UJ =3" = 6 - -- ::2 --- - ..JJ [J""" I. r-=t cCJ u... r - ::ri a: f'- r-=t z -rrJ arhman ]5 ttton THE MAKERS OF CANADA VOL. VII J 0 H N G R A V E S S I 1\1 C 0 E '- '). -. \. -.( .....-. . c ... "'"' ; . , .",. .. THE lJIAKERS OF CANADA JOHN GRAVES SIMOOE BY DUNCAN CAl\'IPBELL SCOTT TORONTO l\'IORANG & CO., LIMITED 1909 .I> Entered acco'rding to Act of the Parliament of Canada in the year 1905 by Morang & Co., Limited, in the Depart- ment of .Agriculture SEP 5 1955 CONTENTS CH.ÂPTER 1 Page THE CANADA ACT 1 CH.ÂPTER 11 THE SIMCOE FAMILY 15 CH.ÂPTER 111 THE MILITARY JOURNAL: 1777 TO 1781 23 CH.ÂPTER IV BEFORE UPPER CANADA: 1781 TO 1791 . 39 CHAPTER V "PIONEERS, 0 PIONEERS!" iH CH.ÂPTER VI THE LEGISLATURE 79 CH.ÂPTER VII LAND AND TRADE 101 CHÂPTER VIII THE ALARMS OF \V AR 117 ... JOHN GRAVES SIl\ICOE CHAPTER IX THE CHURCHES AND EDUCATION CHAPTER X A SILV AN COURT CH.ÂPTER XI FOUNDING A PROVINCE CHAPTER XII AFTER UPPER CANADA CHAPTER XIII NON SIBl SED PATRIÆ INDEX Page 155 177 195 219 223 237 CHAPTER I THE CANADA ACT I T was on February 25th, 1791, that a royal message apprised the House of Commons that it was the intention to divide Quebec into two separate provinces, and the bill was introduced on l\farch 7th by Pitt. The advisability of repealing the Quebec Act had been the subject of much agitation and debate, and hardly had the peace been concluded when demands were made, mainly \ by the English-speaking inhabitants of the pro- vince, for a properly constituted House of Assembly and for the trial by jury in criminal cases. The portions of the province above l\Iontreal had become settled by soldiers of the disbanded regi- ments and by Loyalist refugees, and they desired a change in the tenure of land to free and common socage fronl the feudal tenure which obtained under the Quebec Act of 1774. The partizan bias of some of the foremost agitators for these changes, in what afterwards became the lower province, led to proposals designed rather to place the strength of government in the hands of the minority than to establish upon broad and generous principles a government for the people, legislating for the good of the province. The spokesman of these agitators 1 JOHN GRAVES SIl\fCOE for constitutional changes, l\fr. Adam Lymburner, a Quebec merchant of Scottish extraction, requested that one half the representatives from Lower Cana- da should be chosen from the towns, which would throw the balance of power into the hands of his party and race. But it was with a very different desire and actuated by a nobler motive that the bill which was to inaugurate the principle of col- onial self-government was designed and carried. Grenville, writing to Guy Carleton, Lord Dorches- ter, then governor-general of Canada, on October 20th, 1789, accompanied a draft of the proposed bill with a general survey of the measure. The letter contains a paragraph elucidating the prin- ciples upon which the bill was drawn: " Your Lord- ship will observe that the general object of this Plan is to assimilate the constitution of that Province to that of Great Britain, as nearly as the difference arising from the manners of the People and from the present situation of the Province will admit. In doing this a considerable degree of at ention is due to the prejudices and habits of the French Inhabi- tants, who compose so large a proportion of the community, and every degree of caution should be used to continue to them the enjoyment of those civil and religious Rights which were secured to them by the Capitulation öf the Province, or have since been granted by the liberal and enlightened spirit of the British Government." I t is upon the life and power of these prinçiples 2 THE CANADA ACT that the welfare and harmonious permanency of the Canadian confederation depends. Such expressions could not have fallen coldly upon the mind of Dorchester; they are in effect his own, and are merely the echo of opinions and senti- ments by which his conduct as governor was con- sistently guided. The weight of his judgment was thrown against the division of the province. He brought to the criticism of the draft bill his great knowledge of the condition of the country and his sympathy with the inhabitants. His views previous- ly expressed were that for some time the only or- ganization required by the settlements which were to be included in the upper province was that pro- vided for a county; and a survey of the early Acts and proceedings of the legislature of Upper Canada will show this to have been to some extent the case. But the importance of the Canada Act lay not so much in its ilnmediate necessity as in the principle of colonial self-government which it car- ried into effect. While really all Act of separation, by its clauses cleaving one province into two and providing for the self-rule of each, it was also dis- tinctly the forerunner of those Acts of union which cemented the dominion and made confederation. In fact confederation, even in its present sense, was not unknown to the statesmen of the great minis- ter's day. A statement is here and there made that the pre- sent Canadian political union is artificial and will 3 JOHN GRAVES SIl\lCOE not bear the storm of change, which will break upon it from alien provincial interests, and the very weight of growth which will encumber it with al- most inlperial burdens. But it augurs well for the life of this many-branched tree that its planting is a century old and that its growth has been gradual. Colonell\Iorse was doubtless the first to suggest the advantage of a union of the colonies in North America. In 1783 he pointed out that a federation of the l\laritime Provinces with Canada would lead to the upbuilding of a great and prosperous do- maIn. Chief-J ustice Smith, who may be said to have drafted the first scheme for confederation of the British possessions in America, was a native of the old province of N ew York. In the year 1763 he was appointed chief-justice of the province. During the time of doubts and agitations, when the revolu- tionary spirit was rising like a wave, Smith re- mained neutral, but in 1778 he espoused the British cause. Upon the conclusion of the war he aCCOlTI- panied Carleton to England, and was subsequently appointed chief-justice. Whatever opinion may be held as to Smith's character and motives, and both have been impugned, it cannot be denied that his judgment was sound and his opinions of the causes of the revolution consistent with facts. He argued that the provinces had outgrown their forms of government, and that the small legislatures acting 4 THE BILL INTRODUCED independently had failed to create common politi- cal interests or to associate themselves as units in a confederated empire. His recommendation looked towards the provision of a legislative assembly and council for the whole of British America from Ber- muda to Hudson Bay. The council was to consist of life members. The assembly was to be chosen by the provincial Houses. A governor-in-chief was to hold power above the lieutenant-governors, and was to have the option of assenting to a bill or re- serving it for the royal decision. Provincial Acts were to be referred for appro,?al to the federal or central government. In the main these terms and those of the British North America Act are syn- onymous but it needed nearly a century of political conflict before the colonies and the mother country were ready for so sweeping and so novel a change. I t had' been the intention to introduce the bill for the division of the province during the previous session, but the uncertain state of the relations with Spain rendered this inadvisable. 'Vith war as a contingency it was deemed impolitic to further unsettle a colonial dependency which might be- come the cause of demands, if not the scene of actual invasion, by the United States. Dorchester, therefore, remained at his post and was not sum- moned to England until l\Iarch of 1791. It ,vas hoped that he might arrive in time to assist in clearing and adjusting the many points ,vhich still remained open and debatable. He did not arrive, 5 JOHN GRAVES SIl\iCOE ho'wever, until the Act had become a statu . But the fullest discussion was given to the measure, and its opponents had the privilege of laying before the House the reasons which they had to urge against it. Lymburner was heard at the bar of the House on l\Iarch 23rd, and presented the adverse views as forcibly as possible. Time has shown that many of the contentions were cogent, and that many more were unworthy of the stress laid upon them. The difficulty of communication with the terri- tory of the proposed upper province and its inland character, together with an alleged hostility of the inhabitants to any division, were points urged against the passage of the bill. The measure was criticized " as dangerous in every point of view to British in- terests in America, and to the safety, tranquillity, and prosperity of the inhabitants of the province of Quebec." His object, and that of the English mer- chants of the province, was to save themselves from the domination of the French-Canadians, and to this end he asked for a com plete repeal of the Quebec Act and the inauguration of a new con- stitution "unembarrassed with any laws prior to this period." In this sentence he struck upon the main cause of the opposition both to the old condi- tions and the new proposals. It was to the French Civil Code and the feudal tenure that obtained under the Quebec Act and would be continued in Lower Canada under the provisions of the Canada Act that his party obj ected. If one large province 6 THE DEBATE could be constituted, the English inhabitants west of Montreal would join those of their tongue in the older section of the country, and in the union would be a certain safety from French aggression. But his representations had not sufficient weight to alter the course of legislation. Pitt, in introducing the bill, spoke at some length and stated that" he hoped the division would re- move the differences of opinion which had arisen between the old and new inhabitants, since each province would have the right of enacting laws desired in its own House of Assembly." Burke and Fox appeared in conflict; the former supporting the division reasoning from the absurdity of at- tempting to amalgamate the two races, the latter opposing it with the statement that it was most desirable "to see the French and English inhabi- tants coalesce into one body." But the principles of the bill had no stronger supporter than Fox. "I am convinced," he said, "that the only means of retaining distant colonies with advantage is to en- able them to govern themselves." Among the members who took a deep interest and a prominent part in the discussions was one of the representatives for St. l\faw's, Cornwall, Lieu- tenant-Colonel John Graves Simcoe. His words were listened to with more than ordinary attention, for it was known that he had had some years' ex- perience of British American affairs during the period of the Revolution, and that this experience 7 JOHN GRAVES SIl\'ICOE had led him to form opinions, which were entitled to consideration, upon the features necessary in a colonial constitution. On "rhursday, l\'Iay 12th, 1791, in committee, he contributed to the discussion by reading an ex- tract from an American paper to prove that con- gress thought a very small number of representa- tives sufficient for a western province, and that two or four would be enough to represent l\fontreal or Quebec. During the second reading on Monday, May 16th, he spoke forcibly in favour of the whole bill, and expressed confidence that it would be ac- ceptable to the inhabitants of both provinces. I t was during the debate in committee upon the bill that the dramatic incident arose which marked the close of the life-long and intimate association between Fox and Burke. It is a peculiarity of our parliamentary system that these episodes may grow out of discussion upon matters to which they are foreign. And, fr.om the clear sky of a" debate upon this peaceful Act, fell the thunderbolt of quarrel which, when its work was completed, left but the wreck of a friendship, the most remarkable in modern political life. ".fhe participants were men of noble genius, they had been knit together for very many years, they were alike passionate and capable of deep feeling, and in their clash upon the battlefield where they had so often urged their forces against a common foe there is something tragic. 