CHAPTER
        VII: 1850-1870 
                          
							By the Act of 1850,
        the possessors of Crown Leases in Louisbourg gained complete legal titles to their land.
        Although this may have spurred on settlement in the rest of the island, the time was past
        when Louisbourg could hold any fascination for settlers. Although a slow population growth
        took place on the northern harbor lands, it was not very great or inspirational. Lands in
        the Old Town changed hands many times, but most of the sales were to inhabitants already
        there or of the vicinity. It is also interesting to note that even in the early 1860's
        licences of occupation were still being issued for land in the Old Town. 
                          
							Writers, map makers,
        newspaper journalists, ministers - all took their turn in portraying the humiliation of
        Louisbourg - its descent to a common poverty-ridden, and lonely fishing post with its
        sparse grasslands fit only for a few lean and straggling remnants of sheep flocks. 
                          
							The Old Town and its
        surrounding area, bordering on the shores, found use as seasonal fishing posts. Many of
        those fishing folk desired only that any use of this land belonging to the Crown be
        continued in that state, free for their fishing purposes. They would not buy a lot of this
        land themselves, while they had free access to its fishing privileges, nor did they want
        others to purchase it. A petition of Louisbourg inhabitants on 17 March 1852, expressed
        the fishermen's desire to prevent one John Scott, merchant, from gaining legal right to
        territory on the rear of the Old Town. 
                          
                              
								... Your Petitioners
            have been lately informed, that Mr. John Scott, a Merchant of this place, has made
            application to your Excellency for a Water Lott or fishing stand at a place called White
            Point; in rear of the Old Town of Louisbourg which if granted to the said gentleman, will
            result in very serious loss to your petitioners, who have been in the habit of fishing
            there, since the year of eighteen-hundred and thirty-nine and where several of them have
            made and built several fishing Huts and various other fishing improvements. 
                              
								We your humble
            Petitioners therefore most graciously pray, that your Excellency will be pleased not to
            grant the said fishing stand to Mr. Scott or to any other private individual, but to
            reserve it for the use of the Public, and make it free to all fishermen, who may wish to
            resort there during the fishing season. 
                           
                          
							The signers, among
        whom we find the names of the Old Town inhabitants, were Joseph Kennedy, David Baldwin,
        James Spride, William A. Cryer*, William Cryer, Pierce Kennedy*, William Price, James
        Baldwin, Thos Baldwin, Georg Sharp Sener [sic], Thomas Sharp, Mitchel Sharp, Ths. Keho,
        John Phelan, John Cryer, Sen.*, John Cryer, Jr.*, John Nicoll, Solomon Townsend, William
        H. Townsend, Martin Phalan, Joseph Townsend, Thos. Dixon, James Townsend, Pholip Townsend,
        Charles Townsend, George Dixon, John Townsend, Alexander Townsend, Joseph Slattery,
        Fleming Cann, Isaac Townsend, Thos. F. Townsend, William Dixon. [187] [*
                          possessors of land in Old Town] 
                          There were
        expressions of hope for Louisbourg's revival in petitions, newspaper columns, and in
        letters of private citizens. One citizen of Toronto, S.J. Stratford, on the 16th November
        1852, wrote to the editor of The
        Cape Breton News explaining
        that the rivalry of Halifax with Louisbourg since 1749 existed because of the latter's
        more advantageous location and harbor. He saw Louisbourg as "intended by nature to be
        the terminus of all the railroads upon the American continent". He mourned for the
        once great fortress that was "now numbering but a few fishermen's huts". But, he
        saw such great things in store for Louisbourg as a railway terminal. 
                          
