POST OCCUPATIONAL HISTORY OF THE OLD FRENCH TOWN OF LOUISBOURG, 1760-1930

By Wayne Foster 

Unpublished Report H D 02

Fortress of Louisbourg

December, 1965

(Note: The illustrations, are available from the Fortress of Louisbourg / 
A noter : les illustrations pourrait être consulter à la
Forteresse-de-Louisbourg.) 

Table of Contents

CHAPTER II: 1768-1784

THE YEARS OF RAPID DECLINE - LAND POLICY

The land policy of the Imperial Government with respect to grants did not change during the years 1768-1784. Still no grants of land were issued, although licences were. Indecision as to a policy with respect to the fisheries and a desire to remain in full control of the coal deposits on the Island seem to have remained the chief reasons for this negative approach, as they were prior to 1768.

A letter to the Government of Nova Scotia from Whitehall on October 12, 1768, deferred the consideration of the request of Major Milward of Louisbourg for a land grant until "measures are taken for the granting of land in Cape Breton. Until then, no private grants are to be made". These "measures" were not taken until 1784, when Cape Breton became separate from Nova Scotia. Even then, Louisbourg seems to have been ignored. [44]

The Governor of Nova Scotia pressed the Imperial Government for a definite policy respecting land grants at Louisbourg. A letter of December 22, 1768 recorded an order by the Committee of Council for Plantation Affairs directing the Lords of Trade and Plantations, as a result of two memorials from the government of Nova Scotia inquiring about land grants in Louisbourg, "to consider the whole matter and report to the Committee of Council for Plantation Affairs what they conceive adviseable for His Majesty to do". The only policy that seems to have emerged from this request was not new, but a continuation of the old policy of withholding grants there.

By 1770 Cape Breton still had no "freeholders" for the Council at Halifax resolved in April of that year that no writ should be issued to the island of Cape Breton because of "the want of freeholders to make an election". It was decided that the island should be deemed to be represented by the members for the County of Halifax, "unto which it has been resolved and become a part thereof as heretofore", [45] as a result of the reluctance of the Imperial Government to grant land in Cape Breton. This policy continued until 1784, when Cape Breton became a separate colony. The procrastination of the Imperial Government with respect to Louisbourg is further illustrated in a letter to George Cottnam of Louisbourg, Chief-Magistrate, from Richard Bulkeley, Lieutenant Governor, on 11 April 1772. Its instructions required "that the Inhabitants of Louisbourg shall not under any pretence whatsoever be disturbed in the possession or use of any Houses tenements or tracts of land now possessed or in use by them or of which they were in use or possession in the month of June 1771 until the pleasure of his Excellency the Govr. shall be further known". [46]

With this uncertain state of circumstances, it is of little wonder that Louisbourg declined in population. Complaints from the inhabitants were, apparently, frequent. A letter from Lord William Campbell instructed Captain Arthur Gould, on August 24, 1772, "with all convenient speed to repair to the town of Louisbourg and there to examine into the free state of all complaints inspeck [sic] the Public Buildings and take every measure you shall think necessary for his Majesty's Interest". Apparently he was to ascertain the validity of "diverse complaints" that had come from the town. [47]

The government's desire to control lands in Cape Breton is revealed significantly in the Council Minutes of 7 November 1774. Upon laying before the Council copies of several licences for the occupation of lands, houses, and fishing places granted in various places on the "Isle of Breton", the Governor of Nova Scotia proposed "that these Licences be resumed, and others granted yearly to such persons paying a yearly acknowledgement or rent to the government (fishing places excepted) according to a proper valuation of them". By this scheme, "the occupiers may be prevented from disposing by sale of any pretended right and other irregularities, as has been the practice hitherto". The council consented and agreed to the measure. [48]

In fairness to the government officials, it should be said that they were not opposed to settlement in Cape Breton or Louisbourg. In fact, their letters seem to indicate a desire to attract settlers to the island, especially Louisbourg. Instructions to George Cottnam, William Russell, and William Phips, Justices for Cape Breton, on June 20, 1774 refer to the "Houses in the Town of Louisbourg" and "several quantitys [sic] of improveable grasslands about the Town and places adjacent ... that may be of use and benefit to the Inhabitants of the said island, if a temporary use and improvement might be allowed them". In order to be of use, of course, the buildings at the Town had to be preserved.

