21st December, 1758. The Governor and Council appropriated the sum of £400, raised by duties on liquors, towards the church in Halifax, under the direction of Benjamin Green, John Collier, Charles Morris, Robert Saunderson and Henry Newton, commissioners for that purpose.
[Extract of letter from Louisburg, June 9th.]
"Admiral Saunders, with the squadron under his command, arrived in good condition on the 21st April off Louisburg, but on account of ice blockading the harbour, was obliged to bear away on the 26th for Halifax, whence he arrived on the first of May."
June 16th, 1759. Peter Marquis de Conte and Gravini, was released from his imprisonment, he having paid his fine. This gentleman died at Halifax. His will is recorded in the probate office.
Thursday 16th August, 1759, William Cotteral, Robert Grant and Montague Wilmot, Esquires, Councillors, being absent from the Province, the Governor appointed Richard Bulkeley, Thomas Saul and Joseph Gerrish, who were this day sworn in and took their seats.
February, 1760, two Indian Chiefs attended the Council, and were presented with laced blankets, laced hats, etc. They were informed that the same would be sent to the Chief of the St. John's Indians, and that the treaty of peace would be ready to be signed to-morrow, and if the wind was favourable they should embark on Sunday.
In Council 11th March, 1760, the Governor appointed the Hon. Jonathan Belcher, Benjamin Green, John Collier, Charles Morris, Richard Bulkeley, Thomas Saul and Joseph Gerrish, Esquires, and William Nesbitt, John Duport, Joseph Scott, John Creighton, Sebastian Zouberbuhler, Edward Crawley, Charles Proctor and Benjamin Gerrish, Esquires, to be justices of the peace for the town and county of Halifax. Charles Morris, John Duport, Joseph Scott, Joseph Gerrish and Edward Crawley, Esquires, to be justices of the Inferior Court of Common Pleas for the county of Halifax, to the several of whom His Excellency then administered the oath requisite.
CHAPTER IV
Notwithstanding the advantages held out by Government to the settlers at Halifax, and the repeated large grants of money by Parliament, the people were rapidly removing to the old Colonies. Little progress had been made in clearing the country. The fishery, one of the main inducements of the settlement, was almost altogether neglected, and the population was reduced to much less than half its original number. They subsisted chiefly on the money expended by the Army and Navy, and were dependent on Boston for their provisions and many other necessary supplies.
In 1755, Dr. Breynton, the minister at St. Paul's, estimated the inhabitants of Halifax at 1,300, eight hundred of whom professed themselves members of the Church of England; and again in 1763, eight years later, according to the Doctor's returns to the Propagation Society, the number was still found not to exceed one thousand and three hundred souls; nine hundred and fifty of them being of the Church of England, and three hundred and fifty Protestant Dissenters and Roman Catholics.
Up to the year 1757, the enormous sum of £560,000 sterling had been expended on the settlements, and though in some respects the Colony had been considered a failure, yet in a military point of view it was of incalculable importance to Great Britain, and to its position as a naval and military depot may be ascribed in a great measure the downfall of the French power in America.
On 30th June, 1757, Lord Loudon with his transports and 12,000 regulars and provincials arrived at Halifax, and on July following, Admiral Holborn arrived with his fleet. This armament, which was destined for an attack on Louisburg, left Halifax early in August, but having proved a failure the fleet returned to England in September, but Loudon returned with his army to New York; they both left Halifax on the same day, 16th August. Holborn arrived at Louisburg on 20th, where finding the French fleet superior to his own, he continued to cruise off Louisburg harbour until 24th September, when he encountered a severe gale of wind which scattered his fleet, several ships were lost, eight sail got safe to Portsmouth, and the rest got to New York. This powerful armament consisted of 13 sail of the line – the Newark 80 guns, Invincible 74, Grafton 68, Terrible 74, Northumberland 68, Captain 68, Bedford 64, Orford 68, Nassau 64, Sunderland 64, Defiance 64, Tilbury 64, Kingston 60, Windsor 54, and the Sutherland 50, with several others which afterwards joined them, and 16 smaller vessels of war. The naval forces amounted 10,000 men, and the land forces to 12,000, six thousand of whom were provincial troops. Loudon left three regiments at Halifax, and several of the vessels remained to winter here.
