98 THE ROYAL SOCIETY OF CANADA 



showed him an appHcation from Hardy, which the Governor considered entitled to 

 priority. The Chief Justice was excessively urgent for his nephew, the Governor 

 was as strenuous for Hardy and appointed him. It is supposed by some that the 

 whole is political business, but I am convinced that what chiefly actuated the Gov- 

 ernor was his strict adherence to his word, for I am told he has declared that the 

 first applicant for any vacant office, if the person is capable and not immoral, shall 

 be appointed." 



Hardy retained the position until his death. His services were 

 especially valuable in connection with much of our early civic legisla- 

 tion. For years nearly all the acts and by-laws connected with the 

 Government of the City were drafted by his hand. He also filled the 

 offices of surrogate for the City and County of St. John and of Clerk 

 of the Court of Chancery. Meanwhile, he continued to build up a 

 large legal practice. 



The date of the incorporation of Saint John was the 18th of May, 

 1785, the second anniversary of the landing of the Loyalists. 



Carleton was rapped over the knuckles by Lord Sidney (not 

 severely) for venturing to grant a charter of incorporation to St. John, 

 without consulting the Home Government. He was asked to forward 

 a copy of the charter for the consideration of the King in Council. 

 The City Charter was confirmed by the Provincial Legislature at the 

 ensuing session. There was some correspondence with Lord Sidney 

 over the matter, but the act of Assembly was not disallowed by the 

 Crown. However, it was more than fifty years before any other city 

 in British America ventured to take the risk of seeking incorporation. 



The first provincial election in New Brunswick was held in 

 November, 1785, under an exceedingly liberal franchise, as we learn 

 from an announcement in the Royal Gazette, that "All males of full 

 age, inhabitants of the Province, that have resided three months 

 therein are entitled to their votes on this occasion." Hardy was 

 regarded as the leader of the democratic party in St. John, but to the 

 surprise of many of his friends he issued the following card: 



"Mr. Hardy returns his thanks to such of his friends as have been pleased to 

 declare their intention of voting for him at the election as a representative for this 

 City and County; but begs they will not reserve their votes, as he does not propose 

 offering himself as a candidate." 



The sequel, however, will appear in the following extract from 

 Sheriff Marston's diary, under date Thursday, November 17, 1785. 

 He writes at Miramichi: 



"To-day held an election for two members in the General Assembly. William 

 Davidson, an inhabitant of Miramichi, who has great influence over the people here, 

 many of them holding lands under him and many others being in his employ, was 

 chosen for one, and by the same influence Elias Hardy, an Attorney, an inhabitant 



