Judge Nathaniel Pettit, III

PETTIT (Petit), NATHANIEL, office holder and politician; b. 12 June 1724 in Sussex County, N.J., son of Nathaniel Pettit and Elizabeth Heath; m. 26 Feb. 1747 Margaret McFarland, and they had one son and six daughters; d. 9 March 1803 in Ancaster, Upper Canada. Nathaniel Pettit’s forebears emigrated in 1630 from Essex, England, to the area around Boston, Mass. The family eventually dispersed, some members settling in New Jersey where in Sussex County Nathaniel achieved financial security and legal prominence prior to the American revolution. He owned two valuable mills and in 1766 was appointed judge in the county Court of Common Pleas. In 1768 his personal standing in the community rose further with his election as one of the two members returned for the county to the provincial legislature. But his success, at a time when officials appointed by Britain came to be feared and distrusted, ultimately worked against him. Initially Pettit was sympathetic to colonial grievances; in 1774 he was appointed at a county meeting to a ten-man committee to oppose taxation without representation and to support the suspension of imports from Britain. But on 12 Jan. 1776 he was brought before the provincial committee of safety for refusing to pay taxes levied by the revolutionary congress. He was fined and stripped of his judicial appointment, which precipitated an open declaration of his loyalty. Approaching his mid fifties, he was not physically able to join a loyalist corps, but with the aid of a former fellow member of the legislature, Joseph Barton, in late 1776 he raised a battalion of 500 men. Pettit, “lame and infirm,” remained in Sussex County where his assistance to “the friends of Government . . . exposed him to the worst treatment” from the rebels. Imprisoned from 4 April 1777 to 28 May 1778, he obtained his liberty only by paying heavy fines and taking out large bonds for his future behaviour. Pettit estimated these losses “at a very moderate computation” to be in excess of £1,000. Moreover, when he left the United States he had to sell his mills and lands for less than half their value. Although he pressed his “well attested” case before the loyalist claims commission, it “was attended with no effect.” With several friends he left his home and arrived in the Niagara area of Quebec in 1787 “to solicit a settlement where he may enjoy that Liberty and comfort so amply secured by the British constitution.” He received a grant of 700 acres, and in 1794 another 1,300. His lands were located in Saltfleet, Grimsby (North and South Grimsby), Burford, Ancaster, and Aldborough townships. On 24 July 1788 Lord Dorchester [Guy Carleton] established four new administrative districts in what was to become Upper Canada. The chief institutions in the new districts were the land board and the Court of Common Pleas; Pettit’s appointment to both on 24 Oct. 1788 in the Nassau District reflected his pre-revolutionary prominence. He served on the land board with John Butler*, Robert Hamilton, Benjamin Pawling, and John Warren, and also was a member of its successor, the land board of Lincoln County, established on 20 Oct. 1792. The other officials sitting on the district court were Hamilton, Pawling, and Peter Ten Broeck. The board settled matters of land title and the court handled questions of debt. Neither concern was crucial to Pettit’s interests and his attendance was sporadic: he was present at only 9 of 36 sessions of the land board between 26 Oct. 1789 and March 1792 and 4 of 23 sessions of the court between 28 Oct. 1788 and 10 April 1794. The court was abolished by act of the provincial legislature in July 1794 and the land board by order in council the following November. Pettit was a justice of the peace from 19 June 1789; his last commission was dated 1 April 1803, several weeks after his death. He was named to the first Heir and Devisee Commission for the Home District on 19 Oct. 1797 and reappointed on 21 July 1800 for Lincoln County. He did not attend any of the three meetings between 1 Oct. 1800 and his death. Pettit’s stature is perhaps best reflected by Dorchester’s recommendation of him on 15 March 1790, on the advice of Sir John Johnson*, as one of eight legislative councillors for the intended province of Upper Canada. Of those commissioned on 12 July 1792, five were selected from this 1790 list. For whatever reason, possibly because of advanced age, Pettit was rejected on the suggestion of Lieutenant Governor John Graves Simcoe. However, on 27 Aug. 1792 he was elected for the riding of Durham, York, and 1st Lincoln to the first parliament of the new province. The records for this period are fragmentary and it is not known how he participated in the affairs of the assembly. He was succeeded in the second parliament by Richard Beasley*. Pettit did not live long enough to accumulate much more than the land he had been granted. In fact, between 1800 and 1802 he sold off substantial portions of it, mostly to his sons-in-law. In his will he left the remainder to his five surviving daughters and £80 to his son-in-law Lawrence Lawrason, a successful London merchant. In some ways the British government had compensated Pettit for his losses; however, his advancing years did not allow him to rebuild his life to its former eminence. In collaboration with Bruce A. Parker AO, MU 2100, 1798, no.1, Robert Hamilton to Nathaniel Pettit, 31 Oct. 1797; RG 1, A-I-6: 1010–11; A-II-5, 1, Niagara District reports, 1800–3; C-I-9, 1; C-IV, Ancaster Township; Grimsby Township, concessions 1 and 2, lot 9; Saltfleet Township, concession 1, lot 9; concession 2, lots 5–6. Brant Land Registry Office (Brantford, Ont.), Abstract index to deeds, Burford Township: f.147 (mfm. at AO, GS 1822). MTL, U.C., Court of Common Pleas, Nassau District, minutes. Niagara North Land Registry Office (St Catharines, Ont.), Abstract index to deeds, Grimsby Township: ff.8, 18 (mfm. at AO, GS 1914). PAC, MG 23, HII, 18 (photocopies); RG 1, L3, 418: P misc., 1800–56/95–96; RG 68, General index, 1651–1841: ff.249–50, 402, 407, 410, 412, 535, 631. Wentworth Land Registry Office (Hamilton, Ont.), Abstract index to deeds, Ancaster Township: ff.190, 235, 270 (mfm. at AO, GS 1395). “Board of land office, District of Hesse,” AO Report, 1905: 132, 211. “United Empire Loyalists: enquiry into losses and services,” AO Report, 1904: 982. Corr. of Lieut. Governor Simcoe (Cruikshank), 1: 10–11; 4: 347–49. “Loyalist and pioneer families of West Lincoln, 1783–1833,” comp. R. J. Powell, Annals of the Forty ([Grimsby, Ont.]), no.7 (1956). Pearl Wilson, “Nathaniel Pettit,” OH, 32 (1937): 192–202.