In May of this year the Governor and Council offered a bounty for sowing land with grass on the peninsula of Halifax, also for the erection of stone fences around the lots, and for raising grain and potatoes.
Loudon was succeeded in the supreme command by Abercrombie, another incompetent – a debilitated old man who remained in command for a short time. He was succeeded by Sir Jeffrey Amherst.
In the following spring about 12,000 troops arrived at Halifax, under the command of General Amherst. They were soon followed by Admiral Boscawen from England with a large fleet consisting of 23 ships of the line and 18 frigates. This great fleet arrived in Halifax harbour in May, 1758, accompanied by 120 transports. The land forces amounted to 12,260 men. On Sunday, 28th May, they set sail from Halifax, 157 vessels in all. They were met by General Amherst, with part of the force, as they went out of the harbour. Governor Lawrence accompanied the army and took command of one of the Brigades, Colonel Monkton being left in command during his absence.
After the siege, which was protracted for two months, part of the fleet and army returned to Halifax, and some of the vessels remained to refit. The colony was sacked for provisions and the town turned into a camp for the troops. A number of the provincial soldiers and others, having enriched themselves with the spoils at Louisburg, became settlers in the town. All the ammunition and stores, with a quantity of private property, were removed to Halifax, and the town once again began to assume a prosperous appearance.
This year was also memorable as the one in which Representative Government was established in Nova Scotia. The subject of calling a Legislative Assembly had undergone much discussion. It had been represented by the Governor and Council, to the authorities in England, that such a step at that particular time would be fraught with much danger to the peace of the colony. Chief Justice Belcher, however, having given his opinion that the Governor and Council possessed no authority to levy taxes, and their opinion being confirmed in England, it was resolved in Council on 3rd January, 1757, that a representative system should be established and that twelve members should be elected by the province at large, until it could be conveniently divided into counties, and that the township of Halifax should send four members, Lunenburg two, Dartmouth one, Lawrencetown one, Annapolis Royal one, and Cumberland one, making in all twenty two members, and the necessary regulations were also made for carrying into effect the object intended.
Much discontent prevailed in the town, and also in other parts of the province, in consequence of the opposition of Governor Lawrence to the calling of a Representative Assembly. Hitherto the Government had been carried on solely by the Governor and Council, who possessed both Legislative and Executive authority. Under the Royal instructions the Governor was directed to call a Representative Assembly as soon as the circumstances of the country would permit, but the Governor was of opinion that it would be injudicious to proceed to a popular election until the country was better prepared for it. After repeated remonstrances from the people of Halifax and some pressure from his Council, it was on the 7th January resolved in Council that an assembly should be called, and a plan was drawn up and submitted to the Board of Trade for the sanction of the home government. We find, however, that in February following it was resolved by the inhabitants of Halifax to petition the Crown against the conduct of Governor Lawrence, not only as regards his unwillingness to establish a representative government, but his oppressive and overbearing conduct in other respects to many of the leading inhabitants. This petition was entrusted to one Ferdinando Paris, a gentleman in London, accompanied by affidavits and a power of attorney, conferring on him authority to represent the subscribers before the Privy Council and the Board of Trade and Plantations. A subscription was set on foot, and about £120 sterling subscribed, to meet the expenses of the application to Government. These documents were certified by Chief Justice Belcher as authentic, on 14th March. As these proceedings bear date in February, 1757, it is probable that the resolution of the Council of the 7th January had not been made known. The petition and power were signed by the following residents of the town who reputed themselves as a committee appointed by the people for the purpose of forwarding their views: Robert Saunderson, William Pantree, Malachi Salter, Jonathan Binney, Otto Wm. Schwartz, Robert Campbell, Henry Ferguson and John Grant. These papers were also accompanied by a copy of an address from the people of Halifax to Lt. Governor Robert Monkton, praying that certain sums of money, collected as rum duties, etc., might be expended on the fortifications of the town as a protection to the inhabitants, and offering to contribute both labour and money for the purpose. It also complains of the "miserable management of those who have had the direction of the defences." This petition bears date 19th October, in the same year. The language of one of the letters addressed to Mr. Paris, the request on the subject of the Halifax grievances and the overbearing military rule of Governor Lawrence, bespeak much excitement to have existed in the town on the subject. The feeling appears to have prevailed principally among the leading inhabitants. We find that the list above referred to was signed by Mr. Binney, Mr. Salter, Mr. Pantree, Mr. Schwartz, Dr. Grant, Mr. Saunderson, Mr. Fairbanks, Mr. Robt. Campbell, Mr. Butler, Mr. Suckling, Mr. Vanput, Mr. G. Gerrish, Mr. Gibbon, Mr. Wiswell, Mr. Mason, and many others.