The instructions explicitly ordered that "the publick buildings be carefully preserved from dilapidations, or the taking and carrying away any of the materials of any kind". Any offenders were to be prosecuted. A further indication of the consideration that the said officials extended to the Louisbourg inhabitants is revealed in their orders that a report be prepared indicating "the improvements in Grass lands and the Houses in and about Louisbourg, as they [will] be usefull to the Inhabitants now Settled." [49]

Coal remained a problem for the government. The Governor informed the Council on May 4, 1770 that he had received information from Louisbourg that some persons had dug several hundred chaldrons of coal at the mines at Cow Bay. A sufficient number of troops were ordered there and the Council advised that Mr. Cottnam, the Chief Magistrate at Louisbourg, be directed to proceed to Cow Bay and require all persons there to depart immediately. The troops then were to be placed by him into the barracks or houses there belonging to the kind, with orders to prevent any coal from being "dug or carried away" without the Governor's special order. It was also ordered that a proclamation be issued forbidding all persons to dig or carry away coals from Cape Breton. [50]

Imperial government instructions to Justices Cottnam, Russell, and Phips on June 26, 1774, ordered them "to prevent any coal business opened or unopened being brought in or any coals taken and carried from thence upon any pretence whatsoever". Any persons unlawfully digging coal were to be prosecuted. [51]

The coal mined was for the use of the Sydney and Halifax garrisons only. "During the American Revolution War the mines at Spanish River were used. There was a detachment of troops there in 1776, and ships of war were required to convey vessels carrying coal from Spanish River to Halifax". [52]

Louisbourg was used as a place for storage by the troops during 1776 and 1777. When the winter set in, in 1776, General Howe left orders that those "new men employed in raising the coal [for the garrison] must be continued for the season, and brought to Halifax before the winter sets in, leaving some few in charge of the coals, utensils, etc., which may remain there [Louisbourg] for want of shipping to transport them". [53]

In a letter dated July 6, 1774, Major General Massey gave orders that "all the coal, boats, Buildings, and utensils, that cannot be immediately removed", be placed "into the care of the Barracks Master at Louisbourg, to receive them, to report the particulars and the probability of their being secured". [54]

The fisheries were of great concern to government authorities, and effort seems to have been made to encourage them at Louisbourg; nevertheless, grants of land were not made. The concern for the Louisbourg fishery is shown in a latter of Lord Dartmouth to Governor Legge in 1775.

It has been represented to me that the clause in the Act to prevent waste and destruction of Pine and other Timber on Land reserved to the Crown, which directs that the Restrictions therein contained shall not intend to such firewood and underwood as are commonly used in the Fishery, and shall be within half a mile of the sea shore, is too general, and will have the effect to put the settlers at Louisbourg, established there for the purpose of carrying on the Fishery, under very great, if not insurmountable difficulties, there being no wood whatever in that neighbourhood within a much greater distance of the sea shore.

The encouragement of the fishery was certainly the great object of allowing Possession and Inhabitancy at that Place, and anything that can have the most distant operation to counteract that Principle, ought to be discouraged. You will therefore do well to reconsider that Act I cannot too strongly recommend a very particular attention to encouraging the Fishery at Lburg, and the not suffering the inhabitants of that Town who carry on Fishing, to be burthened [burdened] with any Imposition or subjected to any Rents or acknowledgements for their possessions there, beyond what was originally agreed upon at their first settlement.

Chief among those engaged in the fisheries was Lawrence Kavanagh of Louisbourg who was popular with English merchants and was deemed worthy of every encouragement possible. [55]

The act referred to, in the previous paragraph, for the protection of "Pine and other Timber" on Crown Lands seems to support the theory that the British viewed Cape Breton as a rich source of timber to be used in the shipbuilding and related industries and thus hesitated to lose control though the issuing of grants. A letter to Governor Legge describing the natural resources of Cape Breton concluded thus:

I am therefore of the opinion that the whole island of Cape Breton should be reserved for the purpose of preserving to His Majesty's use timber for shipbuilding and other purposes, this island being the nearest tract of land to England where such quantities of timber are to be procured and having many excellent harbours for the exportation. [56]

