Dominion Disallowance of Provincial Legislation in Canada

Federal disallowance of Provincial Legislation has been a significant aspect of the Canada’s system of “federalism”, allowing the central government to nullify provincial acts deemed contrary to federal interests. This power, unique to Canada, contrasts with the American federal system, reflecting a “differing approach” to federalism. From 1867 to 1935, the Dominion government disallowed at least 114 provincial acts and territorial ordinances, highlighting its considerable powers over provincial legislation.

The process of disallowance involved the submission of provincial acts to the governor-general, with the governor-general in council having the authority to disallow them, typically based on recommendations from the Ministry of Justice, in the same way colonies previous to Confederation would submit their legislation through Lieuitenant Governors to the Crown. Disallowance had to occur within one year of receiving the act. While the British government couldn’t directly interfere with provincial acts after confederation, it could express its concerns to the Dominion government instead, as could other foreign governments.

The reasons for disallowance varied widely, including conflicts with federal legislation, exceeding provincial powers outlined in the British North America Act, violation of treaty rights, or infringement on individual rights and property. The subjects of disallowed acts ranged from immigration and banking to mining and liquor regulation, indicating the Dominion’s broad oversight.

Historically, the frequency of disallowance fluctuated, with peaks in the late 19th and early 20th centuries followed by a decline in recent years. Initially, the crown and its Federal government, themselves involved in a parent-child relationship, viewed a strong central government as necessary, akin to a parent-child relationship with provinces. Evolving interpretations of “Canadian federalism” have more recently emphasized provincial rights and autonomy, more in keeping with the American meaning of the term.

Decisions by the Judicial Committee of the Privy Council and advocacy for provincial rights led to a shift in attitudes toward disallowance. Provinces began to assert their legislative independence, advocating for minimal federal interference. By the early 20th century, calls for disallowance were expected to be justified by clear attempts to infringe on federal jurisdiction.


“Although there is a federal form of government in both the Dominion of Canada. and the United States, there are striking differences in the two types of federalism. Some of these differences are to be found in fundamentals, such as the basis upon which the powers of government are divided in the two countries. Less striking, but nevertheless significant, are still other points of variance. Among these is the power which the dominion government has to disallow legislative acts of the provinces. Just why the fathers of the Canadian federation thought this power should be given to the central government is not clear. The fact remains, however, that in the years from 1867 to 1935, at least 114 provincial acts and territorial ordinances were set aside. It is important to note that these acts were dis- allowed by executive officers of the dominion government. Executive officers of the national government in the United States do not possess similar powers where state legislation is concerned.”

“A survey of the law-making efforts of provincial legislatures which have been set aside by the dominion government indicates that the central government has interfered with some of the most important fields in which provincial legislation might be enacted.”

“The frequency with which the dominion’s power of disallowance has been used has varied considerably at different periods in Canada’s history. In the years from 1867 through 1895, no less than 72 acts and ordinances were set aside. In the years from 1896 through 1920, a period of almost equal length, 37 provincial acts and ordinances were annulled. From 1920 to 1935, only five acts passed by provincial legislatures fell before the disapproval of the dominion government. In the first period mentioned, the greatest number of acts to be disallowed in one province was 26, in Manitoba. British Columbia, with 20, was a close second. Seven ordinances (as distinct from legislative acts) were set aside in the Northwest Territory, while in Ontario and Nova Scotia six acts in each province were disallowed. The remainder of the 72 can be accounted for by the disallowance of four statutes in Quebec, two in Prince Edward Island, and one in New Brunswick. In the second period, British Columbia headed the list with 22, while Manitoba and Saskatchewan had three each. Ontario and Quebec each had one act annulled. Seven ordinances were set aside, five in the Yukon Territory and two in the Northwest Territory. Since 1920, legislative acts in only three provinces have been disallowed. Three were annulled in Nova Scotia and one each in Alberta and British Columbia.”

“To many Americans, it is, of course, striking that the central government in a federation should possess this degree of control over certain types of legislation enacted by the member units in that federal organization. In the Canada of 1864-66, however, there were many who, like J. A. Macdonald, wished to see a strong central government created. They believed that the war between the states to the south of them was due, in part, to weakness at the center. That the dominion government should be able to disallow provincial legislation did not seem strange to them.”

Heneman, H. J. (1937). Dominion Disallowance of Provincial Legislation in Canada. The American Political Science Review, 31(1), 92–96. https://doi.org/10.2307/1948049

US Federal, State & Territory Constitutions

Federal:

The United States: https://constitution.congress.gov/constitution/

State:

Alabama: https://alison.legislature.state.al.us/constitution
Alaska: https://ltgov.alaska.gov/information/alaskas-constitution/
Arizona: https://www.azleg.gov/constitution/
Arkansas: https://www.jonesboro.org/DocumentCenter/View/290/Arkansas-Constitution-PDF
California: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CONS&tocTitle=+California+Constitution+-+CONS
Colorado: https://www.sos.state.co.us/pubs/info_center/laws/COConstitution/ColoradoConstitution.pdf
Connecticut: https://www.cga.ct.gov/asp/Content/constitutions/Constitution_State_CT.pdf
Delaware: https://delcode.delaware.gov/constitution/
Florida: https://www.flsenate.gov/Laws/Constitution
Georgia: https://sos.ga.gov/sites/default/files/2023-08/Georgia%20Constitution%20-%20Electronic%20Version%20-%20January%2C%202023.pdf
Hawaii: https://lrb.hawaii.gov/constitution/
Idaho: https://legislature.idaho.gov/statutesrules/idconst/
Illinois: https://www.ilga.gov/commission/lrb/conmain.htm
Indiana: https://iga.in.gov/laws/const
Iowa: https://publications.iowa.gov/9883/1/CONSTITUTION_OF_THE_STATE_OF_IOWA.pdf
Kansas: https://kslib.info/405/Kansas-Constitution
Kentucky: https://apps.legislature.ky.gov/law/constitution
Louisiana: https://senate.la.gov/Documents/LAConstitution.pdf
Maine: https://legislature.maine.gov/doc/10674
Maryland: https://msa.maryland.gov/msa/mdmanual/43const/html/const.html
Massachusetts: https://malegislature.gov/Laws/Constitution
Michigan: https://www.legislature.mi.gov/(S(acma0gdbf2kc22n3fyibycee))/mileg.aspx?page=GetObject&objectname=mcl-Constitution
Minnesota: https://www.revisor.mn.gov/constitution/
Mississippi: https://www.sos.ms.gov/content/documents/ed_pubs/pubs/Mississippi_Constitution.pdf
Missouri: https://www.sos.mo.gov/CMSImages/Publications/CurrentMissouriConstitution.pdf?v=202212
Montana: https://leg.mt.gov/bills/mca/title_0000/chapters_index.html
Nebraska: https://nebraskalegislature.gov/FloorDocs/Current/PDF/Constitution/constitution.pdf
Nevada: https://www.leg.state.nv.us/const/nvconst.html
New Hampshire: https://www.nh.gov/glance/constitution.htm
New Jersey: https://www.njleg.state.nj.us/constitution
New Mexico: https://lawlibrary.nmcourts.gov/new-mexico-constitution/
New York: https://dos.ny.gov/system/files/documents/2022/01/Constitution-January-1-2022.pdf
North Carolina: https://www.ncleg.gov/EnactedLegislation/Constitution/NCConstitution.pdf
North Dakota: https://ndlegis.gov/constitution
Ohio: https://www.ohiosos.gov/globalassets/publications/election/constitution.pdf
Oklahoma: https://oklahoma.gov/labor/transparency/oklahoma-state-constitution.html
Oregon: https://www.oregonlegislature.gov/bills_laws/lawsstatutes/IndexORConstitution.pdf
Pennsylvania: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.HTM
Rhode Island: https://www.rilegislature.gov/riconstitution/Pages/default.aspx
South Carolina: https://www.scstatehouse.gov/scconstitution/SCConstitution.pdf
South Dakota: https://sdlegislature.gov/Constitution
Tennessee: https://publications.tnsosfiles.com/pub/blue_book/05-06/46-tnconst.pdf
Texas: https://statutes.capitol.texas.gov/Docs/SDocs/THETEXASCONSTITUTION.pdf
Utah: https://le.utah.gov/xcode/constitution.html
Vermont: https://legislature.vermont.gov/statutes/constitution-of-the-state-of-vermont/
Virginia: https://law.lis.virginia.gov/constitution/
Washington: https://leg.wa.gov/CodeReviser/RCWArchive/Documents/2019/WA%20Constitution.pdf
West Virginia: https://www.wvlegislature.gov/wvcode/wv_con.cfm?lv=true
Wisconsin: https://docs.legis.wisconsin.gov/constitution/wi.pdf
Wyoming: https://sos.wyo.gov/Forms/Publications/WYConstitution.pdf

Territory:

Coalition Government on Trial (The New Constitution Defined)

The political landscape of Nova Scotia in the 1840s was marked by a struggle for power and influence between various factions. The newly appointed Lieutenant Governor expressed concerns over the perceived excessive political power of the populace due to low suffrage qualifications. He advocated for maintaining the Crown’s power and prerogative within local government to balance this.

A coalition government was formed, with Liberal leaders strategically included in the Executive Council to win elections, but they lacked control over the Lieutenant Governor’s actions and policies. While the Liberal party held sway in the House of Assembly, the old Conservative party retained influence in the Upper House and public offices.

When the new government convened in February 1841, Joseph Howe, a Reform leader, became Speaker of the House. The Lieutenant Governor’s speech emphasized cooperation between branches of government while asserting the preservation of royal prerogative.

Debates ensued over the meaning of the new constitution, with Howe defending the coalition government as a step towards responsible government. However, disagreements persisted within the government regarding the interpretation of the constitution and the extent of its reforms.

Conservative leaders in the Legislative Council challenged Howe’s assertions, arguing that the Executive Council remained independent of the legislature. This disagreement highlighted the uncertainty surrounding the government’s responsibilities and authority.


“The new Lieutenant Governor had warned Lord John Russell that the people of Nova Scotia “possessed too great a degree of political power” because of the low suffrage qualifications and that it should be held in check by preserving in the local government the power of the Crown and the influence of the prerogative.

The Liberal leaders had been cleverly brought into the Executive Council and by their influence the elections had been won for the new administration; but they had not gained control over the actions of policies of the Lieutenant Governor. Reform and constitutional opposition had been swallowed up in a coalition arrangement in which the avowed enemies of democratic self-government held the majority control. But while Howe and his friends were a minority in Council, their party held the power in the House of Assembly. The old Conservative party, therefore, remained under cover entrenched in the Upper House and in possession of the public offices of the province.

On February 3, 1841, the new Assembly and the new government of Nova Scotia met to begin their work, and to justify the hopes and expectations of the friends and supporters of the new constitutional program. Joseph Howe, already a member of the new Executive Council, was elected Speaker of the House of Assembly.

In the speech from the throne Lord Falkland studiously avoided a direct statement in regard to the responsibility of the Executive Council to the majority party in the House, suggesting rather that the prosperity of the province made it indispensable “that a sufficient degree of reciprocal confidence should exist between the three branches of the Legislature to insure from each a fair and candid construction of the acts of the other constituent powers.” Cooperation was also necessary, he said, to enable the representative of the Crown to carry out the beneficent intentions of the Queen. While he was prepared to cooperate fully with the Legislature in all matters purely local, it was his purpose to maintain inviolate the royal prerogative.

The reply of the Assembly was couched in terms equally diplomatic. They assured Falkland of the warm attachment of the citizens to British institutions, and of the earnest desire to maintain the prerogative, “while guarding and preserving the rights of the people.” They assured him also that the “most effective means of securing the cooperation of the Commons will be at all times a conviction that the British principle has been observed, and Your Excellency surrounded by advisers enjoying the public confidence.”

On February 11 the House, organized as the committee of the whole, debated the meaning of the new constitution. The task of defending the principles on which the new government had been constructed fell naturally to the Reform leader, Joseph Howe, and his speech was something of a defense of his own act in accepting a place in the new organization. He declared that the changes had not been exactly according to his views and those of his party, but were the best that could be obtained under the circumstances. The British government had conceded to them the principle that harmony must be the rule as between the Executive Council and the Assembly.

The Governor-General had given them all to understand that no one was to sit in the Council unless he occupied a seat in one of the legislative bodies. Thomson had urged him to enter the Council, and he had done so reluctantly, with the “distinct understanding” that harmony was to prevail between the Executive and the Legislative departments. This principle would lead ultimately to the establishment of responsible government as understood by the Liberal party and its leaders, and the new system was a long step in that direction. To Howe the Coalition was simply a temporary convenience, out of which would come in time a permanent system under which the will of the people would be recognized as the supreme law. Meanwhile, a good and efficient government would be carried on concerning itself primarily with the peace and prosperity of the province.

