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'' c? ^;. / ^^. ///, Photographic Sciences Corporation 23 WEST MAIN 'iTREET WEBSTiER.N.Y 14S80 (716) 872-4503 ^ m % - <> M ' (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever ?ipplies. Maps, plates, charts, etc., may b;^ filmed at different reduction ratios. Those too larpe to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illust^'ato the method: Les images suivantos o.it 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film§, et en conformity avec les conditions du contrat de filmage. Les exe^'• HALIFAX, N.S. ) f i PREFACE. The writer of this Memoir had occassion> while rep- paring a History of the County of Colchester, t riako some rather minute investigations into the circumstances connected with the first settlement of Truro — and its pro- gress as it developed from a straggling hamlet in the wilderness, to the thriving and bustling town which it is at this day. In do'ng so, he was struck with the promin- ent part taken in its affairs by the members of one family, a family which has been connected with the town from its earliest history. Four generations of this family in lineal descent have been members of the Nova Scotian Assembly. The subject of our memoir, his father, his grandfather, and his eldest son have sat in the Assembly as representatives of the people. We doubt if the same can be said of any other Nova Scotian family. Other sons of the same gentleman, have occupied distinguised positions outside the Province. One, who died in 1876, was, at the time of his death, a Judge in the High Court of Justice in England. Another, who still lives, is Consul General for Great Britain in the United States of America. Of each of these sons we published some account* about a year ago. At the time we intended to complete the series by a memoir of their father, which we hoped to be able to prepare shortly afterwards. We soon found VI PREFACE. however, thut a biography of the f:\thcr was a very dif- lorent task from that of cither of the sons. In prepariPi^ the previous slvetches, we had to relate events mainly of a ])ersoral or professional character — to tell of the i:)ro- i^ress of two able men on their way to distinction in different countries till they rose, one in the Metropolis of the Old World, to be a Judge in the Queen's Bench ; the other, in the Metropolis of the New World, to fill ono of the most arduous posts in the Imperial service — and to till it in a way to elicit the marked approval of tlie Sove- reign. There was another broad distinction between the former work and that in which wo have since engaged. Then, we had to deal with events of com])aratively recent date, and of which abundant records remained. But u memoir of the father takes us back to a period, and to events, comparatively unknown or forgotten. The mater- ials for such a task are difficult of access. They are scatteied indifferent places. Living memory rloes not go back to the early, or even to the middle, period of his life. Tradition, as is usual, has blended much of fiction with a small amount of fact. This rendered it all the more necessary to use care, and to spend time, in search- ing for the truth. When we first thought of the work, we had little time at command. Ilowever, by devoting the spare hours of a not idle year, to this service, wo have been able to gather a considerable body of materials, which we have endeavoured to throw into shape. If wo liad bad more leisure, we should have been able perhaps PREFACE. VI I to make our littlo book more prosontable, but wo would fondly ]iopo that even in the imperfect whape in which it now ai)i)earH, it will not bo without interest iu tho eyes of our fellow countrymen. Should it bo otherwise, the blame must rest on us. If it Tails to Interest, tho fault is in the treatment, not in the subject. Whatever be the reception accorded to our effort, we may say that it has been our steady aim throughout to deal fairly and im])ar- tially with the memory of one of Nova Scotia's most gifted sons. Trui'O; April 23rd., 1881. THE AUTHOR. CONTENTS. CHAPTER I. FROM BIRTH IN 1777 TO ELECTION TO ASSEMBLY IN l&OG, Description cf '^■'ruro in 1777. First settlement of the Brothers Archibald, l^avid the Grand-father. Samuel the Father. Death of Father. Stories of early life. Residtnce with Grand- father. Letter of introduction from liis sister Elizaleth Elliot to his cousin Mrs. Lamb. Her kindness. At School at Haver- hill and Andover. Intended Profession. Change. Study of lavv'. Marriage. Appointed Judge of Probate. Admitted to Bar. Elected to Assembly. 1—10 CHAPTER II. Politics in 1806. Sir. John Wentworth. Williara C( t*TJ»m Tonge elected Speaker and rejected. Mr. Wilkint bocomti Speaker. Mr. Archibald's first motion in the Assembly. Take* charg.:* of Iload Qu ions. Religion in 1806. Kings College. Ciuke'i Test Clauses. Controrersr between two Bishop». Mr. McCullochinterTcnes. Ho keeps a school. What followed, il— 20 CHAPTER III. 1817 to 1825. Mr. Archibald an an Advocate. King vs. Sawers. land. King vs. Forrester. , - . - Kingt's. Ilol- 21—38 . CHAPTER iV. Interest m Agriculture. Manufacturing Operations. Visit to England. Appointed Chief Justice of F. E. I. Visits the Island. Address of Grand Inquest. Dinner at Pictou. Dinner and ad- dress at Truro. Made Solicitor General in place of Mr. Robie promoted. Chosen Speaker. Election of 1826. Again chosen Speaker. Non-residence in P. E. I. Aims at Chief Justiceship of N. S. Claims of different candidates. Changes impending. Groundii of Blowers' retention of office. Sir Peregrine Mait- land's perplexities. Correspondence with Sir John Coape Sher- brooke. The misdirected letter. 89—54 CONTENTS. CHAPTER V. The Brandy Question. Death ol George IV. Diseolution of the Houae. 65—88 CHAPTEPv VI. President reports to Colonial Minister. Speaker does same. President writes to Under Secretary of C'^lonies. Reply. Mr. Archibald declines Judgeship. Council's friends disappointed with Mr. Archibald's course. Reasons assigned. Curious let- ter in the Free Press. Conjectures as to its authorship. Dis- section of letter. Consideration of reasons assigned by letter writer. 