Signing of the treaty of Aix-la-OhapelIe—Cape Breton restored to France—The French remain in their positions on the north side of the Bay of Fundy—Founding of Halifax, June, 1749—Proclamation of the new governor, Edward Cornwallis—Oath without restriction exacted or departure within three months— Refusal of the whole population—Embarrassment of Cornwallis— Temporizing—Founding of Beausejour by the French—Their efforts to attract the Acadians.

Peace was concluded in October, 1748, at Aix-la-Chapelle. The treaty left the respective situations of the two nations as they were before the war. The provinces or towns, that were conquered, were restored. L’lle Royale (Cape Breton) was given back to France.

For special reasons this restoration was particularly vexing to the Anglo-Americans. To them, indeed, belonged the honor of having taken Louisburg. where their militia had given proofs of much courage and skill. This fortress, which had cost France so much money, had. been a continual menace to the English possessions ; the news of its fall had been hailed with great rejoicings, and its restitution left bitter regrets.

Nearly forty years had elapsed since the treaty of Utrecht, which had stipulated that France was to cede Acadia, but without otherwise specifying what constituted Acadia. Its frontiers, as well as those of the whole of Canada, were to be determined by commissioners to be appointed for this purpose. Nothing had yet been regulated at the time of the treaty of Aix-la-Ohapelle, nor did this treaty decide the question.

The neglect to settle the frontier difficulty was to give rise to many other difficulties, and eventually to inflict on France, not only humiliation, but a blow the consequences of which were the most disastrous it had ever experienced. Until now France and England seemed to struggle with equal chances of success for the empire of the sea;. Spain had been left in the lurch. The Seven Years’ War was about to decide that England should definitively occupy the first place; that its language, civilization, and institutions should spread over all colonizable countries, all the strategic points of the Old and New worlds; that its industry and its commerce should assume an immense development and bring it great wealth ; that its wares and its money, scattered broadcast over the surface of the globe, should secure for it a preponderating influence in the council of nations.

The English claimed that Acadia ought to comprise all New Brunswick, besides the peninsula; while the French, on the other hand, claimed all the country to the north of the Bay of Fundy and even the east coast of the peninsula; nor were reasons wanting to support each of these alleged rights, since these rights were based on undefined or contradictory charters granted more than a century before. In each case and for similar reasons the conflicting parties asked for more than they knew they had a right to or than they hoped to obtain.

Meanwhile, Captain Marin, after the treaty of Aix-la-Chapelle, occupied the north coast of the Bay of Fundy, that is, all the country that is now New Brunswick, leaving to the English, until the decision of the commission, the present province of Nova Scotia except the island of Cape Breton. Marin’s territory comprised the Acadian settlements of the river St. John, of Chipody, Memraincook and Peticodiac. Beaubassin was situated partly on the French side, partly in the peninsula.

This state of affairs awakened in the mind of the English authorities the idea, often expressed by Philipps, Mascarene and Shirley, of founding English colonies in Nova Scotia. The two first-named suggested the establishment of a fort at Beaubassin, and the colonizing of the isthmus from the eastern extremity of the Bay of Fund}" as far as Bay Yerte. Shirley, as we have seen elsewhere, proposed moreover to take away from the Acadians a part of their lands and to introduce thereon colonists from New England, in order the more effectually to make the Acadians English and bring about their conversion to Protestantism. Whatever may have been the reason, whether neglect, or the dangers of the situation on account of the hostility of the Indians, or because these projects implied too great an expenditure of money, or because already those colonists of Massachusetts inspired the imperial government with distrust; at any rate nothing had been effected.

The first of these projects had become harder to realize on account of the great expansion of the Acadian population in these parts ; on the other hand Shirley’s project, which implied spoliation and an odious infringement of the religious liberty guaranteed by a treaty, was not to be encouraged by the English Government, always more equitable and humane than the colonial authorities.

The Acadian population had increased with surprising rapidity. From 175 heads of families who arrived in Acadia at different times in the course of a century, a little nation had sprung up, which, at the time of the cession of the country, counted 2,500 souls, 7,114 in the year 1739, and about 12,500 in 1749. Of this number nearly 3,500 dwelt north of the present borders of Nova Scotia on the territory then occupied by the French.

The position of these latter Acadians was going to become exceedingly critical and perplexing. Until then, this part of the country had, properly speaking, been held neither by France nor by England. The inhabitants, who occupied it, especially those of liiver St. John, Chipody, Memrameook and Peticodiac, had governed themselves, or rather lived peacefully without government, without control, without intervention. As France had ceded Acadia, and as they were the sons of the Acadians established in the peninsula, they made no difficulty in acknowledging themselves English subjects, and in 1730 they took the oath of fealty.