Falkland evidently was following an entirely different point of view. To him it seemed that Howe’s acceptance of a seat in the Executive body had broken the back of the Liberal opposition. He had even taken in some of Howe’s friends and followers in order to strengthen the popular leader, to make of him a stronger support for the government, and to keep in line the Liberal members of the newly elected Assembly. Herbert Huntington, however, refused to accept either a seat in the Council or the compromise of principle. He continued to insist that the control of the casual and territorial revenues should be in the hands of the local government and that the Executive Council should be reorganized by dismissing all those who had opposed the Reform program. But Huntington’s following was small, and Falkland’s government, with the support of Howe and Uniacke, could easily command a majority in the Assembly.

The leader of the old Conservative party, Solicitor-General J. W. Johnston, spoke in the Legislative Council, the strong citadel of the old order, on February 17. His speech may be taken as a reply to Howe’s attempt in the Assembly to define the constitution. He thought it impossible to recognize any fundamental change whatsoever. No statute existed which defined the power of any part of the British government, and the same principle held true for their local constitution. The “good sense” and “good feeling” of all branches explained the success of its operations. “Direct responsibility” was entirely “inconsistent with the circumstances of a colony,” because of a lack of proper checks and balances, such as existed in the mother country; the well defined orders of society, and nicely balanced economic interests did not exist in Nova Scotia.

“The change cannot be defined in specific terms. It is not a change of the constitution as has been said elsewhere. The three branches will continue as before; the change simply is that it becomes the duty of the representatives of Her Majesty to ascertain the wishes and feelings of the people through their representatives and to make the measures of Government conform to these so far as it is consistent with his duty to the mother country. This is not to be effected by any declaration that he should do so; nor any power of the assembly to say that it has not been done, but by calling to his Councils individuals possessing influence in the Legislature, who may advise measures that would secure confidence and harmony. Supposing they did not command the confidence, is the Governor bound at the bidding of the people, to change his Councils? If that question were put in writing it would receive a negative from the Home Government. Yet who will say, that in the present position of the Executive, some such power exists . I cannot lay my hand on any theoretic change. The system is not that sought last year by the action of the Assembly on the vote of want of confidence.”

This was a calm explanation by the Conservative leader of the new order of things in Nova Scotia, and a flat repudiation of the claims of the Liberal members of the Government. The will of the Assembly was only a matter of convenience for the Lieutenant-Governor. His responsibility was to the Secretary of State for the Colonies, and through him to the Crown of England; to go beyond this was to court the disruption of the Empire. Could Nova Scotia continue moving in the direction of self-government and still remain loyal to the British King? If so, a constitutional revolution was certainly in progress.

Alexander Stewart, another member of the new government with a seat in the Legislative Council, was even more outspoken against the claims asserted by Howe. The Executive Council was completely independent of the other branches of the government. Responsible government in a colony would mean independence, severing the bonds of the empire, and in his opinion, it was “responsible nonsense.”

The view thus expressed by the Conservative leaders was a challenge to Joseph Howe. He had entered the government with these men, understanding that a new constitution had been established. He met the issue, therefore, emphatically and at once, in a statement from the floor of the Assembly in which he said that “if any man in the colony, in this House or the other, says that there is no change in the constitution, the person so speaking does not state what is the fact.”

The principle had been established if the House was true to itself, that the Executive Council depended for its continuation upon the support of the popular branch, and must resign in case of a vote of censure by that body. The next day he spoke at length on the same question asserting again with considerable spirit that the constitution sought by the Liberal party had been fully established. It was the British system, and now, in case of an adverse vote by the Assembly, the Lieutenant-Governor must do one of three things: discharge the Executive Council, change his policy, or appeal to the people by dissolving the Assembly.

It is clear from these statements that the members of Falkland’s government did not agree as to the meaning of the constitution under which they served, and that there was a serious lack of harmony among the members of the new Executive Council. Each side claimed that the British constitution had been granted to Nova Scotia, but each had a different interpretation as to its fundamental meaning. The same difference of opinion would have been found at the same time even among the members of the British Parliament.

The whole question of the responsibility of the ministry was quite unsettled, and at this time Lord John Russell himself would hardly have dared to venture an opinion as to the exact definition of that responsibility. The task of the ministry in England was not to quibble over a theoretical point, but to carry on the government as successfully as circumstances would permit. This same task faced the coalition government of Nova Scotia. In most instances an opposition party would have debated with the members of the government the theories upon which it rested, but in the case of Nova Scotia the opposition was now a part of the government, so the argument was carried on among its own members.”

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

Nova Scotia and her People (The Family Compact)

There was a spark of academic interest from south of the border that coincided with the abolition of Nova Scotia’s Senate, known as the Legislative Council. It was a change that seemed to signal a final split from its once-colonial brethren who had chosen Statehood and Constitutions for themselves rather than life as subjects under an unwritten, forever fungible constitution. The split can be seen clearly enough in many of the legal libraries of American schools who negated to stock yearly Provincial acts going forward from 1929, as they had up until that point.

I really appreciate Livingston’s perspective, perhaps owing partially to his geographical situation in Iowa, later recognized with first in the nation status, but also as it relates to the American lens and “republicanism” — less so with regard to capital R in terms of the party, more generally as a concept, self government and popular sovereignty. That Nova Scotia is the only legislature instituted before the revolution that survived beyond creates a unique opportunity in terms of studying its constitutional mechanics.

I share some of the concerns of the Family compact of the old days in terms of an elected Senate, certainly one that is directly elected, that it pollutes a branch which should be relatively free of public feeling unlike the lower house. The disappearance of such an institution doesn’t disappear those it was traditionally meant to represent, no doubt these interests are well-served by the present circumstance but under a kind of cover in a unicameral house. That Nova Scotia and all Canadian provinces for that matter now operate without a bicameral check with executives essentially inseparable from the judicial is the antithesis of the protection of liberties and safe government that Howe tried to impart.

Propelled by a pandemic in what has become an all-encompassing green light to unilateral state action, today we plunge headlong into authoritarianism and totalitarianism with no institution or mechanism left to prevent it. Representatives of “the crown” in complete and perfect opposition to “the people”, the people’s management conducted by a government monopoly bureaucracy regulated so as to purport its emanations are that of the people not an insular ruling class. The spirit of the star chamber propels the machinations of its gears, the King’s tea as a concept as applied to an ever-increasing number of its services for which anything but the most inconsequential competition is against the law, the ultimate return to form in what is or has become or has returned to being a proprietary vessel in its entirety.


“The government of Nova Scotia in 1830, like that of the other British provinces having representative institutions, was, as far as conditions would permit, a replica of the government of the mother country. Pitt had spoken of the Constitutional Act of 1791 for Canada as the “very transcript of the English constitution” and the constitution of Nova Scotia was very nearly the same. But according to the British constitutional system as it was understood and interpreted by the British statesmen in the closing years of the eighteenth century, representative institutions in a colony as well as at home did not mean that the government was in any way democratic or responsible to the people of the state. Indeed it was understood by many that the great advantage of the English system was that it was so checked and balanced that any direct control by the people would be virtually impossible. In Nova Scotia the balanced mixture of Monarchy, aristocracy, and representation was characterized by one observer as “John Bull, a farce in three acts.”

The Lieutenant-Governor and the Council acted as sufficient checks upon any pretensions to power which might find expression in the popular branch… The wealthy merchant class, the members of the Established Church, the officials and employees of the government, with their relatives and friends constituted a party, known here as it was known in the Canadas, as the “Family Compact.” In no province was this group so completely entrenched in power as in Nova Scotia, but it must be said also in their favor that the members of this party were able and efficient in the administration of the local government.

The third part of the “farce in three acts” was a House of Assembly elected by the freeholders of the several counties. Supposedly this was a miniature House of Commons, but according to the Whig theory of responsibility, it was the mistake in the whole system. In England the House of Commons was in no sense a democratic assembly, nor was it representative, directly, of the great mass of the English people.

In this body, as in similar bodies in Massachusetts and Virginia a half century earlier, the popular will found expression and the spirit of reform made itself manifest. To be sure the power of this Assembly was sufficiently checked and properly balanced by the Governor and the Council, but even so, it made a breeding place for the germs of reform and discontent which developed out of their local problems, or were brought in either from the United States or the mother Country. It was indeed hardly necessary to introduce this spirit from the outside, for it had been planted by the early settlers, and there were many good reasons for its growth and development. The dissenting pioneers from Scotland and Ireland, and those from early New England, would never be content with a government patterned upon the unreformed oligarchy of eighteenth-century England and administered by a secret Council supported by a “Family Compact” and an Established Church.

The Baptist churches, having come from the Congregationalists of New England, understood the principles of popular representative government, and the Presbyterians not only practiced self-government in their church organizations, but taught it openly for the government of the state. (It is said that Joseph Howe learned first of the principles of responsible government from a Scottish minister by the name of MacCulloch, who founded Pictou Academy as a liberal educational institution in 1820). The Roman Catholics also opposed a government in which they had no voice and which proscribed for them as severely in the colony as it did in the mother country. Indeed, class government by the Halifax aristocracy was almost as much out of place in the growing life of Nova Scotia as had been John Locke’s Grand Model in the wilderness of old Carolina. (The Fundamental Constitution, 1669, see H.R. Fox Bourne, The Life of John Locke (2 vols., New York, 1876), Vol. I, pp. 339 et seq.)

On several occasions prior to 1835 the spirit of reform and opposition showed itself in the local assembly. One of the first of these outbreaks came in an attempt to regulate the financial and banking facilities of the province. In 1825 a group of merchants in Halifax organized a private banking concern, the Halifax Banking Company. It had no charter from the government and proceeded to issue notes without the legal requirement that they should be redeemed in specie. The members of this company were also members of the provincial council, which meant that for a number of years the company possessed a monopoly of the banking business of the province.

The Halifax Banking Company was organized on July 1, 1825, as follows:

Hon. Enos Collins  £10,000
Henry H. Cogswell £10,000
Andrew Belcher £10,000
James Tobin £5,000
Samuel Cunard £5,000
John Clark £5,000
William Prior £5,000
Joseph Allison £5,000
Martin Gay Black £5,000

From 1832 to 1837 five members of the Halifax Banking Company were members of the Council of twelve:

Enos Collins appointed in 1822
Samuel Cunard appointed in 1831
H.H. Cogswell appointed in 1832
Joseph Allison appointed in 1832
James Tobin appointed in 1832

Enjoying the protection and cooperation of the local government, the enterprise was profitable for its stockholders. The province was soon flooded by their paper notes, which led naturally to a serious economic and financial maladjustment. The result was a movement for the incorporation of a regularly chartered banking institution. The liberal reforming elements in the Assembly supported the move, while the Council and Family Compact, as might be expected, opposed it. The agitation resulted in a temporary victory for the reformers and the incorporation in 1832 of the Bank of Nova Scotia, destined in time to be one of the great banking institutions of the new world. The old private company continued, however, and the consequent rivalry of the two banks became a factor in the movement for a reform in the local constitution. (Short accounts of this early episode are give in A.M. Saunders, Three Premiers of Nova Scotia (Toronto, 1909), p.61, and in W.S. Grant, The Tribune of Nova Scotia (Toronto, 1915), pp. 26-27).

From Three Premiers of Nova Scotia: “After the miscarriage of the resolution initiated and supported by the Reformers before Mr. Howe had a seat in the Legislative branch, and which were intended to effect a change in the constitution of the Council, Mr. Howe took a bolder stand in his paper. His editorials attracted much attention, and he was denounced by the old school. In his newspaper work he evidently resorted to the device of writing anonymous articles, purporting to come from different parts of the Province. This awakened much interest in the places where, they were supposed to have been written; and men in these localities not wishing to be outdone by their neighbors, tried their hand at writing for the press. By this stratagem the people were aroused, and latent talent developed. By this and various other schemes Mr. Howe rapidly gained influence with the people. As his opponents became bolder, his friends and popularity increased.
About this time the currency question was a burning subject in the minds of the people. Neither the bank then established in Halifax nor the Government was by law bound to meet their paper by specie payment. This principle soon produced its legitimate fruits. Gold and silver were withdrawn from circulation, and paper money was depreciated. Mr. Howe denounced both the bank and the Government as enemies of the people. In this he was not alone. Among prominent men, Bliss, Huntington, Fairbanks and others stood with him. This abuse, after a short struggle, was removed.”

