Chapter LV
CONTENTS—Ninth town—Thurlow—Name—When surveyed—Front—Indian burying ground—Owner of first lots—Chisholm—Singleton—Myers—Ferguson— Indian traders—To Kingston in batteau—Singleton’s death—Ferguson’s death—Distress of the families—Settled, 1789—Ascending the Moira— Taking possession of land—Fifth concession—John Taylor—Founder of Belleville—Myers buying land—Settlers upon the front—Municipal record—Town officers—1798—Succeeding years—Canifton, its founder— Settling—The diet—Building mill—Road—River Moira—Origin of name— Earl Moira—Indian name—Indian offering—“Cabojunk”—Myers’ saw-mill— Place not attractive—First bridge—The flouring-mill—Belleville— Indian village—Myers’ Creek—Formation of village—First inn— Permanent Bridge Street—In 1800—Growth—A second mill—McNabb’s—Sad death—Captain McIntosh—Petrie—Inhabitants, 1809—Dr. Spareham— Naming of Belleville—Bella Gore—By Gore in council—Petition— Extract from Kingston Gazette—Surveying reserve—Wilmot—Mistakes— Granting of lots—Conditions—Board of Police—Extent of Belleville— Muddy streets—Inhabitants in 1824—Court-house—First Court, Quarter Sessions—Belleville in 1836.
THE NINTH TOWN—THURLOW.
The oldest map in the Crown Lands Department, states that this township was surveyed in 1787, by Louis Kotte; perhaps only the front concession. By this map, we learn that at the mouth of the river had been, probably on Zwick’s Island, an Indian burying ground; and a lot is reserved for the Indians, for a burying ground. The map informs us that lot No. 1, in both the first and second concessions, was at first given to John Chisholm. Lot No. 2, in first and second concession, to David Vanderheyden; No. 3, to Alexander Chisholm; No. 4, the reserve for the “Indian burying ground;” Nos. 5 and 6, to Captain John Singleton. These are the only names which appear upon the map; but it is likely that lot No. 7, was granted at first to Captain Myers. The late George Bleeker, Esq., told the writer that Captain Myers having stayed in Lower Canada three years, came and settled upon lot 7, where he built a hut and lived for a year, before going to Sidney. This was probably in 1787, when the surveying was proceeding. Thus it was that Captain Myers, who afterward gave a name to the river and place, was the first squatter. About this time, Captain Singleton, who had been a first settler in Ernesttown, came to Thurlow with a brother officer, Lieutenant Ferguson, both having recently married and settled upon lot No. 6. Their object in coming was to carry on a fur trade with the Indians, who regularly descended the River Sagonoska to barter, and subsequently to get their presents. The single log house which was first built, was shortly added to, by a second compartment, into which was stored furs and goods for barter. The life of these first settlers of Thurlow was a brief one, and the termination a sad one. Both had just married, and with their faithful servant, Johnson, and his wife, they hoped for a future as bright as the wood and water which so beautifully surrounded them. It mattered not to them that no human habitation existed nearer than the Mohawk settlement, and the Napanee River. Many trips with the batteau were necessary to obtain a complete outfit for Indian trading, and ample provisions had to be laid up, with stores of rum. These articles were procured at Kingston. Singleton had rented his farm in the second town; but reserved a room, where he might stop on his way up and down. In September, 1789, Captain Singleton, his wife, child, some eight months old, with Lieutenant Ferguson, his wife, and the servants, Johnson and wife, set out for Kingston and Ernesttown in a batteau. The women were to visit in Ernesttown, while the men proceeded to Kingston to purchase flour and other articles. Not long after starting, Singleton was taken ill. They stopped at Captain John’s, at the Mohawk settlement, and Indian medicines were given him; but he continued to grow worse, and when he reached his home, in Ernesttown, he was dangerously ill. A doctor from Kingston was procured; but Captain Singleton died nine days after, from what seems to have been a malignant fever. His faithful servant, Johnson, contracted the disease and also died. Thus, Lieutenant Ferguson was left with three women and a child, away from home, which could only be reached after much toil. Captain Singleton was spoken of as a “pleasing gentleman, and beloved by all who knew him.” His infant son grew to man’s estate, and became one of the first settlers of Brighton, where his widow, now far advanced in years, and descendants reside.
Lieutenant Ferguson went to Kingston, exchanged his load of furs for a barrel of flour, then very dear, and other articles, and returned with his charge to Thurlow. But Ferguson’s days were also numbered; and, in three months’ time, he died, and there were left in the depth of winter, alone, upon the front of Thurlow, three widowed women, and an infant; with but little to eat, beside the barrel of flour; which, before long, was to be the only article of food, and used by cup-fulls to make spare cakes.
Lieutenant Ferguson, the associate of the first settler in the township, was at first a refugee from the Mohawk valley in New York, and latterly served, probably in Johnson’s regiment. He had lived a short time at Sorel before coming to Thurlow. His body was buried upon a pleasant elevation, between their house and the plains to the east of the river. The first one of the loyalists to die in Thurlow, his body was the first to be interred in the “Taylor burying ground.”
In the spring of 1789, a party of about fifty, reached the bay. They were all refugee loyalists, and most of them had been since the close of the war in the States, looking up their families, and arranging to take them “to Cataraqui.” This party settled in Sidney and Thurlow. Those who settled in Thurlow, finding no land available at the front, prepared to ascend the river. Among them were John Taylor, William Reed, with four sons, John, William, Samuel, and Solomon; Richard Smith, Cavelry, Robert Wright, John Longwell, Sherard, Zedie Thrasher, Asa Turner, Stephen and Laurence Badgley, Solomon Hazleton, Archibald McKenzie, McMichael, William Cook, and Russell Pitman. The party reached the mouth of the river late in the day, and pitched their tent among some cedar shrubs upon the east bank of the river, just by the site of the upper bridge. The following day, they followed the bank of the river, searching for indications of good land The surveyor had not yet laid out any but the front lots; but the pioneers had been assured that any land they should choose to occupy, would be granted them. When they reached the point where now is the fifth concession, they felt that they had reached their destination, and proceeded to take possession of such land as struck their fancy. William Reed, and his four sons, possessed themselves of 600 acres in a block, through which the river wound its way. The land here was unmistakably good; and four generations have now reaped the fruit of the soil, while two generations lie buried there. But the first years of pioneer life with those first settlers of the fifth concession, were years of great hardship and want (see First years of Upper Canada). They all went to Napanee at first to mill. Sometimes took articles to exchange for flour.
John Taylor settled in the fifth concession, where he remained a year, when he came down to the mouth of the river. A sketch of this old soldier is elsewhere given. Among the settlers who came in, a few years later, were Richard Canniff, and Robert Thompson.
In some respects, the settlers of these townships, at the western extremity of the bay, suffered in a peculiar manner. They were far removed from Kingston, and from the necessaries of life to be procured there. And they were settling after the period when Government allowed provisions.
The name of Captain Myers must ever stand identified with the early history of Thurlow. He cannot be regarded as the founder of Belleville; yet he was the first to give a name to the village at the mouth of the river. Captain Myers saw service during the revolutionary war (see Royal Combatants). At the close of hostilities, having tarried for a time at Lower Canada, he came to the bay, and squatted at first upon the front of Thurlow. He first became a settler upon the front of Sidney, a few miles east of the Trent River. Being a man of enterprise, and with forethought, he did not content himself with clearing a farm and cultivating its soil. He saw the wants of the settlers, that they required sawed lumber, and greater conveniences for grinding grain. Hence he is found, even before 1790, erecting a sawing mill upon a small stream on his land in Sidney. The waterpower was very inefficient, and he looked about for a more suitable place. The waters of the Moira presented the inducements he sought. A bargain was effected with John Taylor for the rear half of lot No. 5, which embraced a portion of the stream, affording the desired mill-site. It was, most probably, in the year 1790, that Captain Myers came to Thurlow, and built his log hut upon the banks of the river, a few rods above the present mill-dam. Within a year, the first dam erected upon the river was finished, and a log saw mill built upon the east bank.
The late Colonel Wilkins, of the Carrying Place, says, that when he came to the bay, in 1792, Myers had his mill built, the one farthest west, until they came to where is now Port Hope.
The following are the names of those who settled upon the front, as supplied by the late G. Bleeker, Esq. Commencing at lot No. 1, the first settler was John Chisholm; No. 2, Coon Frederick; No. 3, Crawford, the lot having been drawn by A. Chisholm. Coming to No. 7, it was settled upon by A. Thompson, who sold the right to Schofield; No. 8, by Arch. Chisholm; No. 9, by Samuel Sherwood, who was an Indian trader. Then Fairman, William Johnson, Edward Carscallion, J. Carscallion, Fairman, Biddell.
There is no record of the first municipal transaction. Most likely, no record was kept. The following, however, takes us back a long way:—
“At the annual town meeting, for the township of Thurlow, held the fifth day of March, 1798, whereat the following persons were chosen town officers, viz., John McIntosh, Town Clerk, John Chisholm and William Reid, Assessors; Joseph Walker, Collector; Samuel B. Gilbert, John Reed, William Johnson, Path-masters; John Cook and Daniel Lawrence, Town Wardens; John Taylor, Pound-keeper; John Fairman, Constable.”
John McIntosh, remembered as Capt. McIntosh, was Town Clerk for three years, and was succeeded by Jabez Davis. The following year, the occupant was Caleb Benedict. The year succeeding, Roswell Leavens was appointed, and continued to hold the office for three years, when John Frederick was chosen, who held the place two years, when John McIntosh was again selected; he held it two years. Then John Thompson was appointed, who held it one year. The next year it was Roswell Leavens; the next, John Frederick; the next, R. Leavens, who continued uninterruptedly in office for twelve years, up to the year 1826. During that time very many changes are observed in the names of those holding the other municipal offices in the Township. The Town Clerk, in the year 1826, was Daniel Canniff, who held it two years; the next was James McDonnell, who filled the post seven years. In 1835, D. B. Sole was appointed, who held it two years. The year ensuing, Dr. Hayden was appointed. It would seem that during the year following, Dr. H. escaped as a rebel, while his wife refused to hand over the township records.
CANIFTON.—Up to the year 1806, the way from Myers’ mill up the river to where stands Corby’s mill, a distance of four miles, was unbroken by a single clearing. There was but a poor waggon road, which had been cut by the two individuals who alone could afford the comfort of a waggon. But in that year another settler was added to Thurlow, and a third waggon to the community. John Canniff, having bought some 800 acres of land from one McDougall, and one Carle, in the third concession, commenced the work of clearing upon the present site of the village of Canifton. John Canniff was a U. E. Loyalist, and was born at Bedford, in the County of Westchester, in the present State of New York, in the year 1757. There is no reliable statement handed down as to the part he took in the war against the rebellion. That he took an active part is believed by those most capable of judging. The name of Lieut. Candiff appears among the officers of a New Jersey regiment, which is thought to have been one of the family. John Canniff was a refugee at the close of the war in New Brunswick, where he remained a few years. He then came to Canada, in 1788, and first settled in Adolphustown, where he lived until his removal to Thurlow. He had witnessed and experienced the suffering of the year of the famine. And it is known that he actually saved one family from death by starvation. Before bringing his family to Thurlow, in 1807, he had cleared a considerable piece of land, on the east side of the river, around the present site of the bridge; built a mill-dam, a saw-mill, and a frame house, which stood a short distance above the site of the Methodist Church. Although this took place near the end of the first decade of the present century, yet the settlement was attended by no little hardship. The necessaries of life were not always to be had, and it is authentically related, that for a time pea bread constituted the principle article of diet, while a fish, now and then caught, was a great luxury.
About the year 1812, Canniff erected a flouring-mill, having for mill-stones those made on the spot, out of hard granite; the man who made them yet lives. These relics of the past may yet be seen. But in two years he procured a pair of Burr stones from the Trent.
In the year 18—, Mr. Canniff removed to the front of Thurlow, and lived upon lot number eight, where he continued to dwell until his death, 21st Feb., 1843. He was in his 87th year when he died. His remains are buried near the front of the Episcopal Church, in Belleville. He was a great uncle to the writer.
Up to the year 1715, there was but one small house in Canifton, beside that occupied by Mr. Canniff, this was occupied by a cooper, named Ockerman.
For four years after John Canniff settled upon the river, there was an unbroken wood between his place and Myers’ mill, while but a rough road existed, which followed the river’s bank. In the spring of 1811, James Canniff, the writer’s father, commenced to clear land, midway between Myers’ mill and John Canniff’s. At this time, the road remained almost impassable, for the half-dozen waggons, owned in the township. Some years later, the road was somewhat straightened and improved; but although now, and for a long time, so great a thoroughfare, the road continued to be, for many years, the most execrable.
THE RIVER MOIRA.—This river is named after the Right Hon. the Earl of Moira, afterward Marquis of Hastings, and previously, when a soldier, serving in the American war, known as Lord Rawdon. At his death the title became extinct. His body was buried in his native town in Ireland. While in America, he formed a strong attachment to Brant.
The Moira takes its rise in the township of Tudor, and in its windings to the Bay Quinté, passes through the townships of Madoc, Marmora, Rawdon, Huntingdon, Hungerford, Tyendinaga, and Thurlow. It was well known, and yearly ascended by the Indians for the excellent hunting which it afforded. They called it Sagonasko, which name may be found on the first maps issued by the surveyor. It was sometimes spelled Saganashcocon.
The Indians, when about to pass up on their hunting expeditions, leaving many of the women and children in wigwams upon the plains near its mouth, would make an offering to their pagan god, of tobacco, which was dropped upon the east shore, near its mouth, just below the site of the first bridge. A thank offering was repeated upon their return.—(B. Flint).
When the first mill dam was erected by Capt. Myers, the obstruction was called by them Cabojunk.
When the land was surveyed, the Government reserved at the mouth of the river 200 acres, ostensibly, for an Indian burying ground. But the place of burying was upon Zwick’s Island, in the Bay, near the river’s mouth.
Upon the old maps, this river is called Singleton’s River, after Capt. Singleton.
About the year 1790, Capt. Myers settled upon the river, and erected a dam and log saw mill. It consequently took the name of Myers’ Creek, which it retained, until after the war of 1812, and by some, to within the writer’s recollection, thirty years ago. The writer remembers to have seen the Indians, in their birch canoes, ascending and descending the river. The fact that the word Moira has some resembling sound to that of Myers, has led some to suppose that the latter name became gradually changed into the former. But the fact is as stated above.
The appearance of the place, presented to the first adventurers in pursuit of land on which to settle, was not attractive. It was a barren plain with a cedar swamp covering the shores on either side.
There were, however, on the east side, at the mouth, some tall and good sized oaks, indicating deep soil, while the land around was rock; this land, like the two islands upon which mills are built, was rich, and had been made from the washings of the river’s sides for centuries, and carried down from the back country.
The first bridge upon the Moira, was a floating structure, and was placed quite at the mouth of the river, with the view of escaping the current; but it was soon carried off. The bridge was built about 1800; prior to which time there had been a ferry for foot passengers, when the stream was not fordable. At certain seasons, crossings could take place almost anywhere. The first spring freshet carried away the bridge. In the winter of 1802, according to Mrs. Harris, who then lived in the place, a more substantial structure was commenced; but again it was carried off by ice breaking over Myers’ dam. Possibly, this may be the first one. The first permanent bridge must have been completed in 1806 or 7.
The excellent water power was first employed by Capt. Myers, and the second person to use it was the Reeds, at the place where is now situated Corby’s mill. The benefit of a flouring mill to the Reeds will be understood when it is known that they had previously, to carry on their back the grist to the Napanee mills, a distance of some forty miles, and thus occupying four days.
BELLEVILLE.
The early voyageurs, passing along in their birch canoes, bound for the far west, by the way of the River Trent to Lake Simcoe, were never attracted to the low, thick woods, which bordered the river, called by the Indians Sagonoska. It is true, there was generally an Indian village upon the plains situated to the east of the river’s mouth. But the collection of rude tents offered no special invitation. While the French, it would seem, never ascended the river; the Indians of the Mississauga tribe inhabited the region, and mostly always had a village upon the bay shore. As we have seen, the Government, at the time of surveying, reserved lot number four, which included the river and the plains, for the Indians. About 1789 or 90, Captain Myers, having purchased a part of lot number five, of John Taylor, for $100, endeavored to obtain a lease of the Indian lot for a long period of years; and he subsequently claimed the lot, averring that it had been leased him for ninety-nine years. This claim of Capt. Myers, it has been stated, led to the name which so long obtained, Myers’ Creek. But the claim was never recognized by Government, although there is some reason to think that the Indians did actually bargain it away. The settlement upon the river, by Captain Myers, very soon came to be known as Captain Myers’, and the inhabitants up and down the bay, spoke of the settlement, as well as of the river, as Myers’ Creek. But, at the same time, Myers’ mill and house were quite remote from the first collection of houses at the mouth of the river. Apart from the water privileges, there was nothing to attract to the place, and, until the beginning of the present century, there was not even a hut at the mouth of the river. If public meetings were held, they were up the front, or back near the fifth concession, afterward known as Hayden’s Corners.
The village began to form upon the east bank of the river, a little distance below Dundas street, and, for many years, it did not extend further north than that street. The first place of habitation so far as can be learned, was a log house, built and occupied by Asa Wallbridge, a trader, who was well known by the early settlers. Then came John Simpson, in the year 1798, and constructed a log hut, 20 × 12. This house, the first public house in Thurlow, was for many years known from Kingston to York, as a place of public entertainment. Within its rough walls rested many an important traveler, and here, in later days, convened the men of dignity and office, to discuss matters of great import concerning the village. Here met, in jovial companionship, the inhabitants of the village at night. Around this rude public house centered the crowd upon training days, or when the race course was a point of attraction. For many years, the heart of the village was at the corner of Dundas street. At this place was the ferry, and afterwards the first bridge.
John Simpson, who was Sergt.-Major of the Militia when first organized, died shortly after coming to Myers’ Creek; but his widow, Margaret, continued the hostess for many years. She endeavored to keep pace with the wants of the growing village, and made one improvement after another, and finally had built the frame structure now converted into the agreeable residence of the Hon. Lewis Wallbridge. About the year 1800, a second inn was opened in the village, the descendant of this is the present Railroad House.
When it became necessary to build a bridge across the river, about 1806–7, the question of site was one of no little consideration. It seemed the most natural that it should be erected on Dundas Street, which was the great mail road between Kingston and York; and those living in the heart of the village could see no reason in having it placed elsewhere. But a majority of those having a voice in the matter, looked at the question in a more practical light; and rightly thought a bridge would cost less where the river was the narrowest, while it should not be too far for convenience. The result was that it was built on the site of the present lower bridge, and so gave to the street the name of Bridge Street.
Retracing our steps to the beginning of the present century, we present the statement of Mr. William Ketcheson, who settled in Sidney, and also of James Farley, both of whom say that there was not then even a village at the mouth of the river, there being but two or three shanties, among them Simpson’s tavern, at the rude bar of which the sole drink was a home brewed beer, which, however, possessed intoxicating properties. Another building was an ash house, owned by Asa Wallbridge.
During the first years of the present century, the place grew to the importance of a village, whose inhabitants, with those of the adjacent farmers, made up nearly a hundred persons. Important additions had been made, and enterprise was at work. Two noble and loyal Scotchmen had come to the place several years before, and purchased lot number three, and had built a second mill dam and mills. These were Simon and James McNabb. They subsequently took an active part in everything relating to the village. James McNabb became Collector of Customs, and the first Post-Master and Registrar, and both were officers in the militia. The melancholy death of James McNabb, is hardly yet forgotten. During the rebellion of 1836, there was an alarm in Belleville, and Capt. McNabb, while running through an unlighted hall, was fatally wounded by a careless militiaman, who was trailing his musket with bayonet fixed.
Capt. McIntosh was an early settler in Belleville, as well as a pioneer with sailing vessels. He built the first frame store house at Belleville, which was taken down in 1867. The house he built is still standing, a quaint edifice, at the lower extremity of front street. Within its walls rested General Brock, when on his way westward, at the commencement of the war of 1812; also General Gore, after the close of the war. Capt. McIntosh met an untimely death by drowning while attempting to swim from his schooner, which was wind-bound off Ox Point, to the shore, 23rd Sept, 1815.
In the year 1809, Alexander Oliphant Petrie, came to live at Myers’ Creek. He found the following persons living in Belleville at that time. Commencing at the lowest part; there first lived Capt. John McIntosh, who kept a store; John Johnson, a saddler; Dr. Sparehan; John Thompson, who had been a soldier in the King’s Rangers; Peter Holmes, a carpenter, who had also been in the Rangers; Mrs. Margaret Simpson, inn-keeper; Roswell Leavens, a blacksmith; John Simons; one Ames, a cooper; Hugh Cunningham, store-keeper, at Mrs. Simpson’s; Simon McNabb, who lived across the river; Ockerman, a cooper; Benj. Stone, a sawyer; Wm. Maybee, and Abraham Stimers. In the neighborhood of the village lived John Taylor; James Harris, a hatter, and Capt. Myers. The only road was along the river, while foot paths led to the different dwellings. Respecting Dr. Spareham, there is the following notice in the Kingston Gazette: “Died, Friday 20th, 1813, Dr. Thomas Spareham, at Kingston; aged about 88. He was one of the first settlers in the country.”
The McNabbs had a flouring-mill, and there was a small cloth factory on the west side of the river, at Myers’ dam. Harris had a small shop on the bank of the river; and just below the present market, back from the river, stood a little frame school house, where taught one John Watkins. About the year 1810, Mr. Everitt, from Kingston, erected a fine building for a hotel, outside of the village, near Coleman’s, formerly McNabb’s mills. This was near the Victoria buildings.