POPULATION AND OCCUPATION

The map and plan of 1768, showing the occupants of the Town of Louisbourg following the departure of the garrison on August 10 of that year, included a Mr. Wheeler, trader, who was then living in the old stone French jail [no. 124] in Block 2. A Mr. Townsend, late Deputy paymaster, was also in a stone house [no. 126] in Block 2. Mr. Dion, a French Pilot, occupied a wood dwelling [no. 113] in Block 3, and Mr. Keho, a fisherman, in the same block, inhabited a wood house in ruins. In Block 4, there were two wood houses occupied by French families. Another trader, William Phipps, Esq., occupied a wood house [no. 105] in that block, as did Matthew Roe [Rowe], trader [no. 108], and Mr. Kavanagh, merchant [no. 110] who also made use of a storehouse [no. 109]. Block 14 contained John Newman, blacksmith, in a wood house [no. 69], Wm. Russell, Esq., late Barrack Master in a wood house [no. 70], Roger English, a discharged Sergeant-Major to the 45th Regiment, owning one or possibly two wood buildings [no. 71]. Block 15 contained Edward Hare, a Tailor, in a wooden house [no. 74], and Lydia Thorpe in a wooden house [no. 78]. Block 16 contained Silvanus Howell, Mariner, in a wooden house [no. 82]. A wooden house in Block 17 [no. 73], was occupied by J.A. Strasbourger, Esq., late Town Adjt. Block 19 had, in wooden houses, a Mr. Diber, a discharged soldier [no. 59], and Mr. Freeman [no. 61]. Charles Martell, discharged soldier, occupied a house [no. 54] in Block 20. In Block 21, Mrs. Burton (a soldier's widow) occupied a wood dwelling [no. 43]. Mr. Cottnam (1st Magistrate of the Island) occupied a wood building [no. 33] in Block 34. North of Block 4, near the coast, were the wooden stables [no. 134] and dwelling place of Mr. Morthe [no. 135]. North of Mr. Morthe's home was a store occupied by Mr. Cottnam "for the use of the province" [no. 136]; north of this store were two wooden buildings in the possession of Mr. Russell [no. 137]. North of Morthe's stable was a wooden structure used by Mr. Russell. The male inhabitants, most of whom were probably heads of families, numbered twenty-two, although there may have been more. Also contained in Franklin's letter of 1768 was a list of those at Louisbourg who had made improvements but did not have actual titles to the land. The list included Thomas and Richard Wheeler, Thomas Mortho, John Moss, William Brimingion, Matthew Rowe, Gregory Townsend, and William Russell. The locations of these three to five acre lots, which had been fenced in, were in the North East Harbour, near the Grand Battery, or on the road leading to the Battery. It is only natural that lots of land were desired outside the confines of the fortress. The small area of the town, the ruins, and poor soil would necessitate the acquisition of other land if livestock were to be supported. [57]

The Dartmouth Papers contain an interesting document entitled "An Estimate of the Number of Familys [sic] in the Town of Louisbourg taken Sept. 8, 1772". Not only are population figures indicated but the numbers of the livestock each family had. It is interesting to note that Mr. Kavanagh, Mr. Russell, and Mr. Cottnam seemed to exceed the others not only by their livestock possessions but by their number of servants. The following is a reproduction of part of the document:

Another list in the same document records that 33 English families of Louisbourg shipped out 2,000 Quintals of fish from Cape Breton. [58] The above document is interesting not only because it gives an indication of those families still at Louisbourg by 1772, but because it gives an indication of their status in the town. The population figures, including servants, would indicate that 133 persons were inhabiting the Town of Louisbourg in 1772, with a total of 314 heads of livestock in their possession, which would have to be accommodated on the lands thereabout. The fishing and livestock figures would indicate that commerce must have been very vital to the community, and one need only look at the figures to reach the conclusion that Mr. Lawrence Kavanagh, Mr. William Russell, and Mr. George Cottnam were the influential trio around whom most of the business activity of the town revolved.

A chart among the Dartmouth Papers depicts the "State of the Town of Louisbourg with its Inhabitants, Number of Houses, Stores, and Shells of Houses not Repairable as well as the Grasslands near the Town" on July 11, 1774. This report sent to an official in England was prepared by Mr. George Cottnam, one of the main Louisbourg inhabitants.

The following is ... [based on] the 1774 chart. [59]

A description is also given after the chart of the grasslands between the Barrachois and West Gate. Mention is made of the Kennedies and Major Milward possessing grasslands. These are the only new names.

The Grass Lands between the West Gate and Baraswa [sic], as well as the Glacis, by Mr. Kavanagh, the Kennedies, and two more of the Inhabitants, is fenced in, as likewise most of the streets in the Town between the Baraswa and the Easter most part of the Grand Battery. I have Temporary Grant for, altho I never made any use of it, but left it for a Common [.] To the Eastward of that [.] Mr. Russell has some Land which bought from one Gerrot. There is adjoyining that about four hundred Acres of Land belonging to one Francis Wilde [.] Part of the Estate belonging to the late Mr. Deregrand a Frenchman, which he purchased in England, the next is Major Milward's Farm, and then Captain Antrobuses, who has been dead some year, Mr. Russell holds about Sixty Acres of Land where he had made Great Improvements in the Fishery way. This Sir is all the Grass Lands about the Town. There has been no Rents paid, nor demanded since 67.