The encroachments of France, before the decision of the commission appointed to tix the limits of Acadia, determined England to found au English colony and a fortified post that might serve as a counterpoise to Louisburg. Chibucto Bay was chosen, and the founding of Halifax decided in March, 1749. Fourteen ships, bearing 2,756 persons with all the necessary provisions and a complete civil organization, comprising an administrative council, magistrates, a schoolmaster, a minister, as well as merchants, artisans, and clerks, set sail on May 14tli, and entered Chibucto harbor June 27th following. Edward Cornwallis was the new governor. Halifax was founded. The place was most judiciously chosen. The French had made the mistake of overlooking the advantages of this harbor and of preferring Louisburg to it. The English were perhaps wrong iu delaying so long to occupy it. Acadia had been forty years iu their possession, and yet, in 1748, there were not a dozen English colonists iu the whole province. The consequence was that the Annapolis garrison would not have been able to subsist without the Acadians, and this dependence on them had been partly the cause of all the efforts and frauds of the governors to retain, against their will, a population which had for a long time wanted to withdraw at any cost.

The much-delayed foundation of Halifax repaired to a certain extent this error, which had no grievous consequences for England, thanks to the m id and peaceful manners of the Acadians; but, later on, it enabled an unfeeling and conscienceless governor to crush this little nation and inflict on it woes, the remembrance of which, after more than a century, still fills with anguish the descendants of those who were his victims.

If, upon the whole, regard being had to the times, the Acadians had been hitherto governed with gentleness, they met with different treatment after the foundation of Halifax; which proves that this gentleness originated in the weakness of the rulers and the submissive spirit of the governed, in the fear of losing a population whose assistance was indispensable. How could they have been governed harshly, when there were only from a hundred to a hundred and fifty soldiers at Annapolis, when the mass of the population was far distant from the only fortified place in the whole country ? Such a state of things woubl have been impossible with any other.

But a peaceable and submissive people. Orders may sometimes bave been executed reluctantly or slowly; but instances of this kind are so insignificant that they would not deserve to be mentioned, were they not the only instances on record, and had not the deportation invested them with a certain interest. Even when, under Armstrong’s administration, several priests were arrested, and ill-used, and the churches closed, we do not hear of any threat or act of resistance from the Acadians. We shall see the same self-restraint later on, despite provocations and an ever-increasing oppression, all of which was seemingly designed to provoke a pretext for deporting them.

As may be supposed, this new town suddenly arising must have greatly exercised the Acadian centres.. An event of this importance could not fail to entail upon them very serious proximate or remote consequences; they must have understood its bearings and commented at length upon the new situation. Clearly this was a serious enterprise, a colony that would be strongly encouraged and assisted by England. What boded it for them? Would the actual state of affairs be changed? Would their happiness be troubled thereby, the free exercise of their religion restricted, or entirely taken away from them? Had they not reason to fear that a part of their lands would be confiscated? It may well be supposed that these questions and others of like nature were so many problems stated and discussed at the fireside in evening chats. In this review of possibilities it was very likely the pessimistic opinions that generally prevailed.

The fleet, as I have said, had entered Chibucto harbor June 27, 1749. A few days later, the Acadians of River Canard, Grand Pre and Pigiguit, sent three deputies to the new governor to present him in their name their respects and their homage.

Jean Melamjon, Claude LeBlanc and Philippe Melamjon were the three deputies admitted to the presence of the Governor. They were asked if they had any petition to present from the Acadians of their district; they replied that they had come simply to offer their respects to His Excellency and to know if their condition would remain the same as before, especially with regard to the free exercise of their religion. His Excellency, who had just drawn up a proclamation enjoining upon the Acadians to take the oath without restriction, communicated it to them with the order to publish it, to post it up in all public places, to return within fifteen days with the other deputies, and to give an account of the resolutions ol‘ the inhabitants of their respective districts.

On July 29th, the date fixed for their return, despite the long distances they had to travel, the Acadian deputies of the whole province, including those residing north of the Bay of Fundy, had reached Halifax.

“They were called in before the Council and asked what resolutions the inhabitants had taken in consequence of Her Majesty's declarations.

