Nova Scotia Constitutional Timeline

An expanded version of what’s put forth by the Nova Scotia legislature.

1493 – May 4, Alexander VI, Pope of Rome, issued a bull, granting the New World. Spain laid claim to the entire North American Coast from Cape Florida to Cape Breton, as part of its territory of Bacalaos.

1496 – March 5, Henry VII, King of England issued a commission to John Cabot and his sons to search for an unknown land

1498 – March 5,  Letters Patents of King Henry the Seventh Granted unto John Cabot and his Three Sonnes, Lewis, Sebastian and Sancius for the “Discouerie of New and Unknowen Lands”

1502 – Henry VII commissioned Hugh Eliot and Thomas Ashurst to discover and take possession of the islands and continents in America; “and in his name and for his use, as his vassals, to enter upon, doss, conquer, govern, and hold any Mainland or Islands by them discovered.”

1524 – Francis I, King of France, said that he should like to see the clause in Adam’s will, which made the American continent the exclusive possession of his brothers of Spain and Portugal, is said to have sent out Verrazzano, a Florentine corsair, who, as has generally been believed, explored the entire coast from 30° to 50° North Latitude, and named the whole region New France.

1534 – King Francis commissioned Jacques Cartier to discover and take possession of Canada; “his successive voyages, within the six years following, opened the whole region of St. Lawrence and laid the foundation of French dominion on this continent.”

1578 – June 11, Letters patent granted by Elizabeth, Queen of England to Sir Humphrey Gilbert, knight, for “the inhabiting and planting of our people in America”.

1584 – March 25, Queen Elizabeth renewed Gilbert’s grant to Sir Walter Raleigh, his half-brother. Under this commission, Raleigh made an unsuccessful attempt to plant an English colony in Virginia, a name afterwards extended to the whole North Coast of America in honor of the “Virgin” Queen.

1603 – November 8, Henry IV, King of France, granted Sieur de Monts a royal patent conferring the possession of and sovereignty of the country between latitudes 40° and 46° (from Philadelphia as far north as Katahdin and Montreal). Samuel Champlain, geographer to the King, accompanied De Monts on his voyage, landing at the site of Liverpool, N.S., a region already known as “Acadia.”

1606 – April 10, King James claimed the whole of North America between 34° and 45° North latitude, granting it to the Plymouth and London Companies. This entire territory was placed under the management of one council, the Royal Council for Virginia. The Northern Colony encompassed the area from 38° to 45° North latitude.

1620 – November 3, Reorganization of the Plymouth Company in 1620 as the Council of Plymouth for New England, encompassing from 40° to 48° North latitude.

1621 – September 29, Charter granted to Sir William Alexander for Nova Scotia

1625 – July 12, A grant of the soil, barony, and domains of Nova Scotia to Sir Wm. Alexander of Minstrie

1630 – April 30, Conveyance of Nova-Scotia (Port-royal excepted) by Sir William Alexander to Sir Claude St. Etienne Lord of la Tour and of Uarre and to his son Sir Charles de St. Etienne Lord of St. Denniscourt, on condition that they continue subjects to the king of Scotland under the great seal of Scotland.

1632 – March 29, Treaty of Saint-Germain-en-Laye, between King Louis XIII. and Charles King of England for the restitution of the New France, Cadia and Canada and ships and goods taken from both sides.

1638 – Grant to Charnesay and La Tour

1654 – August 16, Capitulation of Port-Royal

1656 – August 9, A grant by Cromwell to Sir Charles de Saint Etienne, a baron of Scotland, Crowne and Temple

1667 – July 31, The treaty of peace and alliance between England and the United Provinces made at Breda

1668 – February 17, Act of cession of Acadia to the King of France

1689 – English Bill of Rights enacted

1691, October 7, A charter granted by king William and Queen Mary to the inhabitants of the province of Massachusetts Bay, in New England

1713 – March 31, Treaty of peace and friendship between Louis XIV. King of France, and Anne, Queen of Great Britain, made in Utrecht

1713 – April 11, Treaty of navigation and commerce between Louis XIV, king of France, and Anne, Queen of Great Britain

1719 – June 19, Commission to Richard Philips to be Governor (including a copy of the 1715 Instructions given to the Governor of Virginia, by which he was to conduct himself)

1725 – August 26, Explanatory Charter of Massachusetts Bay

1725 – December 15, A treaty with the Indians (Peace and Friendship Treaty, ratification at Annapolis)

1727 – July 25, Ratification at Casco Bay of the Peace and Friendship Treaty of 1725

1728 – May 13, Ratification at Annapolis Royal of the Peace and Friendship Treaty of 1725

1748, October 7–18, The general and definitive treaty of peace concluded at Aix-la-Chapelle