From The Tribune of Nova Scotia: “Early in the nineteenth century, when there was no bank in the province, the government had issued notes, for the redemption of which the revenues of the province were pledged. In 1825 some of the more important merchants founded a bank, and issued notes payable in gold, silver, or provincial paper. The Halifax Banking Company, as this institution was called, was simply a private company, with no charter from the province, and that it was allowed to issue notes is an instance of the easy-going ways of those early days. No less than five of its partners were members of the Council. Thus the state of affairs for some years was that there was but one bank in the province, that its notes were redeemable in provincial paper, and that the Council was largely composed of its directors, who could order the province to print as much paper as they wished. The Halifax Banking Company was of great benefit to the provincial merchants, and, though its partners made large profits, there is no proof that they abused their position on the Council to aid them in business. But the general feeling in the province was one of suspicion, and the combination of financial and legislative monopoly was certainly dangerous. Soon some other citizens endeavored to found another bank and to have it regularly incorporated by provincial charter, with the proviso that all paper money issued by it should be redeemable in coin. The directors of the Halifax Banking Company fought this proposal fiercely, both in business circles and in the Council, arguing that as the balance of trade was against Nova Scotia, there would rarely be enough ‘ hard money ‘ in the province to redeem the notes outstanding. In 1832, however, popular clamor forced the legislature to grant its charter to the second bank, the Bank of Nova Scotia. The Halifax Banking Company also continued to do a flourishing business, and during the struggle of Howe and his fellow-reformers against the Council, the influence of its partners was one of the chief causes of complaint. In 1873 it obtained a charter from the Dominion, but in 1903 was absorbed by the Canadian Bank of Commerce (CIBC).”


In 1830; the attempt of the Council to prevent an increase of the duty; on brandy by the Assembly brought the two bodies into violent conflict. The Assembly under the leadership of S. G. W. Archibald held that the regulation of taxes, under British precedent, belonged solely to the representatives of the people. The Council on the other hand catered to the wealthy brandy merchants of Halifax who were evidently trying to escape the tax barrier. The controversy was one of considerable warmth and led to a general election in which the party of the Assembly won a signal victory, electing all of their candidates with one exception. For the moment it seemed that the Reform party would be able to control the whole government. Their leader, however, Archibald, was elected to the speakership which removed him from active participation in party politics, and the Family Compact group continued in power. (Parts of the debate on the brandy tax are quoted in Nova Scotia, in its historical, mercantile and industrial relations, Duncan Campbell (Montreal, 1873), pp. 268-276).

From Nova Scotia, in its historical, mercantile and industrial relations: “Since the revolution of 1688 the Lords had ceased to claim a privilege which the Commons had resisted so frequently, and at the time of the collision between the Assembly of Nova Scotia and His Majesty’s Council, it was a settled principle of the constitution, that all charges or burthens on the people must begin with the Commons, and cannot be altered by the Lords.
Much dissatisfaction was expressed in all sections of the country with the Council for the rejection of the revenue bill, and the general feeling was so forcibly evinced in various ways that no doubt could be entertained as to the result of the coming election, which was that all the leaders of the opposition to the action of the Council were re-elected, with the exception of Mr. Beamish Murdoch.
Mr. S. G. W. Archibald was again elected Speaker, and in returning thanks stated his determination to preserve inviolate the privileges of the House.”

In 1829 Howe began to write definitely on political questions. He studied the English papers and pamphlets, and became familiar with the reform movement in the mother country. In 1830, during the brandy dispute, he championed the cause of the Assembly against the Council and the Family Compact. The election of that year was a victory for the Reform party, but the triumph was wasted through want of proper leadership. Howe saw the need of educating the people, particularly those in the rural sections, along political lines, and to that end gave his attention to the publication of what he termed his “Legislative Review,” a series of articles on the political issues of the day. Laboring under a burden of debt, with the success of his paper yet to be won, with no friends among those of the inner circle of Halifax, the young editor attacked the problems of the province with courage and ability. When the new Assembly, elected in 1830, failed to accomplish the reforms for which it had been chosen, he informed his readers and urged them to continue the fight for their just rights and privileges in the control of the local government.

The masses of the plain people caught the inspiration of his zealous appeals and a new party feeling and a new party solidarity began to gather around his leadership. His zeal also brought down upon his head the wrath of the powerful Family compact.


On January 1, 1835, an important date in the history of reform in Nova Scotia, a letter appeared in Joseph Howe’s paper, The Nova Scotian, accusing the magistrates of the city of Halifax of corruption in the management of municipal affairs. (Halifax had not been incorporated as a city but was still under the old system of municipal control, i.e. under a body of magistrates appointed by the Crown).

As might be expected the city government was entirely in the hands of the members of the Family Compact party who had already felt the sting of the opposition of the young editor. In fact the letter had been written and contributed by a friend, but as publisher, Howe was obliged to take the legal responsibility for its appearance and suffer the wrath of the city fathers. This was their opportunity; they could now crush him completely; a heavy fine would mean financial ruin; a jail sentence would cool his zeal, and both would shatter forever his influence as a reformer. At a meeting of the Grand Inquest of the County, therefore, a true bill was lodged again Joseph Howe for criminal libel. (At that time in criminal libel the truth of the libel could not be introduced as evidence. This was changed in England in 1843 by Lord Campbell’s Act).

This meant that the law officers of the Crown would prosecute him as a dangerous character in the community in which he had grown to manhood and where he was respected and loved by a large majority of the population. It was in some respects a cowardly proceeding on the part of the magistrates of the city. Because of the legal circumstances Howe was thus caught in a dangerous and difficult situation. First he went to his friends of the legal profession, but no one of them would take the case of his defense. They were ambitious and did not wish to endanger their future by opposing openly the powers of the inner circle. Their advice to Howe was to admit the guilt of the charge and trust to the mercy of the court for leniency.

Howe was made of finer and stronger stuff and refused positively to entertain the idea of guilt. He would prepare and handle his own defense. It was a brave stand for the odds were heavy against him. He had no legal training, nor even the advantage of a higher education, and his experience in court had been only that of a newspaper reporter. Moreover, the very judges before whom he was to be tried, while men of character, were all friends of the same group that sought his destruction. Undaunted, he borrowed the law books of his friends, and, by the time his case was called, had mastered the law; of libel and was ready for the ordeal of his own defense.

Joseph Howe had many friends among the more democratic elements of the community, and to them the issue of the trial was an important political matter. The government was bent upon destroying the champion of popular interests, one who had lifted up his voice in criticism of maladministration. On the day of the trial crowds of people came to the court to hear the arguments in the case. Howe had written and memorized two paragraphs of his address to the court and jury. With the skill of a trained and experienced lawyer, he convinced his hearers of his innocence and of the injustice of the charges placed against him. For six hours his eloquence and wit held the unbroken attention of the jury and the onlookers. He lifted the case out of the narrow grooves of legal technicalities and placed it beside the great issues over which had been fought the battles for British liberty. The freedom of the press was at stake; one of the fundamental rights of all Britishers had been questioned; and his speech was a plea for its vindication.

He claimed for himself the “impenetrable shield of the British law,” and “those invaluable principles” which “our forefathers fixed and have bequeathed.” When he had finished Howe returned to his humble home where the great emotion, which had filled his soul poured itself out in a flood of tears. He had not known before or even suspected that he possessed such power.

The next morning the Crown’s attorney closed the case with a strong argument in support of the law against public slander and for the conviction of the young editor. But in spite of his efforts and the stern and straightforward instructions of the Chief Justice5 the jury returned a unanimous verdict of not guilty. The joy of the community was unbounded and the feelings of the people could no longer be held in check. Howe was carried to his home on the shoulders of his friends and admirers and the victory was celebrated by a two days’ holiday. Politically Joseph Howe had been born. The leadership had at last been found which the reforming forces of Nova Scotia were to follow gladly for a generation. In this simple triumph a movement was started which was to produce ultimately a method of government under the Crown more freely democratic than that sought and established by the patriots of 1776 under republican institutions. But no man who celebrated the vindication of young Howe, realized the ultimate importance of the occasion.


Howe was already a statesman of the Empire and his vision embraced a world wide organization, based upon “a right understanding” of the ancient Constitution of England. He was seeking not only to adapt the English system to the growing life of Nova Scotia, but also to every other colony under the British Crown. The life of Nova Scotia was fundamentally democratic, and in this quest his great object was self-government without independence; he was seeking all that Dickinson and Jefferson had sought before the fateful hour of 1776, and he knew it could be accomplished without resorting to secession or to republicanism. In short, Joseph Howe, in seeking to adapt the English system to the conditions of life in the new colonies was in reality propounding the question of colonial responsible government, which was the first step in the transformation of the constitution of the Empire. The cornerstone of the Commonwealth was in the making.

The Resolutions were opposed by the Family Compact with all its strength. Some of the best leadership, and some of the most thoughtful people in the province were of that group. The program of the Reform party, they argued, would lead to independence and republicanism. Their liberties were preserved by monarchical institutions, and they pointed to the sad state of the government of the United States as an example of a self-governing democracy which they did not care to follow. The proposal to make the Council elective would “substitute for the high minded independence of Englishmen, the low and groveling subservancy of democracy.” The elective principle should ever be discouraged in order to preserve to Nova Scotia and to posterity the constitution of the mother country.”

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

Selections from the public documents of the province of Nova Scotia

Advertisement.* (copy.) Whitehall, 7th March, 1749.

A proposal having been presented unto His Majesty for the establishing a civil government in the Province of Nova Scotia, in North America, as also for the better peopling and settling the said Province, and extending and improving the Fishery thereof, by granting lands within the same, and giving other encouragement to such of the officers and private men lately dismissed His Majesty’s land and sea service, as shall be willing to settle in said Province. And His Majesty having signed his royal approbation of the report of the said proposals, the Right Honourable the Lords Commissioners for Trade and Plantations, do by His Majesty’s command, give notice that proper encouragement will be given to such of the officers and private men lately dismissed His Majesty’s Land and Sea service, as are willing to accept of grants of land, and to settle with or without families in Nova Scotia. That 50 acres of land will be granted in fee simple to every private soldier or seaman, free from the payment of any quit rents or taxes for the term of ten years, at the expiration whereof no person to pay more than one shilling per annum, for every 50 acres so granted.

That a grant of 10 acres, over and above the 50, will be made to each private soldier or seaman having a family, for every person including women and children of which his family shall consist, and from the grants made to them on the like conditions as their families shall increase, or in proportion to their abilities to cultivate the same.

That eighty acres on like conditions will be granted to every officer under the rank of Ensign in the land service, and that of Lieutenant in the sea service, and to such as have families, fifteen acres over and above the said eighty acres, for every person of which their family shall consist.

That two hundred acres on like conditions will be granted to every Ensign, three hundred to every Lieutenant, four hundred to every Captain, and six hundred to every officer above the rank of Captain. And to such of the above mentioned officers as have families, a further grant of thirty acres will be made over and above their respective quotas for every person of which their family shall consist.

That the lands will be parcelled out to the settlers as soon as possible after their arrival, and a civil government established, whereby they will enjoy all the liberties, privileges and immunities enjoyed by His Majesty’s subjects in any other of the Colonies and Plantations in America, under His Majesty’s Government, and proper measures will also be taken for their security and protection.

That all such as are willing to accept of the above proposals shall, with their families, be subsisted during the passage, also for the space of twelve months after their arrival.

That they shall be furnished with arms and ammunition as far as will be judged necessary for their defence, with a proper quantity of materials and utensils for husbandry, clearing and cultivating the lands, erecting habitations, carrying on the fishery, and such other purposes as shall be deemed necessary for their support.

That all such persons as are desirous of engaging in the above settlement, do transmit by letter, or personally give in their names, signifying in what regiment or company, or on board what ship they last served, and if they have families they intend to carry with them, distinguishing the age and quality of such person to any of the following officers appointed to receive and enter the same in the books opened for that purpose, viz : — John Pownell, Esq., Solicitor and Clerk of the Repts. of the Lords Comrs. of Trade and Plantations, at their office at Whitehall; John Russell, Esq., Comr. of His Majesty’s Navy at Portsmouth; Philip Vanburgh, Esq., Comr. of His Majesty’s Navy at Plymouth.

And the proper notice will be given of the said Books being closed, as soon as the intended number shall be completed, or at least on the 7th day of April.

It is proposed that the Transports shall be ready to receive such persons on board on the 10th April, and be ready to sail on the 20th, and that timely notice will be given of the place or places to which such persons are to repair in order to embark.

That for the benefit of the settlement, the same conditions which are proposed to private soldiers and seamen shall likewise be granted to Carpenters, Shipwrights, Smiths, Masons, Joiners, Brickmakers, bricklayers and all other artificers necessary in building or husbandry, not being private soldiers or seamen.

That the same conditions as are proposed to those who have served in the capacity of Ensign shall extend to all Surgeons, whether they have been in His Majesty’s service or not, upon their producing proper certificates of their being duly qualified.

By order of the Right Hon. the Lords Comrs. of Trade and Plantations.

Thomas Hill, Secretary.

