L 0\1 2 7 3L 90 4 03468002 2 PHOTOFILE ENVELOPES MIN pH 8.5 ,. The London Lawyer. A BIOGRAPHICAL SKETCH ELIAS HARDY, Counsellor-at-Law at Saint John, N. B., A. D. 1784-1798, Some Account of the Incidents in Which he Figured. &J^6U« Rev. W. O. Raymond, M. A., President of the New Brunswick Historical Society. 1894. The EDITH and LORNE PIERCE COLLECTION of CANADIANA Queens University at Kingston THE LONDON LAWYER: Among those who figured conspicuous- the exercise of his talents. He accord- ly in public life during the early days of ingly removed in early manhood to "the Saint John and of whom our local his- King's Provinces in America," to enter torians have preserved little more than upon the more pleasing duties of coun- the names, few were qualified by natural sellor-at-law. Unfortunately for his endowments to attain greater distinction prospects the disputes then existing be- than Elias Hardy. His death at a com- tween the old American colonies and the paratively early period, coupled with the mother country culminated, shortly after fact that no descendants remained in the his arrival, in the revolutionary war. He province to hand down to future genera- resided in New York during nearly the tions the story of their ancestor's life and whole of this eventful period, engaging services, will serve in a measure to ac- as opportunity offered in the practice of count for the fact that as far as he is con- his profession. It does not appear that cerned our provincial annals are almost he held any official position during the a blank. war. The first occasion of which I have It is difficult with the scanty materials been able to find any record in which he available, to give more than an outline played a prominent part in public affairs of the life of the subject of this sketch, was at the time of the evacuation of New but enough remains to show that St. York in the summer of 1783, when he John in all its history, possessed few men figured as one of the leaders of of greater promise. As a lawyer Elias the opposition to the scheme of Col. Hardy would have made his mark in his Abijah Willard and his associates for profession in any age or community. The securing extensive land grants in Nova public estimate* of his ability is suffi- Scotia. The associates refened to, ciently indicated by the fact that from numbering 55 in all, submitted a memo- the time of the establishment of the rial to Sir Guy Carleton, in which they courts in the province until Hardy's represented that their positions in soci- death in the year 1798, his services were ety had been very respectable and that in constant requisition, and he was re- previous to the revolution they had pos- tained as counsel in nearly all the lead sessed much influence in their several ing cases. He was frequently pitted communities. Having lost nearly all against such able lawyers as Jonathan they possessed, they now intended to re- Bliss, Ward Chapman and Thomas Wet- move to Nova Scotia, and desired that more, in all instances pleading the cause the same grants of land allowed in the of his clients with marked ability and case of field officers of the army might success. In addition to his talents as a pass to each of them, and that if possi- sound counsel, he possessed oratorical ble the lands should be conveyed free gifts of a high order, and was particu- from quit- rents and other incumbrances. larly effective before a jury. The lands desired by the "55" peti- Tradition has it that as' an all round tioners were supposed to include the lawyer Elias Hardy, among his contem- best and most available locations along poraries, knew no peer. The student the St. John river, these lands being will find abundant evidence of his indus- then, of course, included within the try'and ability amongst the voluminous bounds of Nova Scotia. records of the court of chancery. When the terms of the petition were Elias Hardy was the son of a non-con- understood, there was much excitement formist clergyman. He was born at Farn- not unmixed with indignation, on the ham, in the county of Surrey, England, part of the general body of Loyalists re- in the year 1744; was educated for the bar maining in New York, and a copy of the and admitted an attorney and solicitor obnoxious memorial forwarded to the in the courts at Westminster Hall. The settlers at the mouth of the river St. confinement incident to this branch of John, caused an equal degree of dissatis- the profession proved uncongenial to one faction in that locality. of his active temperament, and seemed, To counteract the* design of Abijah moreover, to afford a limited field for Willard and his associates, a public — — THE LONDON LAWYER. meeting was held on Friday, the 8th has allotted for their common benefit, and so different from the original proposals. day of August, at Roubelet's tavern in That your memorialists apprehend some New York. The sentiments of those misrepresentations have been used to pro- assembled were voiced by Samuel cure such extraordinary recommendations, the applications for which have been most Hake, Elias Hardy and others, studiously concealed, until now they boast and a committee consisting of its being too late to prevent the effect. Nor the gentlemen named with Capt. Henry does it lessen your memorialists surprise to observe, that the persons concerned (several Law and Tertullus Dickenson, was ap- of whom are said to be going to Britain) are pointed to prepare a memorial for most of them in easy circumstances, and presentation to Sir Guy Carleton relative with some exceptions, more distinguished by the repeated favors of government than to the matter. The following notice in by either the greatness of their sufferings, or the columns of an old New York paper the importance of their services. is of special interest in this connexion: That your memorialists cannot but regard the grants in question, if carried into effect, New York, Friday, August 8th, 1783. as amounting nearly to a total exclusion of The gentlemen who attended this afternoon themselves and families, who, if they be- at the meeting of the Loyalists at Roubalet's come settlers, must either content them- Tavern are hereby informed that the selves with barren or remote lauds or submit memorial to the commander-in-chief will to be tenants to those, most of whom they be left at the same place for their signatures consider as their superiors in nothing but at 10 o'clock tomorrow morning. deeper art and keener policy. Thus circum- N. B. It is earnestly requested, that all stanced, persons who propose settling in Nova Scotia Your memorialists humbly implore redress will call and peruse the said memorial and from your excellency, and that inquiry be sign it should it meet their approbation. made into their respective losses, services, situations and sufferings; and if your me- The response to the invitation was morialists should be found equally entitled hearty and immediate and when the to the favor and protection of government with the former applicants, that they may document was presented to Sir Guy be all put upon an equal footing; but should Carleton it bore a formidable array of those that first applied be found, on a fair signatures. The style of composition in and candid inquiry more deserving than your memorialists, then your memorialists the memorial affords strong ground for humbly request that the locating of their ex- assuming it to have been in a large tensive grants may at least be postponed un- measure the production of Hardy, who til your memorialists have taken up some small portions as may be allotted to them. wielded the pen of a ready writer. The And your memorialists as in duty bound memorial is quite too interesting from a will ever pray, etc. historic to be be standpoint passed by. The closing paragraph of tbe above It is therefore inserted in full: memorial reveals the distress to wbich the To His Excellency, Sir Guy Carleton, unfortunate Loyalists had been reduced Knight of the Most Honorable Order of by the ungenerous conduct of their fel- the Bath, General and Commander in lows. In the community at the mouth Chief, etc., etc. : — The memorial of the subscribers humbly of the river St. John there was general sheweth: That your memorialists having uneasiness and apprehension. Vague of been deprived very valuable landed and alarming rumors filled the air, fol- estates and considerable personal properties without the lines, and being also obliged to lowed by hostile demonstrations against abandon their possessions in this city, on the government of Nova Scotia. Mur- account of their loyalty to their sovereign, doch in his History of Nova Scotia con- and attachment to the British constitution, and seeing no prospect of their being rein- fesses his inability to understand the stated, had determined to remove with their ground of this hostility, but a few families and settle in his majesty's province moments consideration will throw light of Nova Scotia, on the terms which they subject. understood were held out equally to all his upon the There were at tbis majesty's persecuted subjects. time some thousands of Loyalists en- That your memorialists are much alarmed camped at the mouth of the St. John at an application which they are informed 56 persons nave joined in to your excellency, river all anxiously awaiting some definite soliciting a recommendation for tracts of information with regard to their lands.