The naming of Belleville took place in 1816. The circumstances attending it were as follows: There met one evening at Mrs. Simpson’s tavern, Captain McMichael, the two McNabbs, Wallbridge, R. Leavens, and S. Nicholson. These gentlemen, at the suggestion, it is said, of Captain McMichael, determined to invite Lieutenant-Governor Gore, to name the newly surveyed town. The request was complied with, by calling it after his wife Bella. In reference to this, we find in the Kingston Gazette, Aug. 24, 1816, the following: “The Lieutenant-Governor, in council, has been pleased to give the new town (formerly known by the name of “Myers’ Creek”) at the River Moira, the name of “BELLEVILLE,” by the request and petition of a great number of the inhabitants of that town and the township of Thurlow.” In the issue of 7th September, the Gazette remarks, “We mentioned in our paper of the 24th ult., that the new town at the River Moira, was now called “Belleville,” &c. We were under the impression, from the very pleasant situation of that town that its name was derived from the French; but we have since been informed that it has been given the name of Bellville, in honor of lady Gore at the request of the inhabitants.” We have it also, on the authority of Mr. Petrie, who could not be ignorant of the facts, that the name is after Lady Bella Gore. It will be observed that the name was originally spelled Bellville, instead of Belleville, as at the present time. In all letters and public documents where the town was mentioned, we find it spelled Bellville for many years. The writer will now, quote himself from another work. “The same year (1816) the Government instructed surveyor Wilmot to lay out the 200 acres of Indian reserve, lot number four, into town lots of half an acre each. It cannot be recorded that Mr. Wilmot discharged his duty to his credit or the advantage of the town. In the first place he made the serious mistake (it has been questioned whether it was a mistake) of placing the line between Sidney and Thurlow, upwards of sixty feet to the east of that marked by the original survey. The consequence was, that the line between lots numbers three and four (at the front) instead of being mainly in the river, where it ought to have been, was established where now is Front Street, and thereby, a valuable strip of land belonging to the Reserve, was added to private property on the western side of the river; while the owner of lot number five, Mr. Taylor, was a loser to a corresponding extent. Another mistake was the very few cross streets laid out, the inconvenience of which is felt daily by many; although some new ones have been opened latterly. A third error was the respect he made to a hotel which stood a little to the east of where now stands the Victoria buildings. This hotel had been erected on the ground, where the street, in surveying, happened to come. The result is the unseemly turn in its course at Pinnacle Street. While the hotel gave a name to the street, the name commemorates the cause of its ugliness. The town lots were disposed of by Government to petitioners, true subjects of His Majesty, on a payment of a fee of thirty dollars. No one could obtain more than a single lot. Seven plots were reserved: one for a hospital, one where stands the Catholic Church, the Grammar School, the English Church, also, the Parsonage house, the old Market Square, and the Jail.”
The lots were granted to applicants upon presenting a petition signed by two citizens, to Government. The grantee was obligated to build, in a given time, a house, one story and a half high, and 18 × 30 feet.
Belleville is the oldest town in Upper Canada. At the time it was named, where now stands Cobourg, were but three houses. In 1816 the Kingston Gazette says, “A Post Office is now established in the new and flourishing town of Bellville, S. McNabb. Esq., Post Master.”
In the year 1834, a petition was submitted by the inhabitants of Belleville to Parliament, the result of which was “An act to establish a Board of Police in the town of Belleville, passed 6th March, 1834.”
It would seem that the act passed did not come into operation, for in 1836, an act was passed repealing the former one. This latter act was in many respects the same, but making further provisions. The same year the town record begins. The boundaries were, “commencing at the limits between lots number five and six, in the first concession, so as a line at right angles will run on the northerly side of Wonnacott’s bridge, thence south seventy-four degrees, west to the limits between lots numbers two and three, thence sixteen degrees east to the Bay of Quinté, thence easterly following the winding of the bay to the limits between lots numbers five and six aforesaid; thence north sixteen degrees, west to the place of beginning, together with the island and the harbour.” There were two wards, each of which elected two members of the Board of Police, and the fourth selected a fifth. The body then selected one of themselves for President. Those elected the first year were, Wm. McCarty and Asa Yeomans, for first ward; Zenas Dafoe, and Wm. Connor for second ward; Billa Flint was elected the fifth member, and was also chosen President; Geo. Benjamin to be clerk to the Board.
Up to this time there had been no sidewalks, and at the same time there was no drainage. The consequence was, that in the rainy season the streets were almost impassible, quite as bad as those of Muddy York are said to have been. The first pavement was laid in 1836, the stones of which were taken from the river.
It is impossible to say definitely what was the number of inhabitants at any one period. These were, however, in 1818, according to Talbot, about 150; about 500 in 1824; 700 in 1829, and in 1836 more than 1,000. But McMullen, writing in 1824, says that between Kingston and York, there are two or three very small villages, the largest of which is Belleville, containing about one hundred and fifty inhabitants.
After this the town increased more rapidly in size and importance. Steps were taken to have built a Court House and Jail, as the nearest place of confinement of prisoners was at Kingston; and, in 1838, just at the close of the rebellion, the present building was finished.
The first court of Quarter Sessions held at the Court House in Belleville, was November, 1839, Benjamin Dougall presided; Edmund Murney, Clerk of the Peace; J. W. D. Moodie, Sheriff. The principal business of the court was to organize, and take the oaths of office. The second court was held in March, 1840, in the Court House; there were the same officers, except that W. H. Ponton was Clerk of the Peace.
A writer in the Intelligencer, in 1836, says, Belleville is said to contain about 1,800 inhabitants. There is an English and Scotch Church, a Roman Catholic and Methodist Chapel, also a congregation of Episcopal Methodists, and one of American Presbyterians; 25 merchants’ shops, 2 Apothecaries and Druggists’, 12 huxters’ and grocery shops, 9 taverns, 3 breweries, 3 butchers’, 2 flouring mills, 4 saw, and 2 fulling and carding mills, 1 pail factory, 7 blacksmiths’ shops, 3 tanneries, and mechanics of almost every description. In Front Street there are a number of spacious brick, stone, and frame buildings; being the most central part of the town for business. The town has recently being called East and West Belleville; separated by the river Moira. The latter has been laid out in town lots by the present owners; and the streets and lines defined. On Coleman Street there are already erected a handsome brick and other stone and frame buildings; a Trip-Hammer Forge and Axe manufactory carried on by Mr. Proctor, celebrated for making the best axes in the province. A saw mill in operation and a flouring mill for four run of stone now erecting, and another for six run in contemplation of being built next summer by our enterprising townsman, Mr. Flint. A cabinet-maker, blacksmith’s shop, and a tavern, together with a variety of lots unsold, some of which are calculated for hydraulic purposes; and for which there are abundance of materials for stone buildings. The same street leads to the extensive wharfs and store houses belonging to Mr. Billa Flint.
Chapter LVI
CONTENTS—Tenth township—Richmond—Origin—Quantity of land—Shores of Mohawk Bay—Village on south shore—Original land holders—Names— Napanee—The falls—The mill—Salmon River—Indian name—Source of Napanee River—Its course—Colebrook—Simcoe Falls—Name—Clarke’s Mills—Newburgh—Academy—The settlers—“Clarkville”—No records.
THE TENTH TOWNSHIP—RICHMOND.
This township is called after the Duke of Richmond, and contains about 50,000 acres.
At an early period, the shores of the Mohawk Bay were occupied by settlers. At first, upon the Fredericksburgh side, and shortly after upon the north shore. The facilities for erecting a flouring-mill at the falls, upon the river which empties into the Mohawk Bay, attracted the attention of Government so early as 1785, in which year the first mill was erected. The existence of this mill caused something of a village to spring up on the south shore. About the same time, the land upon the north shore of the bay and river, was taken up by the loyalists. We can find nothing to indicate the year in which this township was originally surveyed; but it was most probably done in the latter part of 1785, or in the spring of 1786, after the front of Thurlow had been surveyed. Upon the old chart of this township in the Crown Lands Department, may be seen the names of certain officers, as claimants of land near the mouth of the river. The names are in the main, now unknown, and it seems that the land passed into other hands. The second and third concessions seem to have been settled at a comparatively early date. We believe that some of the first settlers on Mohawk Bay, were, Alexander Nicholson, Woodcock, Peterson, Campbell, Richardson, Detlors.
Napanee, a name given to the river, and to the town upon its banks, is of Indian origin. Originally it was Appanee, which signifies, in the Mississauga language, flour, or the river where they make flour. This designation, it has been supposed, arose from the existence of the flouring-mill, built here at an early date (see first days of Upper Canada). The place was first visited by loyalists, in 1784. The beauty of the scenery, the waters of the river, tumbling over the rocks, down a distance of thirty feet, and sweeping down through a muddy bed, and widening into Mohawk Bay, and the surrounding hills clothed in nature’s rugged habiliments, would naturally attract the settler. Then, when Government placed a mill, at which the settlers could get their grain ground, a consideration of great importance, the land in the vicinity would be eagerly sought, upon which to settle. And, it can readily be inferred, that the more valuable lots in the township of Richmond were, at an early date, appropriated and settled upon.
Running across the back part of this township, from east to west, and continuing across the township of Tyendinagua, is the Salmon River. It takes its rise in Crow Lake, in the Township of Kenebec. It empties into the Bay Quinté, at the border line between this township and Thurlow. Near its mouth is the Village of Shannonville. The Indian name of the Salmon River was Gosippa.
The Napanee River, of which we have spoken, takes its rise in the townships of Hinchinbroke, Bedford, Loughborough, Portland, which are thickly strewn with beautiful lakes and streams, all connected so as to form a sort of net work. The Napanee then crosses the front part of Camden, and pursues its way along, forming the southern boundary of Richmond, to empty into the Mohawk Bay. Along the course of the stream are several villages, all possessed of more or less beauty. There is the village of Colebrook, having upward of 300 inhabitants; Simcoe Falls comes next, beautiful and picturesque, with some 250 of population. The village is named after the Falls, which are some forty feet high. The name is derived from Governor Simcoe, who at one time owned here 1000 acres of land. Four miles further down the stream is the pleasant village of Clark’s Mills, after a family name of which we have elsewhere spoken, as a distinguished U. E. Loyalist. Continuing down the river we come to Newburgh, a village picturesquely situated, and of considerable importance. Beside its grist-mills, saw-mills, factories, machine shop, foundry, and other machinery worked by the water; Newburgh has a very respectable academy. Perhaps there is no stream in Canada which possesses the same number of mill privileges as the Napanee. There are numerous rapids and several falls along its course, and the banks on either side are often strikingly beautiful. The original settlers along the stream were mostly the children of loyalists.
NAPANEE.—The settlement of Napanee is pretty fully given in the chapter upon the first flouring-mills. We there have stated that Sergeant Major Clark of the 84th regiment, was ordered to Napanee to act as superintendent of the works in connection with the building of the mill; second flouring-mill in Upper Canada. The mill was situated upon the Fredericksburgh side of the river. Upon an early map of the township, by P. V. Elmore, a village is marked here by the name of Clark ville.
Napanee was incorporated in the year 1854.
We regret our inability to procure the township record of Richmond.
DIVISION IX. THE EARLY GOVERNMENT OF UPPER CANADA.
Chapter LVII
CONTENTS—Military rule—Imperial Act, 1774—French Canada—Refugees— Military Government in Upper Canada—New Districts—Lunenburgh— Mecklenburgh—Nassau—Hesse—The Judges—Duncan—Cartwright—Hamilton— Robertson—Court in Mecklenburgh—Civil Law—Judge Duncan—Judge Cartwright—Punishment inflicted—First execution—New Constitution of Quebec—1791, Quebec Bill passed—Inhabitants of Upper Canada.
UPPER CANADA FROM 1783 TO 1792—THE GOVERNMENT, MILITARY AND CIVIL.
For three years after the conquest the Province of Quebec was governed by military laws, but in 1774, the British Government introduced a Bill, conferring civil rights upon the Canadian French, with a governing council of not more than 23, nor less than 17. The laws, religion and language were secured to the Province, as before the conquest, so that in most respects, excepting the presence of an English Governor, Canada remained a French Colony. The timely concessions of the British Government, and the natural antipathy felt by the Canadians to the New Englanders, prevented in a most positive way, any desire or intention, on the part of the Canadians, to take sides with the revolting British Provinces. When the loyalist refugees began to pick their way into Canada they found themselves as it were in a foreign country. A colony it is true, under the government of an English Governor, but nevertheless consisting of a people entirely dissimilar to themselves. While the war continued the presence of a large number of British troops made the country seem less foreign in its character; but the close of the war, and the disbanding of many of the companies, and withdrawal of others, left the unhappy refugees in a society to them altogether unnatural. It was under such circumstances that steps were taken to survey land upon the upper waters, to which the loyalists might go. The plan pursued by Government was, not to extend the operation of the laws belonging to Lower Canada, and therefore French and unnatural, to the settlements in Upper Canada; but to marshal the pioneer in bands under officers, with the necessary appointments, to secure order, protect interests, and administer justice. The first settlers of Upper Canada, then came in military order, by word of command, and were directed to the point where each should find the land allotted him, and meet his wilderness foe.
All alike were governed by military law, until 1788. Says the historian of Dundas, “It was decided by Government that the first settlers should live under MARTIAL LAW, till such times as it should be rescinded, and replaced by competent courts of justice. But by martial law was meant only, that the English laws, having by the settlement of this part of Canada, been introduced, should be its laws for the present, and that these laws, which very few knew, should be martially executed by the Captain in command, having the superintendence of the particular locality.”
Upon the 24th July, 1788, Lord Dorchester issued a proclamation, dated at the Castle of St. Louis, Quebec, forming a certain number of new districts in the Province of Quebec. Upper Canada was formed into four districts, viz.: Lunenburgh, which extended from the borders of Lower Canada “to the River Gananoque, now called Thames;” Mecklenburgh, which included the settlement from Gananoque to the Trent River; Nassau, extending from the Trent to Long Point on Lake Erie; Hesse, which embraced the remaining parts of Western Canada, including Detroit. The division was based upon the number of settlers rather than the extent of territory.
To each of these districts was appointed a Judge, a Sheriff, &c. The Judge seems to have been clothed with almost absolute power. He dispensed justice according to his own understanding or interpretation of the law, and a Sheriff or Constable stood ready to carry out the decision, which in his wisdom, he might arrive at. These four courts of Common Pleas constituted it seems the whole machinery of the law in Upper Canada, after the people ceased to be under military jurisdiction. It may have been, however, probably was, that appeal could be made against the Judge’s decision, to the Governor and Council. There were no other magistrates, and no lawyers in those primitive happy days.
Of the four Judges appointed to the districts, positive knowledge can be obtained but of three; these are Richard Duncan, Judge of Lunenburgh, Richard Cartwright, Judge of Mecklenburgh, and Robert Hamilton, Judge of Nassau. Not unlikely, William Robertson, of Detroit, was Judge of Hesse. This opinion is ventured from the fact that this gentleman was the most successful and prominent man in that locality; the same as Duncan, Cartwright, and Hamilton were in theirs.
Respecting the Judgeship of Mecklenburgh, the Rev. Mr. Stuart writes, 1788, that “our new settlements have been lately divided into four districts, of which this place (Kingston,) is the Capital of one called New Mecklenburgh. I had a commission sent me as first Judge of the Court of Common Pleas, which I returned to Lord Dorchester, who left a few days ago.” The office thus refused was subsequently filled by Mr. Richard Cartwright. In a letter before us, written by John Ferguson, dated 29th December, 1788, it is stated that “our Courts are opened, but they have done nothing particular, but I suppose will in a few days.” This was the commencement of other than martial law at the Bay of Quinté. 1788 then, is the year in which civil law began to be administered. This was considered a boon by the British Americans, who objected quite as much to military law, when the individual might not by education, be qualified to dispense judgment and justice, as they did to the French laws of Lower Canada. Indeed the loyalists of Lower Canada complained very much that they had lost the protection of British laws. And probably many were induced to ascend to Upper Canada where the British law was in operation. At the same time Upper Canada remained a part of the Province of Quebec.
Reference is made in the History of Dundas, to Judge Duncan, of Lunenburgh as follows: “As a soldier he was generous and humane.” The Court sat at Mariatown, of which he was the founder. He “seemed to have monopolized every office. A storekeeper, and holding a Captain’s rank, he dealt out law, dry goods and groceries alternately.” The court room was at the place of Richard Loucks, who kept a store and tavern, about a mile below the present eastern limits of the County of Dundas. The name of the Sheriff was Munro, probably John Munro, who was subsequently called to the Legislative Council.
With respect to Judge Cartwright, the reader is referred to individual U. E. Loyalists for a notice of his history. The fact that he was selected as the Judge after the office was refused by Mr. Stuart, shows that he was a man of influence, education and wealth, and persons are now living who remember him as a “big man,” along the Bay. From all that we can learn, it is most probable that Judge Cartwright held his court at Finkle’s tavern, Ernesttown. It is stated that he convicted the first man that was hanged in Canada. The crime charged against him for which he was executed was watch stealing. The article was found upon him, and although he declared he had bought it of a pedlar, yet, as he could not prove it, he was adjudged guilty of the crime, and sentenced to be hanged. Dr. Connor, of Ernesttown, stood up in court and appealed against the decision of the Judge, but he was hissed down, and the law took its course. The man was hanged, and subsequently the pedlar from whom the watch had been purchased came along and corroborated the dying words of the unfortunate man.
The most common punishment inflicted upon those convicted of high offences, was that of banishment for a certain number of years, or for life, to the United States, “a sentence next to that of death, felt to be the most severe that could be inflicted.” “Minor offences were atoned for in the pillory. For a long time there stood one such primitive instrument of punishment, at Richard Louck’s Inn, the centre of law and Justice for the Lunenburgh District.” (History of Dundas).
The first person executed at Niagara was in 1801, a woman by name of Loudon, who was convicted of poisoning her husband, at Grimsby.
The difference between the French and British in Canada, as to religion, language and laws, was so great that, although efforts were earnestly made to unite the two races, the divergence of views continued to increase. And the result was, that a Bill was introduced into the Imperial Parliament, by the Government, which duly became law.
On Friday, 4th March, 1791 Mr. Chancellor Pitt moved, “that His Majesty’s message concerning the New Constitution for Quebec might be read. It was read accordingly.”
“GEORGE R.—His Majesty thinks it proper to acquaint the Commons, that it appears to His Majesty, that it would be for the benefit of His Majesty’s subjects in the Province of Quebec, that the same should be divided into separate provinces, to be called the Province of Upper Canada and the Province of Lower Canada; and that it is accordingly his Majesty’s intention so to divide the same, whenever His Majesty shall be enabled by Act of Parliament to establish the necessary regulations for the government of the said Provinces. His Majesty therefore recommends this object to the consideration of this House,” &c., &c. The discussion which arose in connection with the passage of this Bill was of unusual interest, and produced that historic scene between Burke and Fox, during which “tears trickled down the cheeks” of the latter, as “he strove in vain to give utterance to feelings that dignified and exalted his nature.” The Bill passed its third reading on the 18th May.
At this time there were distributed along the St. Lawrence, the Bay of Quinté, Niagara frontier, Amherstburgh, with the French settlement on the Thames, and the Indians at Grand River, about 20,000 souls, or double the number, who came at the first as refugees, and disbanded soldiers.
For a list of the Governors of Upper Canada see Appendix.
Chapter LVIII
CONTENTS—Simcoe—His arrival in Canada—Up the St. Lawrence—An old house—“Old Breeches’ River”—Simcoe’s attendants—The old veterans— “Good old cause”—“Content”—Toasting—Old officers—Executive Council of Upper Canada—First entry—Simcoe inducted to office—Religious ceremony—“The proceedings”—Those present—Oath of office— Organization of Legislative Council—Assembly—Issuing writs for elections—Members of Council—Simcoe’s difficulty—At Kingston— Division of Province—The Governor’s officers—Rochfoucault upon Simcoe—Simcoe’s surroundings—His wife—Opening Parliament in 1795— Those present—Retinue—Dress—The nineteen counties—Simcoe’s designs—Visit of the Queen’s father—At Kingston—Niagara—A war dance.
ORGANIZATION OF THE UPPER CANADA GOVERNMENT BY SIMCOE, 1792.
Colonel John Graves Simcoe, the pioneer Governor of Upper Canada, and the Lieutenant-Governor under Lord Dorchester, entered upon the duties of his office, July 8, 1792.
His arrival in Canada was signalled by much rejoicing, as he passed along in a fleet of bark canoes from Lower Canada, by the St. Lawrence. A writer, in 1846, relates some interesting facts respecting this passage. He speaks of one house then remaining in Johnstown, which remained in all its original proportions. “It is built in the Dutch style, with sharp-pointed roof, and curious gables.” This house was framed of oak of the finest growth; and, considering that it has been drawn from lot to lot, until it has traveled almost the entire extent of the bay, (at Johnston) within the last half century, it certainly is a remarkable edifice. It is now a hostelrié, as it has always been, and no sign of repentance can be yet seen in its huge sign-board, exhibited at the top of a taper pine, on which some cunning disciple of Michael Angelo, hath depicted a tolerably sized square, and a pair of exquisitely expansive compass, striding classically, in imitation of the Collosus of Rhodes, with the staring capitals of “Live and let live— St. John’s Hall—Peace and plenty to all mankind”—thrown in as a sort of relief to the compass, and as a sweet inducement to the weary and dust-begrimmed traveler to walk in, and make himself as comfortable as the little peculiarities of the lazy-eyed landlord, and the singular temperament of the land-lady, will allow.
“This house is Governor Simcoe’s house. In it John Graves Simcoe, the first Governor of the U. E. Loyalists, himself a hearty, brave old colonel, who fought in the cause of these men, held his levee, on his first arrival in Upper Canada. Time hallows all. Young Canada has her antiquities—although she may be more prone to look forward to the future with hope, than back on the past with regret. Yet the house in which John Graves Simcoe reposed himself, and cast his martial eye over the gracefully curving bay, the sparkling river, and the dilapidated fortifications of the old French fort, built during the French ascendancy; on the point and islands below, may still be an object of interest to more than those who reside in the vicinity, in a Province, which owes so much of its present prosperity to the good commencement made by one possessed of his historic heroism, humanity, and noble self-denial in the cause of an exiled race. The house stood on a point of land formed by the bay, and a small stream which passes from the north westward, called formerly by the French, “Riviere de la Vielle Culotte,” which being translated, probably means “Old Breeches’ River.” Governor Simcoe had, but a short half-hour previously, taken his departure for Niagara, in one of the large bark canoes with which the passage on the St. Lawrence, and along the shore of the lakes, was then generally made. A brigade of smaller canoes and boats followed him, conveying his suite, and a few soldiers; and never since the year 1756, when Montcalm led his army upward to the attack of Oswego, had the swelling bosom of the wild forest river borne so glad a sight as on that sparkling morning.
“The old piece of ordnance, obtained from the island fort below, had ceased to belch forth its thunders from the clay bank; whereon, fort want of trunnions it had been deposited. The gentry of the surrounding country, collected together for the occasion, and looking spruce, though weather-beaten, in their low-tasselled boots, their queer old broad-skirted military coats, and looped chapeaux, with faded feathers fluttering in the wind, had retired to the inn, and were toasting in parting goblets, the “good old cause for ever,” previously to betaking themselves to their woodland path homeward, or embarking in their canoes to reach their destinations by water, above or below.