Another 1774 chart, enclosed in a letter to Governor Legge to Dartmouth, is entitled, "A Return of the State of the Isle of Breton, October 17, 1774". It gives the sex, nationality, and religious breakdown of the population as well as livestock estimates. The Louisbourg population consisted of 23 men, 31 boys, 21 women, 37 girls [comprising the various families of the town], 29 men servants, and 4 women servants, making a grand total of 144, of which 71 were Protestants and 73 Roman Catholic; 77 were Irish, 56 English, and 11 French. The livestock consisted of 21 horses, 26 oxen and bulls, 50 cows, 61 young cattle, 85 sheep, and 124 swine. [60]

Comparison of these charts would indicate that the population increased slightly between August 1768 and 1772, and between 1722 and November 1774. It should be noted, however, that the increase in population in the latter case was only by eleven.

A close examination of the 1768 and 1772 charts reveals that the following were resident at Louisbourg on both dates: George Cottnam, William Russell, William Phipps, Thos. Wheeler, Laurence Kavanagh, Roger English, Thos. Keho, Edward Hare, John Newman, Charles Martell [Mortell], Elizabeth Kelly, widow [assuming that her deceased husband was Edward Kelly mentioned in 1768], James Townsend. Those inhabitants of 1768 who were not indicated by the 1772 chart as being residents by that date were Mr. Dion, Mr. Mortho, Matthew Roe [Rowe], Lydia Thorpe, Mrs. Burton, Silvanus Howell, J.A. strasbourger, Mr. Freeman [Truman], Mr. Diber. New names in 1772 were John Bath, James Murry, Dr. Michl. Head, John Frederick, Denis Kennedy, Timothy Connelly, Philip Groves, John Tucker, Mrs. Allen, Francis Deyoung, James Kelly, Ptrick Costoloe, Mrs. Kennedy (widow), James Kent, William Kennedy, David Burk, Walter Burk, Thomas Pelly, Francis Dixon, Ellias Gerrot, Terret Leister. The fact that only twelve of the 1768 inhabitants were present in 1772, and twenty-one were new residents might indicate that the population of Louisbourg was not extremely stable, but transient in nature.

An examination of the 1772 and 1774 (July 11) charts would substantiate a similar conclusion to the aforesaid. Those still residing in Louisbourg, according to the 1774 chart, were George Cottnam, William Russell, William Phips, Roger English, Thos. Wheeler, John Frederick, the Kennedies [on the grasslands in 1774], Thomas Keho, Edward hare, Widow Allen, Patrick Costello [Castoloe], and Laurence Kavanagh. Those names not mentioned on the 1774 chart were James Murry, Michl. Head [although he is mentioned in 1775 as holding land in Louisbourg by licence of occupation], John Newman, Elizabeth Kelly, Timothy Connelly, Philip Groves, Charles Martell, John Ticker, Francis Deyoung [a Baptist Deyoung is mentioned, however], James Kelly, James Kent, David Burk, Walter Burk, Thomas Pelly, Francis Dixon, James Townsend, Ellias Gerrot (he had sold his land to Russell by 1774), Terret Leister. New names were Andrew Eakins, Francis Wilde, Baptiste Deyoung(?), Catherine Baker, Thomas Cary, Elinr. Burton [may have been the widow Burton mentioned in the 1768 chart], Mary Jarvis, Mary Jones, and Major Milward. The November 1774 chart indicated a population somewhat larger than the July, 1774 one; however the November chart did not indicate that the population was only that living within the fortress confines as does the July 1774 chart.

A chart exists showing those persons in possession of lands in Nova Scotia by Licence of Occupation in 1775: George Cottnam, Mr. Gethings, Lawrence Kavanagh, William Russel and Michl. Head are the only names recorded for Louisbourg. Although there may have been other people at Louisbourg, apparently these were the only ones with licences of occupation. Consideration of the size of the land lots would suggest that their ownings included very much more than the Town. Examination of the licences indicated that most of these lots were not in the town. The following is a reproduction of the chart: [61]

Not only Louisbourg, but the whole island of Cape Breton, was suffering from a serious population shortage during 1768-1784, as a result of an unpopular land policy which discouraged the issuing of grants of land. Figures of population vary greatly (perhaps because of a transient population) but they give one an idea of the state of the island as a whole during these years. In 1768, the population was given as "395 and 700; in 1771 there were estimated to be 439 Acadians alone; in 1772 fifty-five English and seventy-one French families, apparently about 800 persons including servants, were reported; and this figure was accepted by Bulkeley a year later, although a return in the autumn of 1774 showed 1,012 Europeans and 230 Indians. The proportions of this last census [were] 304 English, 206 Irish, and 502 French ..." [62] (N.S., A 83, 109; Harvey, Holland's Survey, 95; Brown MS 19061, F.125; N.S. A88, 92; P.A.N.S.R., 1933, 34; N.S. A91, 104). Cape Breton had to await 1784 for any dramatic changes aimed at stimulating population growth.

