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Tous les autres exemplaires originaux sont film^s en commengant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole -♦' signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 32X 1 2 3 4 5 6 THEt (' \ N A D * V^MujZ^ DNDON Lawyer. / A BIOGRAPHICAL SKETCH OF ELIAS HARDY, Counsellor-at-Law at Saint John, N. B., A. D. 1784-1798, VVITK Some Account of the Incidents IN Which he Figured. BY Rev. W. O, Raymond, M. A., President of the New Brunswick Historical Society. 1894 THE LONDON LAWYER' Among those who fi^mred conspicuous- ly in public life during the early days of Saint John and of whom our local his- torians have preserved little more tliim the names, few were qnalitied by natural endowments to attain greater distinction than Hias Hardy. His death at a com- paratively early period, coupled witli tlie fact that no descendants remained in the province to hand down to future genera- tions the story of tlieir ancestor's life and services, will serve in a measure to ac- count for the fact that as far as he is con- cerned our provincial annals are almost a blank. It is difficult with the scanty materials available, to give more than an outline of the life of the subject of this sketch, but enough remains to show that St. John in all its history,possessedfew men of greater pron use. As a lawyer Elias Ilardy would have made his mark in his profession in any age or community. The public estimate of his ability is sutli- cientlj' indicated by the fact that from the time of the establishment of the courts in the ])r()vince until Hardy's death in the year IT'JS, his services were in constant requisition, and he was re- tained as counsel in nearly all the lead ing cases. He was fre(pi'>ntly pitted against suoii able lawyers as Jonathan Bliss, Ward Chipman and Thomas Wet- more, in all instances pleading tlie cause of his clients with marked al)ility and success. In addition to his talents as a sound counsel, he possessed oratorical gifts of a lugh order, and was particu- larly effective before a jury. Trailition has it that as' an all round lawyer Klias Hardy, among his con mu- poraries, knew no peer. The str lent will find abundant evidence of his indus- try and ability amongst the voluminous records of the court of chancery. Klias Hardy was tiie son of a non-con- formist clergyman. Hewas born at Farn- ham, in the county of Surrey, Kngland, in the year 17-14; was educated fortlie liar and admitted an attorney and solicitor in the courts at Westminster Hail The confinement iniMilent to this bnmcli of the profi'ssioii ]>r(»ved unc(mgeiiial to one of his active temi»erament, and !-eemeos- sessed much infiuence in their several communities. Having lost nearly all they possessed, they now intended to re- move to Nova Scotia, and desired that the same grants of land allowed in the case of field officers of tlie army might pass to each of tiiem, and that if i>ossi- iile the lands sUould be conveyed free from quit-rents and other incumfirances. The lands desired by the "55" peti- tioners were supjtosed to include the best anil most available locations along the St. John river, these lands being then, of cour.se, included within the bounds of Nova Scotia, Wlienthe terms of tiie petition were understood, there was much excitement not unmixed rtitii indignation, on the part of the general body of Loyalists re- maining in Now York, and a cojiy of the obi'oxious memorial forwarded to the settlers at the moutli of tlie river St. .lohn, cuuseii an equal degree of dissatis- faction in that locality. To counteract the design of Abijah Willartl and hia associates, a public . THE LONDON L.WVVEli. meetiiip; was held on Friday, tlie Mth day of August, at Koiibelet's tavern in Kew York, The SKntinioiits of those aasenil)k'd were voiced l)y Samuel Hake, P'-Has Hardy and others, and a coninuttee (;onsistintr of tlie gentlemen named with (.'apt. Henry Law and Tertnllus Dickenson, was ap- pointed to jirepare a memorial for presentation to Sir(hiy Carleton relative to the matter. The followiny notice in the columns of an old .N'ew York paper is of .special interest in this connexion: — Ni:w YnijK, Friday, Aufrnst Slli, ITS:!. The f-'fiitloiiioii wlioatti'iidfd this iincriionn nt tlie nict'liuji ol'tlu! Loyjiiists at Koiilia let's TaviTu arc licreliy iiitornicd tlial tin' iiiciiiorial Id tlic coiiuiiandi r-in-('lii<'l will lie left al llii- same iilacc I'dV llicir sij;niitlires at 10 o'clock loiiioirow moiiiini;. >,'.l!. It is caiiicslly iciiiicslcd, lliat all jx'i'sons who propose set I lim; in Nova Scotia Will c.'ill and peruse