8 BURKE AND FOX Burke, introducing the subject of the French Revolution, attacked bitterly the constitution of the new republic. Fox replied by criticizing the unseemliness of an attack, loaded ,vith abuse, upon an event which nobody had sought to discuss. Burke irnmediately threw the personal element in- to the discussion, and brought up the question of Cazalès, the French royalist orator, who, as Carlyle says, "earned the shadow of a name." Repeatedly was he called to order, but he pressed on with rash and vehement eloquence. In vain did Fox allude feelingly to their past cordial relations. "During the American war," he said, "we had rejoiced to- gether at the successes of a "\\T ashington, and sym- pathized almost in tears for the fall of a l\lont- gomery." Burke complained of ,vanton personal attack and misrepresentation. "It is certainly an indiscretion at any period, especially at my time of life," he said, " to give my friends occasion to desert me, yet if my firm and steady adherence to the British constitution places me in such a dilemma I will risk all." Fox, with tears, exclaimed, "There is no loss of friends." "Yes," cried Burke, "there is a loss of friends. I know the price of my con- duct. Our friendship is at an end." The association thus disrupted was never reforIlled. Suddenly and unexpectedly had the episode occurred, and before morning it was the talk of London and a week later of the country. The quarrel broke for a moment or two the peaceful monotony of the de- 9 JOHN GRAVES SIl\ICOE bates upon the Canada Âct. It was but an exhibi- tion of personal passion and rancour, and left no trace upon the legislation which proceeded without any other obstruction. Upon May 14th, 1791, the bill became law. Following closely Sir John G. Bourinot's précis, the provisions of the Act were as follows :- " The legislative council was to be appointed by the king for life; in Upper Canada to consist of not less than seven, and in Lower Canada of not less than fifteen members. l\'Ielnbers of the council and assembly must be of the age of twenty-one, and either natural-born subjects or naturalized by act of parliament, or subjects of the Crown by the conquest and cession of Canada. The sovereign might, if he thought proper, annex hereditary titles of honour to the right of being sumilloned to the legislative council in either province. The speaker of the council was to be appointed by the governor- general. The whole number of members in the as- sembly of Upper Canada was not to be less than sixteen; in Lower Canada not less than fifty-to be chosen by a majority of votes in either case. The limits of districts returning representatives, and the number of representatives to each, were fixed by the governor-general. The county mem- bers were elected by owners of land in freehold, or in fief, or roture, to the value of forty shillings sterling a year, over and above all rents and charges payable out of the same. l\lembers for the towns 10 THE CANADA ACT and townships were elected by persons having a dwelling-house and lot of ground therein of the yearly value of f.5 sterling or upwards, or who, having resided in the town for twelve months pre- vious to the issue of the election writ, should have bona fide paid one year's rent for the dwelling- house in which he shall have resided, at the rate of ;{:10 sterling a year or upwards. No legislative coun- cillor or clergyman could be elected to the assem- bly in either province. The governor was authorized to fix the time and place of holding the meeting of the legislature and to prorogue and dissolve it whenever he deemed either course expedient; but it was also provided that the legislature was to be called together once at least every year, and that each assembly should continue for four years, unless it should be sooner dissolved by the governor. It was in the power of the governor to withhold as ,veIl as to give the royal assent to all bills, and to reserve such as he should think fit for the significa- tion of the pleasure of the Crown. The British par- liament reserved to itself the right of providing regulations, imposing, levying, and collecting duties for the regulation of navigation and commerce to be carried on bet,veen the two provinces, or be- tween either of them and any other part of the British dominions or any foreign country. Parlia- ment also reserved the power of appointing or directing the payment of duties, but at the same time left the exclusive apportionment of all monies 11 JOHN GRAVES SIl\lCOE levied in this way to the legislature, which could apply them to such public uses as it might deem expedient. It was also provided in the new consti- tution that all public functionaries, including the governor-general, should be appointed by the Crown, and removable at the royal pleasure. The free exercise of the Roman Catholic religion was guaranteed permanently. The king was to have the right to set apart, for the use of the Protestant clergy in the colony, a seventh part of all uncleared Crown lands. The governors might also be em- powered to erect parsonages and endow them, and to present incumbents or ministers of the Church of England, and whilst power was given to the provincial legislatures to amend the provisions re- specting allotments for the support of the Protes- tant clergy, all bills of such a nature could not be assented to until thirty days after they had been laid before both Houses of the imperial parliament. The governor and executive council were to remain a court of appeals until the legislatures of the pro- vinces might make other provisions. The right of bequeathing property, real and personal, was to be absolute and unrestricted. All lands to be granted in Upper Canada were to be in free and common socage, as well as in Lower Canada, when the grantee desired it. English criminal law was to obtain in both provinces." In a troubled session of parliament the bill pro- bably passed as a comparatively unimportant though 12 rfHE COLONIAL POLICY necessary measure. Contemporary opinion and criti- cism laid more stress upon the disruption of the friendship between the two great Whigs and upon the message of }\;larch 28th, 1791, with its menace of war with Russia, which, but for the cool and intrepid retreat of Pitt, would have plunged the government down a precipice of ruin. But we now see these events in their true perspective, and no act of Pitt's long administration has greater rela- tive importance than this colonial measure. Its gradual extension to all dependencies pacified them forever and bound them in perpetual loyalty to the Crown. The achievements of peace are saner than those of war, and no statesman bases his monument upon a deeper foundation than when by his enactments he consults and ensures the welfare of people. 13 CHAPTER II THE SIMCOE FAMILY T HE member for St. Maw's, John G.raves Sim- coe, who brought to the discussion of the Canada Act no ordinary experience of colonial conditions and affairs, was, under the provisions of the Act, appointed governor of the newly-creatèd province of Upper Canada. He was the son of a naval captain, John Simcoe, and of Katherine Stamford, his wife. He was born at Cotterstock, in the county of Northumberland, on February 25th, 1752. He was named John after his father, and Graves after his godfather, Admiral Samuel Graves, who was his father's contem- porary and friend. At the early age of forty-five, in the year 1750, John Simcoe ended his career. His qualities had already Inade him prominent among naval officers, and had he lived they ,vould have carried him far upon the path of useful- ness. H is son, who inherited many of his com- manding talents, also left his life at a point where the way seemed to broaden, and both men are greater in their promise of future accoInplishment than in their actual performance. John Simcoe was promoted to the rank of captain in the year 1743 at the age of twenty -nine. In 1756-7 he ,vas a IneIuber of the court-martial that found Admiral 15 JOHN GRAVES SIl\fCOE Byng guilty of n glect of duty. In 1759 he sailed under Admiral Saunders in the famous fleet which played such an important part in the conquest of Canada. But he was destined to take no part in the active operations. On board his ship, the Pembroke, he died during the passage from Halifax to the river St. Lawrence. . John Graves Simcoe firmly believed that his father urged the attack on Quebec and was the principal means of the assault having taken place. It is stated that he was enabled to supply Wolfe with a chart of the river and with valuable information collected during an imprisonment at Quebec. No details of this capture and imprisonment are any- ,vhere given and the story begins in shadow and does not close in the light. Wolfe and Saunders obtained their information as to the currents and soundings of the river from sources which are · known. The prototype of this tale is that of l\'Iajor Stobo, whose capture, detention in Quebec, and subsequent presence with T olfe before the belea- guered city are authenticated. Had Captain Simcoe lived, his ability and service would have gained him honour and advancement greater than the bestowal of the crest of the sea lion, which had been granted him on account of im- portant services, and which seems to be the sole barren recognition which they called forth. He is everywhere mentioned as an officer of rare ability. His mind was alert and his judgment sound; wit- 16 HIS EARLY DAYS ness this opinion of the importance of Quebec and Montreal given at a time when they were mere outposts in a wilderness: "Such is the happy situa- tion of Quebec, or rather of .l\'Iontreal, to which Quebec is the citadel, that with the assistance of a few sluices it will become the centre of communi- cation between the Gulf of l\Iexico and Hudson Bay, between the Atlantic and Pacific Oceans, by an interior navigation; formed for drawing to it- self the wealth and strength of the vast interjacent countries so advantageously placed, if not destined to lay the foundation of the most potent and best connected empire that ever awed the world." Before Captain Simcoe's death the family resided in Northumberland but shortly after that event the widow and her two sons moved to Exeter. The younger of the boys was drowned ,vhile yet a child, and John Graves was left his mother's sole charge. He received his early education at the Free Gram- mar School at Exeter. In 1766, at the age of four- teen, he was sent to Eton, and on February 4th, 1769, he entered at l\lerton College, Oxford. As a student he was successful, and although he did not take his degree at Oxford it was owing to no lack of ability or application. He was essentially a man of action and he lived in times when the rumour of deeds of daring by land and sea were common in all men's mouths. l\:1oreover, he had his father's career to emulate, and his reading and study had fostered that military ardour which was his pre.. 17 JOHN GRAVES SIl\lCOE dominant characteristic. It was against nature that such a lad could remain at his books .while the field of deeds lay broad before his vision, and .while the gathering trouble in America invited to service upon shores which his father had visited before him. As the captain had left a considerable fortune it was easy for young Simcoe to obtain a cOlnmission as ensign in the 35th Regin1ent. His father had been a sailor, but he had also a strong predilec- tion for the army and left a treatise on military tactics which was considered of value in his day. Young John Graves undoubtedly inherited this talent, chose with his heart the army before the navy, and developed naturally until he became a type of all that is excellent in his profession. Thus he entered upon his military career in the year 1771, at the early age of nineteen. He did not at once see active service, and when his regiment was drafted for America he remained behind, and reached Boston only on June 17th, 1775, in time to hear the roar of guns on Bunker Hill and see the town streets filled with wounded and dying. This was his first experience of war, and for the next six years he knew no rest in the service of his king; he gave his body in wounds and his estate in gold to the cause, and he did not desist until his last desperate offers were rejected by his chiefs, and until with bitterness he became but a unit in a defeated army, and sheathed his sword at Y orkton upon that memorable nineteenth day of October. 18 ACTI\TE SERVICE At this early period of his service Simcoe had a definite ambition; that was, to be in command of a corps of light troops, as he conceived this to be " the best mode of instruction for those who aim at higher stations." He ,vas content to learn by the Inost arduous practice, that he might excel in his profession. But he was not content to adopt the manners and morals which had made such troops loathed and execrated as pillagers and marauders. His equal ambition was to change this reputation, to organize and perfect a corps which would be ever on the alert, which ,vould always be the forlorn hope of the army, but which would leave in its Inarches unharried fields and homesteads respected. lIe compassed his -ambitions. He commanded the Queen's Rangers; he gave his enemy no rest and took none himself, but his progress is nowhere marked by rapine or wanton destruction. In the earliest days of his service he gave evi- dence of his energy, his resourcefulness, and his persistence. He experienced for his first plan the check which was so often applied by generals in this war, the indifference which must have been galling to men who saw opportunities let slip and knowledge ,vasted. Through Admiral Graves, who in 1775 commanded the naval force at Boston, he proposed to General Gage to enlist the Boston negroes and lead them, under Sir James 'Vallace, in Rhode Island. Gage brushed the plan aside, say- ing that he had other employment for the Boston 19 JOHN GRAVES SIl\;lCOE negroes. So for months he lay pent with his regi- lnent in the besieged town, and when the fourth of l\larch saw \\T ashington on the Dorchester Heights, he and his comrades could only use their energies to secure an orderly embarkation. Upon l\Iarch 17th, he took his last view of Boston harbour and sailed with the rest of Howe's army for Halifax. The passage was speedy, favoured by good weather. After an interval of ten or twelve weeks the army left Halifax for Sandy Hook on June 11th, and arrived on the twenty-ninth of the month. The expected reinforcements had not arriv- ed, and as General Howe was apprised by Major- General Tryon, the governor of N ew York, that the Americans were preparing a stubborn resistance to any