89—97 CHAPTEEYII. Election of 1830. Candidates. Mr. Archibald's speech at Truro. Meeting of House. Death of Attorney General Uniacke. Of- fice kept open. Passage of Revenue Bill. Lord Goderich's Despatch. Mission of Judge Halliburton to England. Mr. Archibald appointed acting Attorney General. Visits England. Judge Halliburton's and Mr. i\rchibald's race in England. Attentions in England. Marquis of Lansdown's offer. Rejected. Lord Goderich proposes changes in Judiciary. House refuse. Lord Goderich to Administrator, Conclusion of question of Chief Justiceship. Correspondence thereon. Remarks on mode of day for obtaining promotioi. Reaction after 1830. State of public opinion in 1835 and '36. Joe Warner's Letters. General Election of 1836, Mr. Logan's candidacy. Mr. Archibald's speeches at Truro. Returned to Assembly. IS — 120 CHAPTER VIII. Curious results of Election. General effect of same. Disappeai - ance of old members. First appearance of new men afterwards attaining eminence. Re-elected Spjaker^ Illness. Mr. Smith appointed Speaker temporarily. F-iilure of crops in 1836. Mr. Dodd brings a Bill before the House to keep grain and potatoes in the Province. Mr. Archibald's speech in its favor. Mr. Young opposes the measure. His death. Resolutions transmit- ted to England. Reply. Rebellion m Lower Canada. Troops sent from Halifax to Montreal. Public Meeting at Halifax. Resolutions for relief of Soldiers' families. Patriotii; speech of Mr. Archibald. Mr. Howo's vindicatioxi of the loy^ilty of the Liberals of Nova Scotia. Meeting of House in 1838. Appoint- ment of Lord Durham as Lord High Commissioner and Gover- nor General of British North America. , His Report on the ait- CONTENTS. XI nation of the Provincos. An act of his administration attackcl in the Lords by Lords Brougham and Lyndhurst. The Ministry disallow the ordinances complained of. Lord Durham's hasty return to England. Lord John Ilussel becomes Colonial Sec- retary. Mr. C. Poulett Thompson appointed Governor General. Resolutions of 1839. Delegates sent by House to England. Met by Council's Delegates. Lord John Russell's despatch of IGth October, 1839, as to tenure of Office. Additions to Exe- cutive Council from Assembly. Vote of want of Confidence in Government. Resignation of lion. J. B. Uniacke. Subsequent action of House. Vote against Sir Colin Campbell. Mr. Arch- ibald' ^ views on that vote. The Governor General at Halifax. Lord Falkland becomes Governor of Nova Scotia. New ap- pointments to Council. Election of 1840. Mr. Archibald re- turned for Colchester without opposition. 121 — 149 CHAPTER IX. New Speaker. Reasons for Mr. Archibalds disqualification. Other Candidates equally disqualified. Two members of same Government contending for Speakership. Mr. Uniacke a mem- ber of Government moves resolution touching repcvd of Union with Cape Breton. Resolution complimentary to Mr. Archibald adopted unanimously. Olfered offices of Master of Rolls and Judge of Admiralty Court. Accepta. Mr. Archibald as Judge. Address at Truro. His Country seat. His habits at Truro. Hospitality. His Humour. 150 — 159 CHAPTER X, Success as a Judge. Failing health. Death. Meeting of Bar Society. Speech of Chief Justice. Address of Condolence. Meeting of Colchester people on his death. Eulogium of Mr. Howe. Examination of charges against Mr. Archibald as a public man. Mr. Howes views upon them. Mr Archibald in his social relations. Death of his first wife. Account of his second wife. Sir Charles Pollack and Sir T. D. Archibald. Mr. Archibald's love for the sacred Scriptures. Anecdote relat- ed by Key. Mr. Morton. Thoughts of writer in concluding Memoir. 16©— 179 I'f llli I i ■■■*■ LIFE OF S. G. W. ARCHIBALD. CIIAPTKIJ r. niOM EIKTII IN 1777 TO ELECTION TO ASSEMBLY IN 18U(5. Description of Truro in 1777. First settle lucnt of tlio Brothers Arcliibald. David tlio Graiui-fiitluT. Saimul the Father. J)ialh of Father. Stories of early liti-. IJesiilence with Grantl- tatlier. Letter of introduction from his sister Elizaheth Elliot to his cousin Mrs. Liiiiil). Her kindness. At School at Ilaver- liill and Andover. Intended rrofe-^sion. Cliange. Study of law. ]Marria}j;e. Aiipointed Judge of Probate. Adiuitted to Bar. Elected to Assembly. Tlic Town of'Tnii-o, (oi-, as it might be cullctl in refof- cncc to the time when the.siihject of'our memoir was boni there, the settlement of Tnii'o,) has iea>on to bo proud ofhavino; mvcn birth to Samuel Georo-e William Archi- bald. He was a man who m his day tilled an intinito variety of })arts, and tilled them all with eredit. lie had j^reat and versatile talents. In any (.'ountry, he would liave attained distinction; in his own, ho rose, step by stepj lill he had tilled in turn almost every olHeo in the Pro< vince, which could be held by a lawyer or a ])oIiticiai> He slione in social, as in professional and political life, He charmed every body l)y the amenity and courtesy o| Ins manner. His kindness of heart, his vivacity and good humour, diffused pleasure wherever he appeared. His keen sense of the ridiculous extracted endless amusement from the dullest of incidents. In the wittiest and most S LIFE OF jljij brilliaDt circles, he was himBelf the wittiest and most l)rilliaDt of the party. Surely a man of such accomplishments must have started in life with many adventitious aids; he must j have enjoyed a superior education; he must have formed his manners in high social circles; he must liave 8hai*pened his wit and refined his taste by early association with men of culture and ability. Lot us look at the facts. When Mr. Archibald was born, Truro was a straggling village on the banks of the Salmon River. Barely seventeen years had passed since the first English settler had set foot in it. The original forest was still standing, except where a few small clear- ings around the houses showed an inconsiderable en- croachment on the wilderness. Log fences lined high- ways, on which stumps of the original trees could be seen, and, near where the Salmon River is now bridged, the fiettlors crossed it in a log canoe. The inhabitants, to be sure, were intelligent and respectable. The race had come originally from Scotland, and had been since the reign of William 3rd, settled in the north of Ireland. The neviT settlers retained and brought with them the creed and the virtues derived from their Scotch ancestry. They were fairly instructed in the elementary branches of learning, and they strove to maintain, in the second country of their adoption, the principles and habits which had distinguished them in the first. They were a pious and God-fearing people,» industrious and honest, but more noted for force of character than for polish or refinement. Among such a people, and with such sur- roundings, the subject of our memoir was born on the fifth day of February, ITYT. Four brothers of the name of Archibald were among 8. G. W. ARCJ^ALD. I the &,Tfit «ettlex;8 of Trarp. They were the ftnceetcn^ sf men of that nftme now sc&tterad oyer Novii Sco.tia m^ the neighbouring Provinces and States. The/ arrived in Tmro in the autumn of 1762. Davicl Archibald, tl^» eldest of the four, was the leading mind in the naiir settlement. Immediately on his arrival, he was made ^ Justice of the Peace and Major of Militia. Truro, tjtie© settled by fifty families, was entitled to eend a Member to the Assembly. David Archibald wao returned as the first Eepresontative. Samuel, the eldest son of David, was born in liondcci' derry, in Ireland. He accompanied his father and under, when they came to Truro, and was then twenty years cf Age. He had received a fair education, was a gocid speaker and writer, and an active man of business. 