tlic said iii<'iii!)rial and sign It she ;ld it meet their approbation. The iOSponse to the invitation was hearty and immediate ar.il when the document was i)resenteil to Sir (iuy ('arletosition in the memorial allbrds strong ground for assuming it to have l)een in a liirge measure the production of ilardy, who wielded the pen of u ready writer. The memorial is (piite too int(>resting from a historic stantlpoint to be be passed by. It is therefore inserted in full: — 2'o ffix ExceUrnoii, Sir Guii CarJeton, Knujht 11/ the Mmtt /liDUiniiife Order of Ihr Ildth, (t'ciwrtd and Cummandcr in \ 'hirf, rtc, etc. ; — The memorial of the suhserihers luinihly shewelh: That your niemoriaists having been ileprived of very valuable landed estates and consideral)Ie personal properties witlionl thelines,and beiii« also obliired to iibaiulon their possession.s in this city, on account of tlu'ir loyally to their Rovereijin, and attachment to the Britisli eonsiltut ion, and seeint; no pros(>ect of their bciiiy; rein- stated, liad iletermmed to remove with tlieir families and set tie in his majesty's province of Nova Scotia, on the terms which ll\ty understood were held out ei|ually to all his majesty's jierseeuted snlijects. Tliat your memorialists are much alarmed at an ajinlication wlilch they lire infoi'med ,>") persons n;iv«' joined in to your excellency, solicilins a reeommendatioii for tracts of land in tliat province. amounting to^'etlier to 'J7.),iiO(l acres; and that they have dispatched au;eiilslo sur\'ey tlie uiilocated lands, and Kelect tlie most fertile spots and Ueslruhle situations. Tlial chat,Mined as your memorialists are at the manner in which the late ('j)ntest has been terminated and disai)pohite(! as they linil themselves, beini,' lel'l to the emity of t heir enemies on tin' dubious recommenda- tion of tlieir leaders. tlie.\- yet lioped to llnd .jm asylum under liritish protection, little suspecliiui there could he found amongst fellow sullerers, persons ungenerous enough to attempt enjirossinK to themselves so dis- liroporliuiiatu a share of what goveruiuent hasallotted lor llirir ronnuon heiK-flt, and sodittereiit from the original proposals. That your memorialists apprehernl some misrepresei'.ations have been used to pro- cuie such extraordinary recommendations, the aiiplications I'oi' which have lieen most studiously concealed, until now they boast its beins too late to prevent the ellect. Nor does it lessen your memorialists surprise to observe, t hat t lie persons concerned (severiil of wliotii are said to be froinjrto P.iitaiii) are iiiost of tlicni in easy circumstances, and witli some exceptions, more distintiuished by the repealed lavors of ^covernmenl than l>y cither the greatness of their suH'erlngs, or the importance of their services. Tliat your memorialists cannot but ref;(ir(l the fi rants in (|Ui'stion, if carried into ellect, as amount ui(; nearly to a total exclusion of themselves and families, who, if they be- come settlers, must either coiilont tlu'iii- selves Willi bsirren or remote lands or submit to be leiiants to those, most of whom they consider as their superiors in notliin« but ileeper art and keener iiollcy. Thus circuiu- staiiced, ^dur memorialists hiiml>!y implore redress from your excellency, and that iiuiuiry be made into their respective losses, services, situations and sulleriiifis; and if your me- morialisls should be found e(iually entitled to tlie favor and iirotection of government with the lormer applicants, that they ma> be all put upon an etjual footing; but should those I hat first applied be found, on a fair and candid inquiry more deserving than your memorialists, then your memorialists humbly reijuest that tlie local injr of their ex- tensivi' grants may at least be postponed un- til your memorialists have taken up some sirall portions as v ly be allotted to them. And your memoi.alisls as lu duty bound w'll ever iiray, etc. Tlie closing jiaragrapli of the above memorial reveals the distress to wh icli the unfortmuite Loyalists had been reduced by the ungenerous conduct of their fel- lows. In the oommuiiity at the mouth of the river St. John there was general uneasin« sh and ajiprehension. ^'ague and alarnung rumors tilled the air, fol- lowed by hostile demcjustrations against the government of Nova Scotia. Mur- doch in his History of Nova Scotia con- fesses his inability to understand the ground of this hostility, but a few moments consideration will throw light upon the subject. There Mere at this time some thousands of Jioyalists en- camped at the mouth of the St, John river all anxiously awaiting some