1749 – September 4, Renewal of the Peace and Friendship treaty of 1725

1752 – November 22, Treaty between Thomas Hopson, Governor in Chief in and over His Majesty’s Province of Nova Scotia and Major Jean Baptiste Cope, Chief Sachem of the Tribe of the MickMack Indians inhabiting the Eastern Coast…

1758 – Nova Scotia Legislature established (consisting of the Lieutenant Governor, his Council and the newly established, elected legislative assembly called the House of Assembly)

1760 – March, Treaty of Peace and Friendship concluded by the Governor of Nova Scotia with Paul Laurent, Chief of the La Heve tribe of Indians

1761 – November 9, Treaty of Peace and Friendship between Jonathon Belcher and Francis Muis

1763 – February 10, France ceded, for the last time, the rest of Acadia, including Cape Breton Island (‘île Royale), the future New Brunswick and St John’s Island (later re-named Prince Edward Island), to British (Treaty of Paris) and it was joined to Nova Scotia

1763 – October 7, Royal Proclamation

1769 – Prince Edward Island established as a colony separate from Nova Scotia

1779 – September 22, Treaty signed at Windsor between John Julien, Chief and Michael Francklin, representing the Government of Nova Scotia

1784 – Cape Breton Island and New Brunswick established as colonies separate from Nova Scotia

1820 – Cape Breton Island re-joined to Nova Scotia

1838 – Separate Executive Council and Legislative Council established

1848 – Responsible government established in Nova Scotia (Members of the legislature had the ability to elect a majority of those in the Legislative council)

1867 – “Union” of provinces of Canada, New Brunswick and Nova Scotia as the “self-governing” federal colony of the Dominion of Canada (British North America Act, 1867 — now known in Canada as Constitution Act, 1867) & the Parliament of Canada established (consisting of the Queen, the Senate and the House of Commons)

1928 – Abolition of the Legislative Council (leaving the Legislature consisting of the Lieutenant Governor and the House of Assembly)

1931 – Canadian independence legally recognized (Statute of Westminster, 1931)

1960 – Canadian Bill of Rights enacted

1982 – patriation of the amendment of the Constitution of Canada & adoption of the Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms (Canada Act 1982)

Jefferson, Thomas. Notes on the State of Virginia. J. Stockdale, 1787. https://tile.loc.gov/storage-services/service/gdc/lhbcb/04902/04902.pdf

Legislature of the State of Maine. “The Revised Statutes of the State of Maine, Passed August 29, 1883, and Taking Effect January 1,1884.”, Portland, Loring, Short & Harmon and William M. Marks. 1884. https://lldc.mainelegislature.org/Open/RS/RS1883/RS1883_f0005-0017_Land_Titles.pdf

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

Harvard Law School Library. “Description Legislative history regarding treaties of commerce with France, Spain relating to New Foundland, Nova Scotia, and Cape Breton,” ca. 1715? Small Manuscript Collection, Harvard Law School Library. https://nrs.harvard.edu/urn-3:HLS.LIBR:19686447, Accessed 07 June 2021

Thorpe, Francis Newton. “The Federal and State constitutions: colonial charters, and other organic laws of the States, territories, and Colonies, now or heretofore forming the United States of America” Washington : Govt. Print. Off. 1909. https://archive.org/details/federalstatecons07thor/page/n5/mode/2up

Murdoch, Beamish. “Epitome of the laws of Nova-Scotia” [Halifax, N.S.? : s.n.], 1832 (Halifax, N.S. : J. Howe) Volume One: https://www.canadiana.ca/view/oocihm.59437, Volume Two: https://www.canadiana.ca/view/oocihm.59438, Volume Three: https://www.canadiana.ca/view/oocihm.59439, Volume Four: https://www.canadiana.ca/view/oocihm.59440

Marshall, John G. “The justice of the peace, and county and township officer in the province of Nova Scotia : being a guide to such justice and officers in the discharge of their official duties” [Halifax, N.S.? : s.n.], 1837 (Halifax [N.S.] : Gossip & Coade) https://www.canadiana.ca/view/oocihm.36869, Second Edition: https://www.canadiana.ca/view/oocihm.38224

Livingston, Walter Ross. Responsible Government In Nova Scotia: a Study of the Constitutional Beginnings of the British Commonwealth. Iowa City: The University, 1930. https://hdl.handle.net/2027/wu.89080043730https://archive.org/details/responsiblegover0000livi

Bourinot, John George. “The constitution of the Legislative Council of Nova Scotia” [S.l. : s.n., 1896?] https://archive.org/details/cihm_10453/page/141, https://www.canadiana.ca/view/oocihm.10453/14?r=0&s=1

Laing, David, editor. “Royal letters, charters, and tracts, relating to the colonization of New Scotland, and the institution of the Order of knight baronets of Nova Scotia. -1638“. [Edinburgh Printed by G. Robb, 1867] https://archive.org/details/royallettersc11400lainuoft