7J!e had many of the peculiarities of appearance and manner which distinguished his son, the subject of our memoij*. In ntS, Samuel Archibald was returned as repre- entative for Truro, and two years aftei-wards again re- turned for a second term. He was member for Truro at the time of his death, which took place on the fifteenth day of February, 1180. He was engaged in business as a purchaser asd shipper of lumber. On the 13th December, 1*J*19, be left Passamaquaddy, in the Schooner Zephion, Jonathan Ing- ersoll Master, with a cargo of lumber, tho property of himself, Lis brother Thomas, and Doctor .John Harris of Truro, on a voyage to Bermuda. This was before the close of the war with the Old Colonies. On the voyi^ge, while off Be^-muda, the ship and cargo were seized as American property by a British Privateer, "The Ad- miral Barrington," Chai'les Sloane Commander, and c^i»- ried into Nevis, one of the Xieewai-d Islai^ds. There t&e (;l li H i^ 4 . • LIFE OF ship and cargo wcro libelled in the Admiralty Court. A defence witS put in. Eventually the Court ordered the property to be restored to the owners, but so far as Mr.. Archibald was concerned the decree came too late. He had been seized with fever on his arrival, and diod the veiy day after the Decree had passed ordering restora- tign. of the property. Thomas Arc]iil)!ild, another of the part owners, left Nova Scotia some time subsequently to look after the property, but was never heard of again. Nothing was fever received from ship or cargo. This sad event left the fanily, which consisted of a widow and five children, in great difficulties. The eldest of the children was then under ten years of age. Samuel George William, the third son, was about three years old. The family continued to live with their mother on the old homestead, known as the Town's end farm on Salmon River, the title of which was in David, father of deceased. In 1783, the widow married John McKecn, Esq., and shortly afterwards removed with h'.m to St. Marys. Thenceforth little Sammy, as he was cal- led, lived with his grandfather till he was fifteen years old. During this ])eriod his exuberant spirits and g^;eat love; of fun and frolic, distinguished him among the boys of the place, as the merriest and most mischievous of the lot. . In Ti'uro and the neighborhood, numerous stories ar? in circulation of pranks played by him in early youth. Many of these no doubt are fabulous, but like most Inyths, they have some foundation in fact. It is said that when he was about twelve years old, his grandfather gave him, on some special occasion, a new horiespun jacket as a present, with particular injunctions to be care- fiil of it, and to keep it clean. Sammy was dolighted S. G. W. ABC RIBALD. 5 witli the jacket, but hiwing a fancy to see how it woul(J look on his big dog, he caught the animal and putting his forcpaws through the sUevos, he buttoned the jacket over the dog's back, and then stood off to admire him. The dog however, not liking the operation, made for the door, and ran into a field froia which potatoes had just been dug, and which was then very wet. Ho rushed about trying to get rid of his garment, but without success. Ai last he was captured, but the jacket was saturated with mud and dirt, and little Sammy probably received from his grand-father what ho well deserved for the pi-ank. Another story told of him is, that he tried to put a pig into a mill race, to see whether the animal could swim, but that, missing his footing, ho went in himself, and was can-ied down the race, and passed over the wheel into the stream, below, not very much hurt but a good deal frightened. There must have been some foundation for this story. He was often chaffed about it in after life. He was told that he ought to be better than the rest of his family, inasmuch as he had been ground over again. On one occasion on the hustings, he said himself jokingly in reference to some complaint made against him, ' You knew, David, I have been through the Mill." " Yes, Sammy," was the reply, " but there is bran in you yet." Ajiother story of his early propensity to mischief has reference to the profession of which he was after- wa'ixis to be a distinguished orn.T ent. The Court Eoom at 7i'ruro waft ceiled with boarUb overhead. There wa« an old lawyer then in practice there, who was no favorite with the boys. He was surly in temper and not always f,ober. When he addressed the Court he stood on a par- Mt^ OS ^ftrfrnot' in front of the Jndge. Just ov^- his head^ in the loft, om* youth had bored a gimlet hole in the ceil- ing. This he stopped with a peg, and round the peg piled iOme very find sand. He had ari-anged with a confede- rate, to be informed by digns when the lawyer rose to itpieak. Oh receiving the signal he pulled the peg, and forthwith a gentle shower of fine sand descended through iSie hole. So soon es it lighted on the laid head beneath, the peg was replaced, and there was nothing to show the source of the descending shower. Again and again, when- ever the speech was begun, the peg was withdrawn, and the sand descended from an invisible point. The aston- ished advocate, when he felt the sand, would look up, but could see nothing but the mist of the descending shower. At length the old man could stand it no longer. He left his client and his cause, and took refuge in a tavern in the neighborhood. There he resorted to his usual consolation in time of trouble. On another occasion little Sammy nearly scared his grand-mother out of her wits, by setting her spinning- wheel in