delinite information with regard to their lands. These lands had been promised them in the king's name ere they left New York. The hope of speedily establishing them- selves in new homes (jn Jiritish soil was the beacon star that led them northward and eastward, J3ut land- ed in the Acadian wilderness thev found no ade(|uute preparations had been made for their coming. Con- gr(>g:'.ted in Inita and tents on the rocky hillsides weeks and months passed l>y in wliich preparations should have been tiil: r,o\i>(»N r,A\\vi:ii. made for th.e roming winter, and still they remained in helj)less iniu'tivity be- cause of the vexatious delay in allbtiug the lands. l)oul)tleHS the old serjeant was the siwkesnian of a lar^'e nundx-r of his fellows when he addressed to Ed- ward Winslow the words "We like the country only jrive us some {ilace we can call our own." The imjierfect and un- certain means of communication with the autliorities at Halifax served to in- crease the anxiety and perplexity of tiie })Oor victims of hope deferred. They were in no ])osition U) appreciate the of these removed to lands allotted them in the interior of the country, others renuiini'd as pernuvnent settU'rs at St. John, and others again discourag- ed by the outlook abanil(Mied tliecoun-' try. When the news of the attempt of the "Hfty-tive" associates to jvrocure for them- selves 270,000 acres of the best unapnro- l>riated lands on tlu; St. Jolni river ar- rived at Parr Tt)wn, mutlerings, as of a coming storm, were heard. In their in- dignation the Loyalists assumed that they were the victims both of deliberate neglect on the i>art of the Nova Scotia authorities and also of the cupiility of a small aristocratic cli(pie of self-soekers in their own ranks, with whose designs < Jovernor Parr was believed to be in sympathy. The hostile demonstrations which now broke out the governor vainly attempted to remedy by removing the ring leaders across the Bay of Fmidy. The governor's presence and i>er.soiial iuliueuce might have done something to restore trancpiility at the town which was named in his' honor but it does not ajijiear that lie ever visited that portion of his province that lay nortli of the peninsula. At this time an agreement was signed by 400 individuals to remove from St. John to Passanuiquodc'y where it was believed some good lands were still available. The firmness and decision of Sir Guy Carletoii did much to dispel the anxiety of the Loyalists at New York, for when FJias Hardy and liis friends waited ufion him with their memorial, they met with a most favorable reception. "His excel- lency informed them that from informa- tion'received within the last few days, he had reason to believe that no one person would obtain a larger grant of lands in NovaScotia than 1,000 acres. That thei)owerofissuiiig patents for lands there resided solely in the governor, to whom lie would immediately forward their memorial, which he ap])rehended would ariive before i)atents could be made out fvir the tract of land mentioned in it. It was his excellency's opinion no iicr.son should be aUowed to take up lands in Nova Scotia but those who meant to re- side there until the Loyalists were first served. Jn dismissing the committee Sir <'uy assured them he would do everytliing in liis jHiwer for the memor- ialists and believed that they would have no ('ause to coni})lain. One is surprised to lind anumg the famous "filty-tive''iictitioners the names of men who were afterwards closely and honorably identified with the early his- tory of New Pninswick and Nova Scoliii. In some instances, doubtless, their naiiH's were ai>peniled to the ])etitioii \\itliout a full understanding of nil that it involved. Among the signers were: William Camjibell, for L'O years mavor of the city of St. John; P>ar- tholemew Crannell, first clerk of the St. John I'ommon council; Ward Chipman lirst recorder of St.Juhn, after- wards judge of the supreme (;ourt and at the time of his decease, administrator 6 Tin: LoMjuN LAWVKIl of the povprnment of the inovinre; "WilHain Wuntoii, lirst collect or of cus- toiiiH at St. Jiihii; Ahijaii AVillard and Cliriritopiier J'.illojjp, iiicinliers of His Majesty's executive council for the i>ro- vince; James I'etern, ajrent for the set- tlement of the Loyalists and for muny vears a memlier fur tjiu'cns county; Harry I'eters ".nd Colin CamiihcU, nienduMS for t^ucens and Ciiarlotte counties re- spectively; TIkjuuis Kudx, dejuity coni- inissary to the dishanded troops and Loyalist settlers on the St. John, and sul)sequei;tlj i>rovince agent in J.ondon; Col. E. U. Lutwyche. i»rovince ajj;; nt in