“Now I am content—content, I say, and can go home to reflect on this proud day. Our Governor—the man of all others—has come at last—mine eye hath seen it—drink to him gentlemen—he will do the rest for us,”—cried Colonel Tom Fraser, his face flushed and fiery, and his stout frame drawn up to its full height at the head of the table.
“We do—we do!” vociferated young Kingsmill, emptying his glass, and stamping to express joy. “Bonhomme” Tom Fraser then got on his legs, and shouted a brawny young soldier’s echo to the toast of his relative.
The mild, placid countenance of Dr. Solomon Jones, was lighted up by the occasion, and he arose also, and responded to the toast, recounting some of the services performed by the newly appointed Lieutenant-Governor in the late war.
Captain Elijah Bottum, a large portly person, having at his side a formidable basket-hilted claymore, then addressed them in brief military phrase, and gave one of the old war slogans. Major Jessup followed in the same strain, and proposed a sentiment which was received with vociferous cheers by the younger portion of the company. Captain Dulmage, Captain Campbell, Pay-master Jones, Commissary Jones, Captain Gid. Adams, Lieutenant Samuel Adams, Ephraim Webster, Captain Markle, Captain Grant, and numerous other captains and officers, managed to make themselves heard on the joyful occasion, until finally the meeting broke up, and the company separated not to meet again until the next fourth day of June, in the following year.
The first entry in the journals of the Executive Council of Upper Canada, gives an account of the induction of Colonel Simcoe into the gubernatorial office at Kingston. The event was made one of solemnity and religious observance, the proceedings taking place on a Sunday, in the old church of wood, which stood opposite the market-place. We quote an extract from the proceedings of the Executive Council.
Kingston, July 8, 1792.
“His Excellency John Graves Simcoe, Esq., Lieutenant-Governor of the Province of Upper Canada, colonel, commanding the forces in the said Province, &c., &c., having appointed the Protestant church, as a suitable place for the reading and publishing of his Majesty’s commissions, he accordingly repaired thither, attended by the Hon. William Osgoode, Chief Justice; the Hon. James Baby, the Hon. Peter Russell, together with the Magistrates and principal inhabitants, when the said commission appointing his Excellency (Grey) Lord Dorchester, Captain-General and Governor-in-chief, &c., &c., of Upper and Lower Canada, and also the commission appointing the said John Graves Simcoe, Governor of the Province of Upper Canada, were solemnly read and published.”
The oaths of office were then administered to his Excellency. According to the Royal instructions to Governor Simcoe, he was to have five individuals to form the first Executive Council. The five named were William Osgoode, William Robertson, James Baby, Alexander Grant, and Peter Russell, Esqs. The next day, Monday, Osgoode, Baby, and Russell were sworn into office, as Executive Councillors. Robertson was not then in the Province; Grant was sworn in a few days after.
Upon the 17th of July, a meeting of the council was held at the Government House, at Kingston, when the first steps were taken to organize a Legislative Council, and assembly writs were issued, summoning the gentlemen who were to form the first Legislative Council. These were, in addition to those forming the Executive Council, Richard Duncan, Robert Hamilton, Richard Cartwright, Junr., John Munro, and we believe, Thomas Fraser. These constituted the Legislative Council.
Two of the nine, it would seem, never took upon themselves the duties of the high place thus allotted them. One was Richard Duncan, who lived at Mariatown, County of Dundas. He was a captain, and had, in 1788, been appointed Judge of the Lunenburgh district. When Upper Canada became a separate province, Judge Duncan, as well as Cartwright, Judge of Mecklenburgh, were appointed Legislative Councillors. Duncan was a man of extensive business, and highly respected; but “some transactions in connection with banking business, were so imprudent,” that “he left the country somewhat abruptly for the United States,” and “never dared to return,” (Croil). This unfortunate affair, whatever its nature may have been, probably occurred about the time of the above mentioned appointment, as he shortly after removed to Schenectady, New York, where he continued to live until his death. The other was Mr. Robertson, a resident of Sandwich, where he had become a successful merchant. He never took his seat in the council, the reason of which does not appear.
It is stated that, according to the despatches of Simcoe to the Imperial Government, he found no little difficulty in obtaining suitable persons to fill the offices of the Executive and Legislative Council, who would absent themselves from home for the purpose.
The Executive Council continued to hold meetings at Kingston up to the 21st July, when Simcoe proceeded westward, and determined to make the village at the mouth of Niagara River, his capital.
Upon the same day that the Governor and Council issued summonses to the gentlemen of the Legislative Council, the 16th July, a proclamation was likewise issued, forming the Province into Counties, and specifying the number of representatives to be elected by the people to constitute the Legislative Assembly. And these proclamations were speedily conveyed and posted in every settlement.
The following were the officers connected with the Governor while at Newark. “Military Sec. Major Littlehales; Provincial Aide-de-Camp, Thomas Talbot; Solicitor General, Mr. Gray; Clerk of Executive Council, Mr. Small; Civil Secretary, William Jarvis; Receiver General, Peter Russell; Surveyor General, D. W. Smith; Assistant Surveyor General, Thomas Ridout and William Chewitt.” The Council Chamber was a building near to Butler’s barracks on the hill, where the Episcopal and Catholic Churches assembled occasionally, and alternately. The first meeting of the Executive at Newark, was held on the 29th September. Ten days after this was the opening of Parliament. Peter Clark was appointed Clerk of the Legislative Council; John G. Law, Usher of the Black Rod. The superintendent of the Indian department, was Colonel John Butler, of Butler’s Rangers of the Revolutionary war.
John White, the first Attorney-General of Upper Canada, came to the country, accompanied by Thomas Ward, in 1792.
The Duke de la Rochefoucault, Linancourt, a French nobleman, traveling in America, in 1795, visited Governor Simcoe, and remarks in his writings that “Upper Canada is a new country, or rather a country yet to be formed. It was probably for this reason General Simcoe accepted the government of it. He was fully aware of the advantages which his native land might derive from such a colony, if it attained perfection; and imagined that means might be found adequate to this purpose. This hope was the only incitement which could impel a man of independent fortune, to leave the large and beautiful estates he possesses in England, and to bury himself in a wilderness, among bears and savages. Ambition, at least, appears not to have been his motive; as a man, in Gen. Simcoe’s situation, is furnished with abundant means of distinguishing himself by useful activity, without removing to a great distance from his native country. But, whatever have been his motives, his design has been attended with consequences highly beneficial. The plan conceived by General Simcoe for peopling and improving Upper Canada, seems, as far as he has communicated to us, extremely wise and well arranged.” The same writer says, that Simcoe had a hearty hatred against the United States, that he had been a zealous promoter of the war, in which he took a very active part. “In his private life Governor Simcoe is simple, plain, and obliging. He inhabits a small miserable wooden house, which formerly was occupied by the Commissaries. His guard consists of four soldiers, who every morning come from the fort, and return thither in the evening. He lives in a noble and hospitable manner, without pride. Mrs. Simcoe is a lady of thirty-six years of age. She is bashful, and speaks little, but she is a woman of sense, handsome and amiable, and fulfils all the duties of a mother and wife with the most scrupulous exactness. The performance of the latter she carries so far as to act the part of Secretary to her husband. Her talents for drawing, the practice of which she confines to maps and plans, to enable her to be extremely useful to the Governor.” “The Governor is colonel of a regiment of Queen’s Rangers, stationed in the Province. His servants are privates of this regiment which is stationed elsewhere.”
“During our residence at Navy Hall, the Session of the Legislature of Upper Canada was opened. (This was 1795). The Governor had deferred it till that time, on account of the expected arrival of a Chief Justice from England, and from a hope that he should be able to acquaint the members with the particulars of the treaty with the United States. But the harvest has now begun, which in a higher degree than elsewhere engages, in Canada, the public attention. Two members of the Legislative Council were present instead of seven; no Chief Justice appeared who was to act as Speaker; instead of sixteen members of the Assembly only five attended. The law requires a greater number of members for each House, to discuss and determine upon any business, but within two days a year will have expired since the last Session. The Governor has therefore thought it right to open the Session. The whole retinue of the Governor consisted in a guard of fifty men of the garrison of the fort. Dressed in silk, he entered the Hall with his hat on his head, attended by the Adjutant and two Secretaries. The two members of the Legislative Council gave, by their Speaker, notice of it to the Assembly. Five members of the latter having appeared at the bar, the Governor delivered a speech,” &c.
When Simcoe undertook the administration of the newly established Province, a proclamation was issued which divided the Province into nineteen counties. In the creation of this division, Simcoe had a view to military organization. Rochefaucault says, “The maxims of government professed by Gen. Simcoe are very liberal and fair; he detests all arbitrary and military government, without the walls of the fort; and desires liberty in its utmost latitude, so far as is consistent with the constitution and law of the land. He is, therefore, by no means ambitious of investing all power and authority in his own hands; but consents to the Lieutenants, whom he nominates for each county the right of appointing the Justices of the Peace, and Officers of the Militia.”
“A Justice of the Peace could assign, in the King’s name, 200 acres of land to every settler, whom he knew to be worthy, and the surveyor of the district was to point out to the settler the land allotted him.”— (Rogers). Simcoe desired to populate the Province as speedily as possible, no doubt he felt anxious the United States should not get too far ahead. The schemes conceived by him for the settlement, government, and defence of the Province, have received the approval of most men capable of judging. But he remained not to carry out the plan intended. In 1796, shortly after the close of the first session of the second Parliament, he was instructed by the Imperial authorities to repair to St. Domingo, to assume the same duties; and the Hon. Peter Russell, President of the Council, was delegated to discharge the duties belonging to the office of Governor, and he enjoyed all the emoluments and perquisites arising therefrom.
During the occupancy of Simcoe, an event came to pass which may be here appropriately referred to. It was a visit to Upper Canada of the Duke of Kent, father of our much loved Queen. Prince Edward was stationed at Quebec with his regiment, having arrived a short time before the division of the Province of Quebec, and consequently before Simcoe came. Desiring to see the Upper Province, he set out in a calash, drawn by a French pony, accompanied by his suite. At Montreal he took a batteau, manned with Frenchmen, for Kingston. At Oswegotchie, “the royal party was met by a pleasure barge from Kingston, manned by seamen and military, accompanied by Peter Clark, of the Naval Department at Kingston.” From thence they were speedily rowed to Kingston, where the King’s schooner, the ‘Mohawk,’ Commodore Bouchette, commander, was in waiting to receive him. The Prince went on board, and after a tedious passage, safely reached Newark, where he was received by the firing of guns. As soon as horses and saddles could be mustered, the royal party wended their way by a narrow river road on the high banks of the Niagara river to the Falls. The only tavern, or place of accommodation, was a log hut for travelers to refresh themselves. There, the party alighted, and, after partaking of such refreshments as the house afforded, followed an Indian path through the woods to the Table Rock. There was a rude Indian ladder by which to descend to the rocks below, 160 feet. This consisted of a long pine tree with the branches cut off, leaving length enough at the trunk to place the foot upon, and hold on by the hands, in ascending or descending. (This Indian ladder continued in use several years later, when it was superseded by a ladder furnished from money, given by a lady from Boston to the guide). Our illustrious traveler availed himself of this rude mode of descent. The Prince and party lunched at the Hon. Mr. Hamilton’s on their way back. In the evening, the Prince was amused by a war dance by the Mohawks, headed by Brant himself. The next day, the Prince re-embarked, and proceeded to Quebec. There is a tradition in Marysburgh that he stopped on his way down in Smith’s Bay, to admire the beauty of that place.
Chapter LIX
CONTENTS—General Hunter—Peter Russell—Francis Gore, 1806—Alex. Grant—Brock—1812—United States declare war—Prompt action— Parliament—Proclamation—The issue—Second proclamation—General Hull—His proclamation—Bombast and impertinence—The Indians— Proclamation answered—Hull a prisoner—Michigan conquered—To Niagara—At Queenston heights—“Push on York Volunteers”—Death of Brock—McDonnell—War of 1812, the Americans—Extract from Merritt— What Canadians did—Brock’s monument—General Sheaffe—General Drummond—Invading the States—What Canada will do—Lord Sydenham—A tribute by Dr. Ryerson—Union of the Provinces.
THE GOVERNORS OF UPPER CANADA, FROM SIMCOE TO LORD SYDENHAM.
Lieutenant General Peter Hunter, who had been Colonel of the 24th Regiment stationed at Newark, was the second Governor for Upper Canada; his accession to office was on the 17th August, 1799. During the two previous years, Hon. Peter Russell had been President. He continued to hold the position until his death, which took place at Quebec, 21st August, 1865. His age was sixty-nine.
The third Governor of Upper Canada was His Excellency Francis Gore, who assumed the gubernatorial functions on the 25th August, 1806. In the interim between this period and the death of Hunter, the Hon. Alexander Grant having been President. The reign of Gore was one of ease. No conflicting parties as yet disturbed the political arena of the Province. Year after year he convened Parliament, which enacted laws for the growing requirements of the colony, with a degree of harmony not subsequently present. In 1811, he resigned, when Sir Isaac Brock became President, upon the 30th September. Although but the President, and not a Lieutenant-Governor, he requires some notice.
GENERAL BROCK.—In the year 1812, in June, the United States declared war against Great Britain, ostensibly, on the question of the right of England to take her seamen from American vessels to which they had deserted; but, in reality, the object of the war was to acquire Canada, and as England was engaged with an European war, it was deemed a favorable opportunity by President Madison, to subjugate the people whom they had once dispossessed of their inheritance. The declaration of war was quickly made known to General Brock, even sooner than the enemy thought possible, who promptly took necessary steps to secure the defence of the Province, against the dastardly intentions of the invader. On the 20th June, he issued orders to Captain Roberts, at St. Joseph, which issued in the capture of Fort Michilmacinac, with seventy men, beside valuable cargoes of furs. On the 28th July, he met the Parliament at York, which continued in session eight days, and sent forth a proclamation to the people, with these concluding remarks: “We are engaged in an awful and eventful contest. By unanimity in our councils, and by vigor in our operations, we may teach the enemy this lesson, that a country defended by freeman, enthusiastically devoted to the cause of their King and constitution, can never be conquered.” Remarkable words! How true the sentiments. And so, animated by this belief, strong in the consciousness of right, indignant at an unprincipled foe, he went on his way showing to all an example of “vigor,” and displaying the bravery which freemen alone know how to practice, until in the hour of victory, death overtook him on Queenston Heights. The address of General Brock was supplemented by one from the Legislative Assembly, and no excuse need be offered for introducing it here in extenso. It ought to be read by every Canadian, and the truths it contains made known to the rising generation, that they may know the history of the fathers of those who support Fenianism. Know how unscrupulous the neighbours we have upon our southern borders, have ever been.
“Already have we the joy to remark, that the spirit of loyalty has burst forth in all its ancient splendour. The militia in all parts of the Province have volunteered their services with acclamation, and displayed a degree of energy worthy the British name.
“They do not forget the blessings and privileges which they enjoy under the protection and fostering care of the British Empire, whose government is only felt in this country by acts of the purest justice and most pleasing and efficacious benevolence. When men are called upon to defend everything they call precious, their wives and children, their friends and professions, they ought to be inspired with the noblest resolutions, and they will not be easily frightened by menaces, or conquered by force. And, beholding as we do, the flame of patriotism, burning from the one end of the Canadas to the other, we cannot but entertain the most pleasing anticipations. Our enemies have indeed said that they can subdue this country by proclamation; but it is our part to prove to them, that they are sadly mistaken; that the population is determinedly hostile, and that the few who might be otherwise inclined, will find it their safety to be faithful. Innumerable attempts will be made, by falsehood, to detach you from your allegiance, for our enemies, in imitation of their European master, trust more to treachery than to force, and they will, no doubt, make use of many of those lies, which unfortunately, for the virtuous part of those States, and the peace and happiness of the world, had too much success during the American rebellion; they will tell you that they are come to give you freedom, yes, the base slaves of the most contemptible faction that ever distracted the affairs of any nation,—the minions of the very sycophants who lick the dust from the feet of Bounaparte, will tell you that they are come to communicate the blessing of liberty to this Province; but you have only to look at your situation to put such hypocrites to confusion. Trusting more to treachery than open hostility, our enemies have already spread their emmissaries through the country to seduce our fellow-subjects from their allegiance, by promises as false as the principles on which they are founded. A law has therefore been enacted for the speedy detection of such emmissaries, and for their condign punishment on conviction. Remember when you go forth to the combat, that you fight, not for yourselves alone, but for the whole world. You are defeating the most formidable conspiracy against the civilization of man that ever was contrived. Persevere as you have begun, in your strict obedience to the laws, and your attention to military discipline; deem no sacrifice too costly, which secures the enjoyment of our happy constitution; follow, with your countrymen in Britain, the paths of virtue, and like them, you shall triumph over all your unprincipled foes.”
This address was followed by a second one from General Brock, on the 22nd July, 1812, in which he reviewed an address which had been issued by the American General, who had invited the Canadians to seek voluntarily, the protection of his government; also the threat to show no quarter if the Indians appeared in the ranks; Brock eloquently defended their right to defend their homes against an invading foe.
General Brock having prorogued Parliament, pushed on to the scene of Hull’s invasion, where he had issued a proclamation to the Canadians characterised by absurdity, falsehood, and Yankee brag. Indeed, it seems quite impossible for any American General to indite, an address or proclamation, without exposing himself to ridicule. Having already collected an army at Detroit, General Hull, the commanding officer, crossed over to Sandwich on the Canadian side, and issued the following modest address to the
“INHABITANTS OF CANADA.”—“After thirty years of peace and prosperity, the United States have been driven to arms. The injuries and aggressions, the insults and indignities of Great Britain, have once more left them no alternative but namely, resistance or unconditional submission. The army under my command has invaded your country, and the standard of Union now waves over the territory of Canada. To the peaceable and unoffending inhabitants it brings neither danger nor difficulty. I come to find enemies, not to make them. I come to protect, not to injure you. Separated by an immense ocean, and an extensive wilderness, from Great Britain, you have no participation in her councils, nor interest in her conduct. You have felt the tyranny, you have seen her injustice, but I do not ask you to avenge the one or redress the other. The United States are sufficiently powerful to afford you every security consistent with their rights, and your expectations. I tender you the invaluable blessings of civil, political, and religious liberty, and their necessary result, individual and general prosperity; that liberty which gave decision to our councils, and energy to our conduct, in our struggle for independence, and which conducted us safely and triumphantly through the stormy period of the Revolution. That liberty which has raised us to an elevated rank among nations of the world, and which has afforded us a greater measure of peace and security, of wealth and improvement, than ever fell to the lot of any people. In the name of my country, and by the authority of my country, and by the authority of my government, I promise protection to your persons, property, and rights. Remain at your homes, pursue your peaceful and customary avocations; raise not your hands against your brethren; many of your fathers fought for the freedom and independence we now enjoy. Being children, therefore, of the same family with us, and heirs of the same heritage, the arrival of my army of friends must be hailed by you with a cordial welcome. You will be emancipated from tyranny and oppression, and restored to the dignified station of free men. Had I any doubt of eventual success, I might ask your assistance, but I do not. I come prepared for every contingency, I have a force which will look down all opposition—and that force is but the vanguard of a much greater. If contrary to your own interests, and the just expectation of my country, you will be considered and treated as enemies, the horrors and calamities of war will stalk before you. If the barbarous and savage policy of Great Britain be pursued, and the savages are let loose to murder our citizens, and butcher our women and children, this war will be a war of extermination. The first stroke of the tomahawk, the first attempt with the scalping knife, will be the signal of one indiscriminate scene of desolation. No white man found fighting by the side of an Indian, will be taken prisoner; instant destruction will be his lot. If the dictates of reason, duty, justice, and humanity, cannot prevent the employment of a force which respects no right, and knows no wrongs, it will be prevented by a severe and relentless system of retaliation. I doubt not your courage and firmness; I will not doubt your attachment to liberty. If you tender your services voluntarily, they will be accepted readily. The United States offer you peace, liberty, and security. Your choice lies between these and war, slavery, and destruction. Choose then, but choose wisely; and may he who knows the justice of our cause, and who holds in his hands the fate of nations, guide you to a result the most compatible with your rights and interests, your peace and prosperity.”
But it was not long till the same Gen. Hull was a prisoner among them, and in his journey from Detroit to Quebec he had abundant opportunity of seeing not only the loyalty of the Canadians, but that they knew how to treat a conquered foe with consideration—that without crying it out they could grant every “protection” to their ancient foe, notwithstanding the cruel treatment they had sustained when made exiles.
On the 18th July, with the intrepidity characteristic of the British officer, Brock crossed the Detroit, advanced upon the town with his brave militia and handful of regular troops, and demanded of Gen. Hull the surrender of the place, following up the demand with preparations to assault; but soon the white flag appeared, and Gen. Hull, so brave in writing proclamations, with the whole American army, became prisoners of war. They were conveyed to Quebec in parties, some going by vessels of war from York to Kingston, some in small boats along the shore and across the Carrying Place, by the Bay of Quinté. Most of them were confined in hulks in the St. Lawrence, at Quebec, where they remained until exchanged. Gen. Brock after this brilliant conquest of Detroit, which included the whole of Michigan, lost no time in hastening to the Niagara frontier, where another army was threatening to invade.
Upon the 12th October the Americans were preparing to cross from Lewiston to Queenston. Gen. Brock was at Fort George, Niagara, and hearing the cannon’s sound, hurried to the field of battle. He placed himself at the head of the troops, and triumphantly led them up the heights of Queenston, against the enemy, who had obtained a footing there; but with the deep river between them and safety, the enemy rallied for a time in a struggle for life, and Brock’s men, inferior in number, retired, until his reinforcements had come, for which he would not previously wait. Then again he essayed to lead them on, but his hour had come, and while his cheering voice was ringing out “Push on York Volunteers,” a musket ball struck him down. But the spirit of the brave General was infused into every Canadian. As soon as Gen. Sheaffe had arrived they advanced to conquer the polluters of Canadian soil. Again the whole American army became prisoners of war, and had the privilege of marching the length of the Province to Quebec, and Gen. Scott among the rest, who was favored with a passage down the Bay of Quinté.
Gen. Brock’s Aide-de-Camp, McDonnell also fell, mortally wounded. Brock was buried in a bastion of Fort George, but subsequently his remains found a resting place upon the heights where he fell, and where now rises the monument to his memory. This illustrious Chief was much beloved by the Canadians, and he was held in great veneration. To him—to the energetic and heroic Brock is due to a great extent the subsequent success by which the enemy, ever boasting, was kept at bay, so that when peace was sought by the United States, after three years of war, because England, no longer at war at home, was about to deal heavy blows, there was not a foot of Canadian territory in the enemy’s possession.