motion from the cellar, by a horse hair attach- ment through a hole in the floor. We will not vouch for the truth of any or either of these stories. They are hardly worthy, even if true, of being inserted in a biography, but they show the irre- pressible love of fun and merriment which distinguished the subject of our memoir from his boyhoc;i. A steady flow of spirits enabled him, all through life, to mingle work with play. By the different currents^ thus given to his thoughts, he relieved the cares and anxieties of life, and was enabled to perform more and bettor work, than if his mind had always been kept running in the same gi'oove. m S G, W. ARCHIBALD. It is ft sulyoct ot marvel that a boy, with such a spirit of mischief, did not get iuto serious scrapes. H© was saved from such a result by his strong common sense^ a quality which distinguished him through life, a quality not always combined with great wit and humor. Ho never carried his mischief beyond a certain point. The boy's early days, passed under his grandfather's roof, were probably not altogether wasted. Thare were schools, such as they were, in those days. The new sett- lers, fairly instructed in youth in the common branches, spared no pains to establish such schools as the condition of the country permitted. As regards religious educa* tion, they had hardly reached their new homo before the^^ made preparations to secure the sacred privileges enjoyed by them in the Old World. In six years from the day ol their arrival, they had erected a Meeting House, the frame of which was of such dimensions that it could be raised only by tho united efforts of every grown person in the jilace, men and women. Two years latei* they for- warded a call to the Kcv. Daniel Cock, a Presbyterian Minister, then settled in Greenock. Ho had accepted the call, and been settled in Truro some live years before the birth of Mr, Archibald. His influence would be felt in the schools. The education of youth is a matter which every Scotch Minister considers of special importance^ Be that as it may, any person who ha.s listened to the speeches or rcjul the compositions of Mr. Archibald in after life, cannot fail to perceive evidences of early cul- ture, in the style and character of his language. Still the education which could have been procui-ed in Nova Scotia, a century ago, could not have been of a veiy su- perior kind. We had then neither Colleges nor High. Schools. 8 LIFE OF Elizabeth Elliot, tho oldcwt (laughter of the (leccaHed Samuel Arehihahl, seoiiis to have boon a woman of much force of character. She had, aftei* the second marriage of her mother, constituted lierself in a special manner tlie guardian of her youngest bi-other. It was by her advice, and vntli the assistance she was able to ])i'ocuro from friends and relatives, that he was sent to tho Unite ter. He was taken into the family of his cousin and treated in all respects as one of themselves. He attended tho Academy at Haverhill, Massachu- setts, for several years. From, there he went to Andover, then, as now, the site of an excellent Academy. It had S. G. W. AJirniBALD. 9 l)Ocn for many yoai-H in HUCcosKful o])erntion. and wuh in grout lopute in the Unitod Staten, and in the I'lovinces. While there, lie diligently improved his time by eloHO and constant nt'idv. lie returned to his home towards the cloHe of 17'.><», with a Honnd academical education, well qualitied to take his ])art, with creis Sovereign under Lawrence and Moncton, former Governoi-s, he had been rewarded hy the position of Naval Officer, bestowed on him by the Imperial Government in 1*773. lie had owned a fine estat-j in ihe County of Hants, on which he had ex- pended £3000, and upwards. He had been a member of the Assembly for over thirty years, and had been recom- mended by a late Governor to the Imperial Authorities as eminently qualified for a seat in the Council. On his death in 1792, William Cottnam Tonge, his son, succeeded to the estate. He was also appointed, by special manda- mus ft'om the Crown, to tlie position of Naval Officei*, held by his father, and was returned by his father's con- stituency. William Cottnam was in no respect his father's inferior. He was well educated, able, eloquent "1 s. G. w. auciiibald. J3 and enerjretic, and soon made Ids influence felt in the AyHcnibly, where he way found on all occayions, the advocate of liberal principles. His position, as a largo landed pi'oprietor,combined with his inde])endent opinions, nuKJe him the natural head of the Country party, and a prominent opponent of the policy of tho Governor and Council. Such was the influence, throughout the Pro- vince, acquired by his course in the Assembly, that when the election of 1790 took place, he was returned not only for Newi)orr, where he had particuhir influence, but also came in rt the head of the Poll for the County (/f Halifax, bringing with him as colleagues two country gentlemen, ]\Ir. Mortimer of Pictou and Mr. Fulton of Colchester, who wei'c of the same political sentiments with himself. This was the tirst breach in the monopoly of the repre- Hentation of the Metropolitan county, which had hitherto I>fen held by residents of the town of Halifax. It was further signalized by the defeat of Mr. Michael Wallace, u man of great influence and ability, who had he^d the county for twenty years, but who on this occasion, stood several hundred below Mr. Tongo on the Poll. Ho little liad the influence of property to do with the result, that Mr. Totifce had not real estate in the county enough to qualify lum as a member, and upon a petition he was un- seated for Halifax and relegated to his return for Newport. Mi\ Tonga had, in the last Session of the previous Hour \. been elected and confirmed as Speaker, Mr. Uniacke being in England on leave of absence. Such was the man whom Sir John rejected as unfit for the office of Speaker. His feelings towai-ds Mr. Tonge are shown in his oflScial correspondence, with his Sujjeriors in Eng- land. This is filled with statements and insinuations prejudicial to Mr. Torjge, and indicates intense dislike to that gentleman. Illl 1 1 U LIFE OF When Mr. Touge was presented a second time iov for approval «s Speaker it gave an opportunity which ^ir John could not forego, to humiliate him and dismiM him with a mai*k of disgrace. The Assembly retired to their chamber, but do not appear to have been in any hurry to comply with Sir. John's directions. That •da}"^, and the next pass