London, A. D., ISOS-ISL"); Thos Ilors- tield, an old St. John magistrate and first warden of Trinity church; John Savre, agent for the settlement of the I-.oyafist8 and aftewards first rector of INlaugerville; (ieorge I'anton, first rector of Shelhurne, and Charles Inglis, first hishop of ^'ova Scotia. The serious diiliculties which arose in procuring lands for the Loyalists who had chosen the St. John river as their place of settlement, were instrumental in bringing Elias Hardy to St. John. Large tracts of laud liad in former year.'' been taken up along the St. John and its tributaries, also at Passamaquod- dy and on the Petitcodiac, by a few in- dividuals, many of whom were non-resi- dents, and had made little or no attempt to comply with the conditions of their grants To obtain these lands the only method was by a tedious jirocess in the vourt of escheats. The delay occasioned by ex- isting circumstances was one of tlie prime causes of the clamor for a division of the provini'e. The inhabitants nortli of the isthums of (.'hignecto, contended not without reason, that a legislature in which they were practi' dly unrepresented, and law courts that were 100 miles and more away, were of no service in securing the immediate redress of their grievances. As an illustration of the satisfat'tion with which the people of New Brunswick regarded the establishment of law courts in the province it may 1)0 mentioned. Benjamin Marston, first slieritl of ]S'orthuml)erland, and a cousin of Judge Edward Winslow, writes in his diary under date February 1st, 1785: " "The supreme court of judicature opened this day for ye first time. The chie justice gave a very judicious, sensible charge to the grand jury. Tlie advan- tage of a dernier resort for justice in all civil and criminal cases will be very great to the people r f this new ])rovinre. 'I'hev will find a mighty odds between having Justice traveling regularly about them and being dbliged to cross the I'ay of Fuiidy and travel i;>(l miles to Hali- fax." The establishment of the province of New Brunswick was hailed witii extra- vagant delight by its inhabitants and the motto, '-siK'ni rednxit," choscMi lor the great seal of the province, had a duuMe significance to its founders. The arrival of (iovernor Carleton, in October, 17S4, was the occasion of a display of un- bounded enthusiasm, the secret (jf which lay (piite as much in the animus felt to- wards their late Nova Scotia rulers as in their attachment to the honored name of Carleton. The new governor was ad- dressed by the inhabitants who called themselves "a number of oppressed and insulted Lovalists," adding that they were formerly freemen and again hoped to be under his ausjiices. The clamor for lands however still oontinuoil and complaints against the agents ai)jiointed to superintend the set- tlement of the loyalists were not infre- quent. The more turbulent spirits bold- ly asserted that the agents did not exert themselves as they should to obtain lands necessary for their a(;commoda- tion. Smarting at the injustice they had I'eceived from their fellow countrymen who had confiscated their lands' and banished them from their old homes they claimed that the lands of all the old inhabitants on the St. John river who had sided with the Americans dur- ing the revolutionary war should l>e for- feited for their benefit. The same claim was advanced as regards lands on which the old inhabitants had settled as squat- ters, and to which they had no title but possession. AVliat intensified the feel- ing over this matter was the fact that certain lots which were in ])ossession of the "old inhabitants" on the river St. Jolin were ])y (Jovernor Parr's order numbered and drawn in the usual man- ner by the loyalists. Afterwards when they attempted to take possession trouble ensued. When tlie agents for the loyalists were in Halil'ax they laid the matter before the governor, who tlien gave directions that the improvements should lie valued and paid for by those who had drawn them. After the division of the i)rov- ince the New Brunswick government decided (mainly J believe on the advice of AVard Chipnian) to adopt the same line of policy. Tliis is apparent from the following letter;— TJIl' 1,0X1 (ON LAWYliU. Parr Town, 2(1 May, 1785. nontlemon,— As no trraiit has yet been niadeoftlie lots nuinliers 19, 20 ami L'l ill ( iuiietown, whicli you tiaini by draft, 1 am directed to inform you that" unless you [)ay tlie lirst settlers and oceiiiiants of tlu'se lots for tiieir improvements airreeable to the valuatior. made by Tiiomas Hart, 8anmel Ujtton ami .lohii Hart, that you will