Of Gen. Brock the Hon. William H. Merrit, in 1853, speaks as follows:
“It will be in the recollection of many now present, that in the commencement of the war of 1812, only one regiment of British troops, the 48th, was left to defend Upper Canada, from Kingston to Michilimackinac, a distance of one thousand miles, and during the whole campaign, only two companies of the 48th could be spared on this frontier. Although this fact is one of the most striking events connected with that war, it has never yet been brought prominently before the public; yet it clearly proves that the defence of Canada, then rested with its inhabitants. We find that though they consisted principally of the old U. E. Loyalists and their descendants, the native Indians who had been dispossessed of their possessions in the United States, and their descendants, together with residents from the United States—emigration from the Mother Country not having been commenced to any extent,—a population thus composed, not exceeding in Upper Canada, at most 90,000, without troops, without munitions of war, without resources, and without the least expectation of any timely aid from the mother country, with a few troops, unable to contend against a powerful nation, numbering about 8,000,000, with munitions of war, and resources without limit, within a comparative short distance from maritime cities, also numerous forces at command, of which they were not slow of apprising us, in the proclamations circulated from time to time,—it was under those circumstances that the character and ability of Sir Isaac Brock were brought to light. Well knowing on whom he had to depend for the defence of the country, he directed his personal attention to the clothing, arms, equipment, mess, and personal comfort of the militia, and took every opportunity of gaining the good will of the Indians.”
The estimation in which General Brock was held by the people of the Province, was duly evinced by Parliament in passing an act, 14th March, 1815, “to provide for the erection of a monument to the memory of the late president, Major General Sir Isaac Brock.” The value of his wisdom, his councils, his energy, his wise plans, as well as his bravery, and the effects thereof, are fully set forth in the preamble. It was resolved to grant £1,000 for the purpose referred to, and erect the monument at Queenston Heights. Thomas Dickson, Thomas Clark, and Robert Nichol, Esquires, were appointed commissioners to carry out the act. In January, 1826, an act was passed granting £600 more “to complete the monument on a scale which appears to the commissioners worthy of the object.”
Major General Sheaffe, became President, 20th October, 1812, and continued in office until January 19, 1813, when Major General de Rottenburgh assumed the office, and remained until December 12, of the same year. At this date
Lieutenant General Sir Gordon Drummond was inducted as President. It was immediately after this that the infamous American General McClure, set fire to Newark when unprotected, burning 150 houses, and leaving 400 women and children homeless in the middle of December. This act of villany was fully avenged by General Drummond. Having occupied Fort George, a night attack was made upon Fort Niagara, with brilliant success. Then, the burning of Newark was remembered, and from Lewiston to Buffalo the frontier was laid waste, including those two towns. In this connection, we would remark, that in the event of another war with the United States, it would be no doubt the policy of Canada to make frequent disastrous raids into the States, wherever the opportunity presented. The Americans may as well understand that destruction of property will not be all on one side.
These brief sketches of the first Lieutenant-Governors of Upper Canada, will be finished by alluding to one who devised the scheme of uniting the two Canadas, who successfully accomplished that noble design, and became the first Governor of United Canada. He fixed the capital at Kingston, as the most central place suitable for both Provinces, indeed, it is generally understood, that it was a part of the plan when the union was made, that Kingston should become the permanent seat of government. “It virtually formed part of the contract between the respective provinces.” But with the death of Lord Sydenham, also died the opportunity of Kingston remaining the capital of Canada.
Lord Sydenham died at Kingston, in September, 1841, and was buried beneath St. George’s Church. Says Dr. Ryerson, in an affecting letter communicated to the public at that time: “Unlike the close of the session of legislature, which was ever held in either Province of Canada, the termination of the late session will produce throughout Canada the opposite feelings of grateful joy, and melancholy grief. The same post which conveys to the people of Canada, the tidings of the harmonious and happy conclusion of a session unprecedented in the productiveness of comprehensive and valuable measures for the general improvement and social and intellectual elevation of the province, conveys to them the appalling announcement that death has terminated the earthly career of the noble mind which conceived those improvements and originated those institutions which will form a golden era in the annals of Canadian history, by laying the foundation of Canadian prosperity and greatness. While blessings are multiplied us, the agent of those blessings is removed from us, and our country is, at the same moment, thrilled with joy and consternation—and on the same day vocal with thanksgiving and clothed in sackcloth; luminous with hope and involved in mourning. Thus do the strokes of Providential chastisement accompany the out-beamings of Providential munificence; and the brightest picture of human life is shaded with disappointment, suffering, and bereavement. It is in heaven only that death is unknown, that pain is never felt, and tears are never shed.
“Lord Sydenham belongs essentially to Canada. His nobility was fairly earned in her service; the ripest fruits of his experience and acquirements are embodied in her institutions; his warmest and latest sympathies are blended with her interests; his mortal remains repose, by choice, among her dead; and his name is indelibly inscribed in the affectionate esteem and grateful recollections of her inhabitants.
“It is not easy to determine which is most worthy of admiration, the comprehensiveness and grandeur of Lord Sydenham’s plans, the skill with which he overcame the obstacles that opposed their accomplishment, or the quenchless ardor and ceaseless industry with which he pursued them. To lay the foundations of public liberty, and at the same time to strengthen the prerogative; to promote vast public improvements, and not increase the public burdens; to promote a comprehensive system of education upon Christian principles, without interfering with religious scruples; to promote the influence and security of the government by teaching the people to govern themselves; to destroy party faction by promoting the general good; to invest a bankrupt country with both credit and resources, are conceptions and achievements which render Lord Sydenham the first benefactor of Canada, and place him in the first rank of statesmen. His Lordship found a country divided, he left it united; he found it prostrate and paralytic, he left it erect and vigorous; he found it mantled with despair, he left it blooming with hope. Lord Sydenham has done more in two years to strengthen and consolidate British power in Canada by his matchless industry, and truly liberal conservative policy, than have been done during the ten previous years by the increase of a standing army, and the erection of military fortifications. His Lordship has solved the difficult problem, that a people may be colonists and yet be free; and, in the solution of that problem, he has gained a triumph less imposing, but not less sublime and scarcely less important, than the victory of Waterloo; he has saved millions to England, and secured the affections of Canada.
“In the way of accomplishing these splendid results, the most formidable obstacles oppose themselves. At the foundation of these lay the hitherto defective theory, and worse than defective system of Colonial Government; a system destitute of the safety-valve of responsibility, of the attributes of freedom, and of the essential materials of executive power; a system which was despotic from its weakness, and arbitrary from its pretences to representation; a system inefficient in the hands of good men, and withering in the hands of mistaken or bad men.”
Chapter LX
CONTENTS—Kingston—First capital—First act of government—Niagara— Selecting the capital—Niagara in 1788—Carrying Place—Landing Place—Newark—In 1795—Mr. Hamilton—The inhabitants—Little York—The Don—The Harbor—Survey—De la Trenche—London—Inhabitants of the Don— Yonge Street, a military road—Governor at York—Castle Frank—York in 1798—The Baldwins—In 1806—Buffalo—York, 1813—Taken by the Americans—The Combatants—Toronto—“Muddy York”—A monument required.
THE CAPITALS OF UPPER CANADA.
The site of the old Fort Frontenac, the first township to be surveyed, and the place whereon to form the first village in Western Canada, was in reality the first capital of Upper Canada. Here the first Governor was inducted solemnly upon a Sabbath to his office; here he formed his first cabinet, the Executive Council; here he selected the gentlemen to form his first Legislative Council; here he issued his proclamations forming the province into counties and arranging the representation. Although the first Parliament did not meet here, the first acts of government were here performed, and public documents were dated at “the Government House, Kingston, 1792.”
We have elsewhere spoken of Niagara River and the early French Fort here erected, and its capture by the English. We have learned that the place was garrisoned by troops during the rebellion, and that many refugees here found a safe retreat.
Lord Dorchester desired Simcoe to make Kingston the capital of the new province. But he was unwilling to do so until he had informed himself of the advantages which other places might offer. It seems that he became impressed with the belief that the seat of government should be placed in the peninsula of Upper Canada, and finally determined to fix it at the mouth of the River Niagara, notwithstanding the recommendation of Dorchester, the wishes of Bouchette, the Commodore of the Navy, and the urgent requests of the Kingston merchants.
Collins in his report 1788, speaks of Navy Hall, near Niagara; that the buildings of Navy Hall, are for the most part in exceeding bad repair, and the wharf is in ruins. Of the Ranger’s Barracks one pile has been so far dismantled as to be past re-establishing, one end indeed, might perhaps, with some fitting up, be made to serve for some time as a blacksmith’s shop to the Indian Department, which they say is much wanted; the other pile is capable of being repaired, and might also answer for a temporary accommodation, (at least in part) this same department, their storehouses, &c., on the Niagara side as already observed being in absolute ruin and not repairable; the fitting up of this pile of buildings would cost about £35. The storehouse at the landing place, which is of round log work, is mostly rotten, and altogether in exceeding bad repair, and should be rebuilt; the dwelling house is much out of repair. The ways, wharf, cradle, and capstan, want some repair, which may be done for about £20, all the picketing and small platforms in the angles of Fort Schlosser, are rotten and in a tottering state, part of the wharf has been washed away, and the remainder cannot last long. The barracks and store houses are not in much better condition, they have been kept standing by the temporary repairs which have been annually performed, merely to keep the weather out.
“From Niagara to the landing place, below the Falls, is about seven miles and a quarter, there is a tolerable good road, but the merchandise, store, &c., are carried up the river in batteaux or vessels, there being sufficient depth of water all the way up, and also alongside the wharf to unload, beyond this place the current becomes too strong to proceed any further by water without great difficulty, boats, indeed, but not vessels, go about half a mile higher, but no advantage can be obtained from it as the shore then becomes impracticable, being a precipice of loose rock about three times as high as where the present landing is. From the wharf at the landing, goods are drawn up the side of the bank about fifty feet high upon ways, on easy slope by a capstan fixed at the top; from this place there is a waggon road of seven miles to Fort Schlosser, a mile and a half above the Falls, where the goods are again put into boats and carried up eighteen miles to Fort Erie, from whence they are conveyed in vessels across Lake Erie to Detroit.
“I think a better situation for a landing place might be chosen below the present one, about half a mile distant by land, and three-quarters by water. The bank of the river here is not half the height of the other; the water is sufficiently deep at a short distance from the shore for vessels to unload; and by raising a wharf and lowering some of the bank for a road, the labor and delay of hauling goods up by ways, as is the present practice, and would be avoided; it would also be much more convenient and expeditious for vessels to come up to, as the worst part of the navigation would be avoided, which in passing round a point between this place and the landing. The length of road to be made from this proposed landing place, will be about half a mile, but it is mostly good ground and will not require much expense. The real length of land carriage, however, to Fort Schlosser, will not be increased, or at most more than 100 or 150 yards.”
The original British fort at Niagara was upon the east side of the mouth of the Niagara River, upon the present site of the American Fort. By a treaty entered into in 1794, Great Britain was to vacate this fort, with others situated to the south of the lakes, namely, Oswego, Detroit, Miami, and Michilmacinac, which was done in 1796. Upon the west side of the river, upon a point known as Mississauga Point, had sprung up a small village. This, it is said, was the largest collection of houses after Kingston when Governor Simcoe arrived, and here he decided to make his residence, and the permanent capital of the new province. He lived “in a small frame house, half a mile from the village.” To this place he gave the name of Newark. There was up the river, at the end of navigation, and at the commencement of the portage around the falls to Lake Erie, a small village which had arisen from the course of travel upwards to the western lakes. The boats which left Kingston, on their way westward, were here unloaded. And this place had taken the name of Queen’s Town, a name which it retains to the present day. Rochefoucault says, in 1795, “The different buildings, constructed three years ago, consist of a tolerable inn, two or three good storehouses, some small horses, a blockhouse of stone, covered with iron, and barracks. Mr. Hamilton, an opulent merchant, who is concerned in the whole inland trade in this part of America, possesses in Queen’s Town, a very fine house, built in the English style; he has also a farm, a distillery, and a tan-yard. The portage was formerly on the other side of the river; but as this, by virtue of the treaty, falls under American Dominion, government has removed it hither.” The same writer, speaking of Newark says, “About a hundred houses, mostly very fine structures, have already been erected, but the progress of building will probably be arrested by the intended removal of the seat of government. The majority of the inhabitants, especially the richest of them, share in the administration; and consequently will remove to whatever place the government may be transferred. In point of size and elegance, the house of Colonel Smith, of the 5th Regiment, is much distinguished from the rest, being constructed, embellished, and painted in the best style.”
YORK.—Governor Simcoe was thoroughly English; unlike Governor Maitland, who gave foreign names in his time, he was intent upon erecting another England in America. One new England had alienated itself, and he determined another should arise in its place, and hence he gave to his new capital the name of York. The present New York had been named York, after James Duke of York, brother to Charles the II. The term new being prefixed to distinguish it from old York of England. To distinguish the new capital of Canada from both of the others he designated it Little York.
As soon as Simcoe learned that the Niagara fort was to be delivered to the United States, he saw the necessity of removing the capital, as it would never do to have it under the guns of a foreign government. The extreme dislike with which he saw the fort pass into the Republic’s hands no doubt led to the haste with which he set about the removal of the Seat of Government. After examining several points upon the upper lakes, and Lake Ontario, he selected the present site of the City of Toronto, back of which was a fort of the same name, or rather Taranto. Upon this spot, which then had for inhabitants but two families of Mississauga Indians, Governor Simcoe immediately quartered one division of his old regiment, the Queen’s Rangers, which came the 1st July, 1793. The same summer Bouchette, of the Royal Navy, surveyed the harbour or bay.
The harbour of Toronto was first examined, by Deputy Surveyor Collins, in 1788, when he made a survey of all of the waters of the Upper Lakes, and the several forts, by instructions from Lord Dorchester. In his report he says, “The breadth at the entrance is about half a mile, but the navigable channel for vessels is only about 500 yards, having from three to four fathoms water, the north of the main shore the whole length of the harbour, is a clay bank from 12 to 20 feet high, and rising gradually behind, apparently good land and fit for settlements. The water is rather shallow near the shore. The shoalness of the north shore as before remarked, is also disadvantageous as to creating wharfs, quays, &c. In regard to this place as a military post, I do not see any striking features to recommend it in that view, but the best situation to occupy for the purpose of protecting the settlement and harbour would, I conceive, be on the point A, near the entrance thereof.”
Subsequently however, Simcoe relinquished the intention of making York the Capital, and determined to erect one at a central point in the peninsula lying between Lakes Ontario, Erie and Huron. He selected a site upon the river De la Trenche, which he named the Thames, and, to the intended Capital he gave the name of London. He also gave the name to the town of Chatham, a place intended by him, in carrying out his plan of forming a navy, for a navy yard, which he intended to have communicate with a route between Lake Huron and Lake Ontario. In the mean time he kept troops to work, to cut a military road to the Thames, which he called Dundas Street after the Home Minister. At the same time he “intended York the centre of the naval force on Lake Ontario.” In 1795 there had not been more than twelve houses built in York, which stood on the bay near the Don. This year the land was surveyed into lots. “The inhabitants” says Rochefoucault do not possess the fairest character, to which Gourlay adds, in spite, “Nor have they yet mended it.” The River Don was an old Indian route to the waters of Simcoe Lake and the Huron. The portage to a Lake, subsequently named after the Governor, was thirty miles. The barracks, where Simcoe’s regiment was stationed, was two miles from the Don, the present site of the old barracks. At that time, in a circumference of 150 miles, the Mississauga Indians were the only neighbours of York.
The desire of Simcoe to fix the capital at London was overruled by Lord Dorchester, who, although a true friend of Canada, seemed to oppose Simcoe. Having decided upon Toronto as the capital, Simcoe proceeded to have constructed a military road from the waters of Lake Ontario to Lake Simcoe. This road is now Yonge Street. From 1794 the Governor resided at York, part of which time was in his camp tent, until his departure.
Governor Simcoe caused to be built at York, upon the Don River, about three miles up, on a beautiful eminence, a somewhat large frame building, which he named after his son, Castle Frank. This building was standing in 1829.
By the kind favor of Mrs. Murney, relict of the late Hon. E. Murney, of Belleville, and her most estimable parent, Mrs. Breckenridge, sister of the late Hon. Robert Baldwin, we are able to give some particular notice of the appearance of York at a later date. Mrs. Breckenridge’s father, with his family of three sons and four daughters, arrived from Ireland after innumerable delays and losses, dangers, and escapes by sea and land, at York in 1798. They found it composed of about a dozen houses, “a dreary dismal place, not even possessing the characteristics of a village. There was no church, school-house, nor in fact any of the ordinary signs of civilization, being in fact a mere settlement. There was not even a Methodist chapel, nor does she remember more than one shop. There was no inn; and those travelers who had no friends to go to, pitched a tent and lived in that so long as they remained. My grandfather and his family had done so during their journey. The Government House and the garrison lay about a mile from York, with a thick wood between. After remaining a few days at York, the family proceeded to take possession of a farm in the township of Clarke. They traveled in an open batteau, when night came pitching their tent on the shore of the lake.” The following year Mrs. Breckenridge, then a young girl, accompanied her father and sister to New York, whither the latter was going to be married to Mr. Morgan, grandfather of Gen. Dix, the United States Minister to France. She returned in 1806, and found many changes and improvements—“where cities now stand, there was then only woods,” for instance, at Buffalo, where she passed a night, was a solitary inn with a swinging sign. But York was mostly changed, there was a church, a jail, a light-house building, and many nice houses, and the woods between the garrison and town were fast disappearing. Governor Gore was then there.
On the 27th April, 1813, 2,700 Americans landed a little west of Toronto. Two companies of the 8th, or King’s Own, with some Indians, one company being the grenadiers, the other being the 3rd company, under Capt. J. H. Eustace, both being led by Capt. McNeale, were sent to oppose the landing. The portable magazine of the advance battery was accidentally blown up killing some twenty of the grenadiers, Capt. McNeale, was also killed. This accident led to Sir R. H. Sheaffe’s retreat, and the destruction of the magazines. The total loss was 97, including two officers and four non-commissioned officers. “The force engaged, including the two companies of the 8th, consisted of one company of Newfoundland Fencibles, one company of Glengarry Light Infantry, a detachment of Royal Artillery, Militia, Volunteers, and Indians—in all about 600 men. Among the volunteers was the present highly esteemed Chief Justice of Upper Canada, Sir J. B. Robinson, and Sir Allan McNab.” The gallantry of these two gentlemen was most conspicuous. The unequal contest continued for 4 hours. The month following the remnant of the 8th was nearly annihilated at the attack upon Sackett’s Harbour. The above facts and eulogium upon two distinguished Canadians are derived from Edward Hincks, who was Lieut., and who was present in charge of a two gun battery, and “Another of the surviving officers of the 8th regiment,” published in London in 1860, upon the discovery of human remains near the old fort at Toronto, which proved to be some of the grenadiers who were killed by the explosion of their magazine.
The name of York continued to belong to the capital till 1834, when it received the more appropriate name of Toronto, an Indian word we are told, which signifies “trees growing out of the water,” referring to the low level shore, with the trees at the waters edge. For many years before the name was changed; from the vast quantity of mud which made the streets almost unpassable, the place obtained the designation of “Muddy York.”
In 1820 a Parliament House was built near the site of the present County Jail, at the front of the present Parliament Street; this building was burned down in 1824.
In 1830 an address was carried by the House, to be presented to the Governor, “to remove the Seat of Government from York to a place of security,” but no action was taken in the matter.
The wisdom in the choice of selecting this situation upon which to found a capital for Upper Canada cannot be questioned. The proof is found in the handsome and richly circumstanced City of Toronto. Should not Toronto, now again the Capital of Ontario, the seat of learning, of magnificent Universities, the home of refinement, the abode of wealth, erect a monument to the memory of its founder, the illustrious first Governor of the Colony?
Chapter LXI
CONTENTS—Parliament—Simcoe’s Proclamation—Nineteen counties formed— Names, and boundaries—First elections—Names of members—Officers of the House—A Quaker member—Chaplain—Meeting of Parliament—The Throne, a camp stool—Address—To both houses—Closing address—Acts passed—Simcoe’s confidential letters—A contrast—A blending—2nd Session The Acts—Quarter Sessions—3rd, 4th, 5th Sessions—New division of Province—1798—Modes of punishment—Burning the hand— Whipping—Salaries of officers—Revenue first year—The members of Parliament—Education—Offering for Parliament—A “Junius”—Early administration of justice—“Heaven-born lawyers”—First magistrates.
THE LEGISLATIVE ASSEMBLY.
Upon the 16th July, 1792, Lieutenant-Governor Simcoe issued a proclamation in the name of the King, having for its object the organization of a Legislative Assembly composed of persons, to be elected by the people, of which there should be sixteen, and dividing the province into counties. It was as follows:
“Know ye, that our trusty and well-beloved John Graves Simcoe, Esquire, our Lieutenant-Governor of our Province of Upper Canada, hath, and by this our proclamation doth, divide the said Province of Upper Canada into counties, and hath and doth appoint and declare the number of representatives of them, and each of them, to be as hereinafter limited, named, declared, and appointed,” &c.
Nineteen counties were formed, namely: “Glengary, Stormont, Dundas, Grenville, Leeds, Frontenac, Ontario, Addington, Lenox, Prince Edward, Hastings, Northumberland, Durham, York, Lincoln, Norfolk, Suffolk, Essex, Kent.”
For the purpose of representation in Parliament, the following arrangements were made: Glengary was divided into two ridings, each riding to send a representative to the Legislative Assembly; Stormont, to send one member; likewise Dundas and Grenville each to have a representative; Leeds and Frontenac together, to send one representative; Ontario and Addington to send one representative; Prince Edward, together with the late township of Adolphus, in the County of Lenox, to send one member; Lenox (except Adolphustown) with the Counties of Hastings and Northumberland, to elect one member; Durham and York, and the first riding of Lincoln, to be represented by one member; the second riding of Lincoln to have one member; the third riding of Lincoln to have one member; the fourth riding of Lincoln, and the County of Norfolk, to have one member; Suffolk and Essex to have one member; the County of Kent, which included all the west not Indian territories, to the Hudson’s Bay, to have two members. The proclamation was dated Government House, Kingston, 16th July, 1792, William Jarvis, Secretary.
The elections must have followed hard after the issuing of the proclamation, as Parliament met on the 17th of September following. They probably took place in August. Simcoe writing in November, to the Secretary of State for the Colonies, speaks of the elections in these words:—“On my passage from Montreal to Kingston, I understood that the general spirit of the country was against the election of half-pay officers into the Assembly, and that the prejudice ran in favour of men of a low order, who kept but one table, that is, who dined in common with their servants.”