attack upon the city, he decided to proceed to Staten Island which the rebel forces relinquished when his ships anchored. The army disembarked on July 3rd. Amongst the troops was the 40th Regiment, to the grenadier company of which Sim- coe had, during the sojourn at Halifax, been ap- pointed captain. During the summer of 1776 he took part in the operations upon Long Island and in the Jerseys. "Then \\.... ashington, on December 26th, pierced the British lines at Trenton, Simcoe with the 40th lay at New Brunswick, New Jersey. His regiment was left to cover that post when Colonel Mawhood marched on January 3rd with the 17th and 55th to occupy the little village of l\:Iaidenhead between 20 SEEKING COl\Il\IAND Trenton and Princeton. l\lawhood's detachment had hardly begun its march when it encountered Washington's forces. In the engagement which en- sued Simcoe must have commanded his company of the 40th. Mawhood's force retreated to New Brunswick and soon the whole of Cornwallis's men. were pouring back from Trenton into the post, while Washington marched north to l\IorrÍstown. These disastrous occurrences, furthered as they were by want of promptitude and foresight, gave Simcoe cause for reflection. During the winter, while the army lay at New Brunswick, he went to New York to ask from Sir 'Villiam Howe the command of the Queen's Rangers, which was then vacant. His boat was detained by contrary winds and he arrived a few hours too late. But he placed his request upon record, and used what influence he had for the first vacancy of the kind which might occur. He was rapidly gaining experience, and the operations about New Brunswick in the early summer, during the eighteen days when Howe endeavoured to cross the Delaware and shake off the persistent 'Vashington, gave him ad- ditional insight into the art of moving men quickly. At the end of June the plan was abandoned and the army crossed to Staten Island. When the army embarked for the Chesapeake Simcoe wrote General Grant urging his claims to a command should any opportunity offer. On July 5th, 1777, he sailed with his regiment for the Dela- 21 JOHN GRAVES SIl\ICOE ware, and was detained upon shipboard by southerly winds and bad weather until the latter part of August, when the army landed at the head of the Elk River. Amongst the troops transported to the scene of the campaign against Philadelphia was the Queen's Rangers, upon the chief command of which SÍIncoe had set his heart. The corps had been raised in Connecticut and about New York by Colonel Rogers and had already seen service. On September 11th the armies clashed at Bran- dywine River, and Simcoe took part for the first time in an engagement of serious importance. It is probable that his regilnent was attached to Knyp- hausen's division and fought at Chadd's Ford. General Grant served under the Hessian com- mander that day, and it is likely with the same regiments that had been under his control at N e,v Brunswick, amongst which was the 40th. It is cer- tain that at this point the Queen's Rangers were engaged, for their service was such as to merit special mention in General !(nyphausen's report of the action, and to be rewarded by record in the general orders and the promise that all prolnotions should go in the regiment. At Chadd's Ford there was stern fighting and Simcoe was wounded be- fore the action was won. His hurt could not have been severe for he was able to resume his duties on October 16th, and when he again joined the army it was as major in command of the Queen's Rangers. 22 CHAPTER III THE MILITARY JOURNAL: 1777 TO 1781 I N the " Military Journal" Simcoe has left a par- ticular account of his service with the army from the date of his appointment to the command of the Queen's Rangers to the capitulation at Y ork- ton. The journal was written, from notes taken at the time, during the years immediately following the author's arrival in England after the close of the war, on parole, and was published privately in 1787. It is written in an admirable style, clear, direct, sometimes a trifle pompous, and always with an eye to some great model. Simcoe had not lost his taste for classics in his pursuit of arms and his narrative often marches with the stately tread of the ancients. There is an evident incongruity be- tween the important, swelling style and the opera- tions chronicled. A few hundreds of Queen's Ran- gers move through these pages with the swing of a whole cavalry division; a slllall foray becomes an incursion shaking a rebel state; a skirmish thunders like a battle; and the smallest plot or regulation has its imperial effect. 'This is military history through a magnifying glass. But, reading the pages in forgetfulness, one is in the midst of great deeds and serious undertakings. 23 JOHN GRA,TES SIl\fCOE No sooner had Simcoe taken the command which he had so long desired than he set to work to im- prove the organization and discipline of the corps. He was allowed to add a certain number of huzzars to the force, and altered the headgear and uniform of the men in order to render them less conspicuous and, therefore, more valuable for their special duties. He abolished sergeants' guards; he insisted on regularity in messing; he discontinued written or- ders as much as possible; he endeavoured to make each officer and man self-reliant, and ready to rush in at close quarters and fight with the bayonet. From his private purse he outfitted his men, and rewarded anyone who presented recruits. By these means he produced a company of "disciplined en- thusiasts in the cause of their country." The words and the emphasis are his own. After the battle of Brandywine, during the win- ter and spring of 1778, the general duty of Simcoe and the Queen's Rangers was to " secure the coun- try and facilitate the inhabitants bringing in their produce to market at Philadelphia." During his expeditions he took extraordinary precautions to prevent plunder by his troop and was, in general, successful. The two most important undertakings in which they were engaged were the affairs at Quintin's Bridge and at Hancock's House. They were little better than skirmishes and gain pro- minence by being met with in the journal where every detail is preserved. The affair at Hancock's 24 A PARTIZAN House is called a massacre by some American writers. A party was surprised by Simcoe and his men, over thirty were killed, amongst them Han- cock and a Loyalist who was a prisoner in the house. Simcoe relnarks that "events like these are the real miseries of war." These small operations were never without a certain importance, although lost in histories which deal only with the large move- ments of the war. They were spirited and were undertaken by Simcoe and his men with the parti- zan feeling which lent fire and force to their move- ments. Simcoe himself may well be taken as a type of the most extreme partizan. He never wavered in his opinion that the war was forced on Great Britain, and he served in the army from principle and not alone because such service was his duty. He despised his opponents as such; he considered them cattle, from Washington down to the meanest batman in the rebel army. But when he had conquered or taken his enemy prisoner he treated him with condescension and humanity. No reverse, not even the final catastrophe, could shake his blind fidelity to the king's cause. When Sir William Howe was recalled and Sir Henry Clinton succeeded him in command, Simcoe was promoted to the rank of lieutenant-colonel. On June 18th, 1778, the British army evacuated Philadelphia. \Vith its Í1nmense baggage train, ex- tending to the length of twelve miles, it lumbered through the heat and the dust, and on the twenty- 25 JOHN GRA' ES SI ICOE sixth it had reached lonmouth court-house. The Queen's Rangers on the night of the t\venty-sixth co' ered headquarters, and in the early hours of the twenty-se' enth they changed their position and joined the left 'wing under Sir Henry Clinton. On the morrow the battle of )Ionnlouth \vas to be fought and the left \ving \vas to bear the brunt of the action. At se\ en in the morning of the twenty- seventh orders \vere brought to Simcoe "to take his huzzars and try to cut off a reconnoitring party of the enemy." Let us follo,v the mo' ement in the words of the journalist; the passage "ill give the reader an idea of the manner of warfare in those days, and at the same time will serve as an example of the style in which the narrative is \vritten :- " _-\.s the \voods \vere thick in front, Lieutenant- Colonel Simcoe had no knowledge of the ground, no guide, no other direction, and but t,venty huz- zars \vith him; he asked of Lord Cathcart, ,vho brought him the order, \vhether he might not take some infantry \vith him, ,,'ho, from the nature of the place, could ad ' ance nearly as expeditiously as his cavalry. To this his Lordship assenting, Lieu- tenant-Colonel Simcoe immediately nlarched 'vith his cavalry and the grenadier company, consisting of forty rank and file. He had not proceeded far before he fell in "ith t".o rebel videttes, ,,'ho gal- loped off; the cavalry \vere ordered to pursue them as their best guides; they flew' on the road down a small hill, at the bottom of ,,'hich 'was a rivulet; 26 A SKIR:\IISH on the opposite rising the ground was open, with a high fence, the left of which reached the road, and along which, a considerable way to the right, a large corps was posted. This corps immediately fired, obliquely, upon the huzzars, \vho, in their pursuit of the videttes, went up the road, and gained their left, when Ellison, a very spirited huzzar, leapt the fence, and others followed. Lieutenant- Colonel Simcoe, in the meantime, brought up the grenadiers, and ordered the huzzars to retreat; the enemy gave one universal fire, and, panic-struck, fled. The Baron Stuben, who was \vith them, lost his hat in the confusion. Lieutenant-Colonel Sim- coe rode along the fence, on the side opposite to which the enemy had been, posting the grenadiers there; the enemy fired several scattering shots, one of which wounded him in the arm; for some se- conds, he thought it broken, and \vas unable to guide his horse, \vhich, being also struck, ran a,vay with him, luckily, to the rear; his arm soon re- covered its tone, he got to the place \vhere he had formed the huzzars, and with fourteen of them re- turned to,vards a house to ,vhich the right of the enemy's line had reached. Upon his left flank he saw two small parties of the enemy; he galloped towards them, and they fled; in this confusion, seeing two men, who probably had been the ad- vance of these parties, rather behind the others, he sent Sergeant Prior, and an huzzar, to take them, but with strict orders not to pursue too close to the 27 JOHN GRAVES SIMCOE wood. This the sergeant executed; and, after firing their loaded muskets at the large body which had been dislodged and was now rallying, the prisoners were obliged to break them, and to walk between the huzzars and the enemy. The business was now to retreat, and to carry off whomsoever might be wounded in the first attack. The enemy opposite seemed to increase, and a party, evidently headed by some general officer and his suite advancing to reconnoitre, it suggested to Lieutenant-Colonel Simcoe to endeavour to pass, as on a similar de- sign; and, for this purpose, he dispatched an huzzar to the wood in his rear, to take off his cap and make signals, as if he was receiving directions from some persons posted in it. The party kept moving, slowly, close to the fence, and toward the road; when it got to some distance from the house, which has been mentioned, Lieutenant-Colonel Simcoe called out audibly, as if to a party posted in it, not to fire till the main body came close, and moved on slowly parallel to the enemy, when he sent Ryan, an huzzar, forward, to see if there were any wounded men, and whether the grenadiers re- mained where he had posted them, adding, 'for we must carry them off or lie with them,' to which the huzzar replied, 'To be sure, your honour.' On his return, and reporting there was nobody there, Lieutenant-Colonel Simcoe struck obliquely from the fence, secured by a falling of the ground from danger, over the brook to the wood, where he found 28 WOUNDED AND INACTIVE Captain Armstrong had, with great judgment, with- drawn his grenadiers; from thence he returned to camp, and sending his pris'Oners to the general, went himself to the baggage, his wound giving him excruciating pain, the day being like to prove very hot, and there not appearing the least probability of any action." Simcoe and his men had engaged and driven off seven or eight hundred of the militia under General Dickinson. Upon the following day, Captain Ross led the Queen's Rangers in the battle of l\lon- . mouth, and at night they formed the rear-guard, and moved back "with that silence which was re- marked in Washington's account of the action." While his men were in the very hottest of the fight Simcoe lay with the baggage, suffering and hear- ing the battle afar off: "During the day," the journal says, "the baggage was not seriously at- tacked; but some very small parties ran across it from one side of the road to the other; the rumour of them, however, added personal solicitude to Lieutenant-Colonel Simcoe's public anxiety, and for security he got together the pioneers of his own and some other corps around his wagon. The un- certainty of what fate might attend his corps and the army gave him more uneasiness than he ever experienced; and, when the baggage halted, he passed an anxious night till about