not obtain any >:rant of the same, but tha' urants will be made to the i)er.sons who respectively settled the same and now claim pay- ment for those imjirovements, iMessrs. Joiiii Elack, John Wiliinjr, Zachariali Koberts, Peter Hhults, and L:'onard Slip. 1 am, etc,, Waki) Ciiii'MAX, Att'y Gen'l. But in addition to the lands in the pos- session of the old inhabitants there were large tracts in the ])ossessiou either of companies or of individuals. Elias Hardv was engaged to inquire into tlie validity of these grants and to ascertain wliether they were liable to forfeiture. (Governor t'arleton on liis arrival inter- ested liimself in the matter and in Janu- ary 178"), AVard ("hipman, tiien Attorney (leneral of the Province, was desired Ijy the governor to "collect the best infor- mation he oonld procure concerning all such grants of lands as may bo supposed liable to forfeiture." In rei)ly (,'hipman wrote the Hon. Jonathan Odell, provin- cial secretary: "Agreeable to the direc- tions I received from his excellency I applied to Mr. Hardy for such informa- tion as he could furnish me with respect- ing any grants supjiosed to be escheata- ble and have received from him the fol- lowing list." The list furnished by Hardy included a large number of extensive' grants on the l>it. John river and elsewhere. The grounds on wliich he urged escheat were in some cases misrepresentation, in others non-performonceof the conditions of the grants. As regards the lirst of these Hardy claimed that in many cases the grants included many more than the numl>er of acres specified, and lie therefore alleged misrepresentation, either in the a])pli<'ation or in the sur- vey, .-^s regards the second point he claimed the forfeiture of the grants for non fuHilmentof the conditions on whicli they were made, which rcijuired that a certain portiim of the lands must be cleared, enclosed and cultivated, that a certain number of settlers must Vie estab- lished thereon with houses and cattle, that a certain number of acres were to be sown with hemp, etc., etc. Ward C'hipman's letter, above referred to, is of great interest but is rather long for insertion in this pajier. In it he takes up seriatim the grants which Hardv claimed as liable to forfeiturt) and HI every instance save (Jiie argues that it is not advisable to take any ac- tive jtroceovlings. The letter indeed is not without a t:ertainsuggestiveness that the attorney general of the jirovince for reasons best known to himstdf did not desire to exert bimsilf on this ix-casion. However it incidentally appears from his letter that there wi're several cases in which the })roceedings instituted by Klias Hardy had resulted favorably. In addition to his services in ])rocur- ing lands for tlie accommodation of the loyalists, Mr. Hardy was employed by government in connexion with tlio claims of the loyalists to compensation for their losses incurred through of the American revolution. His public servi- ces however did not prevent bis build- ing up an excellent private practice in his iirofession. He was admitteil an at- torney at the bar of New Brunswick on the occasion of the tirst ojiening of the suiiveme court at St. John in February, I'iPi'i. His tirst inlluential client seems to have been William Havidson of Mira- michi. jNIr. Davidson, as is well known, was the first })ermanent English sctttler on the north shore where he estaldished himself in 17():!, and where he soon be- came an extensive lumberman and land owner. In addition tolas property at Jliramichi Mr. Davidson was interested in lands on the St. John river. Incon- sequence of some conflicting claims re- gai'ding this property Klias Hardy was retained by Wm, Davidson about 17S5 in certain suits instituted against James Simonds and others. The (luestioii in disj)ute eventually got into the idiancery court and it was some years before it was finally settled. !>ir. Hardy's con- nexion with the suit proved of substan- tial benefit to him in more ways than one. It secured for him a ready elec- tion to the tirst house of asseniblv, 'of which more anoni, it cstablishetl his reputation and led to his being subse- quently retained by James Sinifinds in a suit "which he instituted against nis old business colleagues William Hazen, Leonard Jarvis and James White. The apparent lukewarmness of the provincial government in pnMuoting tlie escheat of lands granted before the Am- erican revolution had much to do with the strong jiarty feeling developed in the first provincial election. Concerning 8 THE I.ONHON L.WVVKI!. this first election a few words may now be sjn>iay of Fundy. In his pros- pectus