                              
								It will be found that
            the Cunard Line and British Government will stick to the harbor of Halifax as their point
            of departure, the Collins Line and British Government will build a Railroad to Louisbourg
            and use it as their point of landing, by which means they will gain an immense march upon
            their rivals. For example, should two steamers coming from the eastward, the one land her
            passengers at Louisbourg and despatch them by rail, while the other proceeds to Halifax,
            and there debarking them, forward them by similar means to the junction at Petticodiac, in
            New Brunswick; the first mentioned will arrive full eighteen hours in advance of the
            latter, a point of enormous importance in a commercial point of view, and one that shall
            again restore to the harbor and city of Louisbourg the vast importance and great commerce
            for which it was once so famous. [188] 
                           
                          Not only did
        Stratford write to the editor of a Cape Breton paper, but he felt compelled to write an
        article about the Old Fortress in the Canadian Journal. He
        described the place as one of "lonely desolation", where only ruins marked the
        grandeur of a former age. Of the ruins, he commented, "In one place we find the
        evident remains of an extensive brewery; in another of a considerable tannery; while the
        establishments for curing fish were certainly very numerous." 
							[189]  
                          The Cape Breton
        News 
                          The Cape Breton
        News in 1853, 15 October,
        carried an extract from the Halifax
        Church Times of a visit to
        Louisbourg by an unnamed personnage. It read: 
                          
                              
								On my return from
            Loran, I rode to the Peninsula of the Old Town, which is three miles distant from the
            Church. The Old French roads around the harbor and in the town still remain. In company
            with a party who were on a visit to Louisburgh from Sydney, I walked over the site of the
            fortification and town. An old resident of that part of Louisburgh of the name of Kennedy
            acted as guide. The spot for some distance is marked with evident traces of very strong
            fortifications and other remains. Some remains were very perfect. The bomb-proof cassines,
            and the arches beneath the citadel are still standing, and even now are of immense
            strength. Long lines of high but ruined walls, overgrown with grass and sods; and remains
            of out works and batteries are distinctly visible. The sites of the barracks,
            barrack-yard, and parade ground are also plain; and the site of the cathedral is pointed
            out. [He also refers to the area as "a scene of desolation"] ... In the space
            between the barracks and the parade was a solitary grave, covered with a stone slab,
            placed there to the memory of Lieut. Haldiman, of the 60th Regiment, who was drowned in
            the moat when skating on the ice, the 16th of November 1765. The inscription is quite
            plain ... 
                           
                          
							On a visit to the
        lighthouse on the north-eastern side of the harbor, in the charge of Lawrence Kavanagh,
        the visitor makes reference to "three cannon, 36 pounders, which belonged to the
        French", lying in the "crevices of the rocks below the lighthouse ... The
                          platform upon which they [the cannon] stood is still visible, and the spot where the
        furnace was placed for heating the shells. The rust and the chafing of the waters have
        worn the surface of these guns quite smooth; but they still remain apparently as whole as
        ever." [190]  
                          
							It is a member of the
        Kennedy family that this visitor makes reference to, interestingly enough, as the guide to
        the Old Town. 
                          
							Habitation does
                          not
        seem to have been one of the outstanding features of the site, as it fails to stir the
        visitor to comment, other than to refer to the desolation. 
                          
							A quarterly report to
        the Society of the Propagation of the Gospel from Rev. R.J. Uniake, Sydney, on 6 October
        1853, refers to the area of Louisbourg: 
                          
                            
                              
								On Saturday the 17th
            of the same month September, I set out again to visit another fishing settlement of this
            mission. The place was Louisbourg - the once celebrated fortified harbour of the French
            who a little more than 100 years ago held it with other parts of Cape Breton in their
            possession. A striking change is now exhibited. Sod-covered mounds, and ruined batteries
            are all that is left of the strong fortifications, which once defended this fine harbour,
            and instead of a town of 15 thousand inhabitants which was formerly
                              protected by them, no
            more than fifty houses appear scattered along the shores. The remains of the Old French
            roads still tell plainly that it was more once than a mere fishing settlement. A great
            number of the inhabitants are Roman Catholics; and about 15 families perhaps may be
            numbered amongst the members of the Church of England. [191] 
                             
                           
                          
							This depiction is not
        an encouraging one of the whole area. It emphasizes the lack of settlement and the descent
        to obscurity as a small unflourishing fishing post. 
                          