*This advertisement was published in the London Gazette, March, 1749


His Majesty’s Commission to His Excellency Governor Cornwallis

George the Second, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &c. To our Trusty and well beloved, the Honorable Edward Cornwallis, Esquire, Greeting. Whereas we did by our Letters Patent under our Great Seal of Great Britain bearing date at Westminster the Eleventh day of September in the second year of Our Reign constitute and appoint Richard Philipp’s, Esquire, Our Captain General and Governor in Chief, in and over Our Province of Nova Scotia or Acadie in America, with all the rights, members and appurtenances whatsoever thereunto belonging, for and during our will and pleasure ; as by the said recited Letters patent relation being thereunto had may more fully and at large appear.

Now Know you that we have revoked and Determined and by these presents do Revoke and Determine the said recited Letters Patent, and every clause, article and thing therein Contained; and Further Know you that we reposing special trust and confidence in the prudence, courage and Loyalty of you the said Edward Cornwallis of our especial Grace certain knowledge and meer motion have thought fit to constitute and appoint you the said Edward Cornwallis to be our Captain General & Governor in Chief in and over our province of Nova Scotia or Acadie in America with all the rights, members and appurtenances whatsoever there- unto belonging, and we do hereby require and command you to do and execute all things in due manner that shall belong unto your said Command and the Trust We have reposed in you according to the several powers and authorities granted or appointed you by tins present Commission and the instructions herewith given you or by such further powers, Instructions and authorities as shall at any time hereafter, be granted or appointed you under our signet & sign manuel or by our order in our privy Council & according to such Seasonable Laws and Statutes as hereafter shall be made or agreed upon by you with the advice and consent of Our Council and the Assembly of our said province under Your Government hereafter to be appointed in such manner & form as is here- after expressed.

And for the better administration of Justice and the management of the Publick affairs of our said province, We hereby give and grant unto you the said Edward Cornwallis full power and authority to Chuse nominate & appoint such fitting and discreet persons as you shall either find there or carry along with you not exceeding the number of Twelve, to be of our Council in our said Province. As also to nominate and appoint by Warrant under your hand and seal all such other officers and ministers as you shall Judge proper and necessary for our service and the good of the people whom we shall settle in our said Province untill our further will and pleasure shall be known.

And our will and pleasure is that you the said Edward Cornwallis (after the publication of these our Letters Patent) do take the Oaths appointed to be taken by an Act passed in the first year of his late Majesty’s our Royal father’s Reign, Entitled an Act for the further security of His Majesty’s Person and Government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors. As also that you make and subscribe the Declaration mentioned in an Act of Parliament made in the Twenty fifth year of the Reign of King Charles the Second entitled an Act for preventing dangers which may happen from Popish Recusants. And likewise that you take the usual Oath for the due execution of the office and trust of Our Captain General & Governor in Chief of our said Province for the due and impartial Administration of Justice } and further that you take the oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be observed. All which said Oaths and Declaration Our Council in our said province or any five of the members thereof have hereby full power and authority and are required to tender and administer unto you and in your absence to our Lieutenant Governor, if there be any upon the place, all which being duly performed you shall administer unto each of the members of Our said Council as also to our Lieutenant Governor, if there be any upon the place, the said Oaths mentioned in the said Act Entitled an Act for the further security of His Majesty’s Person & Government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors ; as also to cause them to make and subscribe the aforementioned declaration and to administer to them the Oath for the due execution of their places and Trusts.

And We do hereby give & grant unto you full power and Authority to suspend any of the members of our said Council to be appointed by you as aforesaid from sitting voting and assisting therein if you shall find just cause for so doing.

And if it shall at any time happen that by the Death departure out of our said province, suspension of any of our said Councilors or otherwise there shall be a vacancy in our said Council (any five whereof we do hereby appoint to be a Quorum) our will and pleasure is that you signify the same unto us by the first opportunity that we may under our signet & sign manuel constitute and appoint others in their stead.

But that our affairs at that distance may not suffer for want of a due number of Councilors, if ever it shall happen that there shall be less than nine of them residing in our said Province We hereby give and grant unto you the said Edward Cornwallis full power and authority to Chuse as many persons out of the principal freeholders Inhabitants thereof as will make up the full number of our said Council to be nine and no more; which person so chosen and appointed by you shall be to all intents and purposes Councilors in our said Province until either, they shall be confirmed by us or that by the Nomination of others by us under our sign manuel or signet our said Council shall have nine or more persons in it.

And We do hereby give and grant unto you full power & authority with the advice and consent of our said Council from time to time as need shall require to summon and call General Assemblys of the Freeholders and Planters within your Government according to the usage of the rest of our Colonies & plantations in America. And our will and pleasure is that the persons thereupon duly elected by the major part of the Freeholders of the Respective Counties and places & so returned shall before their setting take the Oaths mentioned in the said Act entitled an Act for the further security of his Majesty’s Person and government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors, as also make and subscribe the aforementioned Declaration (which Oaths & Declaration you shall commissionate fit persons under our seal of Nova Scotia, to Tender and administer unto them,) and until the same shall be so taken and subscribed no person shall be capable of sitting tho’ elected, and we do hereby declare that the persons so elected and qualified shall be called and deemed the General Assembly of that our Province of Nova Scotia.

And that you the said Edward Cornwallis with the advice and consent of our said Council and Assembly or the Major part of them respectively shall have full power and authority to make, constitute and ordain Laws, Statutes & Ordinances for the Publick peace, welfare & good government of our said province and of the people and inhabitants thereof and such others as shall resort thereto & for the benefit of us our heirs & Successors, which said Laws Statutes and Ordinances are not to be repugnant but as near as may be agreeable to the Laws and Statutes of this our Kingdom of Great Britain.

Provyded that all such Laws, Statutes & Ordinances of what nature or duration so ever be within three months or sooner after the making thereof transmitted to us under Our Seal of Nova Scotia for our approbation or Disallowance thereof as also Duplicates by the next conveyance.

And in case any or all of the said Laws, Statutes & Ordinances not before confirmed by us shall at any time be disallowed and not approved & so signyfied by us our Heirs or Successors under our or their sign manuel & signet or by order of our or their privy Council unto you the said Edward Cornwallis or to the Commander in Chief of our said Province for the time being then such and so many of the said Laws Statutes, and Ordinances as shall be so disallowed <fc not approved shall from thenceforth cease, determine & become utterly void & of none elect any thing to the contrary thereof notwithstanding.

And to the end that nothing may be passed or done by our said Council or Assembly to the prejudice of us our Heirs & Successors We Will & ordain that you the said Edward Cornwallis shall have and enjoy a Negative Voice in the making and passing of all Laws, Statutes & Ordinances as aforesaid.

And you shall & may likewise from time to time as you shall Judge it necessary, adjourn, Prorogue & Dissolve all General Assemblies as aforesaid.

And our further will and pleasure is that you shall and may keep & use the Publick Seal of our Province of Nova Scotia for Sealing all things whatsoever that Pass the Great Seal of Our said Province under your Government.

And We do further give and grant unto you the said Edward Cornwallis full power and authority from time to time & at any time hereafter by yourself or by any other to be authorised by you in that behalf to administer and give the Oaths mentioned in the aforesaid Act to all and every such person or persons as you shall think fit who shall at any time or times pass into our said Province or shall be residing or abiding there.

And We do by these presents give and grant unto you the said Edward Cornwallis full power and authority with advice and consent of our said Council to erect constitute and establish such & so many Courts of Judicature & publick Justice within our said Province and Dominion as you and they shall think fit and necessary for the hearing & determining all causes as well Criminal as Civil according to Law and Equity and for awarding of Execution thereupon with all reasonable and necessary powers, Authorities fees & Privileges belonging thereunto as also to appoint & Commissionate fit per- sons in the several parts of your Government to administer the oaths mentioned in the aforesaid Act Entitled an Act for the further security of His Majesty’s Person & Government & the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors; As also to tender & Administer the aforesaid Declaration unto such persons belonging to the said Courts as shall be obliged to take the same.

And We do hereby authorise and Impower you to constitute & appoint Judges & in cases requisite Commissioners of Oyer & Terminer, Justices of the Peace and other necessary officers & ministers in our said Province for the better ad- ministration of Justice and putting the Laws in execution and : to administer or cause to be administered unto them such oath or oaths as are usually given for the due execution and performance of offices and places and for the clearing of truth in Judicial Causes.

And We do hereby give and Grant unto you full power & Authority where you shall see cause or shall Judge any offender or offenders in Criminal matters or for any fines or forfeitures due unto us, fit objects of our mercy to pardon all such offenders and to remitt all such Offences Fines & Forfeitures, Treason & willfull murder only excepted; in which cases you shall likewise have power upon extraordinary occasions to Grant Reprieves to the offenders untill & to the intent our Royal Pleasure may be known therein.

We do by these presents Authorise and empower you to collate any Person or Persons to any Churches, Chapels or other Ecclesiastical Benefices within our said Province as often as any of them shall happen to be void.

And We do hereby give & grant unto you the said Edward Cornwallis by yourself or by your Captains & Commanders by you to be authorized full power and authority to Levy, arm, muster, command & employ all persons whatso- ever residing within our said Province and as occasion shall serve to march from one place to another or to embark them for the resisting & withstanding of all Enemies, Pirates & Rebels both at Land & Sea, and to Transport such Forces to any of our plantations in America if necessity shall require for the Defence of the same against the Invasion or attempts of any of our Enemies, and such Enemies, Pirates & Rebels if there shall be occasion to pursue and prosecute in or out of the Limits of our said Province & plantations or any of them & (if it shall so please God) to vanquish, apprehend & take them & being taken, according to Law to put to death or keep & preserve them alive at your discretion & to execute Martial Law in time of Invasion or other Times when by Law it may be executed & to do & execute all & every other thing or things which to our Captain Generals & Governor in Chief Doeth or ought of right to belong.

And we do hereby give & grant unto you full power and authority by & with the advice and consent of our said Council of Nova Scotia, to Erect, Raise & Build in our said Province such & so many Forts & Platforms, Castles, Citys, Boroughs, Towns & Fortifications as you by the advice aforesaid shall Judge necessary, and the same or any of them to fortify and furnish with ordinance, ammunition & all sorts of arms fit and necessary for the security and defence of Our said Province and by the advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient.

And for as much as divers mutinies & disorders may happen by persons shipped and employed at sea during the time of War and to the end that such as shall be shipped & employed at sea during the time of War, may be better governed & ordered, We hereby give and grant unto you the said Edward Cornwallis full power and authority to constitute & appoint Captains, Lieutenants, Masters of Ships & other Commanders & Officers, and to grant to such Captains, Lieutenants, Masters of Ships & other Commanders & Officers Commissions in time of War to execute the Law martial according to the directions of such Laws as are now in force or shall hereafter be passed in Great Britain for that purpose and to use such proceedings, authorities, punishments and executions upon any offender or offenders who shall be mutinous, seditious, disorderly or any way unruly either at sea or during the time of their abode or residence in any of the Ports, Harbours or Bays of our said Province as the cause shall be found to require according to the martial Law and the said directions during the time of War as aforesaid.

Provyded that nothing herein contained shall be construed to the enabling you or any by your authority to hold Plea or have any Jurisdiction of any offence, cause, matter or thing committed or done upon the high sea or within any of the Havens, Rivers or Creeks of our said Province under your Government by any Captain, Commander, Lieutenant, master, officer, seaman, soldier or person whatsoever, who shall be in our actual service & pay in or on board any of our Ships of War or other Vessels, acting by immediate Commission or Warrant from our Commissioners for executing the office of our High Admiral of Great Britain for the time being, under the Seal of Our Admiralty, but that such Captain, Commander, Lieutenant, master, officers, seaman, soldier, or other person so offending shall be left to be proceeded against & tryed as their offences shall require either by Commission under our great Seal of Great Britain as the Statute of the 28th of Henry the eighth directs or by Commission from our said Commissioners for executing the office of our High Admiral or from our High Admiral of Great Britain for the time being, according to the aforementioned Act for the establishing Articles & orders for the Regulating and better Government of His Majesty’s Navies, Ships of War & Forces by sea and not otherwise.

Provyded nevertheless that all disorders & misdemeanors, committed on shore by any Captain, Commander, Lieutenant, master, officer, seaman, soldier or other person whatsoever belonging to any of our ships of War or other Vessels acting by Immediate Commission or Warrant from our said Commissioners for executing the office of High Admiral or from our High Admiral of Great Britain for the time being under the Seal of Our Admiralty, may be tried & punished according to the Laws of the Place where any such disorders, offences and misdemeanors shall be committed on shore, notwithstanding such offender be in our actual service, & borne in our pay, on board any such our ships of war or other vessels acting by immediate Commission or warrant from our said Commissioners for executing the office of High Admiral or our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of Justice for such offences committed on shore from any pretence of his being employed in our service at Sea.

And our further will and pleasure is that all publick money raised or which shall be raised by any Act hereafter to be made within our said province be issued out by Warrant from you by & with the advice and consent of the Council & dis- posed of by you for the support of the Government and not otherwise.

