bristol and Bath only (or in any other English places of that size) than in all France.

France, in one respect, is the best governed nation in the world; for the French can make any thing fashionable at home, which is for the good fo their King & country; France, in the long run may be mistress of Europe, She lost money by keeping Canada. What what did she give us? A farm of Million of acres, knowing well at the same time, we had but one team of oxen to plough with. A few colonies are a blessing to a trading and maritime nation; over extensive ones (I speak at least problematically) may be hurtful. When colonies become large and populous, they may set up for their own manufacturers, or like [Indecipherable], wax fat and kick.

The peopleing of colonies is not so advantageous as most men imagine. Let us suppose twenty thousand men, and as many women (at an age of child getting and child bearing) to be sent from any mother country to a colony. The men at thirty pounds a man, are worth, fix hundred thousand pounds at home; and the woman, at ten pounds a head, are worth two hundred thousand pounds. Add to this, that the population, rising from these people in one century (and the depopulation consequently at home) will amount at least to two hundred thousand souls. Such are the expences of colony settlements. Now a political, frugal, and industrious nation can spare but a certain number of people. War, navigation, fisheries and colonies should only have one person out of nine or ten. France aims to be a compact bouy: She sets herself to promote agriculture, and population at home; and one time or other the asps nest will be so full, that they will take the liberty to settle themselves and make new nests in some neighbours fields. Sir, Your’s, Philo Rygis & Philo Patriae.


FORIEGN AFFAIRS. LONDON. July 18.

We are informed, since the Plantation Agents have taled in opposing the intended duty on American stamps, a motion is preparing to be made in the house, that the commissioner for the receipt of this duty may be appointed from the natives of each province, where the tax is to take place. The payment of a certain bounty or the importation of bugles is resolved on, for the better supply of the foreign trade. Certain regulations for the more effectual supply of the foreign trade. Certain regulations for the more effectual supply of the African export trade, buy a new contract with the East India Company, is resolved on. An account of the quantities of woolen and woolen yarn imported into Scotland from Ireland for the last fourteen years, distinguishing each year, with the ports to from which the same were imported and exported, is erected to be laid before the House. The usual bounty on the exportation of corn, &c. from England to the Isle of Man, is going to be discontinued. A petition from the boroughs of Leicester and Derby has been presented to parliament against the exportation of wheat and flour. We hear a parliamentary aid will be granted this sessions for building over the Tay in Scotland, which the Magistrates and Town Council of Perth have represented by petition will be a means of civilizing the Northern Highlanders of that kingdom, and of general benefit to trade. We are assured that the qualifications of all Proprietors of East India Stock will be regulated and fixed this session of parliament. On a late review of the fortifications in the British West India islands, upwards of five hundred pieces of iron ordinance were found to be useless and [indecipherable], which have since been replaced by sufficient artillery from England. We are well assured, that all the turnpike roads in the county of Kent will be immediately repaired. They write from Devonshire and Southampton, that several farmers in those counties are going to convert their orchards into hop ground being determined to make no more cyder or perry for the future. It is said that tow thousand pounds is the form allowed by authority, towards making experiments for discovering the Longitude at sea, over & above the reward offered for the discovery of it. Yesterday morning some hundred yards of foreign silk ribbon were seized at a Toy shop in New Send Street. It is said that application will be made to parliament to oblige Agents for prize money the property of his Majesty’s land forces to account for what forms are remaining in their hands unclaimed within a limited time.



Boston: Extract of a letter from Piscataqua.

Whatever different interests there may be, among the several province and colonies in North America, it is certain they are all firmly united in this single point, namely, to make a more opposition to the stamp act, which is justly accounted destructive of English Liberty both in Great Britain and all the American plantations. However, by letters from your Metropolis, we are informed that many among you are of opinion, that however our chief may stand effected most of our people are for tamely submitting to the reasonable hardships of the Act. In this I can inform you with great certainty, that you are mistaken. For though in the days of yore, when you’d enquire [indecipherable] it was confidently said in Boston, that the people of New Hampshire had but one privilege left them, which was a negative one not to be sold for slaves, we can now assure you, we have a more noble relish for British Liberty. Accordingly, when our Stamp Master arrived among us, had he not humbled himself, and made consideration, and solemly promised to renouce the detestable employment of distributing the stamp papers, he would immediately have felt the warm resentments of our inraged people. You have liberty to communicate these things to the public, that all North America may know the general sentiments of this province, not to submit to the Stamp Act, or to any other unconstitutional imposition.

Halifax November 28. Last Friday arrived here Capt. Allen in the Gaspee Cutter, from New York, but last from Piscataqua, who met with a storm, which carried away her bowspirit. Entered inwards, none. Cleared outwards, Sloop Sally Dunning, Virginia & North Carolina. Sloop Charming Nancy, Mullowney, Philadelphia. Sloop Nibby, Godfrey, Lisbon. Brig Chance, Brown, Liverpool G. Britain.

HALIFAX, (in NOVA SCOTIA) Printed and sold by A. Henry, at his printing office in Sackville Street, where all Persons may be supplied with a whole sheet of this paper at eighteen shillings a year, until the publisher has an 150 Subscribers, when it will be no more than twelve shillings. Advertisements are taken in, and inserted as Cheap as the Stamp Act will allow.

Nova Scotia Gazette, [Halifax, NS] Thursday Nov 21-Thursday November 28, 1765 https://news.google.com/newspapers?nid=4p3FJGzxjgAC&dat=17651121&printsec=frontpage&hl=en Accessed July 3, 2021.

Census, Township of Dartmouth, 1767

1767 Census

Dartmouth Township:

Numbers in each family: 19 men, 7 boys, 1 [black] man, 11 women, 1 girl.

Total persons in the township: 39.

Religion: 30 Protestant, 9 Roman Catholic. Country: 13 English, 9 Irish, 8 Americans, 9 German & other foreigners.

Stock and Substance: 14 horses, 1 Oxen & bulls, 6 cows, 2 young neat cattle, 4 swine.

Produce of the last year: 40 bushels of oats.

Alteration of inhabitants since last year: 2 males, 3 females, 5 total born in the past year. 1 male died. 1 male, 1 female arrived.

“A General Return of the several Townships in the Province of Nova Scotia the first day of January 1767” https://archives.novascotia.ca/census/RG1v443/returns/?ID=1

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