the middle of it when he had authentic information of the events." Simcoe ,vas able to assume command of the 29 JOHN GRAVES SIMCOE Rangers on July 1st, but after he had escorted Sir William Erskine to Sandy Hook he was compelled through illness to remain in New York inactive until the fourteenth of the month. During the re- Inainder of the summer his chief services were: in connection with Tarleton, an ambuscade of the Stockbridge Indians at Kingsbridge on August 31st, and an attempt to surprise a corps of light troops under Colonel Gist. The ambush was par- tially successful, but the surprise failed of its object. On November 19th the corps was ordered into winter quarters at Oyster Bay, Long Island, which the men fortified. "The situation was extrelnely well calculated to secure the health of the soldiery; the water was excellent; there were plently of vege- tables and oysters to join with their salt provisions, and bathing did not a little contribute to render them in high order for the field." They passed the winter in drilling, and were exercised particularly in rapid movements, bayonet charges, and occupying ground. Simcoe always laid great stress upon the efficiency of his men at close quarters; he held "that the British soldier, who fixes with his eye the attention of his opponents, and at the same instant pushes with his bayonet without looking down on its point, is certain of conquest." It may be here remarked that one of the greatest pleasures to be deri ved from a perusal of the "Military J oumal" arises from the contrast that 30 VAN V ACTOR'S BRIDGE may be drawn between present methods of war- fare and those followed at the close of the last century. On May 18th the Rangers, "in great health and activity," left Oyster Bay and proceeded to Kings- bridge and formed the advance of the right column of the army. The summer was spent in skirmishing and attempts to engage or ambuscade the patrols of the enemy, but no encounter of any importance took place. On October 24th the corps embarked as if for service in Jamaica, but was relanded and marched to.relieve a regiment at Richmond, Staten Island. While here Simcoe formed the scheme of destroying the flat-boats that the enemy had col- lected at Van Vactor's Bridge. He planned the ex- pedition with his customary care, and, but for de- lays and certain happenings which could not have been foreseen, it would have been brilliantly suc- cessful. Eighteen new boats were burned, prisoners were taken, and forage destroyed. The intention was to reach headquarters at Kingsbridge by way of New Brunswick and to lead the enemy into an ambush prepared for them at South River Bridge. The latter part of the plan failed completely. News of the expedition had spread like fire and the country was roused. As Simcoe's party approached New Brunswick it fell into an ambush. Simcoe "saw some men concealed behind logs and bushes and heard the words ' Now, now 1 ' and found him- self when he recovered his senses prisoner with the 31 JOHN GRAVES SIMCOE enemy, his horse being killed with five bullets, and himself stunned by the violence of the fall." As he lay thus a lad was prevented from bayoneting him, and for a while his life was in imminent danger. When he regained his senses he had to face for some days the fury of the people in that locality on account of the killing of Captain Vorhees by one of the Rangers. He remained at New Brunswick until October 28th when he was removed to Bordentown on parole. Ifere he enjoyed some liberty until the treatment he received from the inhabitants led him to confine himself to his quarters. Early in N ovem- ber he was removed to the common jail at Burling- ton, and was in the end confined in the felons' room in retaliation for the imprisonment of two Ameri- cans, one of whom had killed a Loyalist. Simcoe was held by the authorities of New Jersey. He en- deavoured to arrange an exchange, and as his con- finement grew unbearable he made a desperate plan of escape and would doubtless have carried it out had not a letter to Washington gained him his release. On the last day of December Simcoe returned to Staten Island and joined his corps at Richmond. The winter passed with but one alarm, that of an attempt of Lord Stirling's upon Staten Island, which was unproductive of any result. Simcoe, ever active in executing stratagems and forays, was deeply engaged in a plan to carry off Washington, who, according to rumour, was quartered at some 32 UNDER BENEDICT ARNOLD distance from his army or any portion of it. But he did not lead the enterprise; it was entrusted to Captain Beckwith, who had formed a similar scheme which failed. The summer and autumn of 1780 did not produce any action of importance. Simcoe's health had be- gun to show the results of his four years of constant service, with its wounds and innumerable fatigues. On December 11th, 1780, the Rangers embarked on an expedition to Virginia under command of Benedict Arnold.. It is related in Dunlop's" His- tory of N ew York " that Simcoe held a "dorlnant commission " during this expedition and that if he had any cause to suspect Arnold he was to super- sede him. The story is likely founded on rumour; the fact is nowhere mentioned by Simcoe. He says simply that he was directed by the commander-in- chief" to communicate with him and to give hin1 such information from time to time as he thought might be for the good of the service while he was under the command of General Arnold." During the campaigp that followed, the Rangers rendered greater service than ever before. Capturing stores, and destroying posts, harassing the enemy by night and by day, they were never at rest. Their life was full of excitement and peril. It was warfare in which each man had to depend on himself and where individual bravery was so common as to pass without special notice. In a narrative of one of the forays Simcoe draws this picture: " ....-\.fter the party 33 JOHN GRAVES SIMCOE had advanced a mile, an artilleryman, who had es- caped and lay hid in the bushes, came out and in- formed him that Lieutenant Rynd lay not far oft: Lieutenant-Colonel Simcoe found him dread- fully mangled and mortally wounded; he sent for an ox-cart from a neighbouring farm, on which the unfortunate young gentleman was placed; the rain continued in a violent manner, which precluded all pursuit of the enemy; it now grew more tempes- tuous, and ended in a perfect hurricane, accom- panied by incessant lightning. rrhis slnall party slowly moved back to,vard Herbert's Ferry. It was with difficulty that the drivers and attendants on the cart could find their way; the soldiers marched on with their bayonets fixed, linked in ranks to- gether cO'Tering the road. The creaking of the wag- on and the groans of the youth added to the horror of the night; the road was no longer to be traced when it quitted the woods, and it was a great satisfaction that a flash of lightning, which glared among the ruins of Norfolk, disclosed Herbert's house. Here a boat was procured which conveyed the unhappy youth to the hospital ship, where he died the next day; Lieutenant-Colonel Simcoe barricaded the house in which he passed the night." On June 2nd, 1781, the Queen's Rangers were dispatched against Baron Stuben, who was guarding large and valuable stores at the Point of }'ork, the head of James River. The corps was supported by two hundred rank and file of the 71st Regiment. 34 AT SPENCER'S ORDINARY Owing to the incessant marches and distance from their stores the footgeaf of the Rangers was so ,vorn that fifty men were barefooted, but when they were called to attack the Prussian who had turned the continental troops into an efficient army, not one would fall to the rear. The pages of the" l\fili- tary Journal" give the strategy of the movement with the usual particularity. The plans were well laid and carefully executed, and the baron was ill- informed as to the force moving against him. When half a hundred Inen would have effectually protec- ted the stores he fled, as he thought, froln the army of Cornwallis. The threadbare corps fell upon the rich prize, appropriated whatever linen and cloth- ing was of immediate service, broached the rum casks, rolled the powder kegs into the Fluvanna, and set fire to piles of arms, tools, wagons, and miscellaneous equipment. The most notable exploit of Simcoe and his Rangers was the engagement at Spencer's Ordinary on June 26th, 1781. This action Simcoe himself considered "the climax of a campaign of five years, the result of true discipline acquired in that space by unremitted diligence, toil and danger, an honour- able victory earned by veteran intrepidity." The action resulted from an expedition directed by Cornwallis to destroy a quantity of stores and some boats that had been brought together by the Federal troops on the Chickahominy. The end was attained but upon his return Simcoe found himself 35 JOHN GRAVES SI ICOE in opposition to a force under Butler of the Penn. sylvania line which had been sent by Lafayette to intercept him. A sharp action followed but Butler was beaten back and the Queen's Rangers returned to their quarters flushed with success. The commander-in-chief specially distinguished Lieutenant-Colonel Simcoe and the Rangers in the public orders at Williamsburg on June 28th, "for their spirited and judicious conduct in the action of the twenty-sixth instant when he repulsed and defeated so superior a force of the enemy." On August 12th, 1781, the Rangers were sta- tioned at Gloucester" to cover the foraging in. front of that post," and before long they were re- inforced by Lieutenant-Colonel Tarleton and his cavalry. 'Vith their old spirit the Rangers con- tinued their operations, but they were reduced in numbers, and those that remained were "shattered in constitution." Simcoe himself, in his twenty- ninth year, was broken down by continuous fatigue, wounds, and exposure. The command of the post at Gloucester he ,vas compelled at length to resign to 1'arleton, but not before he had made a valiant fight to maintain it, being once, at least, carried from his bed to his horse to inspire the men with his presence and example. But however indomitable the valiant Simcoe and his handful of brave fellows might be in their minor undertakings, a larger strategy was shaping events. On August 31st the French fleet appeared at the 36 THE SURRENDER OF CORNWALLIS mouth of the York River. Every day after that the situation gre,v more hopeless until on October 17th Cornwallis flew the white flag. Simcoe, anxious for the safety of the Loyalists who had fought with the Rangers under his command, requested Cornwallis to allow him to endeavour to escape with them through Maryland. But he decided that the whole of the army should share one fate, and on October 19th with their comrades, the three hundred and twenty men of the Queen's Rangers laid down their arms. Simcoe was not likely present at the surrender for he was still in a dangerous state of health, and was sent on the Bonetta to New York in company ,vith the I. oyalists. Thence he sailed to England on parole. This closed his active military career. He ,vas promoted and received honour and distinction, but he was never again to employ his undoubted genius on the field in fighting the battles of his beloved king and country. 87 CHAPTER IV BEFORE UPPER CANADA: 1781 TO 1791 S IMCOE returned to England, his health broken by the hardships he had undergone and his spirit unstrung by the failures and defeats that he had done his utmost to avoid. His arrival in England did not go unnoticed. The king had observed the service of one of his youngest officers, and I ord Germain had written to Sir Henry Clinton when it was supposed that Simcoe had been killed: "I should be glad he had been in a situation to be in- formed that his spirited conduct had been approved of by the king." Now on December 19th, 1781, His l\fajesty conferred upon him the rank of lieu- tenant-colonel in the army, which rank he had before only held nominally. After his departure the Queen's Rangers fell under the displeasure of Sir Guy Carleton, who had succeeded Sir Henry Clin- ton in command of the army, and the promotions were not allowed to go in the corps. But through the influence of Sir Henry Clinton, on December 25th, 1782, the rank of all officers in the regiment was made universally permanent and it was placed on the roster of the British army. At the close of the war the corps was disbanded and many of the men chose to settle in Nova Scotia, where lands were granted them. 89 JOHN GRAVES SIMCOE During the years immediately following his arri- val in England, Simcoe rested and endeavoured to win back his strength. The family estate, Wolford Lodge, in the county of Devon, beautifully situated, surrounded by a park -like and peaceful country, gave him the needed change from the rigorous cli- mate to ,vhich he had been exposed, and the well- ordered life of an English gentleman soon repaired the havocs of camp-life. But while he rested he ,vas still active in his interest in public affairs, and was not lost sight of by the government. On December 30th, 1782, he was married to Elizabeth Posthuma, only daughter of Colonel Thomas Gwillim, of Old Court, Herefordshire. His wife was her father's only daughter and heir. 