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Section 2.
The Foundation of Nova Scotia (1749—1783)

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The foundation of Halifax practically put an end to the Acadian period of Nova Scotian settlement. Until that time the English occupation of the country was merely nominal. Owing largely to the representations of Governor Shirley, of Massachusetts—a statesman of considerable ability, who distinguished himself in American affairs during a most critical period of colonial history—the British government decided at last on a vigorous policy in the province, which seemed more than once on the point of passing out of their hands. Halifax was founded by the Honourable Edward Cornwallis on the slope of a hill, whose woods then dipped their branches into the very waters of the noble harbour long known as Chebuctou, and renamed in honour of a distinguished member of the Montague family, who had in those days full control of the administration of colonial affairs.

Colonel Cornwallis, a son of the Baron of that name—a man of firmness and discretion—entered the harbour, on the 21st of June, old style, or 2nd July present style, and soon afterwards assumed his, duties as governor of the province. The members of his first council were sworn in on board one of the transports in the harbour. Between 2000 and 3000 persons were brought at this time to settle the town and country. These people were chiefly made up of retired military and naval officers, soldiers and sailors, gentlemen, mechanics, farmers—far too few—and some Swiss, who were extremely industrious and useful. On the whole, they were not the best colonists to build up a prosperous industrial community. The government gave the settlers large inducements in the shape of free grants of land, and practically supported them for the first two or three years. It was not until the Acadian population were removed, and their lands were available, that the foundation of the agricultural prosperity of the peninsula was really laid. In the summer of 1753 a considerable number of Germans were placed in the present county of Lunenburg, where their descendants still prosper, and take a most active part in all the occupations of life.

With the disappearance of the French Acadian settlers Nova Scotia became a British colony in the full sense of the phrase. The settlement of 1749 was supplemented in 1760, and subsequent years, by a valuable and large addition of people who were induced to leave Massachusetts and other colonies of New England and settle in townships of the present counties of Annapolis, King's, Hants, Queen's, Yarmouth, Cumberland, and Colchester, especially in the beautiful townships of Cornwallis and Horton, where the Acadian meadows were the richest. A small number also settled at Maugerville and other places on the St. John River.

During the few years that had elapsed since the Acadians were driven from their lands, the sea had once more found its way through the ruined dykes, which had no longer the skilful attention of their old builders. The new owners of the Acadian lands had none of the special knowledge that the French had acquired, and were unable for years to keep back the ever-encroaching tides. Still there were some rich uplands and low-lying meadows, raised above the sea, which richly rewarded the industrious cultivator. The historian, Haliburton, describes the melancholy scene that met the eyes of the new settlers when they reached, in 1760, the old homes of the Acadians at Mines. They came across a few straggling families of Acadians who "had eaten no bread for years, and had subsisted on vegetables, fish, and the more hardy part of the cattle that had survived the severity of the first winter of their abandonment." They saw everywhere "ruins of the houses that had been burned by the Provincials, small gardens encircled by cherry-trees and currant-bushes, and clumps of apple-trees." In all parts of the country, where the new colonists established themselves, the Indians were unfriendly for years, and it was necessary to erect stockaded houses for the protection of the settlements.

No better class probably could have been selected to settle Nova Scotia than these American immigrants. The majority were descendants of the Puritans who settled in New England, and some were actually sprung from men and women who had landed from "The Mayflower" in 1620. Governor Lawrence recognized the necessity of having a sturdy class of settlers, accustomed to the climatic conditions and to agricultural labour in America, and it was through his strenuous efforts that these immigrants were brought into the province. They had, indeed, the choice of the best land of the province, and everything was made as pleasant as possible for them by a paternal government, only anxious to establish British authority on a sound basis of industrial development.

In 1767, according to an official return in the archives of Nova Scotia, the total population of what are now the provinces of Nova Scotia, New Brunswick, and Prince Edward Island, reached 13,374 souls; of whom 6913 are given as Americans, 912 as English, 2165 as Irish, 1946 as Germans, and 1265 as Acadian French, the latter being probably a low estimate. Some of these Irish emigrated directly from the north of Ireland, and were Presbyterians. They were brought out by one Alexander McNutt, who did much for the work of early colonization; others came from New Hampshire, where they had been settled for some years. The name of Londonderry in New Hampshire is a memorial of this important class, just as the same name recalls them in the present county of Colchester, in Nova Scotia.

The Scottish immigration, which has exercised such an important influence on the eastern counties of Nova Scotia—and I include Cape Breton—commenced in 1772, when about thirty families arrived from Scotland and settled in the present county of Pictou, where a very few American colonists from Philadelphia had preceded them. In later years a steady tide of Scotch population flowed into eastern Nova Scotia and did not cease until 1820. Gaelic is still the dominant tongue in the eastern counties, where we find numerous names recalling the glens, lochs, and mountains of old Scotland. Sir William Alexander's dream of a new Scotland has been realised in a measure in the province where his ambition would have made him "lord paramount."