Labaree, Leonard Woods. “Royal Instructions to British Colonial Governors 1670–1776“. Vol. I and Vol. II. The American Historical Association. (New York : D. Appleton-Century Company, 1935) https://archive.org/details/royalinstruction0001laba, https://archive.org/details/royalinstruction0002laba

Beamish Murdoch, “On the origin and sources of the Law of Nova Scotia” (An essay on the Origin and Sources of the Law of Nova Scotia read before the Law Students Society, Halifax, N.S., 29 August 1863), (1984) 8:3 DLJ 197. https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1399&context=dlj

Shirley B. Elliott, “An Historical Review of Nova Scotia Legal Literature: a select bibliography”, Comment, (1984) 8:3 DLJ 197. https://digitalcommons.schulichlaw.dal.ca/dlj/vol8/iss3/12/

From James Bowdoin to George Washington, May 31, 1780

Dear Sir Boston May 31 1780

Since the last Post, by Which I had the Honour of writing to you, I have seen a Gentleman well acquainted with Nova Scotia, and particularly with Halifax, whose account concerning them, I doubt not, may be depended on. It represents the State of things as they were in December last.

Very fortunately I had Some business with him, which gave me a good opportunity of entering into Conversation with him on the military State of that Province: the result of Which is contained in the paper enclosed, whose contents I communicated to majr Genl Heath. The Situation and description of Halifax & its Defences will be made intelligible by the plan, wch accompanies that Paper. If these Papers Should give any valuable information to yr Excy, and our good Allies, it will afford me the highest satisfaction. I have the honour to be with the Sincerest regard Sir Yr Excellency’s most obedt hble Servt

James Bowdoin

https://rotunda.upress.virginia.edu/founders/default.xqy?keys=GEWN-search-5-9&expandNote=on#match1


In an undated document docketed “Extracts respectg the Force at, & situation of Hallifax,” likely written in early August, GW wrote: “Honble James Bowdoin Esqr. 31st May 80 Gives a plan & description of the Harbour & Works at Hallifax—Strength 6 Regiments—4 at Hallifax—one at Annapolis—& one at the other Posts. the whole Militia of the Provence of Nova-Scotia is abt 5000 1100 of which are in Hallifax—they were formerly in the Interest of the United States but it is now questionable”

Bowdoin enclosed an undated document in his writing: “The Letters a b c &c. refer to the enclosed Plan of the Town & Port of Halifax in Nova Scotia, copied from a printed one.” The text of the plan reads: “a[.] The Arsenal, Surrounded by a Wall 16 ft high, wch includes about ten acres. On the inside against the wall are buildings for the reception of Stores &c.: on the top of wch Buildings is a walk all round, above which the Wall forms a Breast-work abt four feet high. Within this Enclosure is the Commissioner’s house. Last Summer there was in this Arsenal Cables, Cordage, Sails, &c. &c. &c. to the value of one million pounds sterling. A little North of this is a Fort with Several ps. of cannon, which commands the Harbour above George’s Island.

“b[.] The Citadel, or a Strong Fort (inclosed) on the Back of the Town, and west of a line of Palisades with Blockhouses. It is about one quarter of a mile from the Water, on a very high hill, which overlooks the Town & commands the harbour: the perpendicular height of it above the water being 263 feet, and the flat top of it containing six or eight acres. It is planned for 5 bastions in the lower works, and 4 bastions, higher up the hill, beside Cannon on the Top. Each Bastion when compleated will have ten ps. of Cannon. The Bastions next the Harbour are completed, and the other were intended to be so this spring.

“c[.] A Battery (not inclosed) of 22 Guns, 48 poundrs next the water, on the South Side of the Town.

“dddd. A Breast-work with a Ditch on the back of, and including, the Town & all the Sd works: being about two miles in length, & having Several Spurs with a Cannon in each to Scour the Ditch.

“e[.] a Small Fort wth Several Small Cannon on a hill to the Westward of the Sd Breastwork, & commanded by the Citadel.

f[.] A Battery (not enclosed) of about 12 Guns 24 poundrs on the Point formed by the harbour & Sandwich river, or the N. West Arm.

“These are all the defensive works, that were in Decr last on the West Side of the harbour: but there is a very high large flat rock inaccessible next to the water & bordering on it, near a mile North of Sandwich Point, & opposite to Mauger’s Beach, where Genl McLane talked of making a Fort, & is a very proper place for one: viz. on the flat top of the rock at g.

“On George’s Island (between the Town & the opposite shore) is a Strong Fort with 5 Bastions, each containing ten ps. of Cannon of 24 & 32 p[ounde]rs Situated about 70 or 80 feet (perpendicular) above the water: & also with 4 Bastions Still higher, each containing Six Cannon 24rs making in the whole 74 ps. of Cannon. The top of this Island is about 130 feet perpendicular above the water. These are enclosed works.