And we do likewise give & grant unto you full power and authority by & with the advice and consent of our said Council to. settle and agree with the Inhabitants of our Province for such Lands, Tenements, & hereditaments as now are or hereafter shall be in our power to dispose of and them to grant to any Person or Persons upon such terms and under such moderate Quit Rents services and acknowledgements to be thereupon reserved unto us as you by & with the advice aforesaid shall think fit. Which said grants are to pass & be sealed by our seal of Nova Scotia and being entered upon Record by such officer or officers as shall be appointed thereunto, shall be good & effectual in Law against us our heirs <fc successors. And We do hereby give you the said Edward Cornwallis full power to order and appoint Fairs, Marts & Markets as also such & so many Ports, Harbours, Bays, Havens and other places for convenience & security of shipping & for the better Loading & unloading of Goods & merchandizes as by you with the advice & consent of the said Council shall be thought fit & necessary.

And We do hereby require & Command all officers & ministers Civil & Military and all other Inhabitants of our said Province, to be obedient, aiding and assisting unto you the said Edward Cornwallis in the Execution of this our Commission and of the powers & authorities herein contained, and in case of your death or abscence out of Our said province to be obedient, aiding & assisting unto such person as shall be appointed by us to be our Lieutenant Governor or Commander in Chief of our said Province ; To whom we do therefore by these presents give & grant all & Singular the powers & authority’s herein granted, to be by him executed & enjoyed during our pleasure or untill your arrival within our said province.

And if upon your Death or absence out of our said province there be no person upon the Place commissionated or appointed by us to be our Lieutenant Governor or Commander in Chief of the said Province, Our Will & Pleasure is, that the Eldest Councilor, who shall be at the Time of your death or absence residing within our said Province shall take upon him the administration of the Government and execute our said Commission & Instructions and the several powers and authorities therein contained in the same manner & to all intent and purposes as either our Governor or Commander in Chief should or ought to do in case of your absence until your return or in all cases untill our further pleasure be known herein.

And we do hereby declare ordain & appoint that you the said Edward Cornwallis shall & may hold, execute & enjoy the office & place of our Captain General & Governor in Chief in & over our said Province of Nova Scotia, with all its rights, members & appurtenances whatsoever together with all & singular the Powers & authorities hereby granted unto you for & during our will & pleasure. In Witness whereof we have caused these our Letters to be made patent. Witness ourself at Westminster the Sixth day of May in the Twenty-second year of Our Reign. By Writ of Privy Seal.

(Signed) [L. S.] YORKE & YORKE.


At a Council holden at the Governour’s House at Halifax on Thursday July 11th, 1751.

Present — His Excellency the Governour. Col Horsman, Col. Gorham, B. Green, J. Salusbury, W. Steele.

His Excelly. informed the Council of the arrival yesterday of a number of palatine Settlers, and desired their opinion of the best method of disposing of them, The Council were of opinion That it would be most convenient to land them for the present at Dartmouth, and employ them in picketing in the back of the said Town.

ED. CORNWALLIS.


At a Council holden at the Govrs. House at Halifax Friday June 12th, 1752.*

Present — His Excellency the Govr. Benj. Green, Wm. Steele, John Collier, Geo. Potheringham

*At a previous meeting of the Council held on the 3d of February, a public ferry was established between Halifax and Dartmouth, and John Connor of the latter place appointed ferryman, with the exclusive privilege for 3 years to keep boats constantly passing and repassing, between Sunrise and Sunset, every day in the week, except on Sunday, when the boats should pass only twice — the ferriage to be 3d., and 6d. after hours, for each Passenger, and a reasonable price to he paid for goods, other than baggage, &c., carried in the band, which passed free.


At a Council held at the Governor’s House at Halifax on Thursday 22d March 1753.

Present — His Excellency the Governor. The Ilonble. Chas. Lawrence, Benj. Green, J no. Salusbury, Willrn. Steele, J no. Collier, Willrn. Cotterell,

His Excellency having acquainted the Council that he was Instructed by His Majesty that a Militia should be raised and Established for the Service of this Province.

The Council did advise and Consent that the following Proclamation should be immediately Issued. Proclamation for the forming of a Militia By His Excellency Peregrine Thomas Hopson Esqr. Captain General and Governor in Chief and Vice Admiral of His Majesty’s Province of Nova Scotia or Accadie and Colonel of One of His Majesty’s Regiments of Foot.

Whereas, I am directed by His Majesty’s Royal Instructions to cause a Militia to be Established, as well for the Defence of the Lives and Properties of His Majesty’s Subjects as the Honour and Security of this his Province. I have thought fit by and with the Advice and Consent of his Majesty’s Council, to issue this Proclamation hereby strictly requiring and enjoining All Planters, Inhabitants and their Servants between the Ages of Sixteen and Sixty residing in and belonging to this Town, Suburbs or the Peninsula of Halifax, the Town and Suburbs of Dartmouth and the Parts adjacent Excepting the Foreign Settlers, as it is intended that they shall be Formed at their Out Settlement.

That the said Planters and Inhabitants do forthwith provide themselves and Servants with proper and sufficient Fire Arms Consisting of a Musket, Gun or Fuzil not less than three foot long in the Barrell, two spare Flints, and Twelve Charges of Powder and Ball, suitable to their respective Fire Arms, which said Arms and Ammunition the said Planters, Inhabitants and their Servants are to have and appear with at such Rendezvous as shall be by Proclamation Appointed at any time on or after, the 22d day of May next in the year of Our Lord 1753 At which time the said Planters and Inhabitants to be accountable for themselves and Servants. And in Default of such.

Appearance and Provision aforesaid, they will be liable to the Penalty of Forty Shillings to be levied on the Goods and Chattels of such Offender or Offenders by Warrant of Distress and Sale under the Hand and Seal of any one or more of His Majesty’s Justices of the Peace for the Town and County of” Halifax, and for want of sufficient Distress such Offender or Offenders to suffer One Months Imprisonment and hard Labour. Such Warrant to be Granted upon Information of such Officer or Officers as shall be appointed to muster the Persons required to appear as aforesaid. Done in the Council Chamber at Halifax this 22d day of March, in the year of Our Lord 1753, and in the 26th year of His Majesty’s Reign.

(Signed) P. T. HOPSON. By His Excellency’s Command by and with the Advice and Consent of His Majesty’s Council.

(Signed) Wm. Cotterell, Secy. God Save the King.

Resolved that an Act be forthwith prepared for the Regulation of the said Militia.

P. T. HOPSON. Jno. Duport, Sec. Cone.


Governor Hopson to Lords of Trade. Halifax 23d July 1753

Your Ldships may perhaps be somewhat surprised that I should have anything to apprehend from so inconsiderable and contemptible a body when I have the command of so many troops; but exclusive of the difficulty that attends marching after Indians in a country like this, I assure your Ldships that the troops are so divided in keeping the different posts of Chignecto, Annapolis Royal, Mines, Pisiquid, Lunenburg, Dartmouth, George’s Island, Fort Sackville and Halifax that I have not at present a detachment to spare from hence even upon the most urgent occasion. In fact what we call an Indian War here is no other than a pretense for the French to commit Hostilities upon his Majesty’s subjects.


The Lords Commrs for Trade & Plantations. Remarks relative to the Return of the Forces in Nova Scotia, 30th March, 1755.

To give a more distinct Idea of the situation of his Majestys Troops in this Province it is necessary to mention the several posts they at present occupy and the necessity there is that these posts be maintained.

  • 1, Halifax in Chebucto Harbour now the chief town in the Province being so well known needs no particular description.
  • 2, George’s Island is situated within the Harbour of Chebncto and has several Cannon mounted for protecting the Harbour but the Batterys are not quite finished.
  • 3, New Battery has lately been begun likewise not finish- ed. It stands on a rising ground about two miles east across the Harbour from Halifax this is to prevent shipping entering the Harbour under the Eastern shore without reach of George’s Island.
  • 4, Dartmouth, a large place picketed in for protection of the Settlers from England that arrived in 1750 and of the Government Mills lyes to the North East about a mile and a half from Halifax on the other side of the Harbour. With these three places there is only communication by water.
  • 5, Lawrence Town is a large palisaded square and Blockhouse situated upon a point of land near the Harbour of Musquedaboit about 4 leagues by water Eastward from Halifax with which there is a Communication by land from Dartmouth, & distance about 12 or 14 miles. This is a Settlement under- taken by a Company of Gentlemen and protected by the Troops from the incursions of the Indians who live a good part of the year in that neighborhood.
  • 6, Lunenburg is the place where the Palatine Settlers have been set down it is situated upon a neck of land which forms a peninsula having the Harbour of Mirleguish on the South West and a branch of Mahone Bay on the North East, Distant from Halifax by Water about 16 leagues — we have as yet no communication open with it by land. There is great necessity for the troops at that place both to protect the Settlers and to awe those of them that are of a turbulent disposition.
  • 7, Fort Sackville is a post at the head of Chebucto Bay or Bason, about 12 miles by water and 15 miles by land from Halifax. It is by this Port that the Route lyes to the interior parts of the Province, and from which Halifax may be alarmed m case of any sudden attempt of the French or Indians upon us by land.

At a Council holden at the Governors House in Halifax on Friday the 3d Dec 1756.

Present — His Excellency the Governor, The Lieutenant Governor, Benj. Green, Councs. Jno. Collier, Robt. Grant, T Chas. Morris

Jonathan Belcher Esqr. took the Oaths as a Member of His Majesty’s Council of this Province, and his Seat at the Board. His Excellency then communicated to the Council some Proposals which Mr. Chief Justice Belcher had laid before him the last Year for Calling a House of Representatives, and which he had at that time transmitted to their Lordships.

That until the said Townships can be more particularly described the limits thereof shall be deemed to be as follows, vizt.

That the Township of Dartmouth comprehend all the Lands lying on the East side of the Harbour of Halifax and Bedford Bason, and extending and bounded Easterly by the Grant to the Proprietors of Lawrence Town & extending from the Northeasterly Head of Bedford Bason into the Country, until one hundred Thousand Acres be comprehended

Akins, Thomas B. “Selections from the public documents of the province of Nova Scotia” Halifax, N.S.: C. Annand, 1869″ https://archive.org/details/selectionsfromp00akingoog/mode/2up

“So great a change in the constitution of the country would never be permitted without an appeal to the people”

House of Assembly – Monday, April 10.

In the evening, when the house resumed, Dr. Tupper’s resolution on “a Union of the Maritime Provinces” was taken up. The hon. gentleman went into an explanation of former attempts at Union, and its necessities, -the action last year in reference to a union of the maritime provinces, and the subsequent delegation to Quebec, after, as he said, the union first contemplated was found impactable. He then branched out on the beauties and particulars of the Quebec scheme, and for about two hours and a half travelled over pretty much the same ground as those in favor of the measure have taken, in the press and on the platform, over and over again. One thing the Dr. was honest enough to state, viz: that if the bargain was not a better one than it is for the lower provinces, “it was the fault of their own delegates.” He said “he did not come to the discussion of the present question supposing it would have any particular effect.” In this we agree with him, -it was moved to give him and others an opportunity, in a safe way, to get the Quebec scheme opened up to discussion. He expressed his belief “that that scheme had taken such a root in the country that it would soon be secured in all its entirety; and that, holding such view, was his excuse for trespassing so long on the House.” We cannot but think that in this the Dr. is most egregiously mistaken. He stated that out of the large amount of patriots presented against the scheme, the signatures to which had been obtained by all manner of means, there were not 3000 who had expressed against union, but rather for delays, &c.

The Dr. endeavored to impress on his hearers the great danger there was of being overrun by the Americans, -and the security we would have though Confederation.

The grounds of his arguments for apprehending hostilities by the Americans, were: the Repeal of the Reciprocity Treaty, -the termination of the Lake Treaty, -the Passport System, and the temper of the press of the States; all these went to show that the disposition of our neighbors was to close up all avenues of communication. -The speaker did not, in the slightest degree, refer to any of the causes which have produced unkind feelings, although he was perfectly well aware of them.

We believe, if as much time and attention had been given to the cultivation of friendly feelings and the extension of our commercial relations with the United States, as has been devoted to their annoyance, by acts and language, our position today would be much more agreeable.

At the close of his speech there was a slight expression of applause in one of the galleries, -on which, Mr. Miller remarked – if such conduct as repeated he should use his privilege of clearing the galleries. The noise made scarcely warranted the threat.

Mr. LeVesconte said he merely rose to correct one part of the Prov. Sec’s speech. In his county he did not believe there could be found 25 persons in favor of Confederation.

Mr. Locke spoke somewhat similar in reference to Shelburne.

Mr. Bourinot said he could readily understand applause from the people of Halifax, as they only were to be benefitted by the Union. But he would tell the hon. Prov. Sec. that so great a change in the constitution of the country would never be permitted without an appeal to the people.

The Prov. Sec. admitted that Richmond was an exception, that County had declared against Union; yet he was correct that there was not 3000 of petitioners who had stated their views.