							A map of Louisbourg
        Harbor [192] by Commander J. Orlebar, R.N., dated 1857-8 shows the Louisbourg area and indicated
        buildings in the region. It would appear from this map that the old townsite had twenty
        buildings strung along what were probably at one time the Rue St. Louis and the Rue
        Royalle. One would suspect that many of these were remains of the Old French buildings,
        for reports from writers of the time do not indicate such a number of new buildings. A map
        of seven years later, as will be seen, does not indicate a number such as twenty as being
        inhabited houses. If this is not the explanation, then the number of buildings indicated
        on this map is difficult to understand. 
                          
							There are not more
        than fifty buildings shown on the lots around the entire harbor. This number would seem to
        be in line with that reported by Rev. R.J. Uniake in 1853. 
                          
							Frederick S. Cozzens'
        account of the area in 1859 does not suggest such habitation, although one might suspect
        that his report of the lack of habitation is carried to an extreme. The colorful prose of
        Mr. Cozzens states: 
                          
                              
								Neither roof nor
            spire remains now; nor square nor street; nor convent, church, nor barrack. The green turf
            covers all; even the foundations of the houses are buried. It is a city without an
            inhabitant ... with no signs of life visible within these once warlike parapets except the
            peaceful sheep grazing upon the very brow of the citadel ... There are about a dozen
            fishermen's huts on the beach outside the walls of the old town of Louisburgh [sic].
                              [193] 
                           
                          
							Rev. D. Honeyman
        visited Louisbourg in 1861 and, although he does not comment on habitation, he does refer
        to the casemates in the Old Town. The reference gives some indication of the use to which
        much of the land was put. The frequently mentioned sheep, which seemed to inhabit much of
        the land, apparently had rather unique abodes, according to the following report: 
                          
                              
								In September 1861 I
            visited Louisbourg, shortly after it had been visited by Prince Napoleon ... Here are what
            is styled remains of the Bomb proof vaults; There are three of them which were used as
            sheep pens, sheep taking shelter there and making an organic deposit. There are evidently
            portions of the casemates which I have indicated from ... [a] plan as forming part of the
            King's Bastion or Citadel. [194] 
                           
                          Abraham Gesner in the
                          Canadian Journal,
                          [195]
                          1862, gave a brief description of the
        ruins and pinpointed habitation on the Fortress as consisting of six fishermen's families: 
                          
                              
								The city is now
            occupied by six families of poor fishermen; two stories of the hospital remain, as do the
            foundations of the Governor's house and other public buildings, with much of the massive
            masonry of the bomb-proofs and bastions. Had Louisbourg continued to exist up to the
            present time, its abandonment would not yet have been less certain, for the sea flows
            within its walls and overflows sites that were formerly inhabited. Its submission is plain
            and distinct ... The higher parts of the fortress afford shelter for sheep; but each
            succeeding tide flows freely onto the northern side of the deserted city. The lands
            westward also bear testimony to an extensive submergence. 
                           
                          
							Gesner's point of the
        sea submerging areas of the old city is interesting and, as he indicated, made portions of
        the site an uncertain and unfit spot for habitation. 
                          
							Richard John Uniacke
                          [196] during a tour of Cape Breton between 1862 and 1865 saw Louisbourg as a desolate area of
        "ruined batteries" and "sod-covered mounds". Habitation was not such
        as to arouse comment. 
                          