The names of those first elected to Parliament were John McDonnell, who was elected Speaker; Joshua Booth; Mr. Baby; Alexander Campbell; Philip Dorland, (but being a Quaker, he would not be sworn and did not take his seat, and Peter VanAlstine was elected in his place); Jeremiah French; Ephraim Jones; William Mocomb; Hugh McDonnell; Benjamin Pawling; Nathaniel Pettit; David William Smith; Hazleton Spencer; Isaac Swazy; —— Young; John White—16. Simcoe, in a despatch, spoke of the last mentioned:—“It was by good fortune that the temporary residence I made at Kingston created sufficient influence to enable us to bring the Attorney General White, into the House.
The oaths to the members were administered by the Governor’s Civil Secretary, William Jarvis, Esq., who was also the first registrar of the Province. McDonnell, the member for Glengary, was unanimously elected to the speakers chair. Angus McDonnell was clerk to the Assembly; George Law, Sergeant-at-arms. In the matter of Philip Dorland, of Adolphustown, a Quaker, who refused to take the oaths, a resolution was unanimously passed by the House, that he was incompetent to sit and vote in Parliament unless he took the necessary oath, and consequently a writ was issued for a new election.
A chaplain, the Rev. Mr. Addison, was elected to the House of Assembly, and he, on the day of prorogation, preached a sermon to them before they were summoned to meet the Governor in the Legislative Council Chambers. Mr. Addison continued a chaplain for thirty years, and was then granted a yearly pension of £50.
This first Upper Canadian Parliament assembled at Newark, now Niagara, on the 18th September, and was prorogued 15th October following. The circumstances of this infant legislation were well fitting the new-born colony. The Governor himself was a soldier by profession. Most of the members elect had been inured to the life of the camp, though subsequently to the settling of the wilderness, and they could, with no ordinary interest, and with appropriate intelligence, direct themselves to the work of legislation. The first Parliament of Upper Canada met in no stately hall; the proceedings must have borne some resemblance to a court-martial. The collective wisdom of Upper Canada assembled in a camp-tent on the plains of Niagara. On the 18th September, the Governor, with his Secretary, and probably adjutant, took his seat, not upon the throne, but a campstool, and delivered the following address:
HONORABLE GENTLEMEN, &C.—I have summoned you together under the authority of an Act of the Parliament of Great Britain, passed last year, which has established the British constitution, and all the forms which secure and maintain it in this distant country.
“The wisdom and beneficence of our most Gracious Sovereign and the British Parliament, have been eminently proved, not only in importing to us the same for government, but also in securing the benefit, by the many provisions that guard this memorable act. So that the blessing of your invaluable constitution, thus protected and amplified, we may hope will be extended to the remotest posterity. The great and momentous trusts and duties which have been committed to the representatives of this Province, in a degree infinitely beyond whatever, till this period, distinguished any other colony, have originated from the British nation, upon a just consideration of the energy and hazard with which its inhabitants have so conspicuously supported and defended the British constitution.
“It is from the same patriotism, now called upon to exercise with due deliberation and foresight, the offices of civil administration that your fellow-subjects, of the British Empire, expect the foundation of that mien of industry, and wealth of commerce and power, which may last through all succeeding ages.
“The natural advantages of the Province of Upper Canada are inferior to none on this side of the Atlantic; there can be no separate interest through its whole extent. The British form of government has prepared the way for its speedy colonization; and, I trust, that your fostering care will improve the favourable situation; and that a numerous and agricultural people will speedily take possession of the soil and climate, which, under the British laws, and the munificence with which His Majesty has granted the lands of the Crown, offer such manifest and peculiar encouragement.”
The session was closed the 15th October. The Governor delivered the closing speech.
“HONORABLE GENTLEMAN, &C.—It is with very great satisfaction that I have considered the acts which you have found it expedient to frame, and to which, in consequence of the power delegated to me, I have this day given my assent, that they shall become laws of the Province of Upper Canada.
“As the division which His Majesty, in his wisdom, thought proper to make of the late Province of Quebec, obviated all inconveniences, and laid the foundation for an establishment of the English laws in the Province, it is natural to presume, that you would seize the first opportunity to impart that benefit to your fellow-subjects; and by the act to establish trials by jury, and by that which makes the English law the rule of decision, in all matters of controversy, relative to property and civil rights, you have fully justified the public expectation. Your other acts seem calculated to promote the general welfare and commerce of the Province, &c.
“HONORABLE GENTLEMEN, AND GENTLEMEN.—I cannot dismiss you without earnestly desiring you to promote, by precept and example, among your respective counties, the regular habits of piety and morality, the rarest foundations of all private and public felicity; and, at this juncture, I particularly recommend to you to explain, that this Province is singularly blest, not with a mutilated constitution, but with a constitution which has stood the test of experience, and is the very image and transcript of that of Great Britain, by which she has long established and secured to her subjects, as much freedom and happiness as is possible to be enjoyed, under the subordination necessary to civilized society.”
The modest and matter-of-fact Parliament passed eight Acts at this the first session. Chapter I., An Act to Repeal certain parts of an Act, passed in the fourteenth year of His Majesty’s Reign, entitled, “An Act for making more sufficient provisions for the Government for the Province of Quebec, in North America, and to introduce the English Law as the rule of decision in all matters of controversy relative to Property and Civil Rights.” Chapter II., “An Act to establish Trials by Jury.” Chapter III., “An Act to establish the Winchester Measure, and a Standard for other Weights and Measures.” Chapter IV., “An Act to Abolish the Summary Proceedings of the Court of Common Pleas in actions under Ten Pounds Sterling.” Chapter V., “An Act to prevent Accidents by Fire.” Chapter VI., “An Act for the more easy and speedy Recovery of Small Debts.” Chapter VII., “An Act to Regulate the Toll to be taken in Mills, not more than one-twelfth for Grinding and Bolting.” Chapter VIII., “An Act for Building a Gaol and Court-house in every District within the Province, and for altering the names of the said Districts. The District of Lunenburgh to be henceforth called the Eastern District; Mecklenburgh, the Midland District; Nassau, the Home District; Hesse, the Western District.”
Thus was the new-born colony, whose germ had been planted in the wilderness eight years previous, ushered into life, and thus the functions thereof were commenced.
Simcoe, it would seem, wrote frequent despatches to the Colonial Secretary; and in one he gives his opinion of this first meeting of the representative body of Upper Canada: “At this first meeting they were active and zealous for particular measures, according to the promises they had made, or the instructions they had received. Many bills were accordingly framed, which required only a little time to evince their impropriety or futility. Having offices to create and salaries to bestow, they were rather too liberal of their patronage, and pledged their credit to £174 annually to different officers. The Legislative Council made no engagements, but, of course, their expenses must be equal. The sum of £348 was, therefore, the first item.” “Upon the whole, I have no reason to be dissatisfied with the disposition and conduct of the Assembly, considering that it is composed of persons of not any restrictive method, and unacquainted with power. I hope that by treating them with temper and moderation, they may become a beneficial establishment to the Province.” McMullen says, by way of contrast, that “the Upper Canadian Parliament, with its “home-spun” members, took five weeks to do what had taken the Lower Canadian Seigniors seven months to accomplish.”
How great the change wrought by seventy-five years! As the log hut in the wilderness has been superseded by the elegant mansion, handsome villa, with thriving towns and cities, so has the tented capital of Newark been forgotten in surveying the magnificent proportions of the buildings at Ottawa; and the camp stool, and nature’s carpet of green, in the elegant halls. And as the Legislature, whose infant days were passed within the sound of the majestic Niagara, where its waters are precipitated over a stupendous fall, and sweep on to fill a mighty lake, has, after numerous mutations, and many uncertainties, found a safe home upon the rugged cliffs overlooking the Ottawa, where still may be heard the swelling sound of falling waters, as they rush down the Chaudiere; so may the confederated Provinces forming the New Dominion, after many changes, and frequent political uncertainties—hope alternating with fear, not alone meet in formal union,—not as incompatible elements of an unwise and unequal connection, but as one people; even as the waters of the great Ottawa, mighty in itself, meet and unite with the farther coming St. Lawrence, and, commingling, form the grand stream of the Lower Lawrence, upon whose bosom the proudest ships rest, and which is a highway of trade, unsurpassed in the world.
The second session of the parliament of Upper Canada, was opened at Newark, 31st May, 1793; prorogued 9th July, following. At this sessions were passed thirteen bills, most of which were important and useful measures. The first was “for the better regulation of the Militia;” the second, respecting the appointment of town officers; the third, having respect to assessments and rates, and payment of assembly-men; the fourth, about highways; the fifth, concerning marriage; sixth, of courts of Quarter Sessions within the several districts; the seventh, a most important one—an everlasting one of honor, “to prevent the further introduction of slaves,” and to limit the time of servitude of those in slavery; the eighth, respecting courts of Probate; ninth, to establish regulations about duties between Upper and Lower Canada; tenth, for paying salaries of officers of Legislative Council and Assembly; eleventh, to encourage the destruction of wolves and bears; twelfth, returning officers of the several counties; thirteenth, also about officers, and taxing wine and spirituous liquors.
The places fixed for the holding of Quarter Sessions were Cornwall, New Johnson, Kingston, Adolphustown, Newark, and Michilmacinac. For the Midland District, it was enacted that they should “commence and be holden in Adolphustown, on the second Tuesday in the month of July, and on the second Tuesday in the month of January; and in Kingston on the second Tuesday in the month of April, and on the second Tuesday in the month of October.”
The third session of the 1st parliament met at Newark, on the 2nd June, 1794, and prorogued 9th July following. At this session there was a continuation of that wholesome legislation which had characterized the two previous sessions. Twelve acts were passed.
The fourth session was at Newark, commencing 6th July, 1895, when four acts were added. It was prorogued 10th August, following.
A fifth session of first parliament met at Newark, 16th May, 1796, and was prorogued 3rd June following. Seven acts were passed. This was the last meeting of parliament under the governorship of Simcoe.
The second parliament opened at York, 16th May, 1797, under the presidency of the Hon. Peter Russell. It was prorogued 3rd July, following. Eighteen measures passed.
Second session under Hon. P. Russell, met at York, 5th June, 1798, prorogued 5th July. Passed eight bills. Among these bills was one “to ascertain and establish the boundary lines of the different townships of the province.” Stone or other durable monuments to be set up, to mark the corners of lots; and any person wilfully defacing or removing such, to “be adjudged guilty of felony, and to suffer death without the benefit of the clergy.” Another important act, which the growing province demanded, was “for the better division of the province,” into townships, counties and districts. According to this, there were formed eight districts, with twenty-three counties, and one hundred and fifty-eight townships. The districts were the Eastern, Johnson, Midland, Newcastle, Home, Niagara, London, and Western. The Midland district, with which we have more particularly to do, “was composed of four counties, with land in their rear to the northern limits of the province.” The first county was Frontenac. In this we have Kingston, as well as the townships Pittsburgh, Loughborough, Portland, Hinchinbroke, Bedford, and Wolfe Island. The second county, the incorporated counties of Lenox and Addington; consisted of the townships of Ernesttown, Fredericksburgh, Adolphustown, Richmond, Camden, Amherst Island, Sheffield. The third county, Hastings; contained Sydney, Thurlow, Mohawk land, Tyendinaga, Hungerford, Huntingdon, and Rawdon. The fourth, Prince Edward, had Marysburgh, Hallowell, Sophiasburgh, and Ameliasburgh.
The third session met at Newark, 12th June, 1799, and was prorogued 29th of the same month; five acts having been passed.
The fourth session met at York, 2nd June, 1800, prorogued 4th July, under Lieutenant-General Hunter. Six acts were passed, the first of which was “for the further introduction of the criminal law of England, and for the more effectual punishment of certain offenders.” The third clause is as follows: “That whereas the punishment of burning in the hand, when any person is convicted of felony within the benefit of clergy, is often disregarded and ineffectual, and sometimes may fix a lasting mark of disgrace and infamy on offenders, who might otherwise become good subjects and profitable members of the community; be it therefore enacted by the authority aforesaid, that from, and after the passing of this act, when any person shall be lawfully convicted of any felony, within the benefit of clergy, for which he or she is liable by law to be burned or marked in the hand, it shall, and may be lawful for the court before which any person so convicted, or any court holden for the same place with the like authority, if such court shall think fit, instead of such burning or marking, to impose upon such offender such a moderate pecuniary fine as to the court in its discretion shall seem meet; or otherwise it shall be lawful, instead of such burning or marking, in any of the cases aforesaid, except in the case of manslaughter, to order and judge, that such offender shall be once or oftener, but not more than three times, either publicly or privately whipped; such private whipping to be inflicted in the presence of not less than two persons, besides the offender and the officer who inflicts the same, and in case of female offenders, in the presence of females only; and such fine or whipping so imposed or inflicted, instead of such burning or marking, shall have the like effects and consequences to the party on whom the same, or either shall be imposed or inflicted, with respect to the discharge from the same or other felonies, or any restitution to his or her estates, capacities, and credits, as if he or she had been burned or marked as aforesaid.”
In 1801 the salaries of the officers of the parliament stood thus; per annum.
Clerk of Legislative Council, £145. Usher of the Black Rod, £50. Master in Chancery, attending the Legislative Council, £50. Chaplain of the Legislative Council, £50. Door-keeper of ditto £20. Speaker of the House of Assembly, £200. Clerk of ditto, £125. Sergeant-at-Arms, £50. Chaplain of the House of Assembly, £50. Door-keeper of ditto, £20. Copying Clerks, £50. Total, £805.
The first tax raised by statute in the province, was to pay the members, who received $2 per day.
The revenue of the whole province the first year was £900.
Elsewhere the fact has been stated that many of the settlers were devoid of a liberal education; while the stern duties of pioneer life precluded the possibility of any mental culture whatever. At the same time competent school teachers for the young were not to be had. With a population made up of such material, the question might be asked with becoming seriousness, “Where are we to get our representative men to carry out responsible government as accorded to the young province of Upper Canada?” Many of the first Assembly men were not possessed of book learning, and all along the list of those who have been M.P.P.’s, up to the present, may be found very many who were limited in their education. Yet, the first members convened in the tent, on the green slopes of Niagara, discharged their duty with much decorum and despatch.
It would be an interesting chapter to introduce some account of the first members of Parliament, and the political contests in the early days of Upper Canada. In the absence of complete information, we give such items relating thereto as have come under notice. We have already given the names of those elected to the first Parliament.
Among the early members was James Wilson, of Prince Edward, he was first elected in 1808, or 9, and remained a member for some twenty-four years. Simeon Washburn, was also a member for a time. Allen McLean, in a notice dated Kingston, 18th May, 1812, says “To the independent electors of the County of Frontenac. Having had the honor of representing you at three successive Parliaments, I again make you a tender of my services, and beg leave to solicit your votes and interest at the ensuing election.”
Amos Ansley, Esq., says, in an address, dated at Kingston, May 20, 1812: “To the Electors of the County of Frontenac. Having had the honor to represent this County in the first foundation of its happy constitution, I again make you a tender of my services, and beg leave to solicit your votes and interest, &c.” James Cotter, of Sophiasburg, was elected to Parliament in 1813, and served four years.
A man of sterling integrity, and good common sense may make a useful Member, if he be not egotistical. In recording the early events of the Bay, we must not hesitate to mention an incident which, at the time, created no little comment with the public, but brought chagrin to an M. P. P. A member, who shall be nameless, whose early advantages for education had been extremely limited, but with any amount of self-confidence, was, on one occasion, sarcastically, but humorously, brought to task in the Kingston Herald, by an anonymous writer. The member replied, and in so doing, “copied verbatim, nearly the whole of the first part of Sir William Draper’s letter to Junius, dated Jan. 26, 1769, in defence of his friend Lord Granby, over his own signature. Macaulay, a young lawyer of Bath, noticed the plagiarism, and exposed the M. P. P.,” which we believe, resulted in the political demise of that individual.
THE EARLY ADMINISTRATION OF JUSTICE.
For two years, Upper Canada, after becoming a distinct Province, was without any lawyers. But, in 1794, such a number of Acts were found upon the statute books, that it was necessary to create some to interpret, not mystify the law. It was provided that his “Majesty should appoint not more than sixteen, whom he should deem, from their probity, education, and condition of life, best qualified to receive the license to practice law.” This appointment of lawyers by the Executive, gave rise to an expression of derision in after days, of “heaven-born lawyers.”
The first lawyer appointed in Johnson District, was Samuel Sherwood, who had studied law two or three years with lawyer Walker, of Montreal. Jacob Farand, was the first lawyer in the Eastern District. Allen McLean, the first lawyer for Kingston, and Mr. Hagerman, the first for the Bay Quinté.—(See U. E. Loyalists). James Clarke was appointed for Niagara District; also, William Dickson, of Niagara, and Angus McDonald for Cornwall.
After the formation of Upper Canada into a Province, a number of magistrates were appointed to each District, to form a Court of Quarter Sessions. The four gentlemen who had been the judges of Lunenburgh, Mecklenburgh, Nassau, and Hesse, respectively, no longer had so extensive a jurisdiction. We have no further information of Robertson, in this respect, and Duncan left the Province. But Cartwright and Hamilton continued to fill the same positions, as chairmen of the Quarter Sessions, in their respective Districts. After the death of Cartwright, in the Midland District, Colonel Thompson was appointed to the office, and his successor was Alex. Fisher, of Adolphustown. John Ferguson was also Judge of the District Court.
Among the first appointments for magistrates, was Thomas Sherwood, of Leeds. Also, Dr. Solomon Jones, who was afterward Judge of the District Court.
Charles Stuart, Esq., was, for many years, Sheriff of the Midland District; he died while yet young, in 1816. The first Sheriff of Niagara District, was Alex. McDonnell; the next was Barrack-master Clark, and afterwards Thomas Merritt was appointed.
Among the first, probably the first, magistrates appointed in Thurlow, were Col. Wm. Bell, Col. Hazelton, and James McNabb. Most likely Bell had the commission before the others. Bell generally held his Court of Requests at Mrs. Simpson’s Inn. On 19th April, 1822, it was held at the house of John Taylor.
DIVISION X. THE EARLY MILITIA OF UPPER CANADA.
Chapter LXII
CONTENTS—Militia Act, 1792—Simcoe—No faith in the Americans—His views—Military Roads—Division of Districts—Military purposes—The officers—Legislation—The expenses—Repeated Legislation—Aggressive spirit—The Enrolment—Hastings Battalion—“Something brewing”—List of Officers—Col. Ferguson—Col. Bell—Leeds Militia—Officers’ Clothing—The Midland District—Prince Edward—Training Places.
THE MILITIA.
Any magisterial power that the military commanders of the first settlers may have possessed was lost by the proclamation of Lord Dorchester, in 1788, forming Upper Canada into districts, and appointing to each a staff of civil officers. From this period until 1792, after the meeting of the second session of the First Parliament, the military organization was a dead matter, although there must have been in force some law relating to such, inasmuch as the first Act passed at this Session was “for the better regulation of the Militia in this Province.”
Governor Simcoe was a man of a military turn of mind. He had taken an active part against the American rebels, and he continued to entertain strong feelings of hostility to the American cause, believing not in the integrity of their professed principles. In many respects he was a well chosen person to take charge of a people who had been under a military rule, and who shared his antipathy to the republican people. Not only did Simcoe conceive schemes of settling the forests, and improving it, but also for securing the country against attack, likewise of drawing into the country many who he believed remained in the States because they could not help themselves, and to whom the Republican form of government was exceedingly distasteful. Simcoe never felt any doubt about his ability to defend the Province against the Americans, and he even had vague ideas that he might concentrate a force of sufficient strength upon Upper Canada soil, to enable him to invade the States, with a good prospect of success. Imbued with these views, and animated by such feelings and desires, he lost no time in taking the necessary steps to organize and train the Militia, and to establish a Naval force for the Lakes. The regular soldiers under his immediate command were put at work to cut roads, one from Lake Ontario to the Thames, which was called the Dundas road, the other from Lake Ontario to the Lake Simcoe, which has received the name of Yonge Street.
The four districts of Upper Canada were subdivided into counties. This division was, according to Rochfoucault, who visited Simcoe, and procured his information from him, “into counties is purely military, and relates merely to the enlisting, completing and assembling of the Militia. The counties are about twelve in number. The Militia of each county are assembled and commanded by a Lieutenant; they must be divided into regiments and companies. They assemble once a year in each county, and are inspected by the Captains of the different companies, at least twice a year. Every male inhabitant is considered a militia man from the age of sixteen to fifty. He is fined four dollars if he does not enlist at the proper time; and officers, both commissioned and non-commissioned, who do not join their regiments at the time the militia is assembled, pay a fine, the former of eight dollars, and the latter of two. An officer who, in case of insurrection, or an attack, who should not repair to his assigned post, would be punished with a pecuniary penalty of £50, and a petty officer with a fine of £20. A militia man who sells either the whole, or a part of his arms, ammunition or accoutrements, is fined £5, and in default of payment, imprisoned for two months. The Quakers, Baptists, and Tunkers, pay, in time of peace, twenty shillings a year; and during a war of insurrection, five pounds sterling for their exemption from military service. Out of these fines and ransoms the Adjutant-General of the Militia receives his pay, and the remainder is at the Governor’s disposal. This is nearly the substance of the first act of the legislative body of Upper Canada, passed in 1793.”
The following year an additional Act passed, relative to the Militia, the chief regulations of which tended to improve and define more accurately the internal form of the regiments, battalions and companies, and to render the assembling of detachments more easy and expeditious. This Act determines, that, in time of war, the obligation to carry arms in defence of the country shall not cease before the age of sixty, and that, of consequence, Quakers and others who enjoy exemption from military service, shall pay for their immunity up to that age. It also obliges the militia to serve on board of ships and vessels, to act as cavalry, and to extend their service beyond the Province, on condition, however, that the same men be not bound to serve more than six months successively. The exemptions from military service are confined to the officers of justice, and other public functionaries, whose number is very small. The whole militia is estimated at nine thousand men. All the expenses of the civil and military administration of Upper and Lower Canada are defrayed by England. The expense, including money and presents to the Indians, “amounts for Upper Canada to one hundred thousand pounds.”
