Thomas Akins - History of Halifax City

It may here be observed, that on the establishment of Representative Government at Halifax, in 1758, among the first acts of the Assembly, was that for the support of Religious Worship, which contained a clause for the free toleration of all Protestant dissenters, whether Lutherans, Calvinists, etc., completely exempting them from all charges for the support of the Established Church. By this act, the right of the parishioners of St. Paul's and all future parishes, to present their own minister to the ordinary for induction was declared, and immediately after its publication, the parishioners of the parish of St. Paul's, in the Town of Halifax, presented the Reverend John Breynton and the Reverend Thomas Wood as joint Rectors, or "Rector and Vicar," as they were called, to the Governor, who immediately went through the form of induction, a ceremony thought necessary in order to entitle them to privileges of incumbents. The record of this fact will be found in the correspondence of the Society for the Propagation of the Gospel at that period.

During the winter of 1753-4, there had been no disturbance from the Indians, and the Government availed themselves of the opportunity of sending out proper persons to make a survey of the country around. The winter was mild and the frost not so severe as usual or of so long continuance. The valley of the Shubenacadie had been examined, but it was not found available for settlement, being the principal resort of the Indians under Cope. The Township of Lawrencetown including Chezzetcook, had also been undertaken, and further grants of land in that quarter of the country were sought for in the following spring.

The desertion of many of the lower orders of the German settlers at Lunenburg is mentioned; they appear to have gone over to the French. Governor Lawrence in his letter to the Board of Trade, August 1st, 1754, speaking of the French, says, "They have not for a long time brought anything to our markets, but on the other hand have carried everything to the French and Indians."

At this time the land was being cleared for the Battery at the east side of the harbour, the site probably of the present eastern battery. A fort was also in progress of erection at Lawrencetown when the settlement was progressing, not having been disturbed by the Indians. This settlement had been formed by Governor Lawrence in consequence of the good meadow lands at the head of the harbour, and he granted the township to 20 proprietors and built a blockhouse for their protection. But the undertaking was not prosperous, and finally failed to answer the object intended, owing to its exposed situation and the distance from Halifax.

The arrival of the Vulture, sloop-of-war, Capt. Kenzey, from the Bay of Fundy, produced much excitement in the Town; she brought several prisoners charged with murder, who were lodged in jail to take their trial before the General Court. 33 33 Mr. Nisbett was Attorney General at the time. He had been acting in that office since the Spring of 1752.

Benjamin Street, Samuel Thornton and John Pastree, were placed on their trial for the murder of one of the midshipmen and a sailor of the Vulcan. It appeared on the trial that a schooner, of which the parties charged were part of the crew, commanded by one Hovey, belonging to Boston or some part of New England, was found trading in the Bay of Fundy and supplying the French with provisions, etc. Capt. Kenzey sent a boat aboard Hovey's shallop, under the idea that he had contraband goods on board. The crew refused to allow the man-of-war boat to come alongside, and fired into her, killing Mr. Jolly and wounding several others. Hovey, the master, appears to have gone below and hid himself during the whole affair. He was discovered in his berth by the officer in command of the man-of-war boat, after the sloop had been captured. This affair occurred in July, 1754, and the trial took place before the Chief Justice in Michaelmas Term of that year. This was the first sitting at which Chief Justice Belcher presided. The three prisoners were acquitted of the murder, but it would appear they were found guilty of the minor offence, as they were sentenced to six months imprisonment, and afterwards placed on board a man-of-war (1755). Joseph Hovey, the master, was discharged, the grand jury refusing to find a bill of indictment against him.

The following appointments were made by the grand jury in Michaelmas Term, 1754: Gaugers of Casks, Paul Pritchard and Lewis Piers; Surveyors of Pickled Fish, Henry Ferguson and Daniel Hills; Cullers of Dry Fish, Charles King and E. Gerrott; Cullers of Hoops and Staves, Dennis Heffernan and Benoni Bartlett; Surveyors of Lumber, etc., Joseph Scott and Joseph Marshall; Surveyors of Cordwood, Samuel McClure, Josiah Milliken and Joseph Wakefield.

On Monday 14th October, 1754, Jonathan Belcher, Esq., was sworn in Chief Justice. The Court then adjourned to the Court House, where His Majesty's Commission was read, appointing Lt. Governor Lawrence, Governor General of the province. Mr. Belcher's appointment bears date in July. At the commencement of Michaelmas Term, the following ceremonies and procession were observed, the first of the kind ever seen in Nova Scotia. On the first day of Michaelmas Term, the Chief Justice walked from the Governor's house honoured by the presence of His Excellency Charles Lawrence, Esq., Lieutenant Governor, and accompanied by the Honourable the Members of H. M. Council, proceeded by the Provost Marshal, the Judge's tipstaff, and other civil officers, the gentlemen of the Bar attending in their gowns, and walking in procession to the long room at Pontach's, where an elegant breakfast was provided, where the Chief Justice in his scarlet robes, was received and complimented in the politest manner, by a great number of gentlemen and ladies, and officers of the Army. Breakfast being over, they proceeded with the commission before them, to church, where an excellent sermon was preached by the Rev. Mr. Breynton, from these words: "I am one of them that are peaceable and faithful in Israel." A suitable anthem was sung, after which they proceeded to the Court House, which upon this occasion was very handsomely fitted up, where the Chief Justice being seated with his Excellency the Lieutenant Governor on his right hand under a canopy, the clerk of the Crown presented His Majesty's commission to the Chief Justice, appointing him to be Chief Justice within the province, which being returned, and proclamation for silence being made, the same was read, and directions were given by the Chief Justice for the conduct of the practitioners, and the Grand Jury appearing in Court upon the return of the precept, were sworn and charged by the Chief Justice, and the business of the day being finished, the Court adjourned. His Honor the Chief Justice, accompanied and attended as before, returned to the Governor's house. A few days after Mr. Chief Justice Belcher, the Provost Marshal, the gentlemen of the Bar, and other officers of H. M. Supreme Court, and the gentlemen of the grand jury, waited on his Excellency the Lieutenant Governor, when the Chief Justice, in his robes of office, addressed his Excellency in the name of the whole, as follows:

"Sir, – We esteem it our indispensable duty to testify our zeal, as Chief Justice, provost marshal, grand jurors, practitioners and officers of H. M. Supreme Court of judicature, for the interest of this province, and the protection of its laws, our attachment to your person, and our respect and gratitude for your eminent services, by expressing our joy in His Majesty appointing you to the chief command of this his dominion of Nova Scotia. We shall ever consider it as essential to our fidelity in the execution of the laws, to exert our most vigilant endeavors for the ease and success of your administrations, and not only to suppress any measures subversive of your consultations for the public good, but at all times affectuate the means prescribed by you for the prosperity of the province. Our solicitude for the advancement of justice under the laws, cannot be more fervently expressed, than by the tender of our ardent wishes for your being and happy continuance in the chief chair of this Government."