“Jean Melaneon delivered to His Excellency a letter wherein, he said, was contained their answer, which letter, being read, the Council was of opinion that with regard to that part of their letter demanding an exemption from bearing arms, it was the opinion of the Council that no exception should be granted them, but that they should be told peremptorily that they must take the oath as offered them. That His Excellency will send persons as soon as possible to administer the oath, and that all such as are willing to continue in the possession of their lands, must appear and take the oath before the 26th of October, which will be the last day allowed them.

“This declaration being read to them, they asked whether, if they had a mind to evacuate the country they would have leave to sell their lands and effects. His Excellency answered, that, by the Treaty of Utrecht, there was one year allowed them, wherein they might have sold their effects, but that at the present time, those that should choose to retire could not be allowed to sell or carry off anything.

“The deputies beg leave to return to their Departments and consult with the inhabitants. Upon which they were warned, that, whoever should not have taken the oath before the 26th of October, should forfeit all their possessions and rights in this Province.

They then asked leave to go to the french governor and see what condition might be offered them. His Excellency’s order was, that whoever should leave this Province w ithout taking the oath should immediately forfeit all their rights.

“The secretary was ordered to write all the priests to repair hither.”

A proclamation conformable to the reply of the governor was left in the hands of the, deputies to be published in their respective districts. A few weeks later the same deputies returned, bearing a letter to the governor, signed by a thousand persons, in which they most courteously expressed their views:

We axe very contrite, sir, when we consider the privileges which were granted to us by General Philipps, after we had taken the oath of allegiance to His Majesty. . .

RESPECTFUL

Two years ago, His Majesty was pleased to grant us the enjoyment of onr property, etc., etc. We have received all these promises as coming from His Majesty; we have encouragingly relied upon them and have rendered service to the Government, never having had the wish to violate our oath. We believe, Your Excellency, that if His Majesty had been informed of our conduct towards his Government, he would not propose to us an oath which, if taken, would at any moment expose our lives to great peril from the savage nations, who have reproached us in a strange manner, as to the oath we have taken to His Majesty. This one binding us still more strictly, we should assuredly become the victims of their barbarous cruelty.”

“The inhabitants in general, sir, have resolved not to take the oath which your Excellency require of us; but, if your Excellency will grant us our old oath, which was given to Governor Philipps, with an exemption from taking up arms, we will accept it.

“But if Your Excellency is not disposed to grant us what we take the liberty of asking, we are, resolved every one of us to leave the country.

“We take the liberty, sir, to beg Your Excellency whether or not His Majesty had annulled the oath given to us by General Philipps.

“Thereupon, we hope, sir, that you will take notice of our humble supplications, and that Your Excellency will allow yourself to be moved by our miseries, and we, on our part, we will exert ourselves to the utmost in praying to God for the preservation of your person.”

Cornwallis had previously told them that they could quit the country, hut that they should take nothing away with them. He had committed the same blunder as his predecessors. He had thought that these men were too much attached to their goods to resign themselves to the utter abandonment of the fruit of their patient labor. Like his predecessors, he was deceived. Perhaps he did not yet see his mistake clearly; but he was soon to be convinced of it.

His reply was, as the preceding ones had been, harsh and haughty:

“You do nothing but repeat the same story without the least change ; you want to be subjects on such or such conditions. That cannot be. All those, who chose to remain after the Treaty of Utrecht have become British subjects and could not have imposed conditions to their becoming such. You have always refused to take this oath without an unexpressed reservation; I tell you that Governor Philipps who granted you such reservation did not do his duty. It is only out of pity to your inexperience that we con descend to reason with you, otherwise the question would not be reasoning but commanding and being obeyed

Thus did he dismiss them with these harsh words, without reiterating or even mentioning the orders contained in his proclamation, and without so much as communicating to them a written answer, which they awaited in order to transmit it to the inhabitants.

His letter to the Lords of Trade, five days later, shows us clearly enough the state of his mind and the current of his thoughts:

The Acadian deputies have been with us this week. They came, as they said, with their final answer. Your Lordship* will see from the enclosed copy, that they are, or say they are, resolved to retire, rather than take the oath of Allegiance. As I am sure they will not leave their habitations this season, when the letter was read to the Council in their presence. I made them answer without changing anything of my former declaration, or saying one word about it. My view is to make them as useful as possible to His Majesty while they do stay. If, afterwards, they are still obstinate, and refuse the oath, I shall receive in the spring His Majesty’s further instructions from Your Lordships.

“As they stayed to have copies of my answer in writing, I saw some of them in the afternoon by myself, and exhorted them to be faithful to His Majesty. . . They went home in good humour promising great things.”