In all the measures introduced by Simcoe and passed into law by Parliament, can be discovered a military mind actively at work. The arrangements by which he endeavored to settle the country—to secure it against invasion—to keep alive a spirit of military ardor—to keep aglow the flame of patriotism, a love for the mother country, were eminently judicious and commendable. There is no doubt that the military spirit of Simcoe was pleasing to the old soldier-farmers, and in them he found willing and zealous abettors of his military schemes. Had it not been for the short-sighted policy of Lord Dorchester, who, it is averred, became envious of his Lieutenant-Governor, and tried to thwart the designs, and had he not succeeded in having him re-called before time allowed for carrying out those designs, there can be no doubt that Upper Canada would have advanced more rapidly than she subsequently did advance, and would have far surpassed any State in the Union.
In 1797, an act for still further regulation of the militia was passed; but the nature of it does not appear in the statutes.
There was also passed an “Act for the better securing the province against the King’s enemies.”
In 1801, there was still further legislation, and again in 1808, when there was “an act to explain, amend, and reduce to one act of Parliament the several laws now in being for the raising and training of the militia.” And a suitable salary was to be allowed to the Adjutant-General. Legislation at this time was deemed necessary, because of the aggressive spirit manifested by the United States. The game of conquest was already begun by the selfish statesmen of America, and even foul means were being adopted to subvert British power on the continent. The year prior, Lower Canada had taken steps under Mr. Dunn, to protect themselves against a wily enemy. General Brock was earnestly engaged in perfecting the defences of Quebec. In 1809 an act was passed respecting billeting Her Majesty’s troops, and the Provincial Militia, and furnishing them on the march, and impressing horses, carriages, oxen, boats, &c.
Respecting the enrolment of the militia in accordance with the acts first and subsequently passed, comparatively little can be said by the writer. The earliest, and indeed the only account of an official nature to be obtained, refers to the organization of the Hastings’ Militia. Through the kindness of Mr. Sager, of the front of Thurlow, grandson of the late Colonel William Bell, we have had placed in our possession, a portion of the papers left by Colonel Bell, of an official and semi-official character. In a communication dated at Kingston, 29th November, 1798, John Ferguson, of that place, writes to Mr. William Bell, of the Mohawk village as follows: “Having been appointed Lieutenant of the County of Hastings, and being ordered to enrol the militia without delay, I must request you will immediately proceed with the enclosed notices, and cause them to be put up as directed. This is the beginning of your duty, as I have recommended you to be Adjutant, as well as captain of a company, and I have the satisfaction of telling you that the President has assured me he will approve of my appointments.” In a separate communication, Lieutenant Ferguson authorizes Captain Bell “to give notice to the inhabitants of the county to attend a meeting of Lieutenancy on Saturday, the 8th December next, at ten o’clock, at the house occupied by David Harris, on lot 34, in the first concession of Sidney, for the purpose of enrolment.”
It would seem that the second in command of the Hastings battalion, was Major A. Chisholm.
Ferguson, writing 22nd February, 1799, says, “It appears from the President’s letter, that there is something brewing to the westward.”
On the 25th February, 1799, Ferguson writes to Adjutant Bell, to require the officers commanding companies “to cause the volunteers and drafts in their respective companies to assemble, with such arms as they may have, at the house of Ferguson, on the point of Sidney, lot 23, to be made acquainted with the purport of a letter received from the Hon. Peter Russell, President.”
Colonel Ferguson writing again on February 26, to Captain Bell, informs him that the President has been pleased to approve of the appointments made, and that he must meet him at Sidney, 5th of March, to receive his commission. On the 1st March, he further writes thus, “there is some appearance of the militia being embodied next spring, and that Captain Bell is appointed to take command of the detachment should such an event take place.”
In a communication dated, 10th March, 1799, Colonel Ferguson refers Captain Bell to an inclosure from President Russell, giving directions as to teaching the volunteers and drafts, “who are to assemble at Wallbridge’s every other Saturday,” for platoon exercise, &c.
“List of officers of the Hastings Militia, as approved of by His Honor, the President, with the dates of their commission.”
“John Ferguson, Lieutenant of County; date of commission, 1798. The following officers were commissioned in December following:—Major Alexander Chisholm, Captain Wm. Bell, Captain Samuel Sherwood, Captain George W. Myers, Captain Lieutenant Matthias Marsh, Lieutenant Gilbert Harris, Lieutenant John Stuart, Lieutenant John Chisholm, Lieutenant John Fairman, sen., Lieutenant L. W. Myers, Ensigns David Simmons, Jacob W. Myers, Alexander Chisholm, Robert Fairman, Samuel B. Gilbert, Adjutant William Bell, Quarter-Master, John McIntosh.”
At the commencement of the war of 1812, John Ferguson, of Kingston, was Colonel; William Bell, of Thurlow, Lieutenant-Colonel, and Alexander Chisholm, Simon McNabb, S. B. Gilbert, Jacob W. Myers, L. W. Myers, David Simmons, Gilbert Harris, John McIntosh, were Captains of 1st Regiment Hastings Militia. John Thompson who had been a soldier in the King’s Rangers, was Major.
In May, 1810, a notice was posted in Hastings to “all persons of the battalion having in their possession arms and accoutrements belonging to Her Majesty, to bring them in good order on the 4th of June, and they will be furnished with powder and ball to shoot at a mark.”
We are informed by Mr. Adiel Sherwood, that James Breakenridge, who had been an officer in Rogers’ corps, was appointed the first Lieutenant of the County of Leeds under Simcoe, with authority to organize the body and appoint the officers. Mr. Sherwood received his first commission as Ensign, from him, to the first regiment of Leeds Militia in 1796. He was shortly after commissioned a Lieutenant, which he remained until 1808, when he was made Captain.
OFFICERS’ CLOTHING.—No sooner had the officers received their commissions than the matter of military clothing came into consideration, and steps were promptly taken to obtain suitable outfits, in the way of scarlet coats, swords, and so forth. Reading the letters which have come under notice, one is struck with the fact of men putting themselves to trouble to procure costly uniform, when very many of them could scarcely collect money enough to meet their wants. At that time money was scarce and bartering was the ordinary mode of proceedings between the farmer and dealer. The merchants of Kingston did not find it necessary to keep material for officers’ dress, and consequently it had to be procured at Montreal. The officers without money and unknown, in Montreal, could scarcely expect to get credit there. It was under such circumstances that Colonel Ferguson, the Lieutenant of the County of Hastings, undertook to assist the officers under him. Concerted action on their part was necessary, that all the coats might be alike, and moreover, they might expect to have them supplied at a cheaper rate. The following will now become intelligible:
“We, the following officers of Militia of the County of Hastings, having agreed to have uniform clothing, do empower John Ferguson, Samuel Sherwood, Matthias Marsh, and John McIntosh, to agree with any person to furnish the materials, and we will pay for it as agreed upon by the above persons—the uniform to be red coats with blue facings; long yellow buttons and white lining with shoulder-straps—the Light Infantry to have short coats with wings. Thurlow, 7th October, 1800.” (Signed)—John Ferguson, William Bell, John Chisholm, Daniel Rose, John McIntosh, David Simmons, John Fairman, Junr., Samuel Sherwood, Matthias Marsh.
A few days later Colonel Ferguson supplies a memorandum to Major Bell, recommending James Dawson, Kingston, as the person to be employed to make the coats, the material, or at least the cloth, to be bought at Mr. Cumming’s. Ferguson also suggests that each person give his note of hand for the sum until paid, from which it seems evident that he wished to be free from personal responsibility. Three months later, and no steps had been taken except by Ferguson, who, it appears, applied at Montreal for his coat. He writes, “I have received my coat pattern from Montreal,” and the cost of cloth and trimmings amounted to £4 7s. 7d., and “the common price of making a regimental coat” was £1 3s. 4d., the epaulets ready-made were £3 each. In another place, Colonel Ferguson says, “if any of those gentlemen wish to have a coat from Montreal, and will put into my hands sixteen bushels of wheat, as a part payment, I will send for them, and they will surely find their profit in it”.
The following were among the first Militia officers connected with the force in the Midland District.
Thomas Dorland, one of the first settlers of Adolphustown, was the first captain commissioned in the township. He commanded a company in 1812, at Kingston. His company partook of the loyal spirit which actuated the captain, who indignantly said of the Americans, “they drove us from our homes once and now come after us.” Captain Dorland was much liked, as an officer, by his men.
Captain Trumpour, who commanded a company of horse, was generally estimated as a commander.
Christopher Hagerman, a native of Adolphustown, arose by promotion from an Ensign, to be Aide-de-Camp. The following is from the Kingston Gazette:—“Head Quarters, Upper Canada, York, 15th December, 1813. District General order. The Lieutenant-General commanding and President, has been pleased to appoint Christopher Hagerman, Esq., to be Provincial Aide-de-Camp to his Honor, and to enter the Provincial Rank of Lieutenant Colonel on Mr. Hagerman.”
Major Spencer, who had been Colonel in Major Rogers’ regiment during the Revolutionary war, died at the breaking out of the war of 1812, and was buried in Fredericksburgh on his own place with military honors, he was succeeded by Captain Thompson. Crawford was Colonel of a regiment of Militia.
The following were officers in Ernesttown: Lieutenant Colonel James Parrot, Captain Joshua Booth, C. Fralick, Noris Briscoe, Peter Daly, Robert Clark, Sheldon Hawley. Lieutenants: Davis Hamby, Henry Day, John Richards, Daniel Fraser, Robert Worlet. Ensigns: Isaac Fraser, David Lockwood, Daniel Simmons, Abraham Amey, Solomon Johns, John Thorp, Senr.
Major Young, formerly ensign in Sir John Johnson’s regiment, was an officer in the Prince Edward Militia for some time. He was at Kingston in 1812, and died while on duty. Captain McDonnell of Marysburgh, was also on duty at Kingston at that time. Captain Young, of the Carrying Place, was likewise there, as well as his Ensign, W. H. Wallbridge, who became Captain in 1831, Owen Richards being the Colonel. Lieutenant Richard Howard, of Sophiasburgh, died March 1, 1814. Dengin Conger held a commission in the first battalion of the Prince Edward Militia during twenty-four years, fourteen of which he was Captain. William Ketcheson, of Sidney, was commissioned Ensign in 1804; Lieutenant in 1812: Captain toward the close of the war, served nine months at Kingston. Coleman, of Belleville, was Captain of Provincial Light Dragoons.
The Militia of Adolphustown, Fredericksburgh, Ernesttown, and probably of Kingston, were accustomed to meet on Finkle’s Place, below the wind mill, before the war, 1812. Strange as it may now seem, the place for training of the Prince Edward Militia was, for many years, at Grassy Point, in the Sixth Town. All the way, not only from the extreme point of Marysburgh, but from Amherst Island, and from the western part of Ameliasburgh, the sparsely settled inhabitants were wont to come, by anything but even roads, to this point for their stated training. They met at this place until the year 1800, after which they all met at Hallowell, Picton. Those from Ameliasburgh required two days to reach the training place. Some years later a second place was allowed.
Chapter LXIII
CONTENTS—In 1812, around Bay Quinté—The declaration of war—The news at Kingston—The call to arms—Hastings—Events of Kingston—In 1813— Attack upon Sacket’s Harbour—Oswego—American Fleet before Kingston—Royal George—Kingston prepared—Chrysler’s farm—A “Postscript”—Along the St. Lawrence—Ribaldry—The Commissary—Capt. Wilkins—Quakers—Rate of pay—American prisoners—The wounded— Surgeons, Dougal, Meacham—Jonathan Philips—Militiamen’s reward— Militia orders—Parliamentary grants.
THE WAR OF 1812.
The call to arms was promptly and loyally responded to by the inhabitants of the Midland District, including the militia of Northumberland. The old veterans of former days, who had for so many years been engaged in the peaceful occupation of farming, were aroused to a high degree of indignation that their old enemies, who had driven them away from old homes, should now threaten them in their hard earned new ones. No wonder that these old sturdy loyalists and their sons quickly obeyed the call to come in defense of their homes. To a certain extent the Bay region was free from immediate danger. Excepting at Kingston the inhabitants were not alarmed by the trumpet blast. There was not here enacted such stirring events as transpired at Detroit, upon the Niagara frontier, and below upon the St. Lawrence. Nevertheless there was diligent preparation made for any contingency that might come with the tide of war. The several regiments of militia called out, were taken to Kingston and prepared for service whether it might be offensive or defensive. Kingston being a naval station and having a dock-yard as well as a military depot; and at the same time situated within a short distance of the enemies’ territory, it was necessary that it should be well garrisoned, and the surrounding country constantly watched. And here the raw militia man was drilled for service, while they were ready to defend the place.
The news of the declaration of war reached Kingston by a private letter to Mr. Forsyth, from the States, and an hour and a half afterwards, says one who was there, a letter having been conveyed to Col. Benson, the drum beat to arms, and couriers were on their way with all haste to warn out the militia along the Bay and in Northumberland. The belief was entertained that Kingston would be a place of attack at once, and the flank companies were ordered there immediately.
Upon the 27th June, 1812, John Ferguson, Colonel commanding 1st regiment Hastings Militia, wrote from Kingston, to Lieut.-Colonel William Bell, of Thurlow, “to cause the volunteers of the battalion who already offered their services, to hold themselves in readiness for actual service, and to apply to the Quartermaster for such arms as are in his possession, to be used by the volunteers until others were got from Kingston. Capt. John McIntosh to take command, the other Captain will be J. W. Myers. Notice to be given at once, be it night or day, to meet on the Plains—and be drilled by the Sergt.-Major.” Col. Bell received the letter at sunset on the 29th, by the hands of John Weaver. A postscript to the letter says “War is declared by the United States against Great Britain.”
The militia of Hastings were hurried to Kingston, but after a few weeks when it was seen that Kingston would not be immediately attacked, they were ordered home. The next year the Northumberland Militia was ordered to York, and soon saw service.
In connection with Kingston were two events which may be alluded to, one was a hostile demonstration against Sacket’s Harbour, which had for its object principally the destruction of a man-of-war, there building; the other was an attempt, on the part of the Americans, to destroy the British frigate, Royal George, lying at Kingston.
It was in May, 1813, that Sir George Prevost and Sir James L. Yeo, arrived at Kingston, where were Capt. Barclay Pring and Furnis, preparing for service the few vessels stationed there; among them one lately launched, the Sir George Prevost of 30 guns, greeted them with a salute from the vessels. The American fleet was at the head of the lake, bombarding Fort George. Under these circumstances it was resolved to make an attack upon Sackets Harbour, About 1000 men were embarked on board the Wolfe of 24 guns, the Royal George of 24 guns, the Earl of Moira, of 18 guns, and four armed schooners each carrying from 10 to 12 guns, with a number of batteaux, so that no time might be lost in the debarkation. Two gun-boats were placed in readiness as a landing escort. The boats were under the direction of Capt. Mulcaster, of the Royal Navy, and the landing under the immediate superintendence of Sir George Prevost and Sir James Yeo. The following account is from A. O. Petrie, Esq., of Belleville, who was present as a volunteer, being then clerk to Capt. Gray, Assistant Quartermaster-General. So quickly was the expedition arranged that Petrie had no knowledge of it until about to start. By permission of Capt. Gray, Mr. Petrie formed one of the party, who, although forgetting to procure a red coat, did not forget his gun. “Was in a batteau with Capt. Gray the greater part of the night, which was crowded with men. Capt. Gray told Petrie that the object of the expedition was to burn the ship there building, and told him he might have a hand in it, Petrie said he would be there as soon as any one. They landed about four o’clock in the morning, and Mr. Petrie carried Capt. Gray on his back to the shore through the water. But before they had landed the Americans fired upon them; they were soon relieved however, by the gun-boat. They then advanced and was not far from the ship when the bugle sounded the retreat. When he regained the boat he found that his friend Capt. Gray had been killed.”
There is abundant evidence that the retreat was unnecessary, that the enemy were fleeing; but one of those fearful mistakes occurred by which the British and Canadian troops lost a victory which had been won. This expedition exhibited the bravery of the militia men in the fullest degree, and had the mind of Prevost remained unclouded, due reward would have been secured. But the precipitate retreat of the Americans was misunderstood by Prevost, he thought it a trap set. Says a writer, “It was true that Fort Tomkins was about to fall into British hands. Already the officers in charge of Navy Point, agreeably to orders, and supposing the fort to be lost, had set on fire the naval magazine, containing all the stores captured at York. The hospital and barracks were illuminating the lake by their grand conflagration, and the frigate on the stocks had been set on fire only to be extinguished when Prevost’s mind became unsettled as to the ulterior design of the enemy. In the very moment of fully accomplishing the purpose of the expedition, he ordered a retreat, and the troops reached Kingston in safety.”
But, the following year an expedition left Kingston on the 4th May, which arrived at Oswego on the following day, and took the fort; but the stores had been removed.
About five miles from Kingston lies what is called Herkimer’s Point. It was thought a thing not improbable that the Americans might land upon this point and endeavor to enter Kingston. Here was a telegraph signal, and two cannon had been planted there; afterward one, a very good one was removed, lest it should fall into the hands of the enemy. From this point a fair view of the Upper Gap was to be had. At last, one morning, the Yankee fleet composed of some 14 sail, large and small, appeared off the Upper Gap. A shot it is said was fired from the old windmill by some militia men there, which was replied to. A schooner, the Simcoe was chased, but escaped by running over a bar between some islands at Herkimer’s Point. She received several shots, and subsequently sank when she had reached Kingston. The inhabitants along the coast were ordered into the interior with all their stock. The fleet passed along not far from the shore, and the field artillery moved along at an equal pace, and a firing was kept up between them. The writer’s father was present on the occasion. He was Sergt. in Capt. Dorland’s Company from Adolphustown, and was this morning on duty with his Company at Herkimer’s Point. He was standing a short distance from the shore. The brass artillery sent a ball through one of the enemy’s vessels, he saw her haul off from the rest. The fleet fired back, and he saw the first ball from them as it passed near him. The Governor’s horse being held by a negro near by, while the Governor stood a little off, squatted to the earth and the ball passed over his back, the ball then struck the top rail of the fence, near by him, and went bounding and plowing up the ground. All this he remembers distinctly. The artillery and troops marched along opposite the fleet on their way to Kingston, and were there paraded in a concealed spot behind the jail. It was a general expectation that the enemy would attempt to land, and he fully anticipated going into action. He could see the balls flying over the buildings.
It was a natural expectation that the enemy would endeavour to possess themselves of Kingston with its garrison and naval depot, and dock yard. Every necessary step was taken to frustrate any designs that might be entertained by the Americans against the place. In the Gazette of Oct. 9, 1813, is the following:
“By all accounts we understand that the Americans are on the eve of attacking this place. It is our province to observe that their intentions have become completely anticipated, and every necessary preparation has been made to give them a warm reception. We are happy to announce the arrival of Lieutenant-Colonel Drummond, with the first detachment of the 104th Regiment, from Burlington Heights. This regiment the 49th, and the corps of the Voltigeurs, may be expected here in the course of to-day or to-morrow. These three gallant regiments, together with our brave militia, who are pouring in from all quarters, and have already assembled in considerable numbers, will be a sufficient reinforcement, and with our present respectable garrison will be able to repel any force which the enemy may bring against us. We are glad to observe that every piece of artillery is most advantageously placed, and we must really congratulate our fellow citizens on the formidable appearance of every defensible portion in the vicinity of this town. It has been the general rumor for a few days past that six or seven of our small vessels have been taken on their way from the head of the lake to this place and sent into Sackets; which rumor we fear is too true.”
The woods around Kingston, and upon Point Henry, were all cut down to prevent a surprise. The enemy, however, did not attack Kingston, but landed lower down the St. Lawrence. With what result the following notice will show, Kingston Gazette, Saturday, November, 13, 1813.
“POSTSCRIPT—HIGHLY IMPORTANT.”
“The following important intelligence was received in town this morning by express.”
CHRYSLERS, 11th November.
The enemy attacked us this morning, suppose from 3 to 4,000 men in number, and has been completely repulsed and defeated, with a very considerable loss, a number of prisoners, and one General taken by us; the loss of the enemy cannot be less than 4 or 5,000. Ours has been severe. The Americans were commanded by Generals Lears and Boyd.
(Signed) WILLIAM MORRISON, Lieutenant Colonel 89th Regiment.
Kingston Gazette, Saturday, Nov. 20, 1813.
We are assured on good authority, that the loss of the enemy in the late action at Williamsburgh, exceeded 1,000 in killed, wounded, prisoners and deserters; their flight was precipitate during the remainder of the day and night after the action; on the morning of the 12th they regained their own shore in the greatest confusion, and in momentary expectation of being attacked. Several officers of distinction were killed and wounded. Major General Covender was dangerously wounded, and is since dead; Lieutenant-Colonel Preston, noted for his ridiculous and insulting proclamation at Fort Erie, inviting the inhabitants of Upper Canada to place themselves under his protection, was dangerously wounded. One six-pounder field piece was taken on the charge, and about 120 prisoners, 350 or 400 stand of arms were collected on and near the field of action.
“The Militia of Cornwall and the neighbouring townships have come forward in the most spirited and loyal manner, and are daily joining the troops, shewing a spirit worthy of their ancestors, and a noble example to their countrymen. We sincerely hope it will be followed, and if the inhabitants of Upper Canada are true to themselves, they can have no reason to fear all the efforts of the enemy.” Thus ended the attack which had been made with the usual boastful spirit. According to an American writer in the New York Herald, at that time, the American Commander-in-Chief was “a contemptible wretch,” guilty of “low ribaldry,” a drunkard, having to take “two drinks of hot rum to enable him to go through the operation of shaving,” and finally as given to singing
“I am now a going to Canada, And there I will get money— And there I’ll kiss the pretty squaws They are as sweet as honey.”
Not alone did the Midland district supply its quota of men for the incorporated militia; but the rich soil along the borders of the bay gave abundantly to the commissariat department. During the first year of the war, there was a time when the troops at Kingston had no more than a week’s provision. Under these circumstances the Commandant enquired of Colonel Cartwright if he knew of any one who could be depended upon to raise the required supplies which were known to exist in the district. Cartwright informed him that the required person could at once be obtained in the person of Captain Robert Wilkins. Captain Wilkins, who had raised a company in the beginning of the war, was accordingly sent for, and instructed to prepare to undertake, as chief commissary, the duty. He asked for written instructions and authority that he might not be hindered in his work—that Militia Colonels, and sub-officers should yield to his demands for men to act as batteaux men, or do any other required duty to impress conveyances, &c. He was asked if he would be ready to set out in a day or two. The reply was, I will start in half an hour. “The devil you will,” said the Commandant, “so much the better,” and Captain Wilkins quickly wrote his resignation as Captain to the company, settled his hotel bill, and was on his way up the bay toward Picton. Arrived there, he called upon Mr. Cummings, and desired him to act as agent, which request was acceded to. He then pushed on to the head of the bay, at the Carrying Place, and established an agency there, afterwards his head-quarters. Proceeding to Myers’ Creek, he procured as agent the services of Simon McNabb.