Notes Note:

Below is a transcription of the article on Judge Pettit in theDictionary of Canadian Biography-

"Pettit (Petit), Nathaniel, office holder and politician; b.12 June 1724 in Sussex County, N.J., son of Nathaniel Pettit andElizabeth Heath; m. 26 Feb. 1747 Margaret McFarland, and they had one sonand six daughters; d. 9 March 1803 in Ancaster, Upper Canada. Nathaniel Pettit's forebears emigrated in 1630 from Essex, England, tothe area around Boston, Mass. The family eventually dispersed, somemembers settling in New Jersey where in Sussex county Nathaniel achievedfinancial security and legal prominent prior to the American revolution.He owned two valuable mills and in 1766 was appointed judge in the countyCourt of Common Pleas. In 1768 his personal standing in the communityrose further with his election as one of the two members returned fromthe county to the provincial legislature. But his success, at a time whenofficials appointed by Britain came to be feared and distrusted,ultimately worked against him. Initially Pettit was sympathetic to colonial grievances; in 1774 he wasappointed at a county meeting to a ten-man committee to oppose taxationwithout representation and to support the suspension of imports fromBritain. But on 12 Jan. 1776 he was brought before the provincialcommittee of safety for refusing to pay taxes levied by the revolutionarycongress. He was fined and stripped of his judicial appointment, whichprecipitated and open declaration of his loyalty. Approaching his mid fifties, he was not physically able to join aloyalist corps, but with the aid of a former fellow member of thelegislature, Joseph Barton, in late 1776 he raised a battalion of 500men. Pettit, "lame and infirm," remained in Sussex County where hisassistance to "the friends of Government ... exposed him to the worsttreatment" from the rebels. Imprisoned from 4 April 1777 to 28 May 1778,he obtained his liberty only by paying heavy fines and taking out largebonds for his future behaviour. Pettit estimated these losses "at a verymoderate computation" to be in excess of Đ1000. Moreover, when he leftthe United States he had to sell his mills and lands for less than halftheir value. Although he pressed his "well attested" case before loyalistclaims commission, it "was attended with no effect." With several friends he left his home and arrived in the Niagara area ofQuebec in 1787 "to solicit a settlement where he may enjoy that libertyand comfort so amply secured by the British constitution." He received agrand of 700 acres, and in 1794 another 1,300. His land were located inSaltfleet, Grimsby (North and South Grimsby), Burford, Ancaster, and Aldborough townships. On 24 July 1788Lord Dorchester [Guy Carleton] established four new administrativedistricts in what was to become Upper Canada. The chief institutions inthe new districts were the land board and the Court of Common Pleas;Pettit's appointment to both on 24 Oct. 1788 in the Nassau Districtreflected his pre-revolutionary prominence. He served on the land boardwith john Butler, Robert Hamilton, Benjamin Pawling, and John Warren, andalso was a member of its successor, the land board of Lincoln County,established on 20 Oct. 1792. The other officials sitting in the districtcourt wee Hamilton, Pawling and Peter Ten Broeck. The board settledmatters of land title and the court handled questions of debt. Neitherconcern was crucial to Pettit's interests and his attendance wassporadic; he was present at only 9 of 36 sessions of the land boardbetween 26 Oct. 1789 and March 1792 and 4 of 23 sessions of the courtbetween 28 Oct 1788 and 10 April 1794. The court was abolished by act ofthe provincial legislature in July 1794 and the land board by order incouncil the following November. Pettit was a justice of the peace from 19June 1789; his last commission was dated 1 April 1803, several weeksafter his death. He was named to the first Heir and Devisee Commissionfor the Home District on 19 Oct. 1797 and reappointed on 21 July 1800 forLincoln County. He did not attend any of the three meetings between 1Oct. 1800 and his death. Pettit's stature is perhaps best reflected byDorchester's recommendation of him on 15 March 1790, on the advice of SirJohn Johnson, as one of eight legislative councilors for the intendedprovince of Upper Canada. Of those commissioned on 12 July 1792, fivewere selected from this 1790 list. For whatever reason, possibly becauseof advanced age, Pettit was rejected on the suggestion of LieutenantGovernor John Graves Simcoe. However, on 27 Aug. 1792 he was elected forthe riding of Durham, York, and 1st Lincoln to the first parliament ofthe new province. The records for this period are fragmentary and it isnot known how he participated in the affairs of the assembly. He wassucceeded in the second parliament by Richard Beasley. Pettit did not live long enough to accumulate much more than the land hehad been granted. In fact, between 1800 and 1802 he sold off substantialportions of it, mostly to his sons-in-law. In his will he left theremainder to his five surviving daughters and Đ80 to his son-in-lawLawrence Lawrason, a successful London merchant. In some ways the Britishgovernment had compensated Pettit for his losses; however, his advancingyears did not allow him to rebuild his life to its former eminence. ~~~~~~~~~~~~~~ From Ivan Smith;