'l'he Gwillim family is very honourlJ,ble, and traces its source in a direct line to the ancient kings of North and South Wales and the celebrated Herald Gwillim. Colonel Gwillim, the father of Elizabeth Posthuma, had been aide-de-camp to General Wolfe, which fact proves his worth as an officer. Lieutenant-Colonel Simcoe and his wife were dis- tantly related through a mutual relationship with the wife of Admiral Graves, closer upon Miss Gwillim's side. She was handsome in person, of an artistic temperament, cultivated and refined,. in manner gentle and retiring. Simcoe was, in con- trast, lively and energetic, with social qualities which made him eminent either as guest or host. His round, amiable face shows to less advantage in 40 HIS POETIC GIFTS his portraits than when in life it was lit by his small but vivacious eyes and his friendly, engaging smile. The young couple spent the first years of their wedded life between 'V olford Lodge and London, where Simcoe began to be called more frequently in consultation by the military authorities upon special subjects upon which his experience made his opinion of value. It Was seen that he inherited his father's clearsightedness and his lucidity of statement. On January 14th, 1783, his exchange was signed at Passy by Benjamin Franklin, and Simcoe was released from his parole. He was again free to en- gage in active service but no occasion offered. The administration and improvement of his estate took up the greater part of his time. In general study and in the composition of the " Military Journal " he found the intellectual employment which re- created his mind. A few verses of his have been preserved which discover his vein of natural senti- ment if not any remarkable poetic gifts. rfhere is a long piece in four-line stanzas entitled "Clemen- tina," which proves that he kne\v by heart the "Elegy Written in a Country Churchyard." In rhymed couplets he has celebrated an encounter in the Revolutionary 'Var in which the disastrous effect of a bullet upon the Highland bagpipes, and, therefore, upon the spirit of the corps, is described. His most successful essay in verse may here be quoted :- 41 JOHN GRAVES SIl\iCOE "FRAGMENT" 1 I "Fancy! to thee belongs the coming day! Adorn it with thy Trophies! with such flow'rs As late o'er "rolfe were spread, while his cold clay Britannia, weeping, in YOll fane embow'rs. Brave youth ! for thee pure Glory framed the wreath, Not of those tints which fade before the noon, But of that sober cast, that hue of Death, True Amaranth, the dying Patriot's boon. Blest be thy memory and rest in peace! o may my soul be firm as thine, to meet Dangers. which skill may lay and which shall cease, Broke like the wave that bathes the proud rock's feet. Eliza! thou my triumphs still shall share i Fancy and Hope thy sufferings shall bear, And crown with twofold joy each fond suspended care. II " Hope! to the sunbeam stretch thy rosebud wreath, And raise thy mild and all encheering eye. Piercing beyond the dark domain of Death To the bright confines of futurity. Point thou the course of Glory! Valour rears For her his veteran spear; her, V eng nce calls i Bid her resume the deeds of former years, And plant Britannia's colours on those walls! Then to this land returning Age shall pay. Hope! ample tribute to thy guardian power, And with true science graceful shall delay Youth's list'ning ear from Pleasure's wanton bower; Illume to acts of worth the manly train, And bid, from thine and Fancy's sacred strain, .New \V olfes in arms arise, and Essex live again! III " Hope! who with smiling and commanding air Hast thrown thine eaglet to the sky, 1 The author is indebted for these verses to Colonel S. H. P. Graves, of the Indian Army. 42 HIS POLITICAL CAREER And bid him soar, with steadfast eye, To claim Jove's thunder, and to bear His high behests with forward wing; And thou, bright Fancy! powerful to fling Thy radiant eyebeams thro' the depths of space, And there, with keenest energy, to trace \\-natever cold oblivion, with her veil, Dark mental night, malignant, would conceal, Receive me, hallowed pair! and bid my rhyme Disclose the secrets of revolving time. IV U Essex! (ye Muses bless his name !) thy 1light Nor shall mischance nor envious clouds obscure I Thou the bold Eaglet, whose superior height, "\Vhile Cadiz towers, forever shall endure. 0, if again Hope prompts the daring song, And Fancy stamps it with the mark of truth, 0, if again Britannia's coasts should throng \Vith such heroic and determined youth, Be mine to raise her standards on that height, \Vhere thou, great Chief! thy envied trophies bore .. Be mine o snatch from abject Spain the state, \\'hich, in her mid-day pride, thy valour tore! And oh! to crown my triumph, tho' no Queen, Cold politician, frown on my return, Sweetly adorning the domestic scene, Shall my Eliza with true passion burn, Or smile, amid her grief. at Fame, who hovers o'er my urn!" It was not possible that a man so gifted for pub- lic life, with such Brdour for the improvement of domestic and colonial government, could long re- main out of politics. It is probable that the party managers had nlarked him for nomina ion as a man likely to strengthen their hands in the House; and it is certain that if Simcoe had resolved upon a political career his native persistence would urge his 43 JOHN GRAVES SIl\fCOE claim to recognition. He was elected member for St. l\law's, Cornwall, as colleague with Sir \Villiam Young, Bart., and took his scat in the parliament which assembled on November 25th, 1790. His parliamentary career was short, and its most active period was during the passage of the Constitutional Act, in the spring of 1791. The only speech of Simcoe's which was considered worthy of preser- vation in the parliamentary history of England was delivered on December 23rd, 1790, in committee to consider the state in which the impeachment of Warren Hastings was left at the dissolution of the last parliament. It escaped the general oblivion into which so much of the parliamentary discussion of that period has happily descended because it was, in effect, an attack upon Burke, and gave him an opportunity for personal defence and ex- planation. Simcoe's political career ended with the passage of the Canada Act, and it is probable that he was at once appointed lieutenant-governor of Upper Canada. Since the year 1789 his nalne had been connected with this office. On December 3rd of that year he writes to his friend Nepean: "Should Canada act upon the wise, enlarged, and just plan of annihilating at once every vestige of military government in her native colonies and undermining by degrees the miserable feudal system of old Canada . . . . too firmly established by a sacred capitulation to be openly got rid of, I should be 44 FIRST RECOl\Il\IENDATIONS happy to consecrate myself to the service of Great Britain in that country in preference to any situa- tion of whatever emolument or dignity." Thus he offered himself for the position, and very soon his name became connected with it, if not in a public way, yet in the way in which confidential servants and friends of government trade secrets over their ,vine, for Haldimand makes an entry in his diary under July 12th, 1790, that his host Davison "gave me further confidences, by telling me that Colonel Simpko was appointed to the new govern- ment." Early in February of 1791 he took up the re- sponsibilities, if not the actual duties of his office. In his very first recoInmendation to the govern- ment, he points out the necessity for a military force which would operate in opening colonization roads, and to the last he viewed the province from a mili- tary standpoint. With his customary energy he dwells during this correspondence with Grenville and Dundas upon every point which he considers of inlportance to the well-being and improvement of the colony. His earliest demands not being met promptly, he states that unless his views are ap- proved of he will have to decline the office. Dun- das writes a mollifying letter and states that he hopes to have the question soon settled. On August 3rd he writes to Grenville that he presumes that in Upper Canada he shall be subject only to the military authority of Dorchester. Thus 45 JOHN GRAVES SIl\ICOE early may be observed the desire to consider him- self free from authority, and to be the absolute master in his own domain. His salary was to be 2,OOO a year, and in this letter he states that he looks "rather to future promotion than to present emoluments," and offers to give up 500 a year if a bishop " is withheld on account of the expense." On August 12th, as he expects that the detail of the government for Upper Canada will be fixed the next day, he writes Dundas giving a summary of the arrangements that he would like to see car- ried out. He places them in the following order:- (1) The Episcopal establishment; (2) military estab- lishments; (3) a company of artificers; (4, 5) inde- pendent companies; (6) deputy quartermaster- general; (7) legal appointments; (8) executive council; (9) the appointment of l\fr. W. Jarvis to be secretary and clerk of the council; (10) a printer who might also be postmaster; (11) l\-lr. Russell to be collector of customs, auditor, and receiver-gen- eral; (12) surveyor-general; (13) provision for set- tlers ; (14) a constant supply of government stores; (15) the supply of tools and materials to be disposed of to settlers at cost price; (16) a supply of copper coinage; (17) books for the foundation of a public library. Amongst the objects that "may be worth the attention of the new settlers in Upper Canada" he noted :-(1) Growing' hemp and flax; (2) supply- ing the Indian markets with rum from parsnips; (3) discovering the best situations for iron forges; 46 ARRIVES AT QUEBEC (4) ,making salt at the salt springs in the high countries. During all these negotiations, harassed by severe indisposition, he was busy preparing his o\Vll estab- lishlnent, for his wife and family were to accom- pany him. He induced Captain Stevenson to go with him to Quebec to act as protector to his family in case of accident to himself. His official staff was, on September 30th, estimated as follO"ws : l\lajor of brigade, Captain Ed'ward Baker Little- hales, !:172 17s. 6d. ; commissary of stores and pro- visions, Captain John l\IcGill, f:172 17s. 6d. ; chap- lain, Rev. Edward Drewe, !:115 5s. od.; surgeon, John l\lcAulay, f:172 17s. 6d.; fort major, Eus- tache Robert Eyre, !:86 8s. 9d.; barrack-master, Justic Wright, 69 3s. od., making a total of !:789 9s. 3d. On September 21st he set sail from "T eymouth in the Triton. The ocean passage was uneventful, but very stormy weather was encountered in the Gulf.. Early on the morning of November 11th he arrived in the harbour of Quebec. He was the bearer of the several commissions, Sir Alured Clarke's as lieutenant-governor of Lower Canada, and Sir John Johnson's as superintendent-general of In- dian affairs. He also delivered the king's letter to Prince Edward, the Duke of Kent, father of Queen Victoria, who was in Quebec in command of the 7th Fusiliers. Out of consideration for the prince, whose rank was only that of colonel, Simcoe, al- 47 JOHN GRAVES SIl\fCOE ways a courtier and particular to a degree in all matters of military etiquette, had refused to take rank over him as brigadier. From the date of his arrival until early in June, Simcoe was in the anomalous position of being in authority in name only. Virtually he was lieutenant- governor of Upper Canada and commander of His l\:1ajesty's forces in the province, but in reality he could not remit a fine or issue a regimental order. He had no military authority until the arrival of the troops he was to command, and he could as- sume no civil po'wer until a majority of the legisla- tive council was present to administer the oaths. Four members of this body had been appointed in England, but only one was at that time in Canada, Alexander Grant. Until the proclamation dividing the province was issued, Sir Alured Clarke was acting governor. The moment that instrument was issued he became lieutenant-governor of Lower Canada, and could have no civil control in the sister province. Simcoe laid these facts before the govemlnent and recommended the appointment of additional councillors resident in Canada. The pro- clamation was issued on November 18th, 1791, and the division of the province was decreed to take place upon December 26th following. The Quebec Gazette of December 1st, 1791, contained the pro- clamation and the full text of the Act. It was necessary that the administration of justice should continue without intermission. Sir Alured 48 DEPARTURE FROl\I QUEBEC Clarke, properly sworn as lieutenant-governor of I.lower Canada, continued by proclamation the pow- ers of the judiciary, but Simcoe had not like power. If Judge Powell had pressed the desirability of a similar proclamation for Upper Canada the courts might have been temporarily suspended, but he did not do so and the administration of justice pro- ceeded while as yet there was no civil authority in the province. The term of uncertainty was ended early in June hy the arrival of two legislative councillors, Osgoode and Russell, who with Grant formed a quorum. The governor's military authority had been estab- lished a few days earlier by the arrival at Quebec of the Betsy and John on l\:1ay 28th, with the first division of the Queen's Rangers; the second divi- sion arrived on June 11th. Simcoe had chafed at the long delay. He ,vas inactive when before him lay a thousand plans to be carried out. He made what uses he could of the primitive arrangements for the interchange of let- ters. The inter, the spring, and a few weeks of the summer passed without any great accomplish- ment. The slowness of sailing transports and can- oes gave time only for the exchange of a fe,v dis- patches. As