History of Halifax City Part 5

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 a.s.sembly. 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 a.s.sembly as soon as the circ.u.mstances 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 a.s.sembly 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 pet.i.tion 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 pet.i.tion 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 doc.u.ments 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 pet.i.tion 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 pet.i.tion 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 princ.i.p.ally 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 pet.i.tioned 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 pet.i.tion 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:

Joseph Gerrish, } Robert Saunderson,} Henry Newton, } Esquires.

William Foy, } William Nesbitt, } Joseph Rundell. }

William Best, } Alexr. Kedie, } Jonathan Binney, } Henry Ferguson, } George Suckling, } Robert Campbell, } Gentlemen.

Willm. Pantree, } Joseph Fairbanks, } Philip Hammond, } John Fillis, } Lambert Folkers, } Philip Knout. }

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 a.s.sembly 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 a.s.sure 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 a.s.sistance 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 const.i.tuents, 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 a.s.sembly 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 a.s.sembly 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 not.i.tia 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 a.s.sembly to be placed in St. Paul's Church.[37]

[Footnote 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 a.s.sembly, 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 antic.i.p.ation of great things still expected from such merits, and circ.u.mstances 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.

Among the advertis.e.m.e.nts in the Halifax Gazette of 1st November, 1760, is the following:

"To be sold at public auction, on Monday the 3rd of November, at the house of Mr. John Rider, two Slaves, viz.: a boy and girl, about eleven years old; likewise, a puncheon of choice old cherry brandy, with sundry other articles."

1759. Among the town officers nominated by the Grand Jury this year were, John Fillis, Richd. Wenman, Richd. Gibbon and Wm. Schwartz as Commissioners of the poor for the town.

Surveyors of Highways, Chas. Morris, Esq., Chas. Proctor, Esq., Mr. Wm.

Prescott and Mr. John Rider.

This year an Act of the Legislature was pa.s.sed to regulate the Sambro Light House at the entrance of Halifax Harbor, which had been erected the previous year at the expense of 1000. The Work House was also erected this year. Firing guns within the town and peninsula was forbidden in 1758 under a penalty.

The accession of King George the Third was proclaimed at Halifax on the 11th February, 1761, with great ceremony. The proclamation was first read at the Court House door,[38] then at the north gate of the town,[39] at Government House, at the south gate,[40] and lastly on the Parade, where the troops were drawn up and a salute fired by the artillery. Lord Colville's fleet being in the harbour at the time, "each ship fired a Royal Salute, beginning with his Lordship's flagship the Northumberland."

[Footnote 38: Now Northup's corner, Buckingham and Argyle Streets.]

[Footnote 39: At this period there was a fence on the north side of what is now called Jacob St. and a gate near the opening of Brunswick St., in front of the North Barrack old parade, some say further north.]

[Footnote 40: The situation of the south gate is uncertain: there were several south gates. It was along Salter Street, probably in a line with the old forts known as Luttrell's and Horseman's Forts.]