It is the name, George Cottnam, that figures, perhaps, most prominently in the life of Louisbourg following 1760. As the population of the Town declined, Cottnam accumulated more and more offices. He seemed to have been considered by the Nova Scotia and Imperial authorities as the continuing inhabitant most worthy of positions of responsibility. Says Richard Brown in his History of the Island of Cape Breton: "Nothing can more strikingly illustrate the rapid decline of Louisbourg since the removal of the Governor in 1761, and annexation of the Island to Nova Scotia in 1763, than the accumulation of so many offices at Louisbourg in the hands of Mr. Cottnam". Cottnam was appointed Justice of the Peace on 24 January 1764; Judge of the Court of Common Pleas on 15 June 1764; Deputy to grant passports on 20 May 1766; Custodian of Fortifications and Public Buildings on 26 June 1768; Stipendary Magistrate on 10 August 1768; Navy Officer and Collector of Excise on 14 September 1768; Major Commandant of Militia on 5 September 1771; and Commissionaire for assessing taxes for support of the Militia on 5 December 1775. [63] Several of these offices, especially that of Collector at Louisbourg, to which he was commissioned on 20 January 1769, [64] brought him into conflict with Louisbourg inhabitants; most of these incidents have already received consideration. The nature of his duties were not such as to warrant popularity. Known for his vigor and despatch, Cottnam was chosen to undertake "The prosecution of those persons at Louisbourg indebted for Province duties".

It was also his duty "to inspect the dwelling houses and warehouses there, to let them for rent, and to sue for and demand all rents when due". He was also to keep the wharves in repair, and, in order to do this was to enact a fee of 2[/]6 from every vessel loading or unloading at any of the wharves. Further, no one could leave the island legally without getting a pass from him. [65] Cottnam was not without his faults; apparently not all the money he collected during his official duties found its way into the Treasury at Nova Scotia. An auditor's report [66] of the deficiencies in the Treasury of Nova Scotia from 25th June 1751 to May 6, 1775, included the name of "George Cottnam, Esq., Collector at Louisbourg" whose receipts for the several duties from 28th January 1764 to February 23, 1768 totalled £967:3:11½ and the payments into the Treasury only £222:16:4½, making £744:77 unaccounted for. Cottnam was assessed a fine of £131:3:8 3/4.

The plan of 1768, following the removal of the garrison, shows that at that time Mr. Cottnam occupied a wooden house in good condition [no. 33] situated in Block 34. He also occupied a store "for the use of the province" [no. 136] of wood construction, being in good repair, and situated near the coast, north of Block 4, near the stables of Mr. Mortho. On July 16, 1771, Governor Campbell granted to Cottnam a licence "To occupy the Dwelling House, Gardens and Fields which he now Occupies, also the Dwelling house and Store house lately possessed by Thomas Mortho, [no. 134, 135 on 1768 plan], Situated near the Coal Wharves at Louisbourg, and containing in the whole about five Acres, more or less, also a Tract of Land, beginning at the North Eastern part of the Grand Battery thence to Run North forty five degrees West, one hundred and ten Chains thence South forty five Degrees East Seventy Chains to the Barrisoi (sic) at the head of the Harbour of Louisbourg. These to be bounded by the ... several courses of the said Harbour to the bounds first mentioned, containing ... about six hundred Acres more or less. This Licence being granted in Consideration of long residence and services of George Cottnam at Louisbourg and to continue in force during His Majesty's pleasure". [67] The 1772 chart reveals that Cottnam had a wife, two children, three servants and enough livestock to indicate that he was far more prosperous than most of the inhabitants. The 1774 chart of Louisbourg shows that Cottnam on that date occupied one house, was in possession of two unoccupied houses, two repairable ones, and five shells of houses not repairable. He seems to have been one of the largest holders in the Town. Dr. D.C. Harvy suggests that Cottnam carried on as "first magistrate and general factotum" until the autumn of 1774, when his health broke down, and he was allowed to return to Halifax, where he died in 1780.[68] What Mr. Harvy suggests may be true, but the date, 1774, does not mark the last time George Cottnam's name is referred to in connection with Louisbourg. As noted previously, Mr. George Cottnam was one of the three Commissioners appointed in 1775 - the other two being William Russell and William Wheeler - for the purpose of carrying out an Act of Government "at Louisbourg for the whole Island including the Isle Madame. The Act in question was that for raising a tax on the Inhabitants of [the] Province for defraying the expence of maintaining and supporting the Militia of said Province and for the defence of the same". [69]

As late as August 17, 1777, the Lieutenant Governor was writing to "George Cottnam Esq., Chief Magistrate, Isle of Breton" at Louisbourg giving him directions with regard to the Town. [70] It would seem that Mr. Cottnam led a very active life up until the last few years before his death.