“A Battery (not enclosed) of 16 Guns 24rs, on the Back of which is a Barrack for 300, or 400 men & a Blockhouse with Several small Cannon, both enclosed with a Breast-work. These being on the East Side of the harbour, a little more South than George’s Island.

“I could not learn there were any other Land-works for defence.

“To the westward of Halifax Harbour is a fine deep Bay called St Margaret’s Bay, in which are many Islands. The depth of water is Such, that a first rate Ship of war can go to the head of it. It is noticed here, because the head of it is not above 14 miles across by land to the town of Halifax; and (if I do not mis-remember) the ground open & the travelling good. This observation was suggested by another map we had before us, called ’A new map of Nova Scotia & Cape Britain [Breton] &c. published May 1755 by Thos Jeffries, London.’

“There were 6 Regiments of regulars in the Province with about 500 men in each, thus disposed of; viz.: 1 at Annapolis, 1 at other posts, and 4 at Halifax. The whole militia of the Province are abt five thousand. They were 2 or 3 years ago unwilling to take up arms: but for divers reasons will be disposed to it now for the defence of the Province. The militia of Halifax (part of the 5000) are about 1100, & well disciplined. In the County of Lunenburg are 750 within the compass of 12 miles, that can be collected in 3 hours at Lunenberg 15 leagues from Halifax. Between these two places there is either no road, or the road bad. There are but few Inhabitants in the Province to the East of Halifax. There was a 64 Gun Ship stationed at Halifax near the arsenal with her Guns on board. She was used as a Hulk, by which to heave vessels down: But can be moved to answer the Purpose of a floating Battery. A 74 Gun ship arrived from N. York last Fall & a small Frigate. These were the only armed vessels at Halifax in Decr last. General McLane has greatly strengthened Halifax within these 12 months past: having employed the soldiers & 600 of the militia in that service. He is a vigilant & good Officer, and what adds to his character is, that he has well used our People, who were Prisoners at Halifax” (DLC:GW).

The above description consists in the “minutes explanatory” of a map of Halifax that Bowdoin also enclosed (see n.3 below and Heath to GW, this date).

The plan’s title reads: “Port de Halifax de la Nouvelle Ecosse avec les Recifs, Dangers, Bas fonds et Coudes. Levé par ordre du Brigadier Général Lawr[e]nce Gouverneur de la Province. par Morris prem[ie]r Arpenteur. publié a Londres en 1775. Traduit a Paris chez le Rouge, Rue des grands Augustins 1778.” A note below the title reads: “This is copied from a Map bearing the foregoing Title, except the red lines wch are not in the said Map. These lin⟨e⟩s are imaginary, and are intended only to Shew that there are works of Such a kind there.” The works marked on the plan are the breastwork (“dddd”), the “Small Fort” (“e”), and the “Fort with Several ps. of cannon” near the arsenal (see n.2 above).

https://founders.archives.gov/documents/Washington/03-26-02-0170

    From Gouverneur Morris to George Washington, Nov. 28, 1780

    Dear General— Philadelphia 28 Novr 1780.

    I ⟨mutilated⟩ to write a Letter which I ⟨mutilated⟩ you to excuse. If I am rightly inform’d of the Situation of the Enemy the Next E⟨m⟩barkation will not leave above 6.000 Men in New York. Supposing this to be the Case I will go on to suppose that the french Troops with 2.000 Militia are throw⟨n⟩ upon Long Island and march Westward. That you move down with 10.000 Men to the Neighbourhood of Kingsbridge and at a proper Moment throw a Bridge over Ha⟨erlem⟩ River at Haerlem and cross to the Island with 8.000 Men leaving 2.000 above King⟨’s⟩ Bridge. That 1500 Militia are assembled at Elizabeth Town Point and ⟨3⟩00 artillery⟨.⟩ In this Situation it appears almost certain that the Enemy would abandon Forts Washington and the adjacent Heights. If so We might take Possession of them, thr⟨ow up⟩ Intrenchments, by Lumber from Albany build Huts, and thus keep Possession of ⟨th⟩at Ground. In this Case The Enemy would probably quit New York and then we ⟨m⟩ight make such powerful Diversions next Year agt Canada and Nova Scotia as ⟨e⟩asily to recover the Southern States almost by their own internal Strength but es⟨p⟩ecially if Spain should send three thousand Men to operate in that Quarter. If ⟨the⟩ Enemy should persist in keeping fort Washington &ca they would loose Staten ⟨I⟩sland & their Fort at Brooklyn. If they abandon Staten Island, ⟨s⟩trengthen themselves at Brooklyn then they would necessarily loose New York. ⟨W⟩hat would be the Effects of a brilliant Stroke at the close of the Campaign I need not ⟨hi⟩nt—believe me yours

    Gouvr Morri⟨s⟩

    https://rotunda.upress.virginia.edu/founders/default.xqy?keys=GEWN-search-2-5&expandNote=on#match1

    From James Boyd to George Washington, Nov. 27, 1789

    Boston Novr 27. 1789.