On the first of November following, the Grand Jury of Halifax petitioned Governor Lawrence that some immediate steps may be taken to fortify the town so that the inhabitants might be placed in a more secure position in case of invasion. They refer to a petition presented to Lt. Governor Monkton on the same subject, to which no reply had been made, and concluded by asking that they might know without further delay what they were to expect; that if no further security is to be provided for the settlement they may have an opportunity of conveying themselves, their families and effects to a place of greater safety in some of the neighbouring Colonies. The names of the Grand Jury were Robert Saunderson, Joseph Rundell, John Anderson, Paul Pritchard, Hugh McKay, Joseph Fairbanks, William Schwartz, Robert Campbell, William Pantree, John Killick, John Brooks, Henry Wilkinson, Walter Manning, John Slayter, Richard Catherwood, Joseph Pierce, Alexander Cunningham, Richard Tritton, Jonathan Gifford and Benjamin Leigh.
On Monday, the 2nd of October, 1758, the newly elected members met in the Court House in Halifax, pursuant to summons from the Provost Marshall; their names were as follows:
They sent Messrs. Nesbitt, Newton and Rundell, to wait on the Governor, who sent Messrs. Morris and Green from the Council to swear them in. They then chose Robert Saunderson their speaker, which was confirmed by the Governor, who addressed them as follows: "Gentlemen of the Council and House of Representatives: His Majesty having been most graciously pleased by his royal instructions to his Governors of this Province to direct the calling an assembly of the freeholders to act in conjunction with his Governor and Council as the Legislative Authority, when such a measure should be found essential to his service; I am to assure you that it is with particular pleasure I now meet you convened in that capacity, in consequence of a plan some time since formed here for that purpose, with the advice and assistance of His Majesty's Council, and by me transmitted to the Lord Commissioner for Trade and Plantations to be laid before His Majesty for his approbation.
"Gentlemen of the House of Representatives:
"I entertain the most sanguine hopes that you are come together unanimously disposed to promote the service of the Crown, or in other words, the real welfare and prosperity of the people whom you have the honour to represent, in every point to the utmost of your authority and capacity.
"This, I presume, you will conceive is justly to be expected, not only from the immediate regard due to the Civil Rights and Interests of your constituents, but likewise from the unspeakable obligations you are under to demonstrate in their behalf your dutiful sense of His Majesty's paternal concern for the prosperity and security of those his subjects in those distinguishing marks of his royal favour and protection which we have from time to time so happily experienced in the fleets and armies sent out for our immediate preservation when we were under the most imminent danger of being swallowed up by a merciless enemy; also in the ample supplies of money for so many years annually granted for the support and encouragement of this infant colony; and moreover still, in the continuance of His Majesty's royal bounty for that purpose, when from the seeming inclination of the inhabitants to have an assembly convened some time ago, it might have been presumed, and indeed by an article of His Majesty's Instructions, which I shall order to be laid before you, it has been judged that the Colony has become capable of providing for the necessary support of government here, as has been usual in all His Majesty's other American Dominions.