							Similar was the
        reaction of E. Frame in 1864, who referred to "grass grown mounds ... a few
        disjointed arches and broken casemates ... crumbled gates and unrecognized streets ... and
        a few broken rusty implements of siege and defence" as the "only relics of the
        once proud fortress". She saw only green turf, covering what was once a populous
        city, and "sheep quietly cropping the herbage on the glacis".
                          [197] 
                          
							Fortunately, a much
        more factual and informative source is available to depict Louisbourg at this time. A Mr.
        Church constructed for this area various plans of town and villages in Cape Breton.
                          [198] His
        1864 plan of the district of Louisbourg is very valuable, showing the habitation all
        around the harbor. Within the Old Town, six buildings are indicated - four near the
        junction of the Main Road "and King Street [so called], and two near the southern end
        of King Street. The names given for each of the buildings were J. Kelly, W. Power, D.
        Kennedy, T. Kennedy, J. Cryer, J. Price. The name M. Slattery appears, but no
        corresponding house. It may have been that while he owned land there he resided elsewhere.
        The map would suggest that his residence was in North-West Louisbourg. Just outside the
        walls a house is indicated as belonging to M. Pope, and on the shore, four or five fish
        stores on the back of them. The Kennedies, Powers, Prices, Cryers, and Slatteries are all
        names that previous documents have mentioned in regard to Louisbourg (Old Town). This map,
        thus, gives the most lucid and accurate information for this era. 
                          
							A very general
        description by John MacMullan in 1868, states: " ... Although the harbor still
        affords shelter from storms, a few hovels only mark the spot which so much treasure was
        expended to fortify ...". [199] 
                          
							J.G. Bourinot,
        writing about the site in 1868, gives a much more complete description, illustrating the
        poverty of the inhabitants and the unproductivity of the soil. 
                          
                              
								The form of the
            batteries is easily traced, although covered with sod and a number of bomb proof
            casemates, or places of retreat for the women and children in the case of siege, are still
            standing ... A person who dwells near the old town told me that he had recently dug up an
            old cellar full of cannon balls. 
                              
								The country
            surrounding the harbor is exceedingly barren and uninteresting, and the houses, which are
            scattered about at distant intervals, are of poor description; whilst the small farms in
            the vicinity do not appear to be at all productive ... It is certainly strange that
            Louisbourg, notwithstanding its great advantages as a port, should have remained so
            entirely desolate since it fell into British hands. Whilst other places, without its
            natural facilities for trade, and especially for carrying on the fisheries have grown up,
            the world has passed by Louisbourg, and left it in a state of almost perfect solitude. A
            few hovels now occupy the site of the old town... [200] 
                           
                          
                           
                          
						LAND
        TRANSACTIONS 
                          
							Land
        changed hands occasionally at Old Town, but usually conveyances were to relatives or
        inhabitants of the area. A judgment dated 10 December 1852, was recorded against Richard
        Power by Philip S. Dodd for £11 12s 10d. This judgment was assigned by Philip S. Dodd to
        William Cryer by instrument on 22 January 1855. [201] On 26 May 1853 Richard Power,
                          yeoman, and
        his wife Ellen [Kennedy], probably in order to meet their debts, to William A. Cryer,
        trader transferred: 
                          
                              
								All
            that certain piece or parcel of land situated at the South western side of Louisbourg
            Harbour and commencing at the eastern corner of a certain piece of land deceded to the
            said William A. Cryer by the said Richard Power and Ellen his wife on the 20th day of
            April, 1840 and running along the Road east eighty degrees southerly along the Road twenty
            feet thence north ten degrees eastwardly down to the water's edge thence along the shore
            north westwardly twenty feet or to the boundary of the said William A. Cryer ...
                              [202] 
                           
                          
							On 3
        April 1853, Richard and Ellen Power conveyed to their four children - William Power,
        Margaret Power, Mary Kelly [wife of John Kelly] and Ann Power - "All the land,
        property and livestock possessed by him at Louisbourg with houses and buildings (etc.]
                          [203] ..." 
                          