    To the President the Senate and House of Representatives of the United States of America in Congress assembled.

    The Petition of James Boyd of Boston in the County of Suffolk and Commonwealth of Massachusetts Esquire, Humbly sheweth—

    That your Petitioner was possessed from the Year 1767 till the Beginning of our Contest with Great Britain of very large Property in Lands situated on the Eastern Bank of the River Schoodick, granted him by the British Government of Nova-Scotia, and that during said Period he introduced many Families on the same Lands at his own Charge, and expended much Property in getting the same under considerable Improvement and Cultivation; But feeling himself attached to the Cause of America, he took such an active Part in their Favour, that the resentment of the British Subjects in that Province compelled him to leave the Country, and flee to the Protection of the United States; & that in Consequence thereof he has suffered Poverty and Distress from that Day to the present Time, that the said Lands which your Petitioner held, are on the western Side of the River St Croix, and within the Dominions of the United States, but unjustly now held in Possession by British Subjects—That the Facts aforesaid and your Petitioner’s Situation have been particularly set forth to Congress by the Legislature of this Commonwealth, in a Letter of Instruction to their Delegates in the Year 1786, signed and transmitted by the then Governor Bowdoin, and which is now on the Files of Congress, accompanied wth a Number of Letters from Governor Bowdoin, the present Governor Hancock, and others upon the Subject, to which your Excellency and Honours will please to be refered: that your Petitioner by his thus quitting the British and joining the American Interest has been subjected to peculiar Hardships and Difficulties, which with a large Family he has with great Anxiety sustained: But confiding in the Power and Disposition of the present Congress of the United States to do him compleat Justice, he requests them to put him in Possession of his Lands aforesaid now held by British Subjects, tho’ on this Side the Line between the two Dominions, or otherwise recompence your [329] Petitioner who has lost the whole of his Property and Means of procuring a comfortable Subsistence in Consequence of his Attachment as aforesaid.

    Your Petitioner begs Leave to add that he is possessed of Papers, and that John Mitchel Esqr. of the State of Newhampshire (now an old Man about 76 Years of Age) is also possessed of Papers, that may be useful in determining the real Situation of the River St Croix, entended by the late Treaty of Peace to be the dividing Line between the Dominions of the United States & Great Britain, as will appear by a Plan taken in the Year 1764 by the said Mitchel, and another taken by the Surveyor General of Nova Scotia the Year following, and now in the Possession of your Petitioner, who, As in Duty bound will ever pray &c.

    James Boyd

    https://rotunda.upress.virginia.edu/founders/default.xqy?keys=GEWN-search-1-8&expandNote=on#match1

    Responsible Government in Nova Scotia

    This book discusses the evolution of Nova Scotia’s constitutional and legal institutions during the 18th and 19th centuries in terms of the British institutions from which it sprang. As English settlers established colonies, they carried with them differing political and constitutional views, leading to tensions and migrations. Despite this scattering, the underlying issues persisted and grew, ultimately posing challenges for the British Empire as a whole.

    The American Revolution emerged from these tensions, fueled by differing interpretations of political sovereignty and governance. Colonists demanded self-government and local autonomy, rebuffing British attempts at centralized control. The Declaration of Independence asserted the rights of man and consent of the governed, principles rooted in British constitutional history but revitalized in the American colonies.

    The clash between local autonomy and centralized control led to the formation of the Articles of Confederation and the principle of federalism in the new American republic. Meanwhile, the colonies sought a partnership with Britain rather than subjugation, reflecting a new conception of empire and fellowship among equals.

    This period of revolution and adjustment saw the birth of new constitutional principles and governmental customs, challenging traditional notions of imperial governance. Nova Scotia’s role in this constitutional evolution is highlighted, underscoring the neglected history of its contribution to the broader imperial narrative. Extensive research into original and manuscript sources sheds light on this overlooked aspect of history, providing insight into the complexities of constitutional development during this transformative era.


    “From the beginning a most important feature of English history has been the steady evolution of a constitution and the development of legal and political institutions. During the period of the seventeenth and eighteenth centuries when her people were expanding into the new world and establishing states as offsprings of the mother country, the constitution at home was undergoing some very necessary adjustments and fundamental changes. While these transformations were wrought primarily for the purpose of meeting the changing circumstances and growing needs of the ancient island kingdom, some of the friction which resulted was profoundly instrumental in sending out to the colonies great groups and sections of her own people, who, when they arrived and settled retained the points of view and the interpretations which had made it unwise and, in some cases, impossible for them to remain at home.