"Gentlemen of both Houses:
"As my Military occupation requires my attendance as early as possible upon the Commander-in-Chief of the Forces to the Westward, and as the Lieutenant Governor is now necessarily employed, and will be for some time to come, upon an enterprise of importance in a distant part of the province, there is not at present an opportunity of entering upon such particulars as might otherwise call for your attention; I am therefore earnestly to recommend to your serious consideration the expediency, or rather the necessity of unanimity and dispatch in the confirmation of such Acts or resolutions of a legislative nature, as the Governor and Council under His Majesty's Royal Instructions have found expedient, before the forming of an assembly and indispensably necessary for promoting the welfare and peaceable Government of this people.
"You may depend upon it, Gentlemen, on my return to the Government you will find me perfectly disposed to concur with you in enacting such further laws, making such amendments to the present ones, and establishing such other regulations as shall appear upon more mature deliberations to be consistent with the honour and dignity of the Crown and conducive to the lasting happiness of His Majesty's subjects where I have the honour to preside.
Charles Lawrence."
The House then resolved that the members should all serve without pay for the session. The calling of the Legislature had been delayed till the autumn in consequence of both the Governor and Lt. Governor being absent with the Army at Louisburg. Governor Lawrence came up to Halifax from Louisburg specially to meet the Legislature.
The Governor in his letter to the Board of Trade about this time noticed particularly the serious effects on the settlement of the enormous importation and retail of spirituous liquors, and expressed a hope that the Legislature would check it.
On 2nd July, 1761 (second session) the House voted £50 for a public clock in the Town.
The following year (1759) Halifax was again the rendezvous for part of the fleet and army both before and after the siege of Quebec; not a few of the more enterprising settlers followed the camp and enriched themselves during the war, Admiral Darell with 4 ships of the line arrived in Halifax Harbor in April and left for the St. Lawrence on 5th May.
At the news of the victory, the town was illuminated, and fire works, bonfires and other public entertainments lasted several days.
Between the years 1759 and 1763 the harbor had been the constant resort of the squadrons under Lord Colville and others; the place was enlivened by the presence of a large army and navy, and at the close of the war several gentlemen of condition were induced to become settlers.
Peace having been proclaimed in 1763, the 28th day of December of that year was solemnized at Halifax as a day of thanksgiving on account of the termination of the war. Though the town possessed all the advantages to be derived from the presence of the naval and military forces, the resident population did not increase. From the notitia parochialis of the Rev. Dr. Breynton, the Rector of St. Paul's, the number of inhabitants in the town did not exceed 1300 souls. However, in 1769, six years after, the Doctor makes the following return: Inhabitants in and about Halifax including Garrison, Acadian French and fishermen, by the late public survey 5000 souls, of which 200 are Acadians and 55 protestant dissenters. The number of births that year was 200 and the deaths 190.
Among the local occurrences of the year 1759, was the trial of Thomas Lathum, baker, for the murder of Lieutenant Collins of the Royal Navy. It appeared that Mr. Collins, Captain Sweeney, Doctor Johns, Mr. Fulton and others of the Navy, had been sipping at the house of one John Field, and late in the evening proposed to go out in search of some women with whom one of them had made an engagement. They knocked at the door of one Hewitt, and inquired for Polly. On being refused admission, it appeared that Thomas Lathum, the brother-in-law of Hewitt, who lived in the neighbourhood, hearing the noise, came to his own door and demanded of the gentlemen in the street whether they intended to rob Mr. Hewitt. They replied that they were gentlemen and not robbers. Some further words provoked a scuffle, in which Fulton was dragged by Lathum into his house. The affair terminated in Lathum discharging a gun after the party, and mortally wounding Collins. Captain Sweeny had previously called the guard, who shortly after the affair arrived and took Lathum into custody. Lathum was tried on the 24th April, 1759.
The names of the grand jury, who found the bill of indictment, were Michael Francklin, foreman, Charles Proctor, Abraham Bowyer, Walter Manning, James Quinn, Nathan Nathans, J. Pernette, John Craig, Terrence Fitzpatrick, John Kerby, Jonathan Pierce, James Porter, Henry Sibley, J. Flanagan, Michael Moloney, Robert Cowie, Charles Terlaven, Jonathan Gifford and James Browne.