soon as he was released from his trying position, he left Quebec for the seat of his government. His journey was made in batea1læ and canoes, under sail where the broad waters and favourable winds would admit, rowed by resolute 49 JOHN GRAVES SIIVICOE arms where the currents were swift, and tracked up the rapids where no other method could make head against the raging water. He reached l\Ion- treal on June 17th, remained there until the twen- ty-second, and arrived at Kingston on July 1st. Kingston he left on July 24th, and on the twenty- sixth of that month he saw for the first time the bluff at the mouth of Niagara River, the walls of Fort Niagara and the group of buildings on the north bank which ,vere to be for many months the scene of his activities. t 50 CHAPTER V "PIONEERS, 0 PIONEERS! n I N 1782 Upper Canada was a wilderness of forest. Here and there had the axe notched the shore with clearances for forts or blockhouses. At Catara- qui stood the barracks on the site of old Fort Frontenac; Fort Niagara guarded the entrance of the river; Fort Erie protected its blockhouses with palisades; Detroit remained the most important post to the westward. Around these military posts there had been just sufficient cultivation to supply the officers' mess with vegetables, and the table of the privates with the necessary relief from a course of salt pork. But the country had never been thought of as a field for colonization until the British government was compelled to tu n its at- tention to the task of providing homes for the Loyalists who had fled to England from New York with Carleton, or who were trooping into Quebec from the south by way of Lake Champlain and the Richelieu. When Carleton evacuated New York he took upwards of forty thousand souls, his army and refugee Loyalists, to England. Despite the irritation of congress at delay and the con- stant pressure of his own government, the general refused to leave the city until every Loyalist 51 JOHN GRAVES SIl\ICOE who wished to accolnpany hin1 had been pro vided for. The experience of those who were un- fortunate enough to be left behind proved that his estilnate of the importance of removing the men who had fought, and the ,\\romen and children who had suffered, for the loyal cause was not extrava- gant. Disaster and personal loss had often visited those of the conquering party, and the events were too near, their memory was burned too deeply, to admit of clear sight, or of mercy after victory. To have left the Loyalists in N ew York, the great stronghold of the cause, would have been to aban- don them to the la wlessness of partizan spirit. l\lany were so abandoned, of necessity, throughout the country, and upon their sufferings in mind, body and estate, was the province of Upper Cana- da founded. The Treaty of Paris attempted to provide for the protection of the Royalists and their property. The fourth, fifth, and sixth clauses of the treaty were as follows :- " I,r -It is agreed, that creditors on either side shall meet ,vith no lawful impediment to the re- covery of the full value in sterling money of all bona fide debts heretofore contracted. "V -It is agreed, that the congress shall earnestly recommend it to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties which have been confiscated, belonging to real British subjects, and also the 52 THE TREATY OF PARIS estates, rights, and properties of persons resident in districts in the possession of His Majesty's arms, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go into any part or parts of any of the Thirteen United States, and therein to remain twelve lIlonths unmolested in their en- deavours to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that congress shall also earnestly recommend to the several states a reconsideration and revision of all Acts or laws regarding the pre- mises, so as to render the said laws or Acts perfectly consistent, not only with justice and equity, but with the spirit of conciliation which, on the return of the blessings of peace, should universally prevail. And that congress should also earnestly recommend to the several states that the estates, rights, and properties of such last-mentioned persons shall be restored to them, they refunding to any person who may be now in possession of the bona fide price (where any has been given) which such per- sons may have paid on purchasing any of the said lands, rights or properties, since the confiscation. " And it is agreed that all persons who have any interest in confiscated lands, either by debts, mar- riage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights. "VI-That there shall be no future confiscation 53 JOHN GRAVES SIMCOE made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage either in his person, liberty or property, and that those who may be in confine- ment on such charges at the time of the ratification of the treaty in America, shall be immediately set at liberty and the prosecutions so cOlnmenced be discontinued." . The clauses might have been regarded as suffi- ciently clear in statement and just in intention to merit execution in their integrity by an honourable nation. But the United States was not yet a nation; there was no guiding national sentiment; even the separate states were ruled by faction, local interests and prejudices. The functions of congress were hardly comprehended by the mass of the population, and the will of the executive was powerless to cool this turbulent element just poured from the furnace of successful rebellion. There may have been in the minds of some of the leaders of congress the idea that the articles just quoted were written down in good faith and should be acted upon, and more surely there must have been in the minds of many fair and just men throughout the States the senti- ment that confiscation and persecution ,vere abom- inable and unrighteous. But these feelings could not prevail; they were overwhelmed, lost, strangled in the flood of bitter feeling which rolled against the 54 'rREA. Tl\IENT OF THE LOY AI..ISTS men who, like their opponents and persecutors, had but done what they conceived their duty. In many of the states the action in direct contra- vention of the treaty was overt, and took the form of legislation designed to prevent the operation of the pacific clauses, to countenance the alienation of property, and to shackle the already overweighted Loyalist with new disabilities and penalties. Where the statute-book remained unsullied by these vio- lent enactments, there was yet the body of private hate and greed and selfishness to be reckoned with. In society and communities there was ever present that immense pressure of disapproval, that frown combined of hatred and suspicion under which no man could long live and breathe freely. No pro- perty was ever recovered except by stealth, and no debt was anywhere collected save through the rare personal honour of the debtor. While these things continued, Great Britain kept her grasp on Oswego, Detroit, Niagara and Iichi1i- mackinac, the posts which-dominated the western country. Thus her treaty obligations were unful- filled, and, while acting with firmness towards the power that had shown willingness to make fair contracts but inability to carry them out, she gave her protection and assistance to her faithful people. Claims for losses were paid to the enormous amount of $18,912,294, and those who had taken refuge in the province of Quebec were provided with food and shelter. 55 JOHN GRAVES SIMCOE The first refugees arrived before the war had ceased, the men were frequently drafted into the provincial regiments, the women and children were maintained at l\iachiche, St. Johns, Chambly, Sorel and other points at which they arrived natur- ally upon the termination of their journey. This influx continued up to 1790, and consisted of those who had suffered the more actively for the royal cause. There was at Niagara also a considerable number of refugees who sought the protection of the garrison and who began early settlement of the shores of Lake Ontario. After the year 1790 began the immigration of those who were loyal at heart and welcomed the opportunity of settlement again under the British flag, free from the con- tempt of their republican neighbours and the poli- tical servitude in which they lived. Simcoe, by his proclamation of free grants of land, created what would, in these days, be called a "boom," and the morals and principles of some of the settlers looked strangely like those of the ordinary land-grabber and speculator. But everyone was a Royalist to his ardent mind. A quotation from the Duke de la Rochefou- cauld, a shrewd but not altogether unprejudiced observer, may be made to show the spirit with which Simcoe received emigrants in his day. "We met in this excursion an American family who, with some oxen, cows, and sheep, were emigrating to Canada. 'We come,' said they, 'to the gover- 56 THE :FIRST SETTLERS nor,' whom they did not know, 'to see whether he will give us land.' 'Aye, aye,' the governor replied, 'you are tired of the federal government; you like not any longer to have so many kings; you wish again for your old father' (it is thus the governor calls the British lllonarch when he speaks with Americans) ; 'you are perfectly right; come along, we love such good Royalists as you are, we will give you land.' " This was in 1795, and there is truth in the insinuation that all emigrants were not Loyalists. \Vriting only four years after the duke, l\lr. Richard Cartwright states pointedly that" it has so happened that a great portion of the popu- lation of that part of the province which extends from the head of the Bay of Kenty upwards is composed of persons who have evidently no claim to the appellation of Loyalists." At one extreme we have the governor who thought that every American who touched the soil of Upper Canada was cleansed from his re- publicanism, and at the other the legislative coun- cillor who could only see loyalty in those of the first immigration. A mean of truth might be estab- lished between them by deciding that these later arrivals were not partizans either of one side or the other, and that they chose, not altogether from selfish motives, to throw in their lot with the king. Even .l\Ir. Cartwright could not gainsay that they were good settlers and possessed "re- sources in themselves which other people are usually 57 JOHN GRAVES SIMCOE strangers to." 'Vhile their loyalty was, may be, luke- warm, the oath of allegiance presented no terrors; they took it calmly and their descendants are now so staunchly loyal that they have forgotten that their British sentiment, perhaps, began with kiss- ing a magistrate's Bible. The Loyalists who, after Simcoe's arrival, came from England, had not the pioneer virtues possessed by the New World sett- lers. They are described by Cartwright as "idle and profligate," and notwithstanding their aid from government, their rations, their implements, their household utensils, they failed to take root in the country. and disappeared or became paupers and vagrants. In the summer of 1782 there were sixteen fami- lies, comprising ninety-three persons, settled at Niagara. They had two hundred and thirty-six acres under cultivation, and had harvested eleven hundred and seventy-eight bushels of grain and six hundred and thirty 'of potatoes. The erection of. a saw and grist-mill upon the farm of Peter Secord, one of these pioneers, was contemplated. These sixteen families were supporting themselves with the assistance of rations granted by the govern- ment, and they are the first settlers of Upper Canada. The first refugee Loyalists arrived in the east- ern district in the summer of 1784 and took up land upon the St. Lawrence below Cataraqui, at that place, and upon the shores of the Bay of 58 PIONEER DIFFICULTIES Quinté. 1 They were all poorly equipped to gain their subsistence from the forest-covered domain which had been granted them. Soldiers and Loyalists alike had but the clothing upon their backs. When a family had a few chairs or a table, saved somehow from the ruin of their homesteads, guarded and transported with care and labour out of all propor- tion to the value of the articles, they were affluent amid the general destitution. The pioneer in our day can suffer no such isolation, and cannot endure like hardships. All civilization rushes to help him. He has only to break through the fringe of forest that surrounds him and he finds a storehouse of all the world's goods necessary for him at his com- mand. By his fire he may read of the last month's revolutions, or the triumphs of peace in the utter- Dlost parts of the earth. \Vhatever he touches in his cabin of rough logs may remind him of his comradeship with all the other producers of the globe, and every kernel of grain that he grows and 1 According- to a return made in 1784, signed by Sir John Johnson, these settlers consisted of the following- bands: The 1st Battalion King's Royal Regiment, New York, settled on townships 1 to 5, 1,462 ; part of Jessup's corps on 6, 7, and part of 8, 495 ; the 2nd Battalion King's Royal Regiment, New York, on 3 and 4, Ca.taraqui, 310; Captain Grant's party 011 1, Cataraqui, 187; part of Jessup's corps on 2, Catara- qui, 434; Major Rogers' corps on 3, Cataraqui, 209; Major Van AI- stine's party of Loyalists on 4, (;ataraqui, 2.1)8; different detachments of disbanded regulars on ð, Cataraqui, 259 ; detachment of Germans with Baron Reitzenstein on 5, Cataraqui, 44; Rangers of the Six Nation Department and Loyalists settled with the Mohawk Indians at the Bay of Quinté, 28. Total: 1,568 men, 626 women, 1,492 children, 90 servants = 3,776. 