William Russell, Barrack Master, before the recall of the garrison, played a most important part in the 1760-1784 history of Louisbourg. He was one of the petition signers of 1766 who expressed their criticisms of the administration of Louisbourg. Russell served at Louisbourg as Justice of the Interior Court of Common Pleas [1765] and Justice of the Peace.[71] He held lots of land by licence of 1767: in the "north-east point of Louisbourg" sixty acres of rocky land; a lot in the "harbour of Menacheu" (sic); lots in "Little Bradore" with the adjoining gardens; and five hundred acres of land at "Bradore". He received these licences as a result of his improvements "at a very considerable expence" of some "Fish lots on the Isle of Breton". His action was approved by Colonel Tullekin, then commanding officer at Louisbourg, and later, when the "Island was annexed to the Government of this Province, the same was approved of by the late Governor Wilmot who promised him temporary grants herefor". [72]

The 1768 Franklin plan and Holland map show that Mr. Russell occupied a house of wood [no. 70] in Block 14, as well as three buildings of wood [no. 137, 138] north of the store occupied by Mr. Cottnam for the province, near the coast. On May 2, 1772, he received a licence from the Crown to "occupy a House at Louisbourg called the Major's House [no. 83, Block 16 on 1768 map] on the Parade. Also to Occupy a tract of land in the Harbour of little La Bradore called Indian Point and containing about One hundred Acres more or less". [73] The 1774 chart of Louisbourg shows Mr. Russell occupying two houses in the town and in possession of four storehouses belonging to the King. The 1772 charts reveal that Russell had a wife and one child, 19 servants, and a large number of livestock. All this would point to his being one of the wealthiest and most influential Town inhabitants. Apparently, after the breakdown of Cottnam's health, William Russell took over his chief duties, and "was the chief executive officer on the spot until 1784, when the island was made a separate colony". [74] Russell, as late as 1781, received instructions at Louisbourg from the Lieutenant Governor of Nova Scotia to "keep a watchful eye over all the Public Buildings and Materials belonging to the King on the Island of Breton, and that the Masters or owners of all boats or vessels coming to and going from the said Island to make a report to you of their cargoes and that they are not to be suffered to destroy any of the buildings nor to carry off any of the materials belonging thereto on any pretence whatever without directions from Government. And you are further to take care that no persons whatever possess themselves of any of the King's lands in said Island without permission first obtained from Government for that purpose." [75] We see that even by 1781 the government was still warily guarding the lands of Cape Breton and the trade flowing to and from there. It was the job of William Russell to assist in that policy - a somewhat ironic situation as Russell had been one of the complaining petitioners of 1766 who denounced the government's land policy so soundly.

Lawrence Kavanagh I, son of Moris, and a native of Waterford, Ireland, came to Louisbourg via Newfoundland in 1760. [76] There are conflicting accounts as to his wife. A.A. Johnston tells us that this merchant's wife was the former Margaret Farrell, while D.J. Rankin [77] reports that Kavanagh's wife was "Felicite" Le Jeune, widow of the barrack master of the French garrison of Louisbourg, who had been killed during the siege of 1758." Johnston suggests that Lawrence, Jr., the Kavanagh's second son [James was their first] was born in 1764, presumably at Louisbourg, for he was recorded to be seven years old in 1771, when Father Bailly visited the ruins of Louisbourg and supplied the ceremonies of baptism to him and to three younger members of the Kavanagh family - "Edward, Elizabeth and Marie". [Father Johnston's source is the Register of Father Bailly de Messeen, Archives of Paroisse S. Pierre-aux-Lievis, Caraquet, New Brunswick and thus seems quite reliable].