							By
        deed dated 11 September 1856, Hestor Kennedy [unmarried] conveyed to Mary Kelly [Power]: 
                          
                              
								All
            that certain lot of land situate on the south side of the south west arm of Louisbourg
            Harbour ... now in the possession of Mary Kelly and is situate and bounded as follows:
            Southerly by a lot of land now in the possession of Richard Power and northerly by the
            Harbour of Louisbourg aforesaid, commencing at the head of a lot of land owned and
            possessed by the aforesaid Hestor Kennedy and running south easterly 100 feet; thence
            north easterly till meeting the shore. [204] 
                           
                          
							The
        year 1857 saw judgments issued against Richard Power, William Power [his son], and Dennis
        Kennedy by John Scott. This Dennis Kennedy, on the death of his brother, Pierce Kennedy
        [the 2nd], around 1850, being the only son of the family of Pierce Kennedy Senior left on
        the property, took charge of the homestead and worked the farm. His own family consisted
        of five sons - George, Patrick, Dennis, Pierce, and Theobald - and six daughters - Mary,
        Ellen, Caroline, Ann, Johanna and Kate. Pierce died intestate and unmarried; George, who
        absconded in 1869 to the U.S.A., married there and never returned; Theobald, who died
        later, left his interest to his sisters, Ann and Caroline; Patrick, who married and
        settled on land adjoining that of Dennis, had one son, Pierce, who later lived in Sydney;
        Dennis, Caroline and Ann remained on the homestead with their father until his death in
        1882; Mary, who married G. Gallant, moved away; Ellen died intestate and unmarried;
        Johanna seems to have married Michael Pope Senior, and Kate, on marrying J. Shaw, moved
        away. 
                          
							A
        John Kennedy sold a lot of land near the region of the West Gate, but for the most part
        outside the walls. He sold this land by deed dated 10 March 1860 to William Cryer and John
        Cryer, Jr., both of Louisbourg. [205] 
                          
							Another
        interesting document is a licence of occupation issued to the Kennedys on 30 September
        1861 by the Crown. 
                          
                              
								Whereas
            application has been made to us by Dennis Kennedy, Junr., George Kennedy, Patrick Kennedy
            and Theobald all of Louisbourg ... Farmers (sons of Dennis Kennedy) for licence to occupy
            a lot of land containing fifty acres more or less on the South Western side of Louisbourg
            Harbour, ... [the Crown has] given and granted ... unto the said Dennis Kennedy Jr.,
            George Kennedy, Patrick Kennedy, and Theobald Kennedy their heirs and assigns Licence and
            permission to occupy during pleasure the lot of land aforesaid which is bounded as
            follows: Beginning at high water mark on the shore of the harbour aforesaid at the West
            Gate of entrance into the Old Town, thence running south fourteen degrees, west twenty
            seven chains and forty-seven links thence running South 47o East 10 chains and
            75 lks; thence North 16o East 1 chn. & 50 lks, thence North 51 West 2 chs.
            ? 46 lks. thence North 6o East 3 chs. & 27 links thence South 76o
            East 7 chs. & 76 lks. thence South 40o East 10 chs. thence
            North 60o East 7 chs. thence North 7o East 4 chains to a
            stake on the shore aforesaid, thence Westerly by the said shore at high water mark to the
            place of beginning. Reserving hereout a lot of one chain square to William Cryer. And also
            it is to be understood that this Licence is not transferable except by laws of the
            government otherwise to be void. [206] 
                           
                          
							A
        plan accompanies this licence showing the area concerned in the Old Town.
                          [207] 
                          
							The
        elder Dennis Kennedy died intestate about 1867; Hester, his sister, also died about that
        time, intestate and unmarried. Their interest therefore descended to the living children
        of the former [Dennis Kennedy] and the Powers [Ellen, wife of Richard Power, was a sister
        of Dennis and Hester]. William A. Cryer who had obtained some of the old Kennedy land from
        the Powers also died, around 1860, leaving as his heir his one daughter Elizabeth, wife of
        James Price, by whom she had two sons, Philip and Lawrence. [208] 
                          No other major land
        transactions seem to have taken place in the Old Town in this era. By 1870, these families
        that seem to have had their homes on the property were the Kennedys, Powers, Cryers,
        Kellies, and Prices. Other owners do not seem to have lived on their property in Old Town. 
                          
                            
                           
                          
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