    The Puritans, the Cavaliers, the Catholics, and the Quakers all held political and constitutional views somewhat different, representing in those views the points of controversy and change sought before and at the time of their departure. Indeed, no question whatever was actually solved by their removal; rather the difficulties were scattered over a wider field where their growth continued apace, in some cases more virulent than ever, producing in time a more serious problem for the Empire at large than it had been originally for the more limited sphere of the mother country. The need for adjustments was only delayed by this process of scattering, and in time emerged again in a larger form for the Empire as a whole. Also the basic conditions of life in the new world were different, essentially those of the frontier, which tended strongly to bring out, to renew and to revitalize one of the deepest seated characteristics of the British stock, that of self sufficiency.

    This added to the difficulty, and out of these two circumstances, — the dissenting colonists and the new life of the frontier — arose a strong sense of constitutional right and a powerful spirit of political and economic independence. This called for statecraft and adjustments of the finest sort from the side of the mother country, but as yet she had not sensed the real meaning of empire, nor was she able to cope successfully with those new problems which expansion and growth had made inevitable.

    With the rapid growth and development of the older colonies, and with the acquisition after 1760 of the alien province of Quebec, the problems of political and economic adjustment in the new world became acute. Could the older institutions of the mother country be successfully adapted to the newer conditions and the widely varying circumstances of the several daughter colonies in America? Could the constitution of England in its broad historical meaning be transformed into a constitution for the whole of a vast imperial organization?

    The strain was great; the demands for adjustments and change came too quickly upon the government in London; and that government in this evil hour unfortunately was more devoted to a few great private interests than to the larger problems of a growing empire. Indeed, it might be said that in this period the government of England was more a property of those private interests than it was a function of the constitution, and because of this defect it was impossible for the government to consider fairly the broader colonial policy and to preserve the whole of the growing colonial empire under a common Crown.

    The deeper problems of adjustment which this British government was not able to meet successfully may be more clearly understood from a study of the constitutional issues of the American Revolution and a consideration of those principles upon which, at first, it was proposed to establish the new American Republic. The democratic life of the new world and the experience in the colonies for over a century of a large degree of self-government had not only produced reinterpretations of some of the older political and legal institutions, but had actually produced new constitutional principles and governmental customs.

    The friction and circumstances following 1763 stimulated the colonial statesmen to attempt a definition of some of these new departures. By the time the disruption had been completed and the new republic established those basic principles had been given vivid and dramatic expression.

    The Whig parliament in England had drifted far in its interpretation of the state and of its function in the government. Never “weary of expressing their contempt for public opinion” they “denied that members of the Commons sat as representatives of the people.” Standing in sharp contrast with this theory of an all sovereign and irresponsible parliament was the plain assertion in the Declaration of Independence of the rights of man and the “consent of the governed” as the proper basis for all just government wherever found. This broad and fundamental principle involved not only actual self-government for the people but also self-determination for a colony or a state.

    But it was not a new constitutional principle, indeed it was as old as the British race and had been understood by such men as Sir Edward Coke in the time of the early Stuarts, and John Locke as he explained the so-called “Glorious Revolution” of 1688. In America this old principle, along with the British stock, had been revitalized and given a new and vigorous emphasis, while at home the Whig parliament and the Hanoverian kings had wandered far from any understanding of its constitutional importance and were unable, therefore, to make those finer adjustments demanded by the colonies prior to 1776.

    As a natural corollary to the principle of self-government reasserted by Thomas Jefferson in the Declaration of Independence, was the demand on the part of the thirteen colonies for a system of general government in which the major emphasis should rest, not as the Whigs would have it, upon the central administration, but upon the sacred sovereignty of the local state as a political unit.

    The British government had been unable to understand this need but continued to assert that the parliament in London had the power to legislate for them “in all cases whatsoever” and had gone on with its attempt to modify local administration with royal prerogative and centralized control. In this clash of principle — local autonomy versus centralized control — is found the explanation in part, of the first constitution of the new republic, the Articles of Confederation, and the origin of the American principle of federalism.

    Of equal importance in the period of revolution and adjustment was the theory held in the colonies of the nature of the empire and of the place of the colony in the larger organization. In harmony with the principle of self-government the colonies maintained that their local legislatures should occupy, a coordinate position under the Crown with the Parliament of Great Britain. In this they were breaking new ground and building slowly a new conception of an imperial organization. Since the people in the colonies were entitled to all the rights of British subjects the colonies could not possibly be considered as possessions of the mother country.