over,and nothing is done; but on the third day they proceed to business and ^select, and present, another gentleman who is duly approved. Thereupon Sir John delivers his spee'^h which, of course, makes no allusion \ 'he incident touching , the Speakership. When how. • the House •came to answer the speech they could not refrain from -expressing in a short paragraph their feelings on the subject. They " lament the exercise by the Governor •of a branch of the prerogative, long unused in Great Britain, and without precedent in the Province." Well might they speak of it as they did. The only precedent for th^ rejection of a Speaker, from the earliest ages, is older than the Kevolution. There ivas indeed a curious coincidence between that case and the present. Charles the 2nd hated Sir Edward Seymoui* for much the same reason, and with much the same intensity, as Sir John Wentworth hated Cottnam Tonge, and both the English precedent, and the Nova Scotia precedent, would seem to have been prompted by the same motive ; a desire on the part of the superior to humiliate and mortify a suboixii* nate. The temper of the House was probably affected by Sir John's contemptuous rejection ot their choice. At all events, a few days afterwards, a curious entry appears on the Journals. On the ninth ot December the Clerk informed the House that Mr^ Willi ins, the new S. G. W. ABGHIBALD. 16 Speaker, hod been sttmmoned to attend a moetiog of tho Gi\ ernors of Kings College, and would not be able to be present till after the hour to which the House stood ad- journed. A House, of course, could not be formed in the absence of the Speaker. They were de facto adjourn- ed. Next day at ten o'clock the Speaker was in the chair. Mr. Archibald rose and offered two resolutions^ the first he had moved since his entry into the Assembly. One of these resolutions, which was carried unanimously, asserted, that it was the fiinat duty of the Speaker, and one to which every other duty should yield, to attend upon tho House. The second, (on which there was a div- ision) declared that a summons to tho Speaker to attend any other duty at a time when the House was sitting, with notice so short as to prevent his consult-, ing the House, was highly disrespectful to tho Assem- bly, and that, if it was done again, it would be tho duty of the Speaker not to attend, without the direction of the House. This resolution was carried by 18 to 12, after a debate of which we have no record. The pro- position set out in tho second resolution is so much a coiollary from the first, that it is difficult to see how any one, not denying the major proposition, could contro- vert the minor. Be that as it may, the stand taken by Ml'. Archibald on this occasion, shows his sense of the dignity of the House, and his determination to resist awy infringement of its rights. For the five years of that House, Mr. Archibald took tt conspicuous part in shaping its business. His name appears more and more prominent as the time goes by. He seems early to have assumed, as his own special department, the division of the money for roads and bridges. This was probably due, in some measure, to I I' l< III 16 LIFE OF iu his long reisiclcnco in tlio country, and his ini'matc ac- quuintanco with municipul bus^incsM, one considerable part of which is tho inriprovement of the hii;hwa3's. All his life, ho considered the road service a most important matter, and it was owing to his vigorous and steady ex- ertions, that the leading roads from ilalifax eastward were so much improved. These formerly I'an over the crest of every hdl, and were almost impassable by wheel- ed chri-iagcs. Under Mr. Ai'chibald's policy, they were graduall}' altered to moi-e level lines and jtut into travel- ling condilion, till, in the times immediately pi'eceding the railroad era, the main road from Halifax toPictou, which was the thoroughlarc to the Ea-^t, was a pattern highway. While a spirit so arbitrary in political matters as that which distinguished the first act of the session of 180G prevailed, a spirit equally intolerant was found in matters of religion. The members of the Government, with scarce an excejjtion, belonged to the Episcopal Church. That body had succeeded, in the first Session of the General Assembly held in 1758 inobtaiiung an act of the Legislature establishing their Church. A College was afterwards erected at Windsor, and an act obtained in 1789 endowing it with £400, a year, out of the Provincial funds. If the College had been open to all, this would have been u praiseworthy appropriation of money; but unhappily four fifths of the j^eople of Nova vScotia were excluded from its benefits, and insulted by its statutes. No pupil was allowed " to attend Mass, or the Meeting Houses of Presbyterians, Baptists or Methodists, or to be present at seditious or rebellious meetings." It only wanted the word " other" before the words " seditious or rebellious meetings" to express the exact meaning of the framei' of the Statute, but even without it, the religious meetings of W S. G. W. ARCIIIB^iJjD. Vt several denominations of Christiana, constituting four- fifths of the population of Nova Scotia, were in the same category with meetings for " sedition and rebellion," Is it to be wondered |at that these bodies did not care to rally round an Institution, which their sons could not enter without abandoning the religious obsei'vances in which they had been trained ? If indeed they could get over this obstacle, (and the experiment was tried in some cases) they hud to go a stop furf her before a degree could be obtained. It was not enough for a candidate to ignore his own creed. He was obliged to subscribe the thirty-nine Articles of the Church of England, in addition to three other articles passed by the Synod of London in 1003. AVhat the latter may be, is not very well understood, but it is no great matter. .Vny Roman Cuthol ic, Presbyterian , Baptist, or Methodist who could swallow thirty nine of the Articles would not likely strain at the other three. Without due consideration of the political and re- ligious atmosphere of the day, it would be impossible correctly to estimate the task that lay before the pro- fessors of liberal principles at the beginning of the Cen- tury. To be excluded from the highest social circles, t© be branded as seditious or disloyal, to bo subject to every impertinence and oppression which could be inflicted by men in authority, \pere only a part of the ''^nlignity and humiliation of those who spoke the words, or breathed the spirit, of free-born Englishmen. But intolerance^ when extreme, always produces reaction, and reaction, wai already beginning to show itself both in politics and re* ligion. There was a small cloud in the horizon, not big- ger than a mans hand, but it rose and spread till it cover- ed the whole sky. Id tracing the history of the subject of our mtmoir 18 LIFE OF ill we are following the growth and expansion of liberal principles in their earlier Ktages. We have already epoken of the breach of the Halifax monopoly of repre- sentation made by Cottnam Tonge in 1799. In tho election of 1806, the ground gained was not lost. Mn Archibald came in for Colchester, and Mr. Mortimer was again returned for Pictou. The other two members were Mr. Eobie, who had represented Truro in the previous session, and Mr, Lawson a Halifax merchant, a man of much liberality of sentiment. These four gentlemen formed the nucleus of a liberal party, which gradually grew more and more powerful in the Assembly. At the same time there was another element at work, •which contributed no small share to the growth of liberal feeling. About the time Mr. Archibald entered the Assembly, a controversy was goiiig on between two pre- lates on the matters in difference betAveen the Iloman Catholic and the Protestant faith. Bishop Inglis, the first of that name, had written a treatise which called forth a reply from Bishop Bourke, who was a man of great ability, thoroughly conversant with his subject. The Koman Catholic Prelate was more than a match for his Protestant antagonist, and was begining to plume himself on vic- tory, when suddenly there appeared a volume of some four hundred pages entitled '' Popery Condemned by Scrip- ture and the Fathers," Avhich fell on the community like a clap of thunder. It was AVTittcn with great ability, and displayed a wide knowledge of the writings of the early fathers. The wonder became greater, when it was dis- -covered that the author of the volume was a poor Pres- byterian Minister, preaching to a bod}^ of uneducated Highlanders, settlers on the shores of Pictou Harbour, who were just emerging from the bitterness of pov- ^ii!l S. G. W. ARCHIBALD. 19 orty through which they had been pfvssing since first they had landed in the wilderncHs there, some twenty years before The Rev. Mi*. McColloch, afterwards well known iis Doctor McCulloch, had, some five years before the ap- pearance of his Book, arrived at Pictou in the Autumn of the year, on his way to Prince Edward Island, whither he was travelling, with a view to become Minister of a Congi'cgation that had given him a call. The season, at the time of his arrival at Pictou, was so far advanced that he could not proceed further that fall, and this accidental detention in Nova Scotia during the winter caused a change of purjiose, the etfects of which will be long felt in this Province. Mr. McCulloch's book was promptly met by a reply from Bishop Burke. This brought out as a rcjoindei', ^'Popery again condemned", which gave still further assurance of the learning and ability of the poor Scotch Minister at Pictou Harbour. If he had not been poor, as well as learned and able, his detention at Pictou might not have affected so materially the future of the Province, but, driven to supplement by his own exertions, out of the ])ulpit, the scanty salary his people were able to pay him, he commenced teaching a school at Pictou. Grad- ually his views expanded, till ho began to conceive the project of an educational institution for the youth of the dissenting bodies, and, if legislativeaid could be procured out of the common fund for the College of one fifth of the population, surely there could be no objection, ho thought, to a similar endowment to a College for the other four fifths. In the popular branch the api)eal was irresistible. Not 80 in the Council. There the battle was fought, year by year, for fifteen long years, and i"^^ was in this M r H it '^ 20 LTFE 01 fight largely that the representative branch learned to appreciate its rights and privileges. Some members of the Council, themselves Churchmen, had the liberality to espouse the side of the people, and the sagacity to fore-see that the only wa}'^ to calm the rising spirit, was to yield to it gracefully, before it acquired such violence and force as would not only attain the immediate object, but would sweep away in its current the power of tho political body which obstructed its passage. Some of the best speeches in the Assembly for this long period, were on the subject of the Academy, tho legislation on which was made to assume every variety of form, to meet the forces arrayed against it. Votes for its support were over and over again passed by tho House, and rejected "''' ' by the Council. Sometimes tho vote passed the House unanimously and was still ignominiously rejected, till at length the Homo Government had to interfere and administer a pointe ' rebuke to the Council, who at last yielded to fear, what they had refused to policy, and granted an endowment for ten years, under the dread, that unless they did so, a worse thing might befall them. From the first appearance of this question before tho Assembly, to the passage of the Bill which put an end to the agitation, Mr. Archibald took charge of the matter in the Assembly, and was the constant and unflinching friend of the Institution. The speeches he made upon it are almost innumerable, and, from beginning to end, he had the satisfactiou of carrying with him on every oc- casion tlse great body of the representatives of the people. The discussions on this subject prepared the publio mind for the stand afterwards taken by the Assem- bly in 1830, anf*. paved the way for the still further changes in tho constitution of the Country which follow- ed th« action of the House in 1837. I\ CHAPTER III. 1817 to 1825. Mr. Archibald as an Advocate. King vs Sawers. land. King va Forrester. King yg Hoi- Wo havo treated the suhjoct of the Pictou Academy without reference to chronological order. The final settlement of this question did not take place till 1831. We shall now go back to a much earlier period and give some account of Mr. Archibald's professional work. His position in the Assembly seems not to havo interfered, as it would in our days, with his practice at the Bar. Ho appears to have leaped at once into an extensive busi- ness, which he continued to