59 JOHN GRAVES SIl\iCOE every spare-rib that he fattens goes to swell the food-wealth of the world. For the pioneers of 1784 it was strife for bare subsistence; they were as isolated as castaways on a desert island ,vho had saved part of the ship's stores and tools. The government gave them a little flour and pork and a few hoes and axes, and with these they were to dispossess those ancient tenants who had for ages held undisputed possession. 1 They drew lots for their lands. 'fhe lucky ones obtained the farms near the posts or where some advantage of water, springs, groves, or soil made the situation desirable. When they were located began the great work of providing shelter. "Thile the trees were felled and the rude hut was taking shape, the family slept under the stars upon the ground, huddled together for warmth or protection from the dew and rain. Blankets they had none; their clothes were tattered, and as the chill nights of September came upon them, thus exposed, they suffered from cold. \tVith dull axes, which they could not shar- pen, they made their clearances, and when they were made they had no seed, or but a handful, to 1 The later arrivals received the following tools and implements, but the earliest settlers were aided only by the issue of the most neces- sary articles, made for them usually by the artificers of the regiments at Quebec and elsewhere. To every six families, one cross-cut saw; to every family, one hand saw, one hammer, two gimblets, ninety pounds of nails assorted, one set of door-hinges, one axe, one mattock, one spade, one scythe, one sickle, one set plough-irons, one set harrow- irons, one broad-axe, two augers, two chisels, one gouge, one drawing knife, one camp kettle. 60 INDIAN FRIENDSHIP sow between the stumps upon the rich 10aIn which was ready to yield theIll an hundred-fold. Their single implement was the hoe with which they chopped roots, turned the soil, covered the little seed. \Vith toil in the clear air they sharpened hunger that could not be assuaged from the small supply of food ,vhich they were compelled to hoard against the length of the winter. "rheir staples were flour and pork, but to these could be added fish, that were in such plenty that a hooked stick was all that was required to take them from the streams, and wild fowl that could be captured with the most primiti ve snare. They faced all the harshness of life in the wil- derness except the hostility of the Indians. These first Upper Canadian settlers never turned their cabins into blockhouses, never primed their guns and stood alert at the loopholes "while shrill sprang through the dreaming hamlet on the hill, the war cry of the triumphant Iroquois." The savages who surrounded them were refugees like themselves, allies who had fought with the dis- banded regiments and now, side by side, had turned them to the peaceful employments which were alike strange and untoward to the wielders of the tomahawk and the bearers of the rifle. Only upon occasion, maddened with rum for which they had bartered their treaty presents, did they drive off and kill the precious cattle and frighten the women and children when the men were at the post for 61 JOHN GRAVES SIl\ICOE rations. The normal attitude of the Indian to the settler was one of friendliness. In his possession he held the wisdom produced by centuries of conflict with the conditions that faced the pioneer. And when the rewards that he might look for were small he taught him to take fish without hooks or bait, to prepare skins without the tanner's vat, to make delicious sugar from the sap of the maple, to snare rabbits, to build canoes. He brought to the cabin door venison and dishes of birch-bark, and pointed out nuts and roots that were edible and nutritious. The government, observant of this friendliness that made the work of colonization so much easier, rewarded the Indians in many ways by gifts and privileges. The Mississaugas, who held the lands about Kingston and the lower end of the lake, received, on October 19th, .1787, a special grant of í2,OOO, York currency, in goods, as a reward for giving aid in their country to the Loyalists. The winter of 1785 found these earliest settlers for the most part prepared to withstand its rigours. Their little log huts were reared in the middle of the clearings supported by immense chimneys of rough stones, which opened in the dwarf interiors fireplaces nearly as large as one side of the enclo- sure. The chinks in the logs were stuffed with moss and clay, and the stones were cemented by nothing stronger than the soil from which they had been gathered. Night and day they kept fires roaring on 62 THE FIRST HARVEST the hearths. The precincts gradually widened in the snow as trees fell under the axe, and the interior of the cabins began to take on an air of rude com- fort as, one by one, rough articles of furniture were knocked together by the light of the fire. The en- forced stinting of the coarse, wholesome food, the splendid purity of the air, the sweeping ventilation of the little living-room kept clear by the sweet flame of maple and birch, the invigorating labour with axes amongst the resinous pine and the firm- trunked hard woods gave health and strong sleep, and happy hearts followed. In the spring when the fall wheat began to show in a shimmer of green rising about the stumps equally over all inequalities of the ground, spring- ing up gladly, renewing itself with a bright joy in the yirgin earth, the labourers saw the first of hun- dreds of springtimes that were to gladden Ontario. These first blades of wheat, making patches of green where the axes had cleft the forest for sun- shine and rain, were flags of hope unfurled for the women and children. It ripened, this virgin grain, breast high, strong-headed, crammed with the force of unwearied soil and sweeping sun- shine. '\Then hands gathered it, and threshed it, and winnowed it, it was crushed in the hollow scooped in a hardwood stump-a rude mortar. And if the swords of the old soldiers had not actu- ally become plowshares or their spears pruning- hooks, at least their cannon balls were frequently 63 JOHN GRAVES SIl\ICOE made into pestles and, suspended by cords from the end of a pole which was balanced like a well-sweep, . pounded grain peacefully into coarse and whole- some flour. 1 And while the grain waxed plump and ripened, the women, with resourceful energy, sought to improve the conditions of life. In most cases they had saved the seed which produced the first har- vest, now they endeavoured to clothe their fmnilies, learned the Indian tanning, spun thread from the fibres of the basswood bark, and made clothing of deerskin, trousers and smocks and petticoats, that would withstand for years the rough usage of a frontier life. Stockings were unknown; at first the children frequently spent the whole of the winter months indoors for lack of the necessary foot-cover- ing. When it became possible to obtain leather every man was shoe-maker to his own family, and produced amorphous but comfortable boots. Looking fonvard to the raising of wool, flax, and hemp, hand-looms were fashioned in the \vinter and spinning-wheels, and when the materials were at hand the women learned to spin and weave, and linsey-woolsey took the place of buckskin. When the proper materials were not at hand blankets were made from anything that could be found, for Instance, "hair picked out of the tanner's vat and a hemp-like weed growing in the yard." A common knife and a little invention filled the housewife's shelves with many a small article that 64 THE HUNGRY YEAR made keeping the house easier-uncouth basswood trenchers, spoons, and two-pronged forks whittled from hard maple, and bowls done out of ebn knots. The steady progress of the colony received but one serious check. The" hungry year" came with its dearth and its privation. After three years of toil some slight degree of comfort had been reached, but in the summer of 1787 disaster fell upon them. The harvest was a failure. During the winter that followed there was dire suffering. They lived upon whatever they could find in the woods. They killed and ate their few cattle, their dogs, their horses. The government could not cope with such wide and far-reaching destitution, and the people were thrown upon their own resources. The story of the circulation of the beef bones among neighbouring families to give fla vour to the thin bran soup is familiar. They lived on nuts and roots, on anything from which nourishment could be extracted. When the early SUlnmer brought up the grain they boiled the green, half-filled ears and stalks, and as the year drew on distress gradually vanished and comfort and im- provement marched on. Transport and communication were difficult, the lakes and rivers were the natural carriage-ways; and bush-trails, a foot or two wide, blazed at every turn led from one clearance to another. But despite these obstacles the people were sociable and helpful. Their interests were alike, their sufferings had been 65 JOHN GRAVES SIMCOE similar, and common difficulties drew them together. They passed on the knowledge of small, but to them important, discoveries in dòmestic processes and economies. The invention of one became common property. No man endeavoured to conceal his dis- covery of the best way to extract stumps or mount a potash-kettle, to build a bake oven, or to shape felloes. Every woman gave away her im- provements in bread-making, in weaving, and in dyeing. 1'hey were like members of one family, and for good-fellowship and economy in labour they joined forces, and in "bees" the men raised barn-timbers and rooftrees, the women gathered around the quilting-frames and the spinning- wheels. After labour there was mirth. The young men fought and wrestled and showed their prowess in many a forgotten game. The women made matches and handed on the news. There was dancing, good t eating, and deep drinking. In the winter there were surprise parties and dances when the company came early and stayed for a day or two. But the weddings were the chief occasions for jollity and good fellow- ship. B fore the year 1784 the ceremony was per- formed by the officer-in-command at the nearest post, or the adj utant of the regiment; afterwards, until the passage of the l\1arriage Act, by the jus- tice of the peace for the district. The bride and groom with their attendants, sometimes on foot, sometimes on horseback, followed the trail through 66 PURVEYORS OF NEWS the woods. If the journey were long they rested overnight at the house of some neighbour. They made as brave a show as possible, the bride decked out in calico, calamink, or linsey-woolsey, the bridegroom in his homespun. Or may be each in inherited garments of a more prosperous age, the bride in a white satin that had taken an ivory shade in its wanderings, the bridegroom in a broadcloth coat with brass buttons, knee breeches, and beaver hat. There was a fiddler always to be found, and no wedding was conlplete and perfect without a dance. Sometimes odd expedients were necessary to supply the ring, and there is record of one faith- ful pair that were married with the steel ring at- tached to an old pair of skates. The chief messengers from the outside world were the itinerant preachers and the Yankee ped- lars. They were the newsmongers who brought into the wilds word of the latest happenings, six months old: how Robespierre had cut off his Icing's head, how Black Dick had beaten the French, how Jay had made a treaty with King George, how the king's son was on the way to Niagara, how they were to have as a governor of their own, the fighting colonel of the Queen's Rangers, how a real French duke was at Kingston in the officers' quarters, how there was to be another war with the States. All the stray news from Albany or Quebec was talked over while the pedlar opened his pack of prints and gee-gaws, or before the preacher turned from these 67 JOlIN GRAVES SIMCOE worldly subjects to the one nearest his heart, the welfare of the eternal soul. They were not greatly troubled with money; they made their own in effect, by trade and barter, or, in fact, by writing on small slips of paper that passed everywhere at their face value until that be- came indecipherable from soil or friction, when the last holders made fresh copies, and on they went with their message of trust and confidence. The earliest settlers had no means of producing wealth. Their markets were their own simple tables, their exports reached the next concession, or the nearest military post. Their first and chief source of ready money was the sale of potash, a crude product from hardwood ashes. In fact, not many years have passed since the disappearance of the V -shaped ash vat and the cumbrous potash kettle. Their next source of revenue was the provisioning of the troops, and in 1794 agriculture had so developed that the commissariat was in that year partly sup- plied from the provincial harvest. Then timber be- came the staple, and the whole of the exports- potash, grain, and pork-were freighted to Mon- treal on rafts. Cattle at first were scarce and hard to provide for. Some of the earliest settlers had cows and oxen at places in the States, that had to be driven hundreds of miles through the woods over paths slashed out for their passage. In the first settlement at Oswegatchie (Prescott) for a population of five hundred and ninety-seven there 68 SOCIAL DISTINCTIONS were only six horses, eight oxen and eighteen cows. During the "hungry year" the first cattle were nearly all killed for food, but before long every farmer had his oxen and cows that ranged the woods as nimble as deer and picked up their living in the same fashion. Saw and grist-mills were soon established. First at Niagara, then at Napanee, at Kingston, at York on the Humber, and gradually they were added to as the harvests became greater and the demand for flour and lumber more extensive. Taking the grist to mill was always the most important event of the year. By tedious and dangerous voyages along the lake shore in open boats or scows, the settler took his bags of grain that were precious as gold to him, and returned with his flour, less the toll exacted for grinding, fixed by law at one-twelfth. 