BIOGRAPHY: "The Pettit family were divided in their loyalties during theRevolutionary War. Nathaniel Pettit was a true Loyalist. He was appointedby Governor Franklin of New Jersey to a county judgeship in the court ofCommon Pleas. He was among the first four to be so honoured during thereign of George III. He held this judicial office until the royalauthority was suspended in New Jersey by the adoption of the U.S.constitution. Two years before this (1774) a meeting of Sussex Countyfreeholders was held and resolutions were passed opposing taxationwithout representation and favoring the suspension of imports from GreatBritain. In this committee was Judge Pettit.

BIOGRAPHY: "However, when peaceable protest was abandoned and rebellionbegan to rear its ugly head, Nataniel Pettit would have none of it andopenly avowed his British preference. Thereafter he found himself facingthe New Jersey "Committee of Public Safety"--a revolutionary tribunal.This was on 12 January 1776, and for refusal to pay taxes levied by therebel congress, Nataniel was fined, disarmed and deprived of his judicialoffice. Joseph Barton, who had sat as Pettit's fellow member of the NewJersey House of Assembly, was of like mind and he also declared for theKing and took command of the first N.J. Battalion. Unfortunately Bartonwas captured by the insurgents on Staten Island in 1777. NathanielPettit, being lame and therefore unfit for military service, was assignedto other duty. His commission was to summon the inhabitants of SussexCounty and have them renew their oath of fidelity to "their lawfulsovereign, King George 111" and in company with Barton and Allison, toenrol a force of 500 Loyalists to serve during the period of theRebellion--being careful that all Volunteers or Detatched Men are Youngand Healthy and Strong. After the Americans had overturned the King'sauthority and their independence had been acknowledged by Great Britian,Nathaniel with other Loyalists, came to Canada. During this period ofrevolt Nathaniel was persecuted in many ways. His property was notconfiscated but people were forbidden to have any dealings with him,consequently on leaving his property was sacrificed at half its value.His reward in Upper Canada was being given 2000 acres of land in variousparts of the Niagara Peninsula.

BIOGRAPHY: "Nathaniel Pettit was active in public affairs in Upper Canadaand his name appears on many Land Board certificates. He was commissionedas a Justice of the Peace for the District of Nassau in 1788. IN August1792 he was elected to the first Legislative Assembly, wich convened atNewark. He was elected to represent Durham, York and First Lincoln.

BIOGRAPHY: "Nathaniel's last years were spent in the Ancaster districtwith other members of his family. His granddaughter (Nancy Gordon)married Benjamin Smith, and when the old fellow passed away Benjaminhelped in taking his remains back to the Forty for burial. The plot wasthe first burying ground at The Forty Mile Creek (Grimsby) which waslater abandoned."

Sources [S134] Annals of The Forty, The Grimsby Historical Society, (Loyalist and Pioneer Families of West Lincoln, 1783 - 1833), V.5, p.13; V.7, p.32,43-46, 22 Sep 2006.