Mr. Killam asked the Pro. Sec. if he was so confident of the feelings of the people, why it was that he was so afraid to go to the country?

After one or two other observations the debate was adjourned.

Halifax Morning Sun, April 12, 1865. Page 3 Column 4. https://news.google.com/newspapers?nid=dw5aoL0HVgwC&dat=18650412&printsec=frontpage&hl=en

From Private Property to Public Resource: The Emergence of Administrative Control of Water in Nova Scotia

This is a fascinating essay, there must have been implications as it relates to Dartmouth even before it became the City of Lakes. It was expropriation on a broad scale, which encompassed “every water body in the province except for small rivulets or brooks unsuitable for milling, mechanical, or power purposes”. Dartmouth’s lakes, once “protected by public ownership for the enjoyment of future generations“, perhaps a vestige of this “administrative control over water (which) replaced not only private decision making and exchange, but judicial control.”

The assertion that “the absence of constitutional protection for property, as provided in the United States by the Fourteenth Amendment, significantly altered the rules of the game in Canada” explains so much about the increasingly feudal situation in Canada.

The kind of interjurisdictional powerplay happening as seen in the Nova Scotia Tramways incident was certainly floated before “confederation”, “does it necessarily follow that this union must produce peace and happiness? What if the larger Colonies should combine to rob the small one of her independence, should tyrannize over her, and trample on her rights and liberties…“. The timing of this powerplay, soon after the “Halifax explosion” and during a period of constitutional upheaval is yet another data point.

So many rights, so much freedom, as long as the meaning of “rights” and “freedom” aren’t arbitrarily redefined as benefits the further centralization of irresponsible power on a perpetual basis. You’re “free”, as long as you agree, under a regime with specifically apportioned constitutional powers from the Federal level disconnected from a written constitution at the Provincial level, what in essence becomes a proprietary constitution, known only to those authorized by the regime to officially opine on it, for their own benefit.


“In 1919 Nova Scotia took charge of the management of its inland water resources in a radical and dramatic way. The Water Act of 1919 simply expropriated basic riparian rights by vesting in the province the ‘sole and exclusive right to use, divert and appropriate any and all water.’ Water was transferred from private to public ownership without compensation of recourse to the courts.”

“Nova Scotia’s Act was atypical in its scope (within the Canadian provinces)… only Nova Scotia handled the widespread problem by expropriating riparian rights.”

“Judges… faced conflicts with only the traditional tools of the common law inherited from England… In addition to riparian rights, the common law affecting water included prescriptive rights and easements, nuisance and negligence… The judges seem to have focused on the details of the particular legal issues before them rather than on the consequences of the decisions.”

“Part of this tacit ‘policy’ was an absolute regard for private property rights. All the common law doctrines relevant to conflicts over water use – riparian rights, trespass, nuisance – provided for the strict protection of the individual property owner’s rights… In its strictest form, the doctrine of riparian rights accorded owners the right to the water flowing past their land undiminished in quantity or quality. Taken literally this right would have virtually precluded any upstream industrial activity: most commercial uses would violate strict common rights in some way… the traditional property rights may be thus seen as having a built-in antidevelopment bias. The doctrine… was modified, first in the United States and then in England, by allowing for some interference with water flow if the defendant’s use was ‘reasonable’, and by adding the requirement of ‘material’ or ‘sensible’ injury. These vague terms offered great potential for flexible interpretation. Nova Scotia courts, however, seem not to have been inclined to take advantage of the modifications.”

“…the chief reason for the passage of (the 1919 Water Act) does not seem to have been that common law action had significantly hindered productive development of water, rather, the act grew out of a long controversy over the control and development of water power, which by 1914 had become a major issue in the Nova Scotia legislature.

The Nova Scotia Power and Pulp Company was granted a charter with immense powers to develop hydro power on the Gaspereau River. The company, which was owned by Montreal capitalists, wanted to take over the very successful Halifax Electric Tramway, which could absorb power from the development and provide close to half a million dollars to pay dividends and interest on the large number of stocks and bonds the owners planned to float. The takeover produced a bitter struggle, with the Halifax city council trying to retain municipal control of the tramway. In the end, the Montreal-based group succeeded. Incorporating as the Nova Scotia Tramway and Power Company, it made an estimated gross profit of over a millions dollars in transfers of stocks and bonds. The Montrealer’s then sold controlling interests to a group of Americans in 1919 ‘for a further undisclosed profit’.”

‘The ostensible purpose of the merger was to permit the development of hydroelectricity on the Gasperau and the distribution of cheaper light and power within the city of Halifax. But nothing came of that … the funds raised for that purpose were promptly channeled out of Nova Scotia.’

“By 1918 the Water Power Commission was ready with its recommendations for law reform. The stated objectives of the resulting legislation were to encourage the most efficient development of water power, to protect the public from ‘worthless power schemes’, ‘ill designed plants and dams’, and ‘monopolistic control,’ and ‘to in all ways have in view the fullest conservation of the water resources.’ The act seems to have been a response to the Nova Scotia Tramways fiasco, and in particular it seems to have been an effort to keep control of water resources within Nova Scotia. The commission presumably came to the plausible conclusion that the only way to ensure local control was to remove water from the realm of unregulated market transactions.

The act can be seen as a preliminary step towards the drastic action of the 1919 Water Act. The right to use all watercourses was vested in the Crown, except ‘the right of every riparian proprietor to the use of water for domestic purposes’ — a major exception, since ‘domestic purposes’ included the workings of railways or factories by steam. All grants were to be retroactively construed as having reserved to the Crown all watercourses and beds of all watercourses. In case there was any doubt left in the minds of judges that these provisions would fundamentally change existing riparian rights, it was further stated that ‘the grant shall be construed accordingly and not in accordance with the rules of the English Common Law.”

“…The scope of the expropriation was especially large, however, since the powers could be transferred to private companies….”

“The water Act, in the words of the Halifax Herald, decalre[d] that the government of Nova Scotia has power to divert and appropriate any water at any time in any water course no matter by what grant.”

“This simple and sweeping act gave rise to a heated debate in the legislature, portions of which were reported in the local newspapers. The Herald headline read, ‘A Bill before the Legislature That Takes from the Owners the Water Powers of Nova Scotia and Can Take Also Other Valuable Property.’ The real point of objection was not public ownership, but that there was no provision for compensation in the Water Act and no exception for investment in existing power developments. The attorney general, who introduced the bill, argued lamely that it was not an expropriation measure but simply a ‘vesting bill’, that it only had to do with unused waters.”

“Administrative control over water replaced not only private decision making and exchange, but judicial control.”

“Even in recent history, long after the initial attempt to exclude them, the courts have continued to display their inclination to protect traditional private rights. In the early 1970s two parties successfully used the old exception of small rivulets or brooks to bring an action as riparian owners, and the legislature once again responded by removing the exception.”

“From an American perspective, the ease with which the Nova Scotia legislature accomplished the abolition of a whole class of property rights is astonishing.

–Carmen Baggeley offers an interesting commentary on the differences between the United States and Canada with regard to the protection of property: ‘In the absence of constitutional protection of rights and judicial review, the power of the legislature in Canada is almost unlimited. As a result, the concept of a business being “affected with the public interest”, which formed the legal basis for government regulation in the United States, was unnecessary in Canada. As Christopher Armstrong and H.V. Nelles point out, the absence of constitutional protection for property, as provided in the United States by the Fourteenth Amendment, significantly altered the rules of the game in Canada. Early in this century, when the “due process law” clause was being interpreted broadly, American businessmen were able to turn to the courts for protection. Canadian businessmen did not have this option, instead they tried to play one level of government against the other. Sometimes they succeeded, but more often than not they failed. In desperation, some Canadian businessmen began to discuss ways in which they might get the constitution amended. in 1911, B.E. Walker, President of the Bank of Commerce, even suggested pressure from abroad, “… a complaint from those who represent capital in the United States would seem to be a most natural way in which to bring about consideration of the subject by the Government at Ottawa… “

“…of course the Charter of Rights and Freedoms now provides for constitutional protection of rights and judicial review, but property is not included among those rights.”

Nedelsky, Jennifer. “From Private Property to Public Resource: The Emergence of Administrative Control of Water in Nova Scotia.” Essays in the History of Canadian Law: Nova Scotia, edited by Philip Girard and Jim Phillips, vol. 3, University of Toronto Press, 2012, pp. 326–52. JSTOR, http://www.jstor.org/stable/10.3138/j.ctt13x1qbb.17. Accessed 23 Aug. 2022.

“The Dominion of Canada; a study of annexation”

“The Canadian colonies have always been deprived of representation in the Imperial government, and, until the recent Dominion Constitution, prescribed by act of the British Parliament in 1867, they had few privileges of self-government. The colonial government given to Canada after the fall of the French power was not even as liberal as that under which the New England colonies had struggled. The home government understood the peculiar nature of its subjects and established a strong and almost tyrannical colonial administration, while the Canadians were content to be ruled by a Governor and Council, since they knew no government better than that of Louis XV., and did not desire self government and legislation according to the constitutional system of a governor and two branches or houses. The several Colonial Secretaries who were appointed do not seem to have worked for the best interests of the colonies, since their terms of office were dependent upon the success of their party. Each secretary understood the peculiar policy pursued by his party toward Canadian affairs and made it his custom not to acquire a suitable knowledge of the needs of his people, but to study how he might retain his place and salary. Thus, while the leading features of the Canadian policy were changing often with party movements, the details of carrying out that policy were in the hands of irresponsible agents who sat in their high seats in England.

The government established by the Constitutional Act of 1791 did not avert the abuses and misgovernment which resulted from differences in party politics. The province was divided into Upper and Lower Canada with a separate legislature in each, composed of a Council and Assembly. The executive power was vested in a Lieutenant-Governor of Upper Canada and a Governor of Lower Canada, who had also a certain control over the Upper province. There was an Executive Council, composed of officers of the Crown, presiding over both provinces. These provinces were then, as now, essentially different in ethnical character and political knowledge. The colonies were satisfied for years afterward with the rule of England; but when the increased population became fused with English and American settlers, it began to feel its strength, and appreciating the rights conferred by the Constitution of 1791 to desire their substantial exercise and further extension. Dissatisfaction naturally commenced in Lower Canada, the most powerful and progressive of the six colonies, and spread to the others. The question of becoming independent often agitated the minds of the Canadians, and after the triumphs of the revolutionary principle in Europe during the ten years preceding 1840, the excitement of the people was strongly in favor of a government similar to that “composing the industrious, moral and prosperous confederations of the United States.” The Assembly of Lower Canada, in 1834, passed a set of resolutions, asking for a Legislative Council chosen by the people, instead of by the Crown, and the power of revising the constitution. They declared that by this measure the British Parliament “would preserve a friendly intercourse between Great Britain and this province, as her colony, as long as the tie between us shall continue, and as her ally whenever the course of events may change our relative position.”

The sentiment of the people as represented in the lower house became so strong for reform of existing government or entire independence, that they “Resolved, that the neighbouring states have a form of government very fit to prevent abuses of power, and very effective in repressing them ; that the reverse of this order of things has always prevailed in Canada under the present form of government; that there exists in the neighbouring states a stronger and more general attachment to the national institutions than in any other country, and that there exists also in those states a guarantee for the progressive advance of their political institutions toward perfection, in the revision of the same at short and determinate intervals, by conventions of the people, in order that they may without shock or violence be adapted to the actual state of things.” Not content with these bold, and, as the British thought, treasonable expressions, they added that ” the institutions of Great Britain are altogether different from our own,” and ” that the unanimous consent with which all American States have adopted and extended the elective system, shows that it is adapted to the wishes, manners, and social state of the inhabitants of this continent. These numerous petitions, complaints and demands for redress of grievances were caused by the desire of the French Canadians to keep alive their nationality, the influence of American agitators, and the conflict of the two races arising out of those land grants which we have already investigated, as well as those made to the British-American Land Company, which increased the influence of the mother country. It is not necessary to trace the history of this agitation onward through its various stages. The people demanded:

  1. An Elective Council.
  2. The repeal of the Tenures Act, and the act creating the British-American Land Company.
  3. Complete Parliamentary control over the whole of the lands belonging to the colony.
  4. Complete control over revenue and expenditures.

The clamor for an elective legislative body was made by the French element, which was opposed to the English, and desired authority over the immediate representatives of the Crown. The Assembly withheld the supplies, and there followed acts of disorder, causing the rebellion of 1837-8 for national independence which was soon put down by those who were loyal to England and desired her supremacy. The leader of the revolt was Louis Joseph Papineau an ambitious French Canadian of mild manners, but possessing a discontented mind filled with theories for the advancement of the people of his nationality. He thought that by causing the Canadians to revolt he might gain the independence of Canada, with himself as Dictator, after the manner of the revolutionary leaders of France. The constitution of Lower Canada was suspended, and Lord Durham, who was appointed to administer the provisionary government, made a report on the conditions and needs of the province in which he recommended the restrictions of the French language and the union of the British North American possesions because “it would enable the province to cooperate for all common purposes, and above all, it would form a great and powerful people, possessing the means of securing good and responsible government for itself, and which, under the protection of the British Empire, might in some measure, counterbalance the preponderous and increasing influence of the United States on the American continent.”