Until the foundation of Halifax the government of Nova Scotia was vested solely in a governor who had command of the garrison stationed at Annapolis. In 1719 a commission was issued to Governor Phillips, who was authorised to appoint a council of not less than twelve persons. This council had advisory and judicial functions, but its legislative authority was of a very limited scope. This provisional system of government lasted until 1749, when Halifax became the seat of the new administration of public affairs. The governor had a right to appoint a council of twelve persons—as we have already seen, he did so immediately—and to summon a general assembly "according to the usage of the rest of our colonies and plantations in America." He was, "with the advice and consent" of the council and assembly, "to make, constitute and ordain laws" for the good government of the province. During nine years the governor-in-council carried on the government without an assembly, and passed a number of ordinances, some of which imposed duties on trade for the purpose of raising revenue. The legality of their acts was questioned by Chief Justice Belcher, and he was sustained by the opinion of the English law officers, who called attention to the governor's commission, which limited the council's powers. The result of this decision was the establishment of a representative assembly, which met for the first time at Halifax on the 2nd October, 1758.

Governor Lawrence, whose name will be always unhappily associated with the merciless expatriation of the French Acadians, had the honour of opening the first legislative assembly of Nova Scotia in 1758. One Robert Sanderson, of whom we know nothing else, was chosen as the first speaker, but he held his office for only one session, and was succeeded by William Nesbitt, who presided over the house for many years. The first sittings of the legislature were held in the court house, and subsequently in the old grammar school at the corner of Barrington and Sackville Streets, for very many years one of the historic memorials of the Halifax of the eighteenth century.

At this time the present province of New Brunswick was for the most part comprised in a county known as Sunbury, with one representative in the assembly of Nova Scotia. The island of Cape Breton also formed a part of the province, and had the right to send two members to the assembly, but the only election held for that purpose was declared void on account of there not being any freeholders entitled by law to vote. The island of St. John, named Prince Edward in 1798, in honour of the Duke of Kent, who was commander-in-chief of the British forces for some years in North America, was also annexed to Nova Scotia in 1763, but it never sent representatives to its legislature. In the following year a survey was commenced of all the imperial dominions on the Atlantic. Various schemes for the cultivation and settlement of the island were proposed as soon as the surveys were in progress. The most notable suggestion was made by the Earl of Egmont, first lord of the admiralty; he proposed the division of the island into baronies, each with a castle or stronghold under a feudal lord, subject to himself as lord paramount, under the customs of the feudal system of Europe. The imperial authorities rejected this scheme, but at the same time they adopted one which was as unwise as that of the noble earl. The whole island, with the exception of certain small reservations and royalties, was given away by lottery in a single day to officers of the army and navy who had served in the preceding war, and to other persons who were ambitious to be great landowners, on the easy condition of paying certain quit-rents—a condition constantly broken. This ill-advised measure led to many troublesome complications for a hundred years, until at last they were removed by the terms of the arrangement which brought the island into the federal union of British North America in 1873. In 1769 the island was separated from Nova Scotia and granted a distinct government, although its total population at the time did not exceed one hundred and fifty families. An assembly of eighteen representatives was called so early as 1773, when the first governor, Captain Walter Paterson, still administered public affairs. The assembly was not allowed to meet with regularity during many years of the early history of the island. During one administration it was practically without parliamentary government for ten years. The land question always dominated public affairs in the island for a hundred years.

From the very beginning of a regular system of government in Nova Scotia the legislature appears to have practically controlled the administration of local affairs except so far as it gave, from time to time, powers to the courts of quarter sessions to regulate taxation and carry out certain small public works and improvements. In the first session of the legislature a joint committee of the council and assembly chose the town officers for Halifax. We have abundant evidence that at this time the authorities viewed with disfavour any attempt to establish a system of town government similar to that so long in operation in New England. The town meeting was considered the nursery of sedition in New England, and it is no wonder that the British authorities in Halifax frowned upon all attempts to reproduce it in their province.

Soon after his arrival in Nova Scotia, Governor Cornwallis established courts of law to try and determine civil and criminal cases in accordance with the laws of England. In 1774 there were in the province courts of general session, similar to the courts of the same name in England; courts of common pleas, formed on the practice of New England and the mother country, and a supreme court, court of assize and general gaol delivery, composed of a chief justice and two assistant judges. The governor-in-council constituted a court of error in certain cases, and from its decisions an appeal could be made to the king-in-council. Justices of peace were also appointed in the counties and townships, with jurisdiction over the collection of small debts.

We must now leave the province of Nova Scotia and follow the revolutionary movement, which commenced, soon after the signing of the Treaty of Paris, in the old British colonies on the Atlantic seaboard, and ended in the acknowledgement of their independence in 1783, and in the forced migration of a large body of loyal people who found their way to the British provinces.

Canada Under British Rule 1760-1900

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