We find Lawrence Kavanagh's name among those angry Louisbourg petitioners of 1766, and in 1767 among "a list of inhabitants of Louisbourg who had been residents in that area for at least seven to eight years" and who had been granted licences of occupation by the Nova Scotia government for land to be used in the extension of the fisheries. Kavanagh and James Gethings apparently had five hundred acres between Little Saint Peters and Port Lewis for the purpose of the fisheries.[78] On the 1768 Franklin plan and Holland map "Mr. Kavanagh, Merchant" is shown as occupying a house of wood [no. 110] and a storehouse [no. 109] in Block 4. D.J. Rankin states that on the five hundred acres at Little St. Peters, Gethings and Kavanagh "had built a house, storehouse, stages and flakes, and had a large quantity of cattle". [79] On "November 19, 1771, [1772 corrected date]" Kavanagh was granted a licence to "Occupy during pleasure, a Wharfe commonly known by the Name of the Coal Wharfe at Louisbourg, Reserving to his Majesty at all times the Use of the said Wharfe". [80] Several other buildings at Louisbourg passed in Lawrence Kavanagh's possession in 1772. On this date the Lieutenant Governor of Nova Scotia, Richard Bulkeley, required the Chief Magistrate at Louisbourg, George Cottnam, to put "him [Lawrence Kavanagh] into possession of a store house at Louisbourg formerly occupied by said Lawrence Kavanagh adjoining to Mr. Roger English's [in Block 14(?)] and for which he did obtain licence of occupation from the Right Honble. Ld. William Campbell Governor of this Province dated July 6, 1769. Also the said Lawrence Kavanagh shall without any hindrance occupy and convert to his own use the remaining part of the frame of a House at Louisbourg known by the name of the Nunnery together with half an acre of land or thereabouts thereto adjoining and that you also put him into possession of the House called the Mess House." [81] The 1772 occupation chart reveals Kavanagh as perhaps the wealthiest man in the Town. He possessed 42 servants, 60 head of cattle, 10 horses, 30 sheep, and 50 pigs. These totals exceeded, in most cases, the collective total ownership of the rest of the town occupants.

Difficulties presented themselves for Lawrence Kavanagh as he came into conflict with local officials. The following extracts from the Minutes of Council of the Government of Nova Scotia bear witness to his involvement:

Nov. 29, 1773. "The Governor laid before the Council several charges and information taken on oath before George Dawson one of His Majesty's Justices of the peace, against Lawrence Kavanagh Merchant at Louisbourg, setting forth that he had at several times pulled down the Public Buildings there, and taken away Boards timer, iron, lead, and other materials, and carried them to his own dwelling and converted them to his own use.

And said Lawrence Kavanagh having been called on to answer the said charges, in his defence said that he had removed the several materials as set forth in the several charges but that he had converted them to the use of repairing several of the Public Buildings which were then in a ruinous Condition.

And the Governor ordered the aforesaid several charges and information to be referred to the Attorney General for his opinion thereon. [82]

At a Council holden at Halifax on the 8th December 1773, the Governor laid before the Council a Memorial of Lawrence Kavanagh Merchant and trader at Louisbourg, complaining and setting forth that Lieutenant Dawson of His Majesty's Navy, and commanding an armed vessell stationed at and about Louisbourg, had unjustifiably pressed seamen belonging to vessells, and that as a Judge of the Peace he had lately solicited and depositions of several persons to the testimony of many false and scandalous assertions tending to caluminate [the] Memorialist and hurt his Reputation.

And several papers in support of said charge having been produced by the Memorialist it was ordered that said Memorialist and Papers should be laid before Admiral Montague. [83].

7 November 1774: On Complaint made by Mr. Cottnam the Chief Magistrate of Louisbourg that several building materials had been moved from Louisbourg to St. Peters on the Isle of Breton by Mr. Lawrence Kavanagh also referring for further information to Mr. Hunter Commanding of His Majesty's Arm'd Vessell the Gaspee, together with a copy of a deposition to the fact. Ordered that the same be referr'd to the Attorney General to report thereon. [84]

No further complaints about Mr. Edward Kavanagh appear in the Council Minutes.

The 1774 chart of the Town of Louisbourg shows that Lawrence Kavanagh occupied three houses, and eight storehouses. He also possessed some grasslands between the "West Gate and the Baraswa [sic] as well as the Glacis" along with the Kennedies and two other inhabitants. His family consisted of a wife and six children.

Father Angus Johnston believes that the "elder Lawrence Kavanagh lost his life in 1774 in the shipwreck of one of his brigs while en route to Halifax. [85] While the circumstances of Lawrence Kavanagh's death may have been as above described, the date 1774 does not seem to be correct. A list of persons in possession of lands at Louisbourg by Licence of Occupation in 1775 includes the name of Lawrence Kavanagh. [86] A letter of 24 February 1775 from Lord Dartmouth to Governor Legge states:

I am informed that Mr. Lawrence Kavanagh is very largely concerned in the Fishery carried on from Louisbourg, and he is very much recommended by some of the principal merchants here trading in Nova Scotia. I am persuaded you will see the utility of granting him every reasonable indulgence in that branch of his business. [87]