The result was a bill brought forward by Lord John Russel, during the session of 1839, providing for a new constitution. The debates that followed were interesting and important, and local and responsible government received full consideration. Lord John Russel did not want separation, but said that the interference of the Imperial Parliament in affairs of colonial government ought to be confined to extreme cases. Therefore, by the constitution of 1840, the two provinces of Upper and Lower Canada, which had been separate since 1791, were united, and a government established whereby England removed the management of local affairs from the combinations and agitations in home politics, and permitted Canada to approach nearer the ideal self-government system of Teutonic states. Representation was divided equally between the two provinces, although Lower Canada was more populous. Lord Syndenham, who came out as Governor, succeeded, during his short term of office, in counteracting the French-Canadian influence by procuring an Anglo-Canadian majority in both Houses of the Parliament of the united province. This caused a feeling of security for a time in the country, since legislation was toward securing titles to real property and the abolition of the feudal system. One of the most successful arguments to excite rebellion had been that the inhabitants would free themselves from seignioral dues. The political movements of the times succeeding, were the endeavors of the “Liberals” and “Conservatives” to get the upper hand, and of the Governors to please both elements of the population. The Liberals had in their party the French-Canadian faction, headed by Mr. Papineau, who had been conspicuous in the late rebellion. They frequently agitated the subject of annexation or independence, and were encouraged by American speculators and those who had strong democratic ideas. It was through their maneuvering that the Rebellion Losses Indemnity Bill was passed through both Houses and received, from Lord Elgin, his sanction and recommendation to the home government. Annexation associations were formed in a few places, but the movement was confined to no particular party. It was noticeable that persons of the most opposite political views on domestic questions forgot their differences and united in their advocacy of this great scheme. The annexation manifestoes were approved by many who thought that England’s policy at that time was in favor of getting rid of her colonies. The position taken by many of the leading London papers, for example, the Times, was such as to convey this impression. It is likely that some decisive action would have been taken but for the internal disturbances in the United States which preceded the Civil War. Opposed to the Annexationists was a strong party consisting of the Roman Catholic clergy, with their French-Canadian followers, and the Conservatives. The latter, after the passage of the Rebellion Losses Indemnity Bill, had banded themselves into a ” British American League,” which was loyal to England and instrumental in restoring peace and order. The Conservative party began to lose power, and there was a movement in all parties toward reform. That part of Canada known as the maritime provinces does not need as much attention in a constitutional history, inasmuch as it has not been subject to the French influence. It was originally Acadie, but in the year 1749 England colonized it and gave it the name Nova Scotia (–not exactly…), including the provinces of New Brunswick and Prince Edward Island. The latter was constituted a distinct province in 1770, and the former in 1784.

These provinces were colonized by English, Scotch and U. E. Loyalists, and, therefore, remained in sympathy with British institutions. Their government was more responsible than that of French Canada and freer from great internal dissensions. It was quite natural, therefore, that Nova Scotia should take the first step toward forming a confederation of the provinces on the plan of responsible government so often proposed in political crises. This province, with that of New Brunswick, urged the union, and there resulted a conference of delegates from all the provinces at Quebec, October 10th, 1865, in which was formed the foundation of the present constitution and government. The Fenian movement against Canada in June, 1866, did not arise from a desire for annexation, but was planned by the leader, O’Neil, and his American followers, through sympathy for Irish independence. Their intention was to injure England and help Ireland gain its freedom. The government of Canada soon restored peace ; the United States then, as in the subsequent raid of 1869 by the same leader, giving assistance. The British North American Act federally united the provinces of Canada, Nova Scotia and New Brunswick, and made provisions for the admission of other parts of British North America. The province of Canada was divided into the provinces of Ontario and Quebec, having their territories co-extensive with the old provinces of Upper and Lower Canada. Provincial constitutions were given to these provinces according to the constitutions existing before the Union Act of 1840. Nova Scotia and New Brunswick retained the same boundaries and provincial constitutions. Before entering on the discussion of the constitution it would be well to speak of the provinces lately admitted into the Dominion of Canada.

Manitoba was part of the territory granted to the Hudson Bay Company by Charles II. In 1811 the Earl of Selkirk, who owned stock in the company, purchased a large tract of country covering what is now Manitoba, and established a colony of Scotch, which was unsuccessful. The company bought it back in 1835 and established a government with a Governor and Council. Legislation over Rupert’s Land and the Northwest Territories was vested in the Dominion in 1868, when a provisional government was established, but owing to the consequent conflicting rights of the company and the government, a rebellion arose among the French [Metis] led by Louis Riel, which resulted in the immediate establishment and entrance into the Dominion, in 1870, of the province of Manitoba. Its government is vested in a Lieutenant-Governor and Executive Council, and a Legislative Assembly. The Saskatchewan rebellion, in 1882, also led by Louis Riel, caused the formation of the provisional districts of Assinboia, Saskatchewan, Alberta and Athabasca, of the Northwest Territories, with a Lieutenant Governor and Council. British Columbia was also a part of the Hudson Bay Company’s territory, but at the time of the “gold fever” of 1858, it received distinct territorial government. Vancouvers Island was united with it in 1860. In 1871 it entered the Dominion with a constitution consisting of a Lieutenant-Governor, an Executive Council and a Legislative Assembly. Prince Edward Island entered in 1873, and has a legislature consisting of a Lieutenant-Governor, a Legislative Council and an Assembly. The Canadian constitution is based upon the English, although in many respects it borrowed from the American.

The Imperial Parliament does not allow local jurisdiction over those matters which regard imperial interests and honor, but maintains a large amount of control over the Dominion government, especially by reserving to England the rights of appointing the Governor-general, of making treaties and of disallowing acts not affecting trade and commerce. The Dominion can alter its constitution only through the Imperial Parliament and not, as in the United States, through the ratification by three-fourths of the states, of amendments proposed by a convention called by Congress or proposed by two-thirds of both Houses of that body. The local self-government system is in many respects directly the reverse of that in the United States. The provinces possess only the power of legislating on those matters allowed by the Dominion constitution. The government at Washington, on the other hand, is limited in its functions under the constitution by the rights of the several states. Here we find the distinction between “states” and “provinces.”

Imperial control in all matters can be traced to the fountainhead in the will of the sovereign prerogative. For the purpose of examining the constitution and comparing it with that of the United States let us glance briefly at the legislative powers, subject to the Imperial Parliament as embodied in the Governor General, Senate and House of Commons in the central government, and the legislatures in the provinces. The Governor-General, who represents the dignity of sovereignty is appointed by the Crown, and can be removed at pleasure. He appoints the member of the Senate from the provinces, and the Lieutenant- Generals. The members of the Senate hold office for life, and are of the aristocratic class. They therefore vote down all measures that may tend to diminish the power of the Crown or undermine their secure and lofty positions. The lack of real interest for local affairs in the provinces from which they are appointed gives them little support in the popular feeling, since their motives are not always for the best interest of the people. Canadian Senators do not fear the loss of votes at a re-election, and therefore do not have that incentive which spurs on the American Senator to advance the power of his state according to the idea of his constituents. The members of the House of Commons are chosen by the people and represent the true democratic ideas of government. Since 1885 the franchise in Canada has been uniform and based on ownership, occupation or income. The right to vote is given to all who possess the following qualifications:

  1. The ownership or occupation for at least one year of premises of the value of $300, in cities; $200 in towns, and $150 in other places.
  2. An income of $300 a year or an annuity of $100, provided there has existed a residence of one year.
  3. The father’s ownership or occupation, as required gives the franchise to the sons.
  4. Possession of fishing outfits to the value of $300.

This law regarding electors seems to be an improvement on the too liberal granting of the franchise practiced in many of our states. The government of Canada is in three branches, decidedly unlike the three powers in the United States, where there is a balance of power, each branch being able to veto the acts of the other two, and each receiving its authority from the people. Each state, in exercising those attributes not relegated to the central government under the federal constitution, is a commonwealth enjoying domestic sovereignty. By an admirable method adopted by the framers of the constitution the representation at Washington of states unequal in areas and populations is provided. The Senate is composed of two members from each state, who compose the Federal or Upper House, while in the Lower or National House the members are in proportion to the population of each state. In Canada, the Upper House and the Governor-General, though the latter is usually careful with his veto, work for the interests of the Crown, and the voice of the people can only be heard in the Lower House and the Privy Council of the Governor-General, according to the plan of responsible government.

There is no equality among the provinces; each is only a part of the whole Dominion. They are represented in the Senate as follows:

  1. Ontario, 24 members
  2. Quebec, 24
  3. Nova Scotia, 10
  4. New Brunswick, 10
  5. Manitoba, 3
  6. British Columbia, 3
  7. Prince Edward Island, 4
  8. Northwest Territories, 2.

The House of Commons consists of 215 members, representing the provinces as follows:

  1. Ontario, 92 members, representing a population of 20,904 to each.
  2. Quebec, 65 members, representing a population of 20,908 to each.
  3. Nova Scotia, 21 members representing a population of 20,979 to each.
  4. New Brunswick, 16 members, representing a population of 20,077 to each.
  5. Manitoba, 5 members, representing a population of 21,728 to each.
  6. British Columbia, 6 members, representing a population of 8,243 to each.
  7. Prince Edward Island, 6 members, representing a population of 18,148 to each.
  8. The Territories, 4 members, representing a population of 12,090 to each.

The number of 65 members for the province of Quebec was fixed, as it was thought that the population was of a permanent character, upon which the representation from the other provinces could be based. For each of the other provinces the members are in such proportion to the population, as ascertained every ten years, as the number 65 bears to the number of the population of Quebec. Thus it may be noticed that in the two provinces especially subject to the French and Catholic influence, the representation in the Dominion Parliament is greater than in the other provinces and sufficient to have a preponderating weight in all matters that come before it. The Queen has concurrent power over all matters within the legislative jurisdiction of the Dominion government, since she is not divested of her prerogative powers, and the Dominion government, in turn, over matters in the Provincial government. But within certain limits each legislature is supreme. The people of Canada are thus subject to the mother country through three legislative bodies.  The lowest body is that of the province, headed by a Lieutenant Governor, whose acts can be vetoed by the higher bodies. England, therefore, has great power over Canada, for although she allows the government to regulate all matters between the provinces, as well as those pertaining to its own internal affairs, she will treat with the provinces only through the Dominion Parliament, which in turn must direct its communications to the Crown through the Colonial Office. If the present status of Canada should change, it is generally agreed upon that it will take one of these three destinies

  1. Imperial Federation.
  2. Independence and a new American Republic.
  3. Annexation to the United States.

Imperial Federation

The tendency of colonies has been to overcome their sense of inferiority by resenting the legal exercise of imperial powers. After attaining a mature growth, like the child become a man, they desire to leave the protection of the mother country and assume sovereign powers. To counteract this tendency, and secure a closer political union between England and her colonies, statesmen have long advocated a plan of Imperial Federation. By this system they propose to establish on a firm basis the relation which a dependency bears to the centre of power in the empire, and so define and regulate reciprocal obligations that distant and powerful colonies can be maintained as parts of one great empire. Thus, as the force of gravitation can hold the far off planets in subjection to the sun as the centre of one system, this Imperial Federation would unite states independent in their internal affairs into one great nation. A new body would be formed for imperial matters, and the colonies would enjoy independent legislative powers in all matters of self-government. The colonies would be on the same footing and free to act within the scope of their prescribed powers, but all subject to the decision of a common supreme tribunal. They would be immediately interested in all international affairs and have a power of voting on all such questions. War, therefore, could not be declared by England without the consent of her colonies, thus avoiding the often repeated complaint of colonies that they are compelled to assist in wars in which they have no interest. England could not impose taxes without their consent. Imperial rights would be exercised to maintain the unity of the empire, and promote the common interests of all its widespread possessions. There would be an universal military organization, and an universal commercial union establishing free trade between distant parts of the empire.

This theory of Imperial Federation is not one peculiar to modern colonial reformers, but is the outcome of ideas long cherished by those who believe in self-government. If we trace back through the events of colonial history of the United States, and examine carefully the charters granting lands in America, we shall see that the colonies enjoyed local autonomy subject to the sovereignty of the Crown. In the event of Imperial Federation the present colonies would tend to become sovereignties, and representatives in the federal congress would be partly ambassadorial. The representation from distant states with democratic ideas would tend to abolish the English hereditary nobility. Thus it is a question whether England would lose or gain power by this scheme. The advocates of this system belong to both parties in England, and for the purpose of discussing its practicability, are bound together in a society called the Federation League. Sir John Macdonald, the Premier of Canada, is a member, and has for his associates a wealthy class who think that by this method the annexation or independence of Canada would be retarded. The Marquis of Lome, in a work entitled “Imperial Federation,” says “Does not disintegration loom in the future, and is not the independence of Australia, and the annexation of Canada, a result sure to follow the local freedom practiced throughout the Anglo-Saxon Empire ?”