hold, notwithstanding the demands upon his time exacted by Legislative and other •duties. Ho had a large amount of office work, a class of business which a colonial lawyer always aims at, as tho most lucrative branch of his profession. But his services were specially in demand on the trial of causes in Court. His name appears in almost every case of any import- ance reported, or referred to, in the Journals of tho day. After twelve years practice of his profession ho was in 1811 appointed Kings Counsel. That office, at the time we are speaking of, was a mark of distinction. The Bar of tho day consisted of thirty two members, while at tho time of Mr. Archibald's appointment there was not a single Kings Counsel except the Attorney and Solicitor General. In 1818 he acted as Surrogate General in the Admir- alty, and gave Judgement in several cases then pending. Some idea of the style of his forensic addresses may be formed from the reports of contemporaoeous news- ") 1 M 22 LIFE OF papers. These, to be sure, are meagre and irriperfect; but fciiough may bo gathered from them to show his skill in adapting his address to the case in hand, and to ac- count in some measure for his great success with the Jurj. We shall select as specimens a few of the cases in which he was engaged. In 1819 he was retained for the defence in The King versus Sawers — an Indictment for assault and Battery. It was preferred by Dr. Hoffman against W. Q. Sawers, a well known lawyer, afterwards Judge of the Court of Common Pleas. The case originated in a quarrel be- tween two respectable medical men, Avhose families are Btill represented in Halifax. Dr. Hoffman was a German by birth, a native of Trieste. He was regularly educated for the profession, and had served in the British navy. Ho afterwards came to Halifax, where he married a Miss Mansfield, and settled down to the practice of his profession. His temper was somewhat uncertain, his knowledge of Eng- lish very limited. It used to be said of him, that he had forgotten his mother tongue and never learned any other. His case against Sawers depended largely on his own testimony, which was given in a mixture of dialects that afforded much amusement to the bystanders. Dr. Stirling was also a retired Surgeon of the Navy, by birth a Scotchman. He was well acquainted with his profession, a man of good general attainments and of respectable standing in society. The quarrel began with a newspaper communication which was charged on Dr. Hoffman. It seems that on the day in question, there had been a conflict between the two Doctors in the streets, but they had been separated, and the assault by Sawers, now complained of, occurred ii:j!;i: S. G. W. ARCHIBALD. 23 later in the day. On Hoffman's examination, the defonco naturally wJHhed tojiret at the details of the first encount- er, but the witness would not answer any (juostions on that point, and his rotusal was sustained by the Court, The assault complained of was alleged to liavo been made by the defendant u])on the Prosecutor, while he and Dr. Stirling were brandishing sticks at each other. The de- fence was that Mr. Sawers, seeing the two Doctors tight- ing, interfered to separate them and keep the peace. When the case had been closed upon the part of tho Crown, Mr. Archibald went to the Jury. After somo preliminary observations ho said "The Prosecutor had declined to give an account of what took place on tho fifth November. He commmenced his narrative at ono o'clock, when he states, he was informed ihat the defend- ant and Dr. Stirling had determined to attack him, but ho would ask why had they determined to attack him, or why was Dr. Hoffman apprehensive of it? On this point the Jury would perceive, he declined to give any information. They would also perceive that when ques- tions were pressed more closely, the prosecutor refused to answer. The reason is obvious, because it would have disclosed the transactions of the day ; the real cause of all the evil that hajipened to him." jjc :}c ^iJ 5fc :}c 5ic Jj; 5}c >;: " From the evidence it appeared that tlie prosecutor was endeavouring to commit acts of violence against tho defendant previous to the occurrence of the circumstances of which he complained. It was in his opinion necessary to relieve the minds of the Jury from the difficulty under which they must labor if no other evidence was offered them than what they had just heard. Could they imagine what induced the prosecutor to apprehend a breach of the 4- 11 24 LIFE OF i h I I t 111, I. peace on the part of Dr. Stirling? WaH it merely that ho Haw liiru in tlio .street and was afraid of venturing out? Were the Jury to fonsider tlie profcHnion in this state of hostility to each other that one Doctor caiuujt safely ven- ture upon the street if another is present? "What in the ahsence of all evidence were they to conclude? Js it from the general peace of the world, that they weio to conjecture the death of Mars without issue ; and tliat his wca])ons and armour had, by some unkr ^wn law of in- heritance, descended to the children of Esculapiuw? No, ho would unfold to them the mystery." The learned (Counsel then proceeded to state the attack made by Y)v. Holl'man upon Dr. Stirling a few hours before the present circumstances occurred, and painted in strong colors the impropriety of the conduct of the prosecutor, and of one v'aliban, whom he styled his armour bearer, who had carried the whip with which the " prosecutor had attenii)tcd to chastise in the i)ublic street, a man not inferior to him in any jwint, either in education or respectability, in the community, He however was prevented, by the interference of persons who were pre- sent, and prudently retreated to the house of Mr. Mans- field, where the pi'osecutor stated he was called in his professional capacity to attend on one of the family. Ho however was satisfied that the prosecutor had not been attending in his professional line, as stated by him, but that he had commenced the day with a disposition to shed blood, and, having been foiled in his first attempt, he could not remain contented till he had stuck his lancet into one of the Mansfields." The Counsel then proceeded to state that Dr. Stirling had called upon Mr. Sawers in the meantime, and had informed him of what had taken place, and asked him to become his second, from which ,il ir S. a. W, AIlCniBALP. 