    The alternative, therefore, was a partnership relation among them and with the United Kingdom. But again the British government, dominated by the Whig theories, could not appreciate this new interpretation of a larger fellowship as it developed in the growing life of the new world communities. Soon after the organization of the republic this new principle found expression in the definition of the colonial policy of the new American nation. Like the Declaration of Independence, the Ordinance of 1784 came from the vigorous mind of the Virginia liberal, Thomas Jefferson, and the principle of empire which it explains is quite in harmony with his conception of the place of the individual in the social and political organizations. According to this principle, which was finally embodied in the Northwest Ordinance of 1787, the new states, subsequently formed from this Northwest Territory, should be free and autonomous units:

    “That Whenever any of the sd. states shall have of free inhabitants as many as shall then be in any one of the least numerous of the thirteen original states, such states shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states.” (Report to Congress, March 1, 1784. Journals of Congress Containing their Proceedings (Philadelphia, 1800), Vol. IX (April 23, 1784), pp. 109-110. In the Ordinance of 1787 “in all respects whatsoever” was added. The same principle is found in the earlier deed to the Northwest Territory given by Virginia to Congress and prepared also by Jefferson: “… and that the states so formed, shall be distinct republican states, and admitted members of the federal union; having the same rights of sovereignty, freedom and independence as the other states.” Ibid., p. 48)

    The conception here is clearly that of a union of equals freely associated together, and as such it is a definition of a new colonial policy and of a new imperial order. Upon this conception the new American “empire of liberty,” as it was called by Jefferson, was to expand indefinitely under republican institutions. Little did he realize that the older empire of Britain would also in time accept the same liberal interpretation of its own imperial bond.

    A history of this political and constitutional process is the scope of this study. The field is new, for Nova Scotia and the period of her important contribution to the constitution of the newer empire has been neglected by the students of history and politics. (In June 1926, the Canadian Historical Review published the writer’s article, “The First Responsible Party Government in British North America”. Last year, 1929, since the completion of this volume, the Oxford Press published a study by Professor Chester Martin, Empire and Commonwealth, which has a section devoted to the constitutional evolution of Nova Scotia.)

    The research, therefore, has involved the use and study of original, and in many cases manuscript sources, hitherto unexploited. Most of these are available in the Public Archives of Canada at Ottawa. Some are in the Provincial Archived of Nova Scotia and others are to be found only at the Public Record Office in London.”

    Livingston, Walter Ross. Responsible Government In Nova Scotia: a Study of the Constitutional Beginnings of the British Commonwealth. Iowa City: The University, 1930. https://hdl.handle.net/2027/wu.89080043730https://archive.org/details/responsiblegover0000livi

    John Adams, to the Abbé de Mably, 15 January 1783

    “It would require the whole of the longest Life, to begin at Twenty Years of Age, to assemble from all the Nations and Parts of the Globe in which they are deposited, the Documents to form a compleat History of the American War, because it is nearly the History of Mankind for the whole Epocha of it. The History of France Spain Holland, England and the Neutral Powers, as well as America are at least comprized in it. Materials must be collected from all these Nations, and the most important Documents of all, Such as Shew the Characters of Actors and the Secret Springs of Action, are yet locked up in Cabinets and in Cyphers.”

    “…as the Controversy and the War, began in the Massachusetts Bay, the principal Province of New England, their Institutions had the first operation. Four of those Institutions, Should be Studied and fully examined by any one, who would write with any Intelligence upon the Subject because they produced the decisive Effect, not only by the first decisions of the Controversy in publick Councils, and the first determinations to resist in Arms, but by Influencing the Minds of the other Colonies to follow their Example and to adopt, in a greater or less degree the Same Institutions and Similar Measures.

    The four Institutions intended are, 1. the Towns. 2. The Churches. 3. The Schools. and 4. the Militia.

    1. The Towns are certain Pieces of Land or Districts of Territory, into which the Massachusetts Bay, Connecticut, New Hampshire and Rhode Island are divided.— Each Town contains upon an Average Six miles or two Leagues Square. The Inhabitants who live within its Limits are erected by Law into a Corporation or Body Politick and are vested with certain Powers and Priviledges, Such as repairing the Roads, maintaining the Poor, choosing the Select Men Constables Collectors of Taxes, and other Officers, and above all their Representatives in the Legislature; and that of Assembling, whenever warned to it by their select Men, in Town Meeting to deliberate upon the publick affairs of the Town, or to instruct their Representatives. The Consequence of this Institution has been, that all the Inhabitants have acquired from their Infancy, an Habit of debating, deliberating and judging of public Affairs. it was in these Town Meetings that the Sentiments of the People were first formed, and their Resolutions taken from the Beginning to the End of this Controvesy and War.