Mr. .Melville states that amongst other subjects lie will discuss "The many disputes between the inhal)itants and their agents, so called, concerning escheatalile lannt that <:entle- iiiaii wisel}' lU'i-lined ii'lcntifyiiij^ himself witli I'itlier juirty, iiartii'uhirly as tlio way wa.4 opini for him to oldaiii a seat in tiie aHseml)ly witliout the doulitful chances of ele(!"tion luHt. John. He ae- cordiiifiiy iiut)HHlie(l tlie foliowinj; eard: Mi;. ir.Miliv roliinis liis thaiilfs tosucli ol' 111.'; Iiii'iids lis have lici'n iiU'ii^c il to (Iccliire their intent ion ol" vol in^r lor liini at tlic licc- tidiiMs a rcprcM'ntali vc lor tlii> city and county; Iml liO;;s llicy will not rust'i'vc tlicir votes, aK lie does not proiioso ollterlng hlmsell as a candidate. SI. .John, Octolier 17, 17S.'). He was thus alile to stand aloof from tiie riotous }>roceediii;_'s wliicii ciinracter- i/.ed tiie first i^t. John election. His own return to the house as a niomher for Mortiinmlierland was secured by the ui- llnence of ills dient, Wni. i'avid.son, of Miraiiiichi. This incident was not par- ticularly ajrreealile to Ciiipnian and ids friends, who professeii to have a poor oi)iniou of Hardy's al)ilities, and were disposed to frown u{ion his pretensions. The foUowiii).' brief record of the elec- tion in Northuniherland is taken from the diary of Jienjamin jNIarston, lirst sheritf of the county, and a warm personal frientl of Ward rhipman: — Wednesday, Nov. '2, 17s.") — I'osted up advertisements for a meeting' of the county to eic ' ' v o members for the gen- eral assembly — one at inoi)p, William Pagan, .Stanton Hazard and John McGeorge whom they hav' admitted and sworn in as members 'or thi'' city and county not- witlistandin^' Turtullua Dickenson, llitchard Lightfoot, Ritchard Bonsall, Fetter Grim, John Boggs and Alex- ander Kei 1 were chosen by a decided majority, according to your excellency's own regulations." The petitioners appealed to the gover- nor for a dissolution of the house, which, tiiey add, "will give his majesty's af- fectionate peoi)le an opiiortunity of man- ifesting their zeal for the constitution by a nomination of men who will r.-gard tlie honor of the c;ro\vn and support the rights of the people.' The petition concludes with the somewhat defiant words: "As we by no means thinlv we are renresented in the present liouse of assembly, we can on no account con- ceive ourselves bound by any laws made by them so unconstitutionally composed." Governor Carleton declined to inter- fere in tlie matter. Indeed, as a con- stitutional ruler, he would not have l)een justified in so doing, in view of the fact that Attorney General Blisp and his colleagues had been returned by the slierifi" as duly elected, and thai the house of assembly, after duo considera- tion of the protest entered against the election, had confirmed the slieriff's re- turn. In his speech at the opening of the first liouse of assembly at .St. John, January 3rd, 17S(i, the governor refers to the great necessity of "discouraging all fai'tions and party distinctions, and caulcating the utmost harmony and good will 1)etween the newly arrived Loyalists and those of his majesty's sub- jects formerly resident in tlie i)rovince." ^fhere cannot ))e the slightest doubt of tlie governor's wisdom in the advice liere tendered both as regards the necessity of discouraging tlio factions spirit which had shown itself in the ranks of of the Loyalists themselves, and also as to the desirability of cultivating friendly relations between the Loyalists and the old inhabitants of the country. True the latter had not always lieen the most loyal subjects of old King (ieorge and many of them during the revolutionary war had shown more than an inclination to side with tiie majority of their New Eng- land neighliors, but to have banished these old settlers from the St. John river, and to iiave confiscated their lands on this account, would have been an act of short-sighted folly, equal to thatof which the American people were guilty, when by edicts of banishment and acts of con- fi.s(^ation they drove out the Loyalists from their old homes to liuild up a rival nation at their very doors. The riotous proceedings which charac- terized tlie first St. John election, will, perhajis. shock the tender susceptibili- ties of tiiose good people who are wont to snj.pose that the loyal founders of iNew Jirunswick were an ideal class of men, and free from all ignoble passions. The fact is otherwise, and m the interests of historic accuracy we may as well admit it. True, the general character of the Loyalists stands high, and