In the vicinity of Picton, were a considerable number of Quakers, who, although not wanting in loyalty, would, not only, not take up arms, but conscientiously would not sell the produce of their farms and take in payment government bills, or “shin plasters,” then in circulation. Of course, they could, without scruples, sell their grain to any one without asking questions, for gold or silver but to take ephemeral paper born of war, and its circulation recognizing a state of war, was another thing. They absolutely refused to take it. Colonel Wilkins believing in their sincerity, at once wrote to the Commandant at Kingston, for a certain sum of gold, which was promptly forwarded. Thus the granaries of the rich section of the county in Prince Edward were opened. But Wilkins had not waited for the gold; on his own responsibility he had bought the grain promising to pay them as they required, and Mr. Cummings had been diligently carrying out his orders.
Commissary Wilkins had other difficulties to contend with. In some sections there was a disposition to hold the produce until prices were better, although pork, for instance, was fetching $14 a barrel. They wished to get $20. The result of this was a “half martial law,” by which provisions, wherever found, could be taken at a fair valuation. But Colonel Wilkins says that this had rarely to be done. By kind persuasion, showing the people that their duty should lead them to be satisfied with a fair price, he succeeded in getting all the supplies of provision he wanted.
The duties devolving upon him were numerous and onerous. He had to supervise the batteaux carrying provisions up and down the bay from a distance, and often would have to give orders for 3 or 400 men to be collected to propel the batteaux, or assist to transport articles across the Carrying Place.
The rate of pay given to an officer, acting as pilot, or conductor to batteaux, was 10s. per day. Privates impressed to carry or assist received 2s. 6d., with rations; but supplied themselves with blankets. They were paid immediately their work was done, by Wilkins. We have before us a requisition sent by Wilkins to Colonel Bell in April, 1814, for 40 privates, and officer to manage the King’s batteaux, as there was a quantity of provisions to be conveyed to Queenston Heights.
Although the foe found no footing, and made no attempt to land along the bay, the inhabitants had the opportunity of seeing not a few of their would be conquerors, as they passed as prisoners of war on their way to Quebec. Many of the 1000 taken at Detroit had to march along the road the whole length of the Province. Some were taken in batteaux, and others were conveyed in vessels down the lake as far as Kingston. Many of those who walked went by the way of the Prince Edward Peninsula, by Wellington and Picton, crossing the bay at the Stone Mills, others went by way of Napanee, and thence to Kingston. One way was as convenient as the other, as there was no bridge across the River Trent. Persons are now living along the routes who recollect the crest-fallen appearance of these prisoners; the more so, because the people whom they had come to invade, and dispossess, shewed them acts of kindness, and gave them food to eat. One old lady, so old that she remembers the Revolutionary War in 1783, says she told them she had given the British troops all she had to eat, as they passed up to conquer them, and she now as gladly gave food to them. Those brought in batteaux were transported across the Carrying Place into the bay. No doubt they appreciated the beauty of the scenery along the route, and had their appetite affected for the land they coveted.
On the morning of August 29, 1812, there arrived at Kingston, His Majesty’s ships Royal George, Earl of Moira, and Prince Regent, with 400 prisoners, and General Hull.
The most of the prisoners taken at the Niagara frontier were carried in batteaux, and by the bay, Colonel Scott among the rest.
At a later date, arrived the American prisoners, General Chandler and Waider, captured at Stoney Creek. And again, “Arrived at this place yesterday, March 1st, 1813, on their way to Quebec, whither they will proceed to-day, Brigadier-General James Winchester, Colonel William Lewis, and Major George Madison, attached to the American army, captured by General Proctor on the River Rafine.” We copy the following:
“Quebec, November 2nd. On Friday and Saturday were escorted by a detachment of Major Bell’s Cavalry, from their quarters, at Bauport, to the new gaol, twenty-three American officers, and on the latter day were also taken from the prison ships, and escorted by a detachment of the 103rd regiment to the same prison, a like number of non-commissioned officers, making in all forty-six conformable to the General Orders of the 27th October.”
But other sights than prisoners of war were presented during the conflict. Owing to the exposed state of the Province in the west, after the taking of York, a large number of the wounded were removed from the Niagara region to Kingston, sometimes by ships, sometimes by batteau. Many of those wounded at Lundy’s Lane were taken by schooner to York, and thence by batteau down the lake shore, across the Carrying Place, and along the bay. Among them was Sheriff Ruttan, who was left at his father’s house, to the kind care of his family. In this connection it may be observed that Surgeon Dougall, of Prince Edward Militia, served nine months at Kingston, and Dr. Meacham, of Belleville, also served during the most of the war.
We will here give an extract from an obituary notice taken from the Hastings Chronicle.
“A VETERAN OF 1812.—Of the Provincial troops, the Glengary regiment of Infantry took perhaps the most active part.” At the age of fifteen, Jonathan Phillips enlisted in this corps, then being raised throughout Canada. The urgent necessity for recruits inducing the authorities to accept youths even of that tender age. The story will best be told, as nearly as may be, in the veteran’s own words:—“I was born in Duchess County, State of New York, in the year 1796; my father came from Devonshire, England, and my mother from Edinburgh, Scotland. In 1809, my parents removed to Canada and settled in Fredericksburgh, County of Lennox and Addington. In January, 1812, I was working for Mr. Chapman, in Fredericksburgh, getting out square pine, oak, and staves; whilst thus employed, Captain Judkins, formerly of the 104th Regiment of the Line, asked me to enlist, and I joined the Glengary’s, and in a few days after was sent to Kingston with about twenty other recruits from Fredericksburgh, Richmond, and Ernesttown. We remained in Kingston till navigation opened, when the recruits assembled at that place, about 200 in all, descended the St. Lawrence in batteaux to Three Rivers, where we received uniforms, arms, and accoutrements, and commenced to learn our drill. The corps now numbered about 800.
Towards autumn we were ordered to Quebec, in charge of about 1000 prisoners from General Hull’s army, captured in the west. We remained at Quebec a month or six weeks. In October, 1812, we were ordered to the west, (the season is recalled from the recollection that as they marched from Quebec the farmers were busy cutting wheat on the hillsides, and the snow was falling at the time). The march was by the North Shore road to Montreal. Here we remained all winter, expecting the Americans to attack that city. In the month of March, before the sleighing was gone, the regiment was ordered to Kingston, taking with them several pieces of cannon, which were drawn by oxen. The men marched. The cattle that drew the cannon and baggage, were slaughtered at Kingston for provisions. We remained a month at Kingston, and then passed up the Bay of Quinté to the Carrying Place in batteaux. The baggage and batteaux were transported across the Isthmus into Lake Ontario, and we re-embarked for York. On our arrival at York we were forwarded with all despatch to Burlington Bay. We first met the Yankees at Stoney Creek, and then pushed on towards Fort George. We halted at the village of St Davids, and encamped at the cross-roads. The Yankees held Fort George; when they discovered we were so near them they retreated upon Black Creek. We followed them up, and had a battle with them at Lundy’s Lane, on 25th July, 1813. In this affair I was in the advance guard, or reconnoitering party. The enemy retreated upon Fort Erie, and we pursued them and had several skirmishes with them. They blew up the fort, and evacuated Canada. In the fall of the year we marched back to York; there we embarked in batteaux and came to the Carrying Place—thence we crossed into the Bay of Quinté, and thence to Kingston. From Kingston we marched to Adolphustowm Court House, and were billeted upon the farmers in that vicinity during the ensuing winter. There were from eight to ten men in each house. Whilst here we assembled every day at the Court House, at ten a.m., for drill—we were at least 800 strong.
On the 23rd March, 1814, all the three years’ men were paraded at the Court House, paid off and discharged. Each man so discharged drew 100 acres of land in Upper Canada, farming utensils, and a year’s provisions. The provisions were distributed every three months, at Robert Charles Wilkins’ store, at the Carrying Place.”
From the time of his discharge till his decease, Phillips resided in the County of Hastings, pursuing the usual occupation of the first settlers of this county. For many years he followed “lumbering” in winter, and farming in the summer seasons, but being trustworthy, intelligent, and of a kindly disposition, his services were frequently sought after for various purposes. Several years ago, the farm which he drew for his military service, and which, for many years, afforded him a home and a support, he sold for the sum of $1,900, thus enjoying in his old age the well earned reward of the loyalty and courage of his youth. He died at his home, in the second concession, Rawdon, on the 15th February, 1868.
THE MILITIAMAN’S REWARD.
General Brock, on his way to Detroit, assembled the Legislature, and amongst other Acts, one was passed for the organization of a battalion of “Incorporated Militia,” a body distinct from the Sedentary Militia. It was an inducement held out for action; and to properly fitted persons, to raise companies and regiments for service during the war. According to Ruttan, any one enlisting five persons was entitled to an Ensigncy; ten, a Lieutenancy; twenty, a Captaincy; fifty, a Major; and forty a Lieutenant-Colonel. Subsequently, in 1814 and 15, the Legislature “voted the supplies necessary to fill up the incorporated regiments to 800 men. A service of plate, and a pension of £20 per annum for the wounded, or for the widows of the killed, as well as an address to His Majesty for an allowance of 100 acres of land for each man, whether belonging to the regiment of flank companies or the Sedentary Militia.”
No truly patriotic and brave man will seek, or demand a promise of reward for defending, or fighting for the interests of his country. He requires no more than what comes from a consciousness of his duty done, and his country’s honor maintained; the land of his birth, or choice, preserved from the desecration of an invader’s foot. But when the deadly conflict has incapacitated the brave one for the ordinary avocations of life, and he is left, perhaps, with a family, unable to secure life’s comforts; or when the torch of war—of the unchristian men, such as President Madison, and his cold-blooded servant, Colonel McClure, at Niagara,—leaves the homes of helpless women in ashes; or with wilful wantonness destroys for the mere pleasure of gratifying a worse than heathenish disposition, then the tried veteran has a right to be rewarded in a substantial manner. The Government of Canada, as well as that of Great Britain, has never been found remiss in affording suitable rewards to those who were truly and knowingly worthy.
The smoke of war in 1815 had barely cleared away, after the Americans had sought and obtained a peace, to them ignoble, ere the Canadian Government took steps to secure a just reward to all worthy men. And to this end the following general order appeared in the Kingston Gazette, 17th July, 1815, having reference to settlers.
“Military Secretary’s Office, Kingston.
“Each soldier to receive 100 acres of land; officers entitled in the first instance to 200. To receive provisions for themselves and families for one year, that is those who had last or, who might require it on new land. Implements of husbandry, and tools to be supplied in sufficient quantities, and other comforts according to necessity to cultivate land. The land thus taken cannot be sold until after three year’s cultivation. Supt. Alex. McDonnell, and Angus McDonnell, of Glengary Fencibles, to take charge of the settlers.” The same date was issued as follows:
“Acting Military Secretary, William Gibson, issued a notice at Kingston, 29th July, 1815, proclaiming that Boards to examine claims for losses met with during the American war, should meet during August and September, at Amherstburgh, Fort George, York, Kingston, and Fort Wellington.
“All discharged soldiers, applying for lands are to give in their names to Edward Jones, late of the 9th Regiment, now residing in the old Barrack Square.” (Signed)—F. P. ROBINSON, Secretary, July 31.
Again is found—“Lieutenant Governor’s Office, York, Dec. 10, 1816.
“His Excellency, the Lieutenant-Governor has been pleased to appoint Surgeon Anthony Marshall, of Kingston, to examine and grant certificates of disability to Militiamen disabled from wounds received on service in defence of the Province during the late war.” (Signed)—EDWARD MCMAHON, Assistant Secretary.
Among the Militia General Orders issued from the Adjutant General’s office, appeared the following:
“His Excellency, Sir FREDERICK P. ROBINSON, Major-General Commanding, and Provincial Lieutenant-Governor of the Province of Upper Canada, has great satisfaction in publishing to the Militia of that Province, the following extract of a letter from Earl Bathurst, one of His Majesty’s Secretaries of State; addressed to His Excellency Sir Gordon Drummond, dated Downing-street, 13th June, 1815.
“I should have felt that I was acting unjustly towards you and the officers and men under your command, if I had forborne bringing under the notice of His Royal Highness the Prince Regent, the great meritorious exertions, so long and so successfully made by them for the preservation of the Upper Province. I am commanded to assure you, that His Royal Highness has contemplated your efforts with the highest satisfaction, not more on account of the skill and valor uniformly displayed by His Majesty’s Troops, in presence of the enemy, than of the patience with which the privations incident to the peculiar nature of the service were supported and finally overcome.”
“You will not fail to convey to the Troops under your Command, the strongest expression of His Royal Highness’s approbation, and to accept for yourself and the army under your orders, that testimony which His Royal Highness is so anxious to bear, to the great service which you have rendered to your country.”
“Nor is His Royal Highness insensible to the merits of the inhabitants of Upper Canada, or to the great assistance which the Militia of the Province afforded during the whole of the war. His Royal Highness trusts that you will express to them in adequate terms, the high sense which he entertains of their services, as having mainly contributed to the immediate preservation of the Province, and its future security.” N. COFFIN, Adjutant General of Militia.
In 1815 the Legislature granted £6,000, stg. £5,883 6s. 8d. to be applied as follows:—To the officers, non-commissioned officers, and privates of the incorporated militia, six months’ pay, £4,594 15s. 2d. To the officers and non-commissioned officers of the line attached to the incorporated militia, the well pay of their respective ranks in the said corps, £1,000. To the officers and non-commissioned officers, and privates of the incorporated militia artillery, six months’ pay, £288 11s. 6d. To the speaker of the House of Assembly, to purchase a sword to be presented to Colonel Robinson, late of the incorporated militia, 100 guineas.
Chapter LXIV
CONTENTS—The Six Nations in 1812—American Animus—“Manifest Destiny”— Mohawk Indians—A right to defend their homes—Inconsistency— American Savages—Extract from Playter—Brock’s proclamation—Indian character, conduct, eloquence—Deserters in 1812—Few of them— Court-martials—The attempts at conquest by the Americans—The numbers—Result of war—Canadians saved the country—And can do so— Fraternal kindness.
THE SIX NATIONS AS CANADIANS IN 1812.
Maintaining their wonted hostile attitude to the Mohawks, and continuing to charge, upon the British and Canadian Governments, an uncivilized procedure, the Americans have attempted to create a belief that we waged not a warfare according to civilized ideas. Civilization consists, in the minds of Americans, in just those views, theories, beliefs, and proceedings, which belong to the Great United States, and nothing can emanate from their government that is not in strict accordance with civilization,—their civilization. It so happens that one of their beliefs is that destiny manifestly intends that they shall possess all of North America. In 1812, a pretext was formed under the question of the right to search American vessels for deserters from British service, to declare war against England. This was regarded by Madison and the Government at Washington, a fitting opportunity to make the already cherished attempt to obtain the British Provinces. It was not in accordance with their ideas of liberty and civilization, to give the slightest heed to the wishes of the loyalists whom they had, years before, forced away, and who had already done much to convert the wilderness into a noble Province; the British subjects who had emigrated to America, and preferred the yet infant colony of Canada, to the more advanced, but distasteful, United States. And still more, the Mohawk Indians, whom they had so cruelly treated, who had found homes under a benign and fatherly government, were not only disregarded, but their very right to defend their homes was denied by the very civilized government which longed to get Canada. And hence we find attempts made to cast obloquy, upon the Canadians, in connection with the war of 1812. The people who strove, but vainly, to enlist the Mohawks in their service in 1776, with wonderful inconsistency, in 1812, issue proclamations that no quarter will be given to Indians, nor the Canadians who were found fighting side by side. Yet, in the same war they had all the Indians they could get to assist in their invasion of a peaceful Province, who actually assisted in the hellish work of plunder in the Niagara region. The Senecas took sides with them. The Indians who had found a home in Canada, had a right to defend their country, and willingly did they march to the field. They rendered important service at Detroit when the immortal Brock hurled back the braggart foe, took General Hull and his army prisoners, and conquered the territory of Michigan. They likewise did good service at Queenston Heights.
A few instances occurred where individual Indians did lapse into the warfare nature had implanted into their breasts. But let it be distinctly and emphatically stated that they were exceptions. “But the savage conduct of the white United States troops, was worse than the employment of savages. In civilized wars, or the wars of Christian people with each other, (alas! that Christians and war should be associated!) the usual rule is to harm only those who aim to harm, and to pass by the peaceable and unarmed. Considering, too, that the Canadian people were not enemies, but had always friendly dispositions towards the United States, that the war was merely for remote and abstract questions, that the British Canadians never set the example, that marauding was not the rule of the British officers and armies (as evinced before the world in the wars with Bonaparte),—the United States Government selecting the province as a battle field, should have treated the inhabitants without arms as mere spectators of the conflict. Shame on President Madison, and his cabinet of Christian “(?)” gentlemen, for ordering their General, McClure (under the name and seal of John Armstrong, Secretary of War), to burn up the Town of Niagara, and turn 400 women and children into the snow and icy streets, on a December day of a rigid Canadian winter! Had the cruelty been accomplished by a tribe of Indians, no astonishment would have been felt; but for Christians thus to treat Christians, and for people of the same ancestry, to show such barbarity, shows that the bad passions of the human heart are the same in the civilized as in the savage. The war might have been carried on, so that friendship might soon be resumed; but the dreadful aggravation, left in the bosoms of the Canadian settlers, such hatred as remains to the present day. The writer has even heard women say, on the banks of the St. Lawrence, that if the Americans ever invaded Canada again, they would shoulder muskets with their husbands. The democracy of the United States, like the democracy of the French Revolution, proffered liberty with the left hand, and scattered the fire-brands of savage war with the right.”—(Playtor.)
The invading general having issued a proclamation, declaring that Canadians found fighting beside the Indians should have no quarter. Major-General Brock, in an address, issued to the Canadians at Fort George, July 22nd, 1812, referring to this matter, says:—
“Be not dismayed at the unjustifiable threat of the Commander of the enemy’s forces to refuse quarter, should an Indian appear in the ranks.
“The brave bands of the Aborigines which inhabit this colony were like His Majesty’s other subjects punished for their zeal and fidelity, by the loss of their possessions in the late colonies, and rewarded by His Majesty with lands of superior value in the Province. The faith of the British Government has never yet been violated by the Indians, who feel that the soil they inherit is to them and their prosperity, protected from the base arts so frequently devised to over-reach their simplicity.
“By what new principle are they to be prohibited from defending their property? If their warfare from being different to that of the white people, be more terrific than that of the enemy, let him retrace his steps, they seek him not, and cannot expect to find women and children in an invading army.
“But they are men, and have equal rights with all other men to defend themselves and their property when invaded, more especially when they find in the enemy’s camp a ferocious and mortal foe, using the same warfare which the American commander affects to reprobate.”
“This inconsistent and unjustifiable threat of refusing quarter, for such a cause as being found in arms with a brother sufferer, in defense of invaded rights, must be exercised with the certain assurance of retaliation, not only in the limited operations of war in this part of the King’s dominion, but in every quarter of the globe; for the national character of Britain is not less distinguished for humanity than strict retributive justice, which will consider the execution of this inhuman threat as deliberate murder, for which every subject of the offending power must make expiation.”—(Signed, Isaac Brock.)
In concluding this subject, we will quote the language of one who rose to sublime eloquence in connection with another event.
Seeing the on-coming moment of the extinction among the Americans—vainly resisting the inevitable fate, but still lofty and noble. Thus spoke a Seneca chief:—“Who is it causes this river to rise in the high mountains, and to empty itself in the ocean? Who is it that causes to blow the loud winds of winter, and that calms them again in summer? Who is it that rears up the shade of those lofty forests, and blasts them with the quick lightning at his pleasure? The same spirit, who gave you a country on the other side of the waters, gave this land to us, and we will defend it.”
We would fail in our whole task did we not refer to one more topic; that concerning Deserters. There were, during the time of war, a few instances of desertion. There is every reason to believe, that the wily Americans sent emissaries into the country with the object of tampering with the Canadians. The following, while having a local reference, will explain the steps taken by Government to meet the requirements of the day in this respect:
President’s Office, Upper Canada, Kingston, 24th March, 1814.
His Honor the President has been pleased to appoint by commission, bearing this date, the under-mentioned gentlemen to be commissioners, for carrying into effect the provisions of an Act passed in the last session of the Legislature of this Province, entitled “An Act to empower His Majesty, for a limited time, to secure and detain such persons as His Majesty shall suspect of treasonable adherence to the enemy, in the several districts of this Province respectively:—For Midland District— The Hon. K. Cartwright, Alexander McDonell, Alexander Fisher, Thomas Dorland, Timothy Thompson, Thomas Markland, Peter Smith, John Cumming, James McNabb, Ebenezer Washburn, Robert C. Wilkins, James Young, William Crawford.”
In every war there will be some desertions, and during the war of 1812, there were found a few, and a few indeed, who were base enough to desert from the ranks of the Canadian Militia.
The several attempts at conquest of Canada were:—
1st Invasion Gen. Hull at Sandwich with 3,000 men.
2nd Invasion Gen. VanRansler at Wodworth with 2,000 men.
3rd Invasion Gen. Smyth at Fort Erie with 3,000 men.
4th Invasion Gen. Pike at York with 2,500 men.
5th Invasion Gen. Dearborne at Fort George with 3,000 men.
6th Invasion Gen. Winchester, for at Chryslers Farm with 3,000 men. Montreal,
7th Invasion Gen. Hampden at Chateauguay R. with 8,000 men.
8th Invasion Gen. Brown at Fort Erie with 5,000 men.
9th Invasion Gen. Brown at Lundy’s Lane with 5,000 men.
10th Invasion Gen. Izzard at Fort Erie with 8,000 men.
11th Invasion Gen. Wilkinson at Lacate Mills with 2,500 men.
———————
Total number of men 45,000.
“The foregoing is an aggregate of the attempt to invade Canada by the United States forces when they sued for peace; and, when such was proclaimed, they did not find themselves in possession of one inch of Canadian Territory.”—(Clark.)
This glorious result was due, in a great measure, to the loyalty and bravery of the Canadian Militia. The first year, the Militia alone saved the Province.