26 determination Mr. SawcrH had disHua ^* *J* *J^ «^ ^^ He next adverted to the words of tlie indictment which stateil the j)rosecutor to bo in the peace of God and our Loi-d the King, and after what Imd appeared " could the jury di"tiw aay conclusion that the prosecutor was cultivating those dispositions which descend from above and load to tho peace of mankind ? Did it not rather seem that ho v as under tho influence of those evil propensities which 'irino from tho pit of darkness and overwhelm tho children of disobedience ?" The piosocuti(m ended in a verdict of not guilty which would seem to ha\'e boon hardly justified by tho facts given in evidence. "When Mr. A)chibald, in the course of this address alluded to the proposition from which Mr. Sawers had dissuaded Dr. Stirling, and used the words * without any absence of honorable feeling', ho gives a glimpse of tho ton© of sentiment on tho subject of hostile meetings which prevailed in Halifax sixty years ago. Little did he then imagine, that before six nionths would pass over his head ho would bo called upon to vindicate the law of tho land, in respect of a fatal event produced by the observance of 26 LIFE OF m this unwritten Code, — to prosecute a gentleman of his own profesHion, a friend and companion, a man of iiigh principle and unimpeachable character, of elevated rank in society, the Bon of an A.ttorney General, himself at one time an Attorney General, but who in blind obedience to this law of Honor had accepted a challenge from a Mr. Bowie, a merchant of Halifax. The duel took place in the neighbourhood of what is now Eichmond Station and Mr. Bowie fell. The surviving combatant was brought to trial, but fortunately for him, i-egard to the code of honor extended to every order of society, and was shared alike by Bench, by Bar and by Jury. Though acquitted, the accused felt the shadow of the S£id event resting on him all through life. We shall not dwell on the speech made by Mr. Archibald on this painful occasion, but rather hasten away to speak of another case,which gave an opportunit3'" for the exercise of the lighter humouv, in which the sub- ject of our memoir preferred to indulge. We refer to the case of " Ward versus Holland" which was a civil action for damages for an assault. Mr. Kobie ajjpeared for the plaintiflP, Mr. Archibald for the dc ' ndant. Mr. Ward was the publisher of the Free-Press ; !Mi". Holland of the Recorder. Holland was stout and able, Ward puny and weak. Holland was a man of a reason- ably good temper, bnt sometimes his Dutch blood got the better of him. Ward was habitually snarling and sarcastic. The two papers took opposite sides, and the publishers exchanged compliments very freely. At last the war became co hot that Holland threatened to cane Ward. The latter, hearing of the threat armed himself with a stick and prepared for defence. One day the IlilSH. S. G. W. ARCHIBALD, 27 parties met near the Scotch Church. In an instant "Ward was down, with Holland's knee on his chest and his hand clutching his throat. Bystanders interfered, the victor was removed, and the prostiate man re'jascd. Forth- with Ward brought an action for the assault. The case was tried by a special Jury. It was easily proved. In- deed it would admit of no contradiction, and all that could be done, was to laugh it out of Coiu't, if possible. To understand one of the allusions in the Speech, it is necessary to premise, that Mr. Holland, who was a man of enterj^riso, had built a mill on the shore of the Basin, and was in the habit of manufacturing the paper he used for the Eecorder.* Mi\ Archibald in addressing the Jury on the defence stated that he would call attention to the facts testified in the case, and also to the situation of the parties; when he was satisfied they would be of opinion with him that this cause was unworthy of the notice of a special Jury. " Had this been a contest upon a Bill of Exchange or a policy of Insurance, the aid of a special jury would have been requii'ed — but it was neither. It was only a quarrel between two printers. Had there been any serious trans- gression of the liberty of the subject, or of the public peace, unprovoked, he would be as strenuous as any man to punish the aggressor ; but, gentlemen, there are cases in which a jury will not visit a party transgressing the strict injunctions of the law with exemplary damages; if these are to operate to the > benefit of him who first pro- voked, and would profit by, the tj*ansaction. Ho would call their attention to the situation of these parties. It ii certained to b« Mr. Archibald himielf. jt. V' so LIFE OF m m I t 'I, him a chastisement in the public square with a horsewhip, which ho took very quietly, having brought upon himself. This sport, gentlemen, was of all things what he delighted in, and now was the time lo bring out Philip Holland. Philip had already about as much as he could well bear; he was, in fact, like the cylinder of a steam engine, charged to tho full height, when out came the last offen- sive paragraph — and he exploded. All his safety valves could not save him — and the dreadful explosion, in its full force, fell ujion the head of joor Mr. Ward. Gentlemen, this vian of straw raised his magic hand — and the printer of the " Free Press" fell prostrate before him, and; with him, all the high blown hopes of his learned Editors." The learned counsel next jiroceeded to state that ho was prepared, from the plaintiff's declaration and the statement of his counsel, to have heard a tremendous rela- tion ; '' but, gentlemen, so far as proof goes, Mr. Ward arose again with every drop of blood and every inch of skin he had when he fell ; whereas had Philip Holland been so disposed, he might have put his foot upon him and extinguished him forever ! He was prepared to have heard that his body was as black as his types ; but such, gentlemen, has not been shown to have been the case ; he has not proved that there was either scar or scratch upon him ; and last of all he has had Mr. Holland fined in 40s. by a Justice, for the breach of the peace ; therefore all the mischief done to the public peace has been cured by the fine. Gentlemen, whom has Mr. Ward to blamo for all this ? Most certainly himself It is the man who seeks strife that finds it, and he would advise him to read the writings of Solomon in this particular, who was un- doubtedly as wise as Mr. Ward and all his Editors togeth- er, and there ho will find the infallible consequenct^s of S, a. W. ARCHIBALD. 31 the lino of conduct he has pursued. 'As certainly as tho