will bear a more than favor- al>!e conipariaon v.'itli that of their ene- mies in tiie revolutionary war. As a body tiiey displayed admirable self- sacrifice and devotion todutv,but in their ranks were many whose reputation is not unstained. At a time when common misfoi'tune should have united one and all in the effort to advaiuio their mutual weli'are the spirit of selfisiincss and of jealousy and suspicion were by no means wanting. When the old province of Nova Scotia was divided and the new province established there ensued, on the part of many of the more educated and aristocratic class, an undignified scramlde for ofiice. Amongst tlie dis- banded soldiery and uneducated i^lass of the conimunity a spirit of discontent prevailed, combined with disrespect for lawfully constituted authority, and in many instances a tendency to intemper- ate Habits. Elias Hardy, to his honor be it said, showed no disposition to ally himself with either of the classes just mentioned. He was not a persistent ollice seeker nor did he on the other liand encourage tlio spirit of insubordination. When tlio (iity of St. Joiiii was incorporated in 1785 its first civic olliccrs were specified in the charter, naniely,('ol. Gabriel G. Lud- low, mayor, Ward Ghipmnn, recorder; THE LONDON LAWYER, 11 per- iiiil, self icd. lutr tho till) in nd- ler; George Leonard, ohtiniberlain; Bar- tholemew C'raniiell, fommon clerk. It appears from a letter written by pAhvard winslow, under date Halifax, .lanuary i:5th, 1785, to Ward C'hipman that the position of clerk of the common council was offered to Mr. Hardy, but was declined by him. Colonel Winslow, in his characteristic style expresses his emphatic approval of the selection of Col. Ludlow as mayor, and adds: "I have never been an enthu- siast for towns and cities, but I declare that if this event takes place in all its parts, and Mr. Hardy is induced to accept the other ajtpuintmeiit. I shall expect to see Halifax evacuated by the most respectable of its inhabitants and Shelburne totally eclipsed antl that im- mediately." < )n the death of Bartholemew Cran- nell in 1790, Klias Hardy succeeded him as clerk of the common council and clerk of the sessions, retaining: the ottices till his decease in 1~\)S. He also tilled the oltices of surrogate for the city and county of !St. John and of clerk in the court (jf chancery. As clerk of the common council his services were jtarticularly valuable in connexion with much of the early civic legislation; for years nearly all the acts and by-laws connected with the govern- ment of the city were draughted by liis hand. On the' loth April, 17(»7, Hardy received the sum of £8(1 from the coun- cil as a compensation for his past ser- vices. A corresjtouilent of the 8t. John Gazette refers to this as an extraordinary donation and asks whether "'the re)iast on Tuesday was a stipulated condition of the grant " We may, however, con- clude that as the anonymous (communi- cation was jilaced among the advertise- ments and marked "paid for," the writers ojiinion was not considered of much imjiortanct' and that tlie grant was sim)tly what it i)roft'sscd to be. a tangible recognition on the jjart of tlie ••ouncil of ellicient services rendered l)y a civic otlicci'. Ellas Hardy represented the cotinty of Kortiiumberland until the dissolution of the lirst house of assenilily in I7'J2. In tho ensuing general election iiis fellnw citi/tMis shovvi'il their confideiu'c in him by electing him one of the rciiri'seiiia- tives of tiie city and county of St. .John. After the expiration of the' term of tlie second hous-e of assendiiy he was again ]iressed to beconi.- a caniiidate, but de- • •lined noniinutinn i)resu:'iably on the ground of ill health. As a member of the legislature his services were useful and important. Asa worker he was industrious and pains- taking and in debate his eloquence and ability soon secured for him a foremost position. A part from his civic and legislative duties Mr. Hardy's time was fully occt!- pied by the duties incident to his profes- sion. Amongst the many important cases with which he was con- nected was that of Benedict Arnold versus Mimson Hoyt. The action was brought by General Arnold against his former business partner for slander, Hoyt having accused Arnold of setting tire' to their store in Lower Cove, which, with its contents, was entirelv consumed, and on which the general had shortly before eflected insurance to the amotmt of £5,0(10. The case was tried before Judge Allen at the Septembei court in 1790. (ieneral Arnold claimed damages to the amount of £5,(iOb — the jury award- ed him but L'O shillings, which' was re- garded as j)ractically a verdict for the tlefendant. In the trial Attorney (i«n- eral Bliss and Solicitor (ieneralChii)man were retained on behalf of the jdaintiti, whilst Mr. Hoyt retained Elias Hardy. The St. John public ajiparently had lio very exalted opinion of the general's in- tegrity, and their sympathies were Mith the defendant. Another celebrated case, in whicli Mr. Harily was retainetl, and whi(;h proved a lucrative one for the lawyers em])loy- ed, was that of James Simonds versu.