The close of the war left no unpleasant remembrance. Called to arms for the most noble purpose, that of defending their homes, they discharged their duty bravely, but without unnecessary violence. There were no acts of cruelty to be laid to their charge. It was only the unprincipled foe that could be guilty of deeds of barbaric darkness. It remained for the American General Harrison to burn, contrary to the rules of civilized warfare, a peaceful village, and for General McClure to apply the torch to the building which protected the wounded men, women, and children, from the piercing cold of a December night, an outrage only equalled by their firing on a British flag of truce, under General Ross, before the capital Washington. These acts of villany met a just retribution. The former by destroying the frontier settlements from Lewiston to Buffalo, the latter by the destruction of the Capital. Canadians—Britons can deal out just retribution, as well as they can defend their homes. And the Americans ought to know, and remember, that no acts of cowardly villany toward us will for ever go unpunished. They incited rebellion among us in 1837–8. They have encouraged Fenianism, and assisted them as a people to invade our territory, and kill our young men. For this will come a day of judgment. It may not be this century, but it will come. Let but one more attempt be made to secure a footing on our soil, and the Americans will learn that Canadians can, and will, retaliate. The hardy honest Canadian goaded to seek justice, will play the raider also. Ours is a frontier, over which they may come and do much mischief; but their’s is equally lengthy, and exposed. A sheet of flame will burst along their frontier as well as ours, the destruction will not be all one side.
During the Crimean war, the Canadians took great pleasure in giving contributions for the relief of the soldiers, wives and children. But this was only returning a like kindness displayed by England at the time of the invasion and rapine in 1812. The wanton destruction of Canadian homes brought much distress. By the Kingston Gazette of 5th December, 1813, we see “that the total sum subscribed in the City of London for the relief of the sufferers in Canada (which has come to our knowledge), amounts to £10,419 10s. 0d.” And the same year “The General Assembly of Nova Scotia gave to the distressed of Upper Canada £2,500.” An act of fraternal kindness that Canadians have been ready to return during the last year.
DIVISION XI. ADVANCE OF CIVILIZATION.
Chapter LXV
CONTENTS—Canada’s first step in civilization—Slavery in America—By whom introduced—False charge—Slavery in Canada—History—Imperial Acts—Legislation in Canada—The several clauses—In Lower Canada— Justice Osgood—Slavery at the Rebellion—Among the U. E. Loyalists— Those who held slaves—Descendants of the slaves—“A British slave”— “For sale”—“Indian slave”—Upper Canada’s Record—Compared with the States—Liberty—Why the United States abolished slavery—Honor to whom honor is due.
SLAVERY.
We devote a chapter to the subject of slavery, which may be appropriately noticed under advance of civilization. There can be no greater indication of a truly civilized people than a successful attempt to emancipate those in bondage. In this respect Upper Canada was very far in advance of the United States, and even of England herself.
The Americans have not unfrequently essayed to fasten the ignominy of this domestic institution upon the British nation, by asserting that it was the English that first brought slaves to the American continent. Supposing this to be true, it was the most pitiable attempt at excuse for continuing the accursed thing, after Britain had spent millions to abolish slavery in all her broad realm, that can possibly be imagined. But it is all untrue that slaves were first brought by the English. It was the Dutch, who found sale for them in Virginia. This was in 1620. “Shortly after the New England States adopted the ‘institution,’ the colonists and merchants introducing and controlling the whole trade, Massachusetts leading the way.” And with all the cry, for ever echoing in the North against the South, because of slavery; it was the Yankee owners of ships, sent out from Northern ports to engage in the world-condemned crime of the slave trade, that kept alive the worst feature of American slavery, until the celebrated military necessity of Lincoln, emancipated the Southern slaves.
The present generation of Canadians are almost ignorant of the fact that the “institution” of slavery once existed in Canada, both Lower and Upper. The proud and pleasing appellation, which Canada enjoyed for so many years, of a safe asylum for slaves, who had effected their escape from the United States, is in most cases alone known to have belonged to us. But the record of our young country is so honorable upon the question of slavery, that the fact that slaves did once breathe among us, casts no stigma upon the maple leaf, no single stain upon her virgin garments. The fact is, slavery could not live in Canada; much less grow. The leading principles which guided the settlers of the country were of too noble a nature to accept the monstrous system of human bondage as an appendage of the Colony. They felt the truthfulness of the words, not long before uttered by John Wesley, that slavery was the “sum of all villainies,” and knew they would be villains of the deepest dye to encourage it.
The history of slavery from the time Joseph was sold by his brothers into Egypt, by which it may be inferred that persons were already held in bondage, up to the present, is of no little interest; but it forms no part of our task to give even a sketch of it, except in relation to its existence in Canada.
In the year 1732, an Act was passed in the Imperial Parliament “for the more easy recovery of debts in His Majesty’s plantations and colonies in America,” by which “lands, houses, negroes, and other hereditaments and real estate, shall be liable to be taken by due process of law for any indebtedness.”
Another Imperial Act having reference to slavery in Canada, was passed so late as 1790. The Act is intituled “An Act for encouraging new settlers in His Majesty’s colonies and plantations in America.” Among other things it is provided that if any persons shall come to the West India Islands or the Province of Quebec, from United States, with the view of settling, it shall be lawful for such, having obtained a license from the Governor, to import among other things “any negroes” he may possess. Such was the law in all Canada when Upper Canada was erected into a distinct Province.
The first Session of Parliament in Upper Canada was naturally and necessarily occupied in arranging the machinery requisite for the government of the body public. The second Session witnessed legislation to secure defence of the country by organizing a militia body; and also upon two most important subjects having reference to moral principles, viz.: concerning marriages, and
“An Act to prevent the further introduction of slaves, and to limit the term of contract for servitude within this Province.”
“Whereas it is unjust that a people who enjoy freedom by law, should encourage the introduction of slaves, and whereas it is highly expedient to abolish slavery in this Province, so far as the same may gradually be done without violating private property; be it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada,” &c. It is enacted “that from and after the passing of this Act, so much of a certain Act of the Parliament of Great Britain, entitled “An Act for encouraging new settlers,” &c., as may enable the Governor or Lieutenant-Governor of this Province, heretofore parcel of His Majesty’s Province of Quebec, to grant a license for importing into the same, any negro or negroes, shall be, and the same is hereby repealed; and that from and after the passing of this Act, it shall not be lawful for the Governor to grant a license for the importation of any negro or other person to be subjected to the condition of a slave, or to a bounden involuntary service for life, in any part of this Province, nor shall any negro, or other person who shall come, or be brought into the Province after the passing of this Act, be subject to the condition of a slave, or to such service as aforesaid, within this Province, nor shall any voluntary contract of service or indentures that may be entered into by any parties within this Province, after the passing of this Act, be binding upon them or either of them for a longer term than a term of nine years.”
The second clause provided that the owners of slaves, at the time within the Province, should be secured in their property and contracts already made should not be affected. But in the third clause it is declared that
“In order to prevent the continuation of slavery within this Province, be it enacted by the authority aforesaid, that immediately from and after the passing of this Act, every child that shall be born of a negro mother, or other woman subjected to such service as aforesaid, shall abide and remain with the master or mistress in whose service the mother shall be living at the time of such child’s birth, (unless such mother and child shall leave such service, by and with the consent of such master or mistress) and such master or mistress shall, and is hereby required to give proper nourishment and clothing to such child or children, and shall and may put such child or children to work, when he, she, or they shall be able so to do, and shall and may retain him or her in their service until every such child shall have obtained the age of 25 years, at which time shall be entitled to demand his or her discharge from, and shall be discharged by such master or mistress, from any further service. And to the end that the age of such child or children may be more easily ascertained, the master or mistress of the mother thereof, shall, and is hereby required, to cause the day of the birth of every such child as shall be born of a negro or other mother, subjected to the condition of a slave, in their service, as aforesaid, to be registered within three months after its birth, by the clerk of the parish, township or place wherein such master or mistress reside, which clerk shall be authorized to demand and receive the sum of one shilling for registering the same. And in case any master or mistress shall refuse or neglect to cause such register to be made within the time aforesaid, and shall be convicted thereof, either on his or her confession, or by the oath of one or more credible witnesses before any justice of the peace, he or she shall for such offence forfeit and pay the sum of £5 to the public stock of the district.
“And be it further enacted, that in case any master or mistress shall detain any such child born in their service, after the passing of this Act, under any pretence whatever, after such servant shall have attained the age of 25 years, except by virtue of a contract of service or indentures duly and voluntarily executed, after such discharge as aforesaid, it shall be for such servant to apply for a discharge to any justice of the peace,” and the party accused may be summoned to show cause why the servant is not discharged. The master failing to prove the servant under age, the justice is to discharge the same, and it was “provided always that in case any issue shall be born of such children during their infant servitude or after, such issue shall be entitled to all the rights and privileges of free-born subjects.”
“And be it further enacted, that whenever any master or mistress shall liberate or release any person subject to the condition of a slave from their service, they shall at the same time give good and sufficient security to the church or town wardens of the parish or township where they live, that the person so released by them shall not become chargeable to the same, or any other parish or township.” This act which reflects so much glory upon the Upper Canadian Legislators, was passed July 9, 1793. We thought our readers would prefer to see the act complete than any synopsis we might prepare.
To Robert Gray, then Solicitor-General, is Upper Canada primarily indebted for the above act. He was an earnest friend of the African race. He was lost in the schooner Speedy, on Lake Ontario.
SLAVERY IN LOWER CANADA.—According to Garneau, in the year 1689, it was proposed to introduce negroes to the colony of France. But it was thought the climate would prove unsuitable. That slavery was, not long after introduced, seems certain, and that it “was legally recognized in Canada, is plain, from an ordinance of intendant Hocquart, dated 1736, regulating the manner of emancipating slaves in Canada.”—(Bell.)
There are extant several royal declarations respecting slaves in the colony, bearing dates, 1721, 1742, and 1745. At the Conquest there were slaves in the province; and slavery “then increased for an instant, only to disappear forever.” Slavery having continued to exist in Canada until the first decade of the present century. By a stipulation in the treaty of Montreal, the colonists were “to be allowed to retain their slaves.” Says Bell in Garneau’s history, “Sir L. H. Lafontaine in 1859, investigated this matter,” (respecting the existence of slaves in French Canada), and from the published reports of his enquiries, it appears that in 1799–1800, the citizens of Montreal presented requisitions to Parliament, tending to cause the Legislature to vindicate the rights of masters over their slaves. The applicants invoked in favor of their demand, an ordinance rendered by Jacques Roudat, 9th intendant, dated April 13, 1709, which edict was, they urged, in force when the definitive treaty of peace was signed, and by consequence formed part and parcel of the laws, usages, and customs, of Canada, recognized by the Act of Quebec. The bills, on the subject, were introduced, in 1800, 1801, and 1803; but none of them passed. Since that time no Local Legislation sanctioned this matter; and if the act of the Imperial Parliament of 1797, had the effect of abolishing slavery in the British plantations, these would, of course, include Canada. “But,” says Bell, “the act in question could have no such effect. It only enacted, that negroes could not be taken in execution as chattels, for the debts of their masters, as had previously been the case in His Majesty’s American Colonies.” It appears tolerably certain from the foregoing, that slaves were introduced by the French into Canada, about the beginning of the 18th century, and that at least in 1709 it was a recognized institution, by virtue of an edict issued by the intendant. And, when the country was conquered by Great Britain, the colonists were “allowed to retain their slaves.” In 1784, when Upper Canada was first settled, the number of slaves in Lower Canada according to census was 304.
When Upper Canada, in 1793, took the lead in the whole of Britain’s vast domain in legislating against slavery, Lower Canada continued to regard it without disfavour; and, even in Montreal, endeavoured to fix the chains of bondage more firmly upon the negro. But what the Provincial Legislature did not, although presented with the example set by Upper Canada, was done in a different way by Chief Justice Osgood, who in 1803, at Montreal, declared slavery inconsistent with the laws of the country, and gave freedom to the persons in that condition. And when the British Act of Emancipation was passed, in 1833, setting free the slaves in all parts of the Empire, there was no slaves in Canada, Upper or Lower. Thirty years previous had the evil been crushed in Lower Canada, and forty years before Upper Canada had declared that it was “highly expedient to abolish slavery,” and had enacted laws to secure its abolition.
At the time of the rebellion of 1776–83, slavery was not limited to the Southern States.
There were a good many held by the old Knickerbocker families, both amongst the loyalists and rebels. When the families both of English and Dutch nationality, came as refugees to Canada, there accompanied them a number of slaves. In many cases these slaves came of their own accord, would not be separated from their masters, with whom they always lived; upon whose land they had been born. Indeed, the attachment between these faithful blacks and their owners was frequently of the most enduring nature, and, as we shall see, in some cases, although made free, they would not leave their old places as domestics.
The Rev. Mr. Stuart in his memoir, says, in speaking of his removal to Canada; “My negroes, being personal property, I take with me, one of which being a young man, and capable of bearing arms, I have to give £100 security to send back a white prisoner in his stead.” Capt. Joseph Allan brought with him from New Jersey, after the war had ended, to Upper Canada, three slaves—Tom, Sam and Sal. The two men, some years after, ran away to Lower Canada. Their owner pursued them to Montreal, and searched for them for ten days; but failed to get them. He sold the female, Sal, with her child, to Silas Hill. This boy was afterwards sold to Abram Barker, who kept him until he became twenty-one, when he became free. Freedom did not suit him, as he became a worthless fellow. Major VanAlstine had slaves, whom he treated with patriarchal kindness, and who lived in great comfort in the old-fashioned Dutch cellar kitchen, in his home, in Fourth Town. The Bogarts and John Huyck also had slaves. Capt. Myers had slaves; one, Black Bet, would never leave him, but continued until his death, under the care of her old master.
Cartwright, Herkimer, and Everitt, each was the owner of slaves. And Powles Claus, of the Mohawk settlement, had two slaves.
Col. Clark speaks, in his memoirs of his mother’s death, in 1789, and of the funeral, when the negro Joe drove the favorite horses, Jolly and Bonny, before the sleigh, painted black. Again, Col. C. says: “After the Declaration of Independence, drovers used to come in with droves of horses, cattle, sheep and negroes, for the use of the troops, forts, and settlers in Canada, and my father purchased his four negroes, three males and one female, named Sue.” In 1812, she gladly returned to our family, having become old and decrepit. She died in our house at Fifteen-mile Creek, in 1814.
Sheriff Ruttan says, “My uncle brought two negro servants with him, who were very faithful, hard working fellows.” During the year of famine, they were sent from Adolphustown to Albany, “for four bushels of Indian corn; a dreadful hazardous journey through the forest, with no road, and the snow very deep. They executed this mission, and returned in safety.”
These slaves were generally faithful, good natured, and occasionally mischievous. It was the custom, in the first years of Canada, to place the ovens in the yard upon stakes, and they could be lifted off them. It is related that sometimes they would carry off slyly, the oven when filled with good things.
Sheriff Sherwood says: “In answer to your letter of yesterday, as regards slaves, I only recollect two or three which settled in the District of Johnstown; one in particular, named Cæsar Congo, owned by Captain Justus Sherwood, who came with his family in the same brigade of boats that my father and family did, and located about two miles above Prescott. They were the very first actual settlers. Well I remember Cæsar Congo, then a stout, strong young man, and who often took the late Justice Sherwood, of Toronto, and myself on his back to assist us along, while the boats were drawn up the rapids. Cæsar was sold to a half-pay officer named Bottom, who settled about six miles above Prescott, who, after a year’s service, gave Cæsar his freedom. Cæsar, soon after married suitably, and by his industry obtained a snug little place in the town of Brockville, where he lived many years, and died.”
Daniel Jones, father of Sir Daniel Jones, of Brockville, had a female slave, and there were a few others residing in the district of which I have no personal knowledge.
Squire Bleeker, of the Trent, had a slave called Ham. Abraham Cronk, of Sophiasburgh, bought a female slave from Mrs. Simpson, of Myers’ Creek, for $300. After a time, she returned to Mrs. Simpson, with whom she lived till her death. This female had a daughter, who grew up to be an unusually “smart girl.”
Nicholas Lazier had slaves. One, named Sal, was noted for her attachment to Methodism, and would go long distances to attend meetings. As a female slave, Black Betty was one of the first congregation, to which the first Methodist preacher in America preached at New York, so this woman was one of the first Methodists at the Bay, and in Upper Canada. John Cronk and she were the only Methodists in the Township for a long time.
Pryne, who lived a short distance above Bath, had two slaves. Col. Thompson also had some, and Lieut. McGinness, of Amherst Isle, likewise possessed them. Capt. Trumpour, of Adolphustown, had two negroes. Leavens, of Belleville, bought a female slave of Wallbridge, for $100. A son of hers was purchased by Captain McIntosh.
The Hon. Peter Russell, when Receiver-General, had a man and his wife as slaves, with their son and two daughters.
Samuel Sherwood, writing to a person at Kingston, from Thurlow, in Oct. 1793, says, “My negro boy, and Canadian boy have absented themselves last night without leave. I send Jim and two Indians in pursuit of them. I beg, if you can give any assistance, you will do me that service. McLean’s black woman is my boy’s mother, he may call to see her.”
We have before us the copy of an assignment made in 1824, by Eli Keeler, of Haldimand, Newcastle, to William Bell, of Thurlow, of a Mulatto boy, Tom, in which it is set forth, that the said boy has time unexpired to serve as the child of a female slave, namely, ten years, from the 29th Feb. 1824, according to the laws of the Province; for the sum of $75. Probably, this was the last slave in Canada whose service closed, 1835.
There are, at the present time, a good many of the descendants of the early Canadian slaves. Some of them have done badly, others again have made themselves respectable and happy. The Mink family are descended from an old slave that belonged to William Herkimer.
When made free, they, in many instances, preferred to remain in connection with their old masters, and even to this day, their children manifest a predilection for the name of their father’s master. In and about Belleville, may yet be found such as spoken of. Most, or all of these are descendants of “Black Bess” who, at different times, was in possession of the Wallbridge’s, Leaven’s, and McLellan.
In the Ottawa Citizen of 1867, appeared the following:
A BRITISH SLAVE.—An old negro appeared at the Court of Assize yesterday, in a case of Morris vs. Hennerson. He is 101 years of age, and was formerly a slave in Upper Canada, before the abolition of slavery in the British possessions. He fought through the American war in 1812, on the side of the British; was at the battles of Chippewa and Lundy’s Lane, and was wounded at Sacket’s Harbour. He is in full possession of all his faculties. He was born in New York State in 1766, and was the slave of a U. E. Loyalist, who brought him to Canada. He was brought to this city to prove the death of a person in 1803, and another in 1804.
It would seem odd enough at the present day to see the following advertisements in a Canadian journal. This appeared in the Gazette, Newark:
“FOR SALE.—A negro slave, 18 years of age, stout and healthy, has had the small pox, and is capable of service, either in house or out door. The terms will be made easy to the purchaser; and cash or new lands received in payment. Enquire of the Printer.
“Niagara, November 28th, 1802.”
“INDIAN SLAVE.—All persons are forbidden harboring, employing, or concealing my Indian slave, called Sal, as I am determined to prosecute any offender, to the utmost extremity of the law; and persons who may suffer her to remain on their premises for the space of half an hour, without my written consent, will be taken as offending, and dealt with according to law.
(Signed) CHARLES FIELDS.
Niagara, August 28th, 1802.”
“FOR SALE.—The negro man and woman, the property of Mrs. (widow) Clement. They have been bred to the business of a farm; will be sold on highly advantageous terms, for cash or lands. Apply to Mrs. Clement. Niagara, January 9th, 1802.”
We have seen that the record of Upper Canada with respect to the subject of human bondage is particularly bright and honorable. This Province, in its very infancy, took the lead in severing the fetters which a dark and penurious age had rivetted upon the bodies of the African. This blackest curse of the world, which the power of England assisted to create, and which her offspring, the United States, continued to perpetuate for so many years, was put aside by the young Province at the first; while, but a few years later, a Canadian Judge, of Lower Canada, declared slavery to be inconsistent with the laws of Canada. These are facts of which every Canadian may well be proud. It was no “military necessity” which caused the abolition of slavery in Canada. It was a question of right, which the Canadian Parliament experienced no difficulty in solving. How grand the spectacle! How noble the conduct, setting an example to the world! In striking contrast, behold the United States. Flaunting their flag of liberty before the gaze of the world, they cried “All men are born free and equal, with the right to pursue that course which will lead to happiness;” yet notwithstanding these principles, enunciated with so much boldness, and, year after year, proclaimed by wordy fourth of July orators; they continued, not only to hold slaves, but made the bonds tighter until oceans of blood had been shed, and the Union was almost destroyed—when it could not be saved with slavery, as Lincoln had declared he would wish to save it; when it became necessary to strike a blow, which the northern legions had been unable to deal the Southern Confederacy, then, and not until then, were the slaves declared to be free. Lincoln said he would save the Union with slavery, if he could, failing this, then he would enlist the African slave to assist in saving the Union, by giving them liberty. The Southern blacks owe their liberty to-day, to the almost superhuman courage of the people with whom they lived, who held them in bondage, not, it is true, because their masters wished to liberate them; but because they were unable to successfully combat the perfect flood of men that was poured against their northern borders, and which infested their sea-board with an unbroken circle of armed vessels, shutting them out from all means of carrying on the unequal combat. It was this heroic attitude that made it necessary for Lincoln to issue the famous proclamation. Let the freedman thank the exigency which made necessary the step which broke the back of the Confederacy, and thereby gave efficiency to the proclamation. It cannot be doubted that the great body of abolitionists were from the commencement of the war, anxious to secure the abolition of slavery; but they were impotent, their councils to the President were unheeded, their desires disregarded. The great mass of the Northerners had no sympathy with the poor slave, they only cared for the Union; and many of them were even dissatisfied that Lincoln should resort to the plan of freeing them in order to save the Union. It is abundantly easy, now to declare that, from the first the Washington Government was determined to abolish slavery—that, from the first, it was a war for, and against the life of that institution; but reading the events of the war, carefully scanning each page of its history, examining each line, studying every word; looking with an unbiassed eye upon the whole gigantic drama, it is submitted there is no reason for believing that the nation desired to free the slave at all; but, always excepting the Abolitionist, submitted to the necessity of setting the negro free, rather than sacrifice the Union, or, rather than be conquered by the South.
All honor then, to the U. E. Loyalists, in Parliament assembled, at the young capital of Newark—the representatives of the devoted band of refugees, who had been made such by rebels, who pretended to fight for “liberty,” who placed on record their interpretation of the word Freedom; that it meant not liberty to a certain class; but to all, irrespective of color. All honor to the noble Judge, who had the probity and moral courage to enunciate a doctrine that at once made every supposed slave in Lower Canada conscious of being a free man. This noble beginning in the Canadas was followed by events no less interesting. They became the asylum of the slave, who were not only sought after by their Southern masters, but who were chased to the very borders by Northerners themselves.