The Governor deeming it expedient that some permanent system of judicial proceedings to answer the immediate exigencies of the Colony should be established, a committee of Council was accordingly appointed to examine the various systems in force in the old Colonies. On 13th December, Mr. Green reported that after a careful investigation, the laws of Virginia were found to be most applicable to the present situation of the province. The report was adopted. It referred principally to the judicial proceedings in the General Courts, the County Courts, and other tribunals.
Before concluding this chapter, which comprehends all that can be collected relative to the affairs of the settlement during the first year of its existence, it will be proper to observe that in founding the City, the spiritual wants of the settlers were not lost sight of by the British Government. Preparatory to the embarkation of the settlers, a letter was addressed by the Lords of Trade and Plantations to the Society for the Propagation of the Gospel in Foreign Parts, dated Whitehall, April 6th, 1749, recommending to the Society to appoint ministers and school-masters for the new settlement at Chebucto, and for such other townships or settlements as should from time to time be formed in Nova Scotia, and requesting the Society to make some provisions for them until arrangements should be made for their sufficient support, by grants of land, etc.20 The Society resolved immediately to act on this recommendation, and undertook to send six clergymen and six school-masters, when the settlements should be formed. The first missionaries appointed under this arrangement, were the Rev. William Tutty, of Emmanuel College, Cambridge, and the Rev. Mr. Anwell, who both came out with the settlers in June, 1749. Mr. Tutty officiated in the open air until the necessary church accommodation could be obtained. On laying out the town, a spot was assigned by Government for the church. The site was first selected at the north end of the Grand Parade, where Dalhousie College now stands, but it was changed immediately after for the present site of St. Paul's Church, which was erected at the expense of Government and ready for the reception of the missionary, who preached his first sermon there on the 2nd day of September, 1750. The pews and inside finish were not completed for several years after. The name of Mr. Tutty does not appear among those of the settlers who came with Cornwallis. He probably, however, accompanied him. Mr. Anwell came with the expedition, but his name does not again appear; he died shortly after his arrival. Mr. Tutty spoke German and administered the Lord's Supper to the German settlers in their own language. The other missionary, J. Baptiste Moreau, who came out as school-master, and afterwards went to England for ordination, returned to the settlement and went down to Maligash with the Germans, 1752. Mr. Halstead was the school-master in charge of the Society's schools at Halifax during the first two or three years.
Governor Cornwallis in 1749, assigned the lot at the south-west corner of Prince and Hollis streets for a Protestant Dissenting Meeting house. The old building known as Mather's, or as it was afterwards called St. Matthew's Church (destroyed by fire in 1859,) was soon after erected on this site. It was appropriated originally to the Congregationalists, many of whom came from New England to settle in Halifax. It was called Mather's Church after the celebrated Cotton Mather, one of the leading divines of that denomination at Boston, in early days. The Presbyterians, and all who did not belong to the Established Church, attended divine service in this building. The Rev. Mr. Cleveland, who came from one of the old colonies, was the first minister who officiated in this building. It afterwards fell into the hands of the Presbyterians and became the property of the Church of Scotland, and the name of Mather's was changed to that of St. Matthew. This old Church was destroyed by fire, which consumed a large portion of the buildings in Hollis Street, in 1859. The lot of ground on which it stood was afterwards sold to Mr. Doull, who erected the fine stone store thereon, now known as Doull and Miller's building.
CHAPTER II
The winter of 1749-50, as has been before mentioned, was spent in continual apprehension of Indian and French invasion, and in preparations to receive the enemy. On the 7th January, 1750, a number of the inhabitants petitioned that Martial Law should be declared, but the Governor and Council did not consider the danger so great or imminent as to make it necessary. However, stringent regulations with regard to the militia were enacted, and an ordinance was issued compelling all settlers able to bear arms between 16 and 60, to be formed into 10 companies of 70 men each,21 and a guard of – officers and 30 men to assemble every evening near the parade to keep guard until sunrise, and all militia men called upon to labour at the fortifications, were to be allowed 1s. per day. Labourers were constantly employed in raising a barricade and continuing it to the water side, and block houses were erected between the forts.
During the winter intelligence frequently arrived from Minas, Pisiquid, and the eastern shore, of attacks being made by the Indians upon stragglers, and several young Acadians were brought from Minas to Halifax for trial, having been found in arms with the Indians. A large reward was offered for the apprehension of LeLoutre, the Indian missionary, and also £10 sterling for every Indian scalp or Indian prisoner. Capt. Sylvanus Cobb, an active and bold sea captain from Massachusetts, was taken into Government employ, and sent to Chignecto with his armed sloop for the purpose of surprising LeLoutre and his gang, and afterwards to search the harbors along the coast for Indians, and bring with him all he captured as prisoners to Halifax. Troops under Capt. Bartilo and others were sent into the interior and other active proceedings taken by the Governor and Council during the months of January and February for the peace of the province. A courier having been stopped at Cobequid, Priest Gourard and the French Deputies, were all brought to Halifax, by Capt. Bartilo, for examination before the Governor and Council; Gourard was detained at Government House until the courier returned, but the deputies were dismissed. He disclosed the fact to the Council that the Mic-Mac Indians of Nova Scotia went every year to Quebec, to receive clothing from the French Government, and that LeCorn had made the French of Acadia take the Oath of Allegiance to the French King. Gourard on this occasion took the Oath of Allegiance to the Crown of Great Britain, and thereupon received a licence to officiate as Priest to the Acadians, and promised not to leave the province without special leave from the Governor.
Among the municipal regulations this winter, was an ordinance that all persons found breaking the liquor license law, should be put one hour in the public stocks, and for the second offence receive twenty lashes. These severe regulations were found to be absolutely necessary, in consequence of the demoralized state of the settlement from settlers and others who infested the town and who were not settlers.
On the 2nd February, 1750, an ordinance was passed in Council, prohibiting the recovery of any debt contracted in England or elsewhere prior to the establishment of the settlement or to the debtor's arrival in Halifax, in any Court of Law within the province, except for goods imported into the Colonies. There appears to have been some difference of opinion at the Board on the subject; the Council divided, and the ordinance was carried by a small majority.
It was proposed in Council about this time, to build a quay along the shore in front of the town, but several merchants – Mr. Saul, Mr. Joshua Mauger and others, having applied for water lots, and liberty to build wharves on the beach, the subject was referred to Mr. Morris the surveyor, and Mr. Bruce the engineer. They thought the quay was a work of time and required means from England. Licences to build wharves were therefore granted, with a reservation of the right of the Crown in case the quay should be resolved on or the frontage required for government purposes. This scheme was afterwards abandoned by Government, and the licences remained unrepealed. At this period the line of the shore was so irregular, as in some places to afford only a footpath between the base line of the lots, which now form the upper side of Water Street and high water