Cornwallis seems already to be doubtful of the result. Had he known their history and the relations of his predecessors witli them, he would have immediately understood that his haughty manners, his arrogance as of a Roman proconsul, must, while alarming them, produce an effect just the opposite of what he intended Any humane and tolerably observant man would have realized this. He had flattered himself that, by delivering, in a magisterial tone, these subtilties to poor ignorant people, he would lord it over them and thus stamp out all resistance. This showed great ignorance of their character. Besides, it was a very bad beginning; he was entering upon a line of conduct that could bring him only deceptions and humiliations; he was about to traverse all the phases through which' Armstrong and Philipps had passed, before making up his mind to adopt mild and conciliatory measures, and then it would be too late.

Other deputations followed; memorials were presented in which were narrated the facts relating to their sojourn in the country and to the oath. They recalled the treaty of Utrecht, which gave to all those who did not desire to become English subjects the right to depart within the space of a year taking with them their movable property; they mentioned the letter of Queen Anne which enlarged the privileges of the treaty. They reminded him that their decision had been to quit the country, but that they had been always prevented by all sorts of means. “In presence of so many obstacles we have,” said they, “offered and taken several oaths, all of which were based on that promise of exemption from service in war; if we have stayed in this country, it has been with this explicit reservation, and the finest phrases could not change our conviction on that point.” “Your oaths are illegal,” said Cornwallis, and if the preceding governors sanctioned them by their promises, they delivered to you titles that are null and void; you are here subjects of the King of England, even without having taken the oath of allegiance; you have therefore lost all your lights, and it is a favor he granted you when he consented to admit you again to the benefit of his allegiance.”

The Acadians replied that their claims were founded on authentic acts, which could not be repudiated or distorted by mere words. “Governor Philipps had begun by denying our claims; then, after examining into them, he recognized our rights and consented to grant this exemption from bearing arms; he assured us he had full authority therefor. If we have been deceived, the King cannot turn against us such a fraud; if the condition of our sojourn be withdrawn, we should, at least, be replaced in the position that the treaty guaranteed.” Then these unfortunate persons, who naively believed in justice, brought forth the copy of the acts they had signed. “ We have always lived thus on our plighted oath, without having heard from any one that these agreements were null; on the contrary, they were recognized and acted upon in the last war. As for ourselves, we have preserved inviolate our fidelity to the oath, despite seductions and threats.'’ “So much the worse for you,” replied Cornwallis, “if you knew not the invalidity of these conventions, you now have only to submit, or you shall be despoiled of all you possess.” This is a pretty fair summary of these negotiations, says Rameau, whom I am quoting.

Obliged, before this quasi-Majesty to couch their thoughts in terms of the most profound respect, obliged to avoid even the appearance of a contradiction, they were condemned beforehand to be in the wrong. It was the earthen jar against the iron pot.

However, says Murdoch, the historian of Nova Scotia: “The memorials which these Acadians sent to the Council were all stamped with a respectful moderation and also with a profound conviction. They all rested on this fundamental point; an oath of allegiance taken with all due restrictions, from which they had never consented to swerve since the conquest.”

The Acadians invariably asserted that they willingly recognized themselves to be the very faithful subjects of the King of England; that the obligation to bear arms against their compatriots was repugnant to their feelings; that, if an oath like the one they had already taken were accepted, they would lie happy to remain in the country and maintain, under all circumstances, the inviolability of this oath.

While these negotiations were being carried on, the excitement, as may well be expected, was increasing in all the Acadian centres. Would their requests be granted ? Should they depart or should they not? Many were getting ready to go away; the majority did not wish to do so without an express authorization of the governor. The French still occupied the north of the Bay of Fundy; they were building a fort which they called Beaus£jour at a mile and a half from the village of Beaubassin. Great efforts were made by Abbe Le Loutre and the French to induce the Acadian colonists, and particularly those who dwelt near this frontier, to emigrate over to the French side. The haughty and unjust conduct of Cornwallis was beginning to produce the results lie ought to have foreseen. Irritated by the efforts of the French to attract tlh Acadians to their settlements, lie gave Captain Cobb the following order :

“You are hereby to proceed to Chignecto (Beaubassin) to seize and secure as many of the inhabitants as you can, or, in case they quit their houses upon your approach, you are to seize and secure as many of their wives and children as you think proper and deliver them to the first English Fort you shall come to, to remain as hostages of their better behaviour.’’

This order however, was not carried out.

So, while on the one hand he was forcing the Acadians to choose between swearing allegiance and leaving the country, on the other he was giving orders to prevent them from taking advantage of his alternative.