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PETTIT (Petit), NATHANIEL, office holder and politician; b. 12 June 1724 in Sussex County, N.J., son of Nathaniel Pettit and Elizabeth Heath; m. 26 Feb. 1747 Margaret McFarland, and they had one son and six daughters; d. 9 March 1803 in Ancaster, Upper Canada.

Nathaniel Pettit’s forebears emigrated in 1630 from Essex, England, to the area around Boston, Mass. The family eventually dispersed, some members settling in New Jersey where in Sussex County Nathaniel achieved financial security and legal prominence prior to the American revolution. He owned two valuable mills and in 1766 was appointed judge in the county Court of Common Pleas. In 1768 his personal standing in the community rose further with his election as one of the two members returned for the county to the provincial legislature. But his success, at a time when officials appointed by Britain came to be feared and distrusted, ultimately worked against him.

Initially Pettit was sympathetic to colonial grievances; in 1774 he was appointed at a county meeting to a ten-man committee to oppose taxation without representation and to support the suspension of imports from Britain. But on 12 Jan. 1776 he was brought before the provincial committee of safety for refusing to pay taxes levied by the revolutionary congress. He was fined and stripped of his judicial appointment, which precipitated an open declaration of his loyalty. Approaching his mid fifties, he was not physically able to join a loyalist corps, but with the aid of a former fellow member of the legislature, Joseph Barton, in late 1776 he raised a battalion of 500 men. Pettit, “lame and infirm,” remained in Sussex County where his assistance to “the friends of Government . . . exposed him to the worst treatment” from the rebels. Imprisoned from 4 April 1777 to 28 May 1778, he obtained his liberty only by paying heavy fines and taking out large bonds for his future behaviour. Pettit estimated these losses “at a very moderate computation” to be in excess of £1,000. Moreover, when he left the United States he had to sell his mills and lands for less than half their value. Although he pressed his “well attested” case before the loyalist claims commission, it “was attended with no effect.” With several friends he left his home and arrived in the Niagara area of Quebec in 1787 “to solicit a settlement where he may enjoy that Liberty and comfort so amply secured by the British constitution.” He received a grant of 700 acres, and in 1794 another 1,300. His lands were located in Saltfleet, Grimsby (North and South Grimsby), Burford, Ancaster, and Aldborough townships.

On 24 July 1788 Lord Dorchester [Guy Carleton] established four new administrative districts in what was to become Upper Canada. The chief institutions in the new districts were the land board and the Court of Common Pleas; Pettit’s appointment to both on 24 Oct. 1788 in the Nassau District reflected his pre-revolutionary prominence. He served on the land board with John Butler*, Robert Hamilton, Benjamin Pawling, and John Warren, and also was a member of its successor, the land board of Lincoln County, established on 20 Oct. 1792. The other officials sitting on the district court were Hamilton, Pawling, and Peter Ten Broeck. The board settled matters of land title and the court handled questions of debt. Neither concern was crucial to Pettit’s interests and his attendance was sporadic: he was present at only 9 of 36 sessions of the land board between 26 Oct. 1789 and March 1792 and 4 of 23 sessions of the court between 28 Oct. 1788 and 10 April 1794. The court was abolished by act of the provincial legislature in July 1794 and the land board by order in council the following November. Pettit was a justice of the peace from 19 June 1789; his last commission was dated 1 April 1803, several weeks after his death. He was named to the first Heir and Devisee Commission for the Home District on 19 Oct. 1797 and reappointed on 21 July 1800 for Lincoln County. He did not attend any of the three meetings between 1 Oct. 1800 and his death.

Pettit’s stature is perhaps best reflected by Dorchester’s recommendation of him on 15 March 1790, on the advice of Sir John Johnson*, as one of eight legislative councillors for the intended province of Upper Canada. Of those commissioned on 12 July 1792, five were selected from this 1790 list. For whatever reason, possibly because of advanced age, Pettit was rejected on the suggestion of Lieutenant Governor John Graves Simcoe. However, on 27 Aug. 1792 he was elected for the riding of Durham, York, and 1st Lincoln to the first parliament of the new province. The records for this period are fragmentary and it is not known how he participated in the affairs of the assembly. He was succeeded in the second parliament by Richard Beasley*.

Pettit did not live long enough to accumulate much more than the land he had been granted. In fact, between 1800 and 1802 he sold off substantial portions of it, mostly to his sons-in-law. In his will he left the remainder to his five surviving daughters and £80 to his son-in-law Lawrence Lawrason, a successful London merchant. In some ways the British government had compensated Pettit for his losses; however, his advancing years did not allow him to rebuild his life to its former eminence.

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