'V"hile he was away the ,vomen kept the houses, _lying awake at night with the children sleeping around them, shivering at the howling of the wolves. Often were they alarmed by rumours of disaster and loss to the one who had gone forth" bearing his sheaves with him," but who doubtless "came again with re- joicing. " As time went by there grew up those distinctions and degrees which must inevitably develop in society that begins to be settled and secure. Governor Simcoe to the full extent of his power aided these divergences. He thought nothing would contribute so greatly to the solid, four-square loyalty of the 69 JOHN GRAVES SI ICOE province as an aristocracy. This aristocracy he hoped to build out of the materials at his hand: half-pay officers, many of whom bore names that were honoured at home and whose traditions were those of good families and settled ways of life, the few leading merchants and landed proprietors who were the financiers and bankers of the colony. Upon these men fell the honours that Simcoe could re- commend or bestow; they were the legislative councillors, the lieutenants of counties, the magis- trates. They were the flower of the loyalty of the province, and from them he would. have formed an aristocracy with hereditary titles, estates, coats-of- arms, permanent seats in the legislative council. From this eminence the people descended in degree through the professional classes, the farmers, the shopkeepers, to the substratum of the land -grabber and speculator, whose loyalty was tainted and whose motives and movements were imagined and ob- served with suspicion. Upon even the humblest individual of the early immigration Simcoe desired to place some distinc- tion that might make his stand for a united empire known to posterity. At Lord Dorchester's instance a minute had been passed by the executive council of the province of Quebec on November 9th, 1789, directing the Land Boards of the different districts to register the names of those who had joined the royal standard in America before the Treaty of Separation of 1783. 70 MANNERS AND CUSTOl\IS But the Land Boards took but little interest in the matter, and Simcoe found the regulation a dead letter. He revived it by his proclamation dated at York on April 6th, 1796. This instrument directed the magistrates to ascertain under oath and regis- ter the names of such persons as were entitled to special distinction and land grants by reason of their cleaving to the king's cause in a troublous time. The next ensuing .l\lichaelmas quarter sessions was the time set for the registration, and from this date began the designation of United Empire I.Joyalist. l\-Ianners and customs were British of the same date, or colonial transplanted from the old pro- vinces of the Crown. There can be no doubt that hard drinking was the great vice of the time, and it penetrated to Upper Canada and flourished there. To the garrisons of the posts rum was the only diversion, and the men drowned the feeling of in- tolerable ennui as often as they could in that fiery and potent liquor. When they were being tran- sported from one point to another, even under the eyes of their officers they became intoxicated and remained so as long as the supply of liquor lasted. De la Rochefoucauld notes that, when Captain Parr and his detachment of the 60th Regiment were pro- ceeding from Kingston to l\Iontreal, "the soldiers were without exception as much intoxicated as I ever. saw any in the French service. On the day of their departure they were scarcely able to row, which rendered our tour extremely tedious." The 71 JOHN GRAVES SIMCOE comparison to the soldiers of his own country re- moves any suspicion of exaggeration. Again writ- ing of his trip to Oswego from Kingston, he says: "The four soldiers, who composed our crew, were intoxicated to such a degree that the first day we scarcely made fifteen miles, though we sailed twelve of them." The national vice was probably treated with lenity as an evil preferable to desertion. But the latter military iniquity was of the most con1mon occurrence. It was an easy Inatter at Niagara, Detroit, or Oswego to leave the immense mono- tony, the hideous round of a life that was a sort of servitude without the saving circumstance of hard labour, and find freedom in the American states. Rewards were freely offered for the apprehension of deserters; the government offered eight dollars and the officers added another eight for their re- storation to barracks. The Indians tracked theIn, hunted them down and captured them, when and how they could. The extreme penalty for desertion was death. This was the usual preliminary sentence, afterwards remitted to transportation for life at hard labour. Sometimes the first sentence was one thousand lashes that would be remitted to trans- portation. Onl y in one instance was the utmost rigour of the finding of a court-martial carried out "from the absolute necessity of a public ex- ample." It happened a few weeks more than a year after Simcoe's arrival at Niagara. Charles 72 MILITARY DISCIPLINE Grisler, a private of the 5th Regiment had deserted while acting as night sentry over a few bateaux at Fort Erie. He was captured, court-martialed and shot kneeling on his coffin at Fort Niagara on October 29th, 1793. An occasional sham fight, an alarm of war, bring- ing with it increased vigilance and perhaps a change of posts, labour upon some public road, vessel or fortification, these were the only reliefs to the hard barrack life with its interminable round of garrison duty under officers who for the most part paid no greater attention to their needs than if they were automata. They were rarely allowed to labour for settlers or for the townspeople of Niagara or Kingston, but sometimes their officers employed them at ninepence a day to clear land, make gar- dens, or improve their estates. It was a point of honour to carry out the code of dress and discipline as if the corps were at Portsmouth or London. \Ve can imagine the detachment of the 24th Regiment under Major Campbell, that SÍIncoe stationed be- hind the palisade of Fort l\liami, standing to arms in that utter wilderness in their scarlet coats with powdered hair and mitre-like helmets, every strap pipe-clayed, every button polished, every buckle pulled tight. De la Rochefoucauld draws a lively picture of a group of soldiers of the 5th Regiment dressing on board the Onondaga before their arri- val at Kingston. He saw the soldiers "plastering their hair or, if they had none, their heads, with a 73 JOHN GRAVES SIl\ICOE thick white mortar, which they laid on with a brush, and afterwards raked, like a garden-bed, with an iron com b; and then fastening on their heads a piece of wood, as large as the palm of the hand and shaped like the bottom of an artichoke, to make a cadogan, which they filled with the same white mortar, and raked in the same manner, as the rest of their head-dress." The duke moralizes, not upon the vanity of the soldiers, but upon the "forwardness of those who are ever ready to ridicule all manners and habits which are not their " own. A day or two before he had seen a crowd of Indians painted in glaring colours which they con- stantly freshened as they became dimmed with sweat. They are the one element of the population that I have not dwelt upon. The most important and numerous, the confederated tribes of the Six Nations, were settled on the Grand River upon lands set apart for them by Haldimand. In ] 784, when other parts of the province were without schools or churches, they were supplied ,vith both. Their church was adorned with crimson pulpit fur- niture and a service of solid silver, the gift of Queen Anne. These marks of civilization, the church and the school, had been given the tribe by the same government that allowed them to be debauched by rum. The savage nature was hardly hidden under the first, thinnest film of European customs. Scalps were hung up in their log huts, and arms 74 THE INDIAN POLICY that had brained children upon their parents' door- stones were yet nervous with power. Simcoe felt that their loyalty was but skin-deep, that it was governed by self-interest, and that at any time unless cajoled and blinded their cunning could be turned against their former allies. Brant he distrusted, his power he endeavoured to dissolve. His feeling upon the Indian situation was too in- tense, but in the savage nature he saw a real menace to the peace and prosperity of the colony. It should be remembered that at the time he governed there was a league between the Indians of the West and of Canada, that a concerted movement upon the new settlements would obliterate them as easily as a child wipes pictures from off his slate. His desire for London as a capital was principally that it would oppose a barrier between the Six Nations and the Western Indians. He used all the diplo- macy, in the methods of the day, to satisfy them that it was to their interest to remain loyal to the king, and those methods were often no better than the rum bottle and the abuse of opponents in the plainest language. The officials who were appointed to protect them were often their darkest enemies, cheated them and confirmed them, by their ex- ample, in idleness and profligacy. Yet there was at the heart of these puerile negotiations, this con- trol that seemed to be founded on debauchery and license, this alliance that was based on a childish system of presents, a principle that has been carried 75 JOHN GRAVES SIl\fCOE out without cessation and with increased vigilance to the present day, the principle of the sacredness of treaty promises. Whatever had been once writ- ten down and signed by king and chief, both win be bound by, so long as "the sun shines and the water runs. " The Indian nature now seems like a fire that is waning, that is smouldering and dying away in ashes. In Simcoe's time it was full of force and heat. I t was ready to break out at any moment in savage dances, in wild and desperate orgies in which ancient superstitions were involved with European ideas but dimly understood, and inten- sified by cunning imaginations inflamed with rum. Where stood clustered the wigwams and rude shelters of Brant's people now stretch the opulent fields of the township of Tuscarora; and all down the valley of the Grand River there is no visible line of demarcation between the farms tilled by the ancient allies in foray and ambush who have become confederates throughout a peaceful year in seed time and harvest. These aborigines lend a lurid dash of colour to the romantic procession of the earliest inhabi- tants of Upper Canada. They file by and we watch and comment upon each group and character: the Indians with their wild cries, their tomahawks in one hand, a few green ears of maize in the other; the red-coated soldiers, tramping in their formal dress with their unwieldy accoutrements; the civil 76 THE EARLY INHABrrANTS officers in their wigs and silk tights; the merchants proud with the virgin gains of the new province; the settlers, clad in homespun, the staunch men rith their well-made flails, the noble women, child- ren at breast, with their distaffs; the priests of the first churches bearing the weight of the law and the promise; the trapper in his bonnet of mink nodding with squirrel tails, and blouse and leggings of deerskin; the circuit rider with his eye of fire, his tongue ready as a whip of scorpions; the ex- plorer with the abstracted step and deep glance that looks with certitude upon lands and rivers that no 1nan ever saw; and before them all the figure of the governor who was endeavouring by precept and example to mould their diverse elements into a nation that would meet and match his own lofty ideal of what the new western nation should be. 77 CHAPTER VI THE LEGISLATURE I T was at Kingston that the government of Up- per Canada was organized. Simcoe, proceeding to Niagara, here met the members of the legisla- tive council. Four had been appointed in England, William Osgoode, William Robertson, Peter Rus- sell and Alexander Grant. Robertson did not come to Canada; shortly after his appointment he re- signed, and his place was filled on June 21st, 1793, by the appointment of Æneas Shaw. The remain- ing members were John Munro, of Matilda; Richard Duncan, of Rapid Plat; James Baby, of Detroit; Richard Cartwright, jr., of Kingston; and Robert Hamilton, of Niagara. In the little church opposite the market-place the commissions were read and the oaths administered. It was on July 8th that Simcoe, surrounded by his councillors and in the presence of the handful of Loyalists who had left their clearings to welcome him, solemnly undertook to administer British principles under a constitution that he believed to be "the most excellent that was ever bestowed upon a colony." Upon the following day Osgoode, Russell