-. William Hazen, Leonard Jarvis anil James White. The case was the out- come of business transactions between the parties, extending over a period of 'JO years, a large amount of projierty be- ing at stake. The case was of so intri- cate a character that in one form or an- other it was before the courts for about L'5 years. Ward Chiiiman was retaineil to look after the interests of his father- in-law, \\'iiliam Hazen, with wIk u Leonard Jarvis and .lames ^Vhito were associated in the t. -'t, and for whom ('hijimaii also acted, .lames Siniomls on his part retained Llias Hardy, of wh(..--e ability he had had sonic practical exiiei ieiice as counsel for his oppoiiciit in the ci,si^ of Siniduds versus I'avidson. ■J'he iiro('eediiigs in the < hancery suit were ]>i itracted and the documents con- nected therevvitii exceed! ngiv volumi- nous. The lirst liiU of complaint against Simonds was filed by ('hiinuiin as attor- ney f(ir Hazen and Jarvis, .Inly lUth, ]7'.d. It is a I'oniiida'ik' rnll of'pareh- meiit ciuuprisinL' l-,iMiii words. Tiu> answer of Simonds, tiled by Hardv Feb. 12 THE LONDON LAWYER. 3, 1792, (lontains aVjout 5,800 words. But this is not all: on Nov. ITtli, 1794, Hardy tiled the cross Inll of Siinonds against Hazen, .Jarvis and White, containing 17,000 words, written on a roll of paper 20 inches wide and 20 feet (i inclies in length. Not to be outdone. Ward Oiip- mau responded to this witii an answer on behalf of his tdients of 19,t)0() words, wliich he filed with the clerk in chan- cery. May 26th, 179.i. The jjroceedings of tl. old chancery suit are preserved in the record oHice in Fredoricton, The law student will find much information in them concern- ing the mode of procedure i)ur8ued in the early days of the province, and will derive from their study some idea of the alnlities of the men who were giants in their profession in tlieir generation. To the student of local history these records are ot even greater interest, from the fact that they throw a tiood of light up- on the history of Ht. John during the 20 years' period whicli preceded the land- ing of the Loyalists. Enough has now been written to show the position occupied in public; life by tlie subject of this sketch, (oniterning his character in private life, all that I liave been able to gather is containeil in the brief obituary notice in the Royal (Tazette of January 1st, 1799, in which Christopher Sower says: — "Elias Hardy formed but few friend- ships, but in these he was always sin- cere, and the brilliancy of his wit and good humor made him the life of every circleof which he formed a part. He has left a wife and four children to lament the loss of an affectionate hus- band and indulgent parent." The wife of Elias Hardy was Emma, daughter of Peter Huggeford, M. D. During the revolutionary war her father, Dr. Huggeford, was surgeon in the Loyal American Regiment raised by Colonel Beverley Robinson of New York, and of which liev. John Beardsley was chap- lain. In the settlement of Parr Town the surgeon and the chaplain drew lots side by side on Charkttte street opjwsite the scnith-west corner of King square. Sev- eral of the oHicers of this loyalist regi- ment were prominent citizens of St. Jcihn in the early days. Among the number were the Honorable John Robinson, who was mayor of the city at the time of his death in 182S. and John Ward who died in 1840 at the patriarchal age of 92, being at that time the oldest half-pay otiicer in the British service. Soon after liis daughter's mar- riage Dr. Huggeford returned to New York where he was living in 1800. Elias Hardy was not a grantee of Parr Town. His house was built on lot 417, on the south side of King street about half way between Charlotte and (Tor- main streets, and was a well known laml mark. Mr. Hardy in the year 179-"} pur- chased one half of this lot "from the Rev. John Beardsley for the small sum of 10 shillings, the other half he procured from another party. His widow in the year 1804 sold one half of the lot to \Villiani Melick for £15, and in 1820 the other half to Robert W. Crooksliank c