No further references in this period are made to Edward Kavanagh and as later [1777] references seem to be to his son, James, perhaps Father Johnston's statement of Edward's death at sea may be justified. Johnston suggests that after the death of his father, James, the eldest son and his mother undertook "the task of carrying on his extensive business. With the outbreak of hostilities between American rebels and British troops, on 19 April 1775, colonial privateers began to plunder the stores of loyalist merchants, and because of this hazard the Kavanaghs left Louisbourg on 10 October 1777 and took residence at St. Peters". [88]

The Sydney Advocate in 1895 reminisces about Louisbourg thus:

During the American war of independence, privateers made Louisbourg one of their ports of rendezvous. Mr. Kavanagh whose descendents are now living at St. Peters and Sydney, did a large mercantile business. His trade with Spain was immense. His stores were raided several times by privateers, and goods and money taken. [89]

Further indication of the Kavanaghs' intention to leave Louisbourg in 1777 is found in the Public Letter Book of the Lieutenant-Governor, from which the following extracts have been taken. A letter [90] addressed to Mr. "George Cottnam, Esq., Chief Magistrate" on 18 August 1777 by the Lieutenant-Governor states:

The Lieutenant-Governor having been informed that Mr. Kavanagh intends very soon to quit the town of Louisbourg, you are therefore hereby directed to give him notice that he is not on any account to move or take away any part of any of the buildings whatever, otherwise he shall be prosecuted --

And as he has erected several fences and enclosures by which the Highways and Streets are obstructed, you are therefore to notify him to pull down and take away the same or in cases of failure they shall be taken away and removed as nuisances.

In reference to the same matter, a letter dated 17 September 1777, to Mr. James Kavanagh, from the Lieutenant Governor reads thus:

The Lieutenant Governor requires that immediately on the receipt of this letter you do deliver up to Mr. Russell all those Lands Houses and Stores which he occupies by leave from Government, and the Kings storehouses which you have possessed yourself of - That you do make an equal division of the lands you now possess with the inhabitants of Louisbourg under the inspection of Mr. Cottnam, and Mr. Russell.

And also that when you quit the town of Louisbourg you do deliver up to the Chief Magistrate all those Houses and stores which you occupy by leave from Government without the Least damage whatever, otherwise you will be made accountable for the damages they may sustain.[91]

With the removal of the Kavanaghs to St. Peters, an influential and powerful family was lost from Louisbourg.

Not much more is known of Louisbourg until 1784. There are some tales that were apparently passed down among the generations, contained in the 1895 Souvenir copy of the Sydney Advocate. The following are extracts from it concerning Louisbourg:

About twenty years after the second taking of Louisbourg, a small French vessell came into the harbour, and without lowering any sails, anchored off the Old Town. The boat was lowered and the crew rowed for the shore. In the stern sat an old man. They went directly to a house which had been left standing, and entering found nobody home but a woman. The old man went to the fireplace, and with a tomahawk drew some spikes out of the back of it, and took down a large square piece of flat iron, which was called by the old people the "stove plate", and in the space was exposed a large pot. He, assisted by the crew, hauled it out, and spreading a cloth on the floor poured the contents into it, which proved to be gold and silver coins. He then handed the woman the pot, and tying up his cloth with the treasure left the house as quickly and silently as he had entered. They rowed at once to the vessell, hoisted their anchor, and left the harbor. Years after the pot was in the Kennedy family, and people are now living whose mother told them she had often cooked food in it.

Speaking of the privateers that made Louisbourg one of their ports of rendezous during the American war of independence the Advocate says:

One day a privateer entered the harbour and shortly after a British frigate. The privateer anchored in a cove, as near the shore as possible, and thought the frigate would not discover them. At the Old Town lived a woman by the name of Mrs. Jones [perhaps this was the Mary Jones mentioned in the 1774 chart of Louisbourg occupying one house, two store houses, and supporting a family of nine]. The British went on shore and inquired from her if any privateers were or had been in the harbor lately. She replied by asking the question: "If you thought there was a ship in your house, wouldn't you search every corner?" They then rowed along the shore and discovered the privateers. Shortly after, another privateer came in, and went ashore to Mrs. Jones', and took her stocking of money and everything of value they could find. Also, [they] bent a gun they found in the house over a rock. After they left, her eldest son put the barrel of the gun in the fire to straighten it; the gun was loaded with powder and duck shot, and the charge went through his body, killing him instantly. Mrs. Jones left Louisbourg and people say some of her descendants are not living at Baddeck.

In reference to the crews of the privateers, the Advocate says that "they were very friendly, and never molested or did any damage, or took any cattle from the people who treated them respectfully. At that time the only inhabitants were - Slatterys, Townsends, Lorways, Kennedys, Kehoes and Tuttys". [92] Not all of these were in the Old Town but some were in West Louisbourg, or elsewhere around the harbour.