Independence

The recent growth of nations has been toward democracy. In former times the people never conceived the idea of a social condition different from that in which they were born, but as intelligence spread and knowledge became general, the principles of action in economics, education and religion advanced toward democracy. The people have gradually learned -that they are sovereign and constitute the state. Political independence, therefore, has raised itself from the relics of religious superstition and feudalism. Since the separation of the American colonies from the mother country in which Canada refused to join, struggling nations have turned to the example of the North American Republic for political reform. England may expect the separation of all her colonies. Her course in regard to them has been a beneficial one, but not made for ever.

The people of the colonies can move an overwhelming preponderance of power against existing institutions. They are thousands of miles from the mother country and almost independent in their self-government. Thus the only tie that binds is the military and diplomatic protection of England. Does Canada need this protection? The confederation has proved of great benefit to the country in creating an almost national existence, and was brought about by Canadian statesmen. It was a step toward Imperial Federation, since in all matters concerning their interests England consults Canada, and has appointed on such commissions, as that of the fisheries men who were especially interested in the promotion of Canadian affairs. Then, the idea of federation has been, in a small degree, carried out by Canada having a resident in London, known as High Commissioner, who acts in accordance with his instructions from the Dominion government. The first commissioner was Sir Alexander Gait, who was followed by Sir Charles Tupper. England has often assured Canada that she will protect its interests in the negotiations of all treaties, and has evinced a desire to retain only the treaty-making power. This, then, is intended as a link of connection whereby England, through honor and affection may continue her protection, at the same time allowing the Dominion Parliament almost sovereign powers. Canada has passed through the stages of development usual in all nations from the despotism under the old regime to the constitutional period, when the struggle between the monarch and the people took place, which led to the present self-government. It is but a short step forward to complete independence. Whether this will occur in the near future is a question which must be determined by the majority of the Canadian people, but political sentiment is divided between the Conservatives, Liberals and French Nationalists. The Conservatives are the old Canadians who still cling to the British flag, because under its protection they feel secure. They are the wealthier class of the population and compose the society immediately outside of the royal and aristocratic retinue attached to the Governor-General. He is the representative of royalty and in his person brings forcibly to the minds of the Conservatives their allegiance to the English Crown, which he represents. The Conservatives, headed by the old and beloved Premier, Sir John Macdonald, hold the most important offices, and therefore do not want the present condition of affairs disturbed. The Orangemen must also be classed in this party, although many of them since the allowance of the Jesuits’ Estates Bill have gone over to the Liberals. The Liberals comprise the “Young Canada” element of the population, and instead of being British colonists, would prefer to say: “We are Canadians” or possibly, “We are Americans.” There is no aristocracy in Canada that is regarded by the people as constituting their natural superiors and rulers, and the Liberals are asking the question

“Why not elect our own Governor and Senators?” Expressions are now frequently used which would have been regarded as high treason before the Union Act. The desire for independence or a national change has been admitted, even by those newspapers which work in the interest of the government. The London Free Press, the Windsor Review, the St. Catharine Star, the Toronto Mail and numerous other papers see indications of independence. Since the organization of a national party, whose motto was “Canada First,” the spirit of national independence has rapidly increased. The young Liberal Clubs in all parts of the Dominion are increasing their memberships even from the ranks of the Conservatives. The issue of independence has been frequently brought forward, and elections have taken place of candidates who were in favor of independence. There has been exhibited in Windsor, Ontario, a proposed Canadian flag of dark blue with a red square in the corner, in which is displayed a white beaver representing the Northwest territories, while in the blue field are seven stars representing the provinces.

The French Nationalists constitute a third and independent party, and side with that party in all political questions who will enable them to retain their ethnic and confessional autonomy. Those misunderstandings and differences which the inhabitants of Quebec have had so long with the Anglo-Canadians have not been dispelled by confederation. The growth of empire in the Northwest, and the ethnic influence which always existed in their favor among [Metis] has raised new hopes. They have long maintained a French Catholic province on an English Protestant continent, and hope ere long to see it promoted into a nation. The leading papers in Quebec have frequently expressed this desire of the French Canadians, and in a recent article La Verite says: “Let us say it boldly—the ideal of the ‘French Canadian people is not the ideal of the other races which today inhabit the land our fathers subdued for Christian civilization. Our ideal is the formation here, in this corner of the earth watered by the blood of our heroes, of a nation which shall perform on this continent, the part France has played so long in Europe. Our aspiration is to found a nation which, socially, shall profess the Catholic faith and speak the French language. That is not and cannot be the aspiration of the other races. To say, then, that all the groups which constitute confederation are animated by one and the same aspiration is to utter a sounding phrase without political or historical meaning. For us the present form of government is not and cannot be the last word of our national existence. It is merely a road toward the goal we have in view. Let us never lose sight of our national destiny; rather let us constantly prepare ourselves to fulfill it worthily at the hour decreed by Providence, which circumstances shall reveal to us.”

On the other hand, the Anglo-Canadians see that if they would establish a great nation they must abolish French institutions, the levying of tithes, and the maintenance of parochial schools by public money. These ethnic and religious differences retard the growth of independence and act as a drawback to annexation, for annexation is not likely to take place until after independence. Since Brazil has changed its government, and its de-facto existence has been acknowledged, British America is the only country on the hemisphere not a republic. England’s right to govern Canada is based wholly on the presumption that it is not able to govern itself. Is it not proper, then, that she should cease to play the part of a parent, by withdrawing that protection for which Ireland as well as Great Britain must pay? Her indirect liabilities through keeping the Canadian connection are enormous, since their commercial policies are at right angles, and England is prevented from entering into whatever relations she pleases with the United States. When Canada is free and exists under a policy of peace and free commerce it will be a matter of history as to her ultimate destiny. But we can only conjecture that, after the French influence has been over- come by an increased population, the greater nation will absorb the smaller on the North American continent.

Annexation

Although Canada is practically sovereign—a “semi-sovereignty”—it has not the power to discharge external functions, and is not a state in an international position. Therefore, in exercising power given by the constitution, whereby “new states may be admitted by the Congress into the Union,” it is necessary for us to consider our international relations with England. The methods by which annexation may be brought about are

  1. Conquest by the United States.
  2. Independence of Canada and cession of its territory by its people.
  3. Cession of Canada by its people with the consent of Parliament and the Crown.
  4. Treaty arrangement between Great Britain and the United States, and the consent of the Canadian people.

Behind the constitution there is a right to acquire territory by conquest, which is “an incident of sovereignty.” This is a power that has always existed, but in the present, development of international law and human rights, it is only exercised in the subjection of uncivilized people and semi-states. The interference of the United States in Canadian affairs would probably bring about a war with England, but other nations would not be likely to interfere in a movement in which they are not concerned, whereby the United States would prepare the way for that certain future advance in population and national prosperity. If it had been our policy to conquor, Canada would have belonged to the United States long ago, since statesmen have often referred to the advisability of annexation.

Mr. Clay, in a speech on the occupation of West Florida, said: “I am not, sir, in favor of cherishing the passion of conquest, but I must be permitted to conclude by declaring my hope to see, ere long, the New United States (if you will allow me the expression), embracing not only the old thirteen states but the entire country east of the Mississippi, including East Florida, and some of the territories to the north of us also.” It is the peculiar duty of a Republic to recognize the rights of other peoples, and so endeavor to maintain them. The second method is very simple, for as an independent state, Canada could rightfully cede her whole territory and unite her government with us without the interference of any foreign power. In treating the third method by which annexation might be accomplished, we must consider that Canada has not the power of making treaties with foreign states, which is an incident to sovereignty. But it might appoint a committee to treat with the United States, with the positive or tacit consent of the mother country, the conclusions of which might be accepted by the sovereign through a treaty.

This method would depend upon the willingness of England to permit Canada to go forth from her protection, and differs from the fourth method in the source from which the proposals for annexation seem to eminate. It is founded on the theory that the people constitute the state and that from them must proceed any desire for a change. The negotiation of treaties between sovereigns, is a usual method of annexation, as was demonstrated in the annexation of Schleswig-Holstein to Prussia, of the Neopolitan Provinces to Italy, and of Savoy and Nice to France.   ̶I̶n̶ ̶a̶l̶l̶ ̶t̶h̶e̶s̶e̶ ̶c̶a̶s̶e̶s̶  The plebiscite of the people  ̶w̶a̶s̶  should be obtained before the cession ̶s̶  is  ̶w̶e̶r̶e̶  completed.

If England had the power to barter or give Canada without the will of the people, she might cede the territory to China or Russia; and thus a great social disturbance would occur through difference in unities. Whereas the United States is the only country to which Canada could properly be annexed. Now, as to the organization of the new government and relations. It would not be necessary to obtain the consent of each state in the Union for the admission of Canada, as long as there were a majority in Congress in favor of the union. This was demonstrated in the annexation of Texas. On the other hand, the Dominion could not cede the territory without the consent of the people of each province, for this would be a violation of the principle which we have just seen. For the same reason, England has been unable to join Newfoundland to the Dominion. Therefore, any province might declare its independence and unite its government with us; but it would be a violation of de jure rights under the Dominion, as the provinces have not sovereignty or the power to secede.

This has been clearly demonstrated by the uneasiness of Nova Scotia since confederation. This province was the first to propose the new government, but it soon desired to withdraw from a union with its undesirable neighbors—a procedure which it found impossible. Lately this desire for a change has clearly shown itself, nor would it be surprising if a proposition for annexation should come from this English province. The inhabitants of the ceded territory would be admitted according to the principle of our federal constitution, into all the rights of citizens of the United States. The rights and obligations which belonged to each province before the union would be binding upon them or the government at Washington. Thus the debt of Canada would be assumed by the federal government, apportioned among the provinces as it was before the Dominion Act, or divided according to relative population. The annexed territory would retain all its private rights of property in the soil, and the public buildings would belong to the province in which they are situated.

Having discussed the methods of annexation the next question is its practicability. On casting a retrospective eye on the progress of Canada we cannot but be struck with the difficulties it has had to encounter before attaining its present position on the threshold of a new existence. It is governed by institutions and laws similar to our own, and inhabited by a people, many of whom have a like origin, education and religion with ourselves. But we have seen differences between the populations which can only be gradually eliminated by social fusion. The question of religion in state and common schools would be a source of discussion and controversy, since we are apt to maintain our belief in non-sectarianism as a policy superior to that of Canada. We must not look to the provinces of Quebec, Ontario and those on the Atlantic, whose future can only be prophesied by the historic past, for a beneficial union with us, but to the wonderfully fertile and sparsely populated country extending to the Pacific. The west and northwest are receiving a tide of immigration which must, through similarity in ethnical character, develop social institutions suitable for an intimate alliance with us. The territory of the Dominion is contiguous, and annexation, if not necessary, would at least permit the extension of our commerce with perfect freedom and security. Its numerous harbors, large rivers and communications connect its people with our own, and, by the representative system and the avoidance of sectional prejudices and factions, the United States though of vast extent, might with perfect harmony and security expand into an entire North American Republic.”

Aitken, William Benford. “The Dominion of Canada; a study of annexation”, New York, H. K. Van Sielen, 1890. http://hdl.loc.gov/loc.gdc/scd0001.00173951760

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

This book asserts that in January 1757, 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, followed by adjustments to representation in subsequent years. Governor Cornwallis initiated courts of justice based on English common law in 1749, leading to the establishment of County Courts and a General Court.

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/

The Powers of the Governors of the Governor in Early Eighteenth-Century Virginia

“The powers of the royal governor were generally defined in the commission which he received from the crown. The governor’s instructions were more specific in nature and usually stated the exact manner in which the governor was to execute his powers. The commissions and instructions were “issued in the spirit of government ’by royal grace and favor’” and remained static and unchanging throughout the century prior to the American Revolution.

These documents nevertheless, retained an Important place in the governmental system of the colonies. Constitutionally speaking, they formed a basis for the provincial constitutions, and “there were no documents above these to which appeal could be taken.” They were to serve the governor as a guide to the actual frame of government and to the policies which the home officials expected him to pursue.

Of these two documents, the commission was the highest in authority. It was issued under the great seal of England and contained the actual appointment of the governor to his post.”

Lonnes, Anita Joy, “The Powers of the Governor in Early Eighteenth-Century Virginia” (1964). Dissertations, Theses, and Masters Projects. William & Mary. Paper 1539624556. https://dx.doi.org/doi:10.21220/s2-fxhg-fx54

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