On the 11th March, 1760, the following gentlemen were appointed Justices of the Peace for the county of Halifax, viz.: The Hon. Jonathan Belcher, Hon. Benjamin Green, Hon. John Collier, Hon. Charles Morris, Hon. Richard Bulkeley, Hon. Thomas Saul, Hon. Joseph Gerrish, William Nesbitt, John Duport, Joseph Scott, John Creighton, Sebastine Zouberbuhler, Edward Crawley, Charles Proctor and Benjamin Gerrish, and on 30th December following, Malachi Salter, Alexander Grant, Johnathan Binney and John Burbidge were added to the number. Messrs. Morris, Duport, Scott, Gerrish and Crawley were appointed Justices of the Inferior Court of Common Pleas.
Governor Lawrence, who had been for 7 days ill, died of inflammation of the lungs on the morning of the 19th October, 1760. The Council were immediately summoned, and Chief Justice Belcher sworn in to administer the Government. A question had arisen on a previous occasion, between Mr. Belcher and Mr. Green, as to the eligibility of the Chief Justice to the office of administrator of the Government, which was decided in favour of the Chief Justice, but some years after, the question was determined by the British Government declaring that the two offices of administrator of the Government and Chief Justice, should never be held by the same person.
It was resolved in Council, that the funeral of the late Governor should be at the public expense, and a monument to his memory was afterwards voted by the Assembly to be placed in St. Paul's Church.[37 - The inscription to be placed on this monument is given at full length in the Gazette of that day, but it was not to be found among those which cover the walls of old St. Paul's. There is, however, an escutcheon with the arms of Lawrence on the east gallery.]
The funeral of Governor Lawrence took place on the Thursday following, 24th October, at 4 p. m. The procession began from Government House as follows: —
The Troops in Garrison, the Military Officers, two field pieces 6 pounders, the Physicians, the ministers, the corpse in a coffin covered with black velvet, and the pall, to which were affixed escutcheons of His Excellency's arms, supported by the President and the rest of His Majesty's Council.
The Mourners, the Provost Marshall, the House of Assembly, the Magistrates, the Civil Officers, the Freemasons and a number of the inhabitants. The Bearers, Clergy, Physicians and all Officers, Civil and Military had linen and cambric hat-bands.
The corpse was preceded near the church by the orphans singing an anthem. The pulpit, reading desk and the Governor's pew, were covered with black and escutcheons, and a most pathetic Funeral Sermon was preached by the Reverend Mr. Breynton, Rector of the Parish, after which the corpse was interred on the right side of the Communion Table.
Minute guns were fired from one of the batteries, from the time the procession began, until the interment, when the whole was concluded with three volleys from the troops under arms.
The Supreme Court, which began on Tuesday following, was hung in mourning and escutcheons.
The following fulsome eulogium, to the late lamented Governor, appeared in the newspapers of the day: "The Lieutenant Governor was possessed of every natural endowment and acquired, accomplishment necessary to adorn the most exalted station, and every amiable quality that could promote the sweets of friendship and social intercourse of human life.
"As Governor, he exerted his uncommon abilities with unwearied application, and the most disinterested zeal in projecting and executing every useful design that might render this Province and its rising settlements flourishing and happy. He encouraged the industrious, rewarded the deserving, excited the indolent, protected the oppressed and relieved the needy. His affability and masterly address endeared him to all ranks of people, and a peculiar greatness of soul made him superior to vanity, envy, avarice or revenge.
"In him we have lost the guide and guardian of our interests, the reflection on the good he has done, the anticipation of great things still expected from such merits, and circumstances which, while they redound to his honour, aggravate the sense of our irreparable misfortune."
About the end of October, Commodore Lord Colville arrived in the harbor with the Northumberland and three other ships of the line and several frigates from Quebec. The Sloop-of-War England also arrived from England with dispatches and next day sailed for Louisburg and Quebec. Several transports also came in about the same time with Col. Montgomery's Highlanders to relieve the two battalions of the 60th Royal Americans.