    2. The Churches are the religious Societies, which comprehend the whole People. each Town composes one Parish and one Church at least. most of them have more than one, and many of them Several. Each Parish has a Meeting house and a Minister, Supported at its own Expence. The Constitutions of the Churches are extreamly popular and the Clergy have little Authority or Influence, except such as their own Piety, Virtues and Learning naturally give them. They are chosen by the People of the Parish and ordained by the neighbouring Clergy. They all marry and have families, and live with their Parishes in mutual Friendship and good Offices. They visit the sick are charitable to the Poor, attend all Marriages & Funerals and preach, twice on every sunday. The least Reproach to their moral Character, ruins their Influence and forfeits their Livings, so that they are a wise virtuous and pious set of Men. Their sentiments are generally popular and they are zealous Friends of Liberty.

    3. The Schools are in every Town. By an early Law of the Colony, evey Town consisting of Sixty Families, is obliged, under a Penalty to maintain constantly a School House and a school Master, who teaches Reading, Writing Arithmetick and the Rudiments of Latin and Greek. To this public school the Children of all the Inhabitants poor as well as rich, have a Right to go. In these Schools are formed schollars for the Colleges at Cambridge New Haven, Warwick and Dartmouth, and in those Colledges are educated, Masters for the schools, Ministers for the Churches, Practitioners in Law and Physick, and Magistrates and officers for the Government of the Country.

    4. The Militia comprehends the whole People.— By the Law of the Land every Male Inhabitant between Sixteen and Sixty Years of Age is enrolled in a Company and a Regiment of Militia, compleatly organized with all its officers, is obliged to keep at his own Expence constantly in his House, a Firelock in good order, a Powder Horn with a Pound of Powder, twelve Flynts four and Twenty Bullets, a Cartouch Box and an Havresack.—so that the whole Country is ready to march for their Defence at a short Warning. The Companies and Regiments are obliged to assemble certain Times of the Year, at the Command of their Officers, for the View of their Arms and Ammunition and to go through the military Exercises.

    Thus, Sir you have a Brief Sketch of the four Principal Sources of that Wisdom in Council, and that skill and Bravery in War, which have produced the American Revolution and which I hope will be Sacredly preserved as the foundations of a free, happy and prosperous People.”

    “III. To the Abbé de Mably, 15 January 1783,” Founders Online, National Archives, https://founders.archives.gov/documents/Adams/06-14-02-0111-0004. [Original source: The Adams Papers, Papers of John Adams, vol. 14, October 1782–May 1783, ed. Gregg L. Lint, C. James Taylor, Hobson Woodward, Margaret A. Hogan, Mary T. Claffey, Sara B. Sikes, and Judith S. Graham. Cambridge, MA: Harvard University Press, 2008, pp. 172–180.]

    Woodlawn, 1784

    “Halifax, Feb (2?) 1784. This day the proprietors of a tract of land lying on the road to Lawrence Town came to agreement of partition of division according to the adjoining [??], viz. the land colored red was [??] by Nathaniel Russel, the land [??] with water color by Ephraim (Wyman), and the land colored yellow by Richardson.”

    “The German Lotts” seen at left, James Creighton’s grant as well as Blagden’s new grant seen at bottom.

    No. 2 at top is in reference to the plot granted to Benjamin Bridge as seen here. (No. 5 would be to the right of No. 2, land granted to Benjamin Green, not noted here).

    “New Road to Lawrencetown” is now Portland Street, here you can see the approximate location of these tracts today, the 111 highway seen at bottom, Main Street at upper left, Bell Lake at top, Russell Lake at the bottom right.

    See also:

    "Halifax County Road leading to Lawrence Town", 1784. https://archives.novascotia.ca/maps/archives/?ID=181

    “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/

    Dartmouth Shore, 1786

    “Dartmouth Shore, N.S., 1786. From Anchorage off Naval Yard, Halifax, Looking Eastward.

    A general view of the town of Dartmouth as it appeared at this period, is here given. It is impossible, however, to identify most of the buildings, which were merely dwellings. Dartmouth was first settled in 1750. On 2nd March, 1786, the old town lots were escheated, the town re-planned, and granted to twenty families of Quaker whalers from Nantucket. The picture shows their dwellings until 1792, when most of the residents moved to Milford.

    1: Main center of present town. 2: Old grist mill in Dartmouth Cove. Lawrence Hartshorne and Johnathon Tremaine worked a grist mill there about 1820. Of late years it was destroyed by fire. 3: Halifax harbor. 4: This elevation is now known as Prince Arthur’s Park, a recent name. The left end of this view joins the right of that of the “Hospital and Entrance of Bedford Bason.”

    Exact reproduction of the water color sketch by the Duke of Clarence, afterwards William IV., in the private log book of H.M.S. Pegasus, when commanded by him in 1786.”

    “Dartmouth Shore”, Duke of Clarence, 1786. https://archives.novascotia.ca/photocollection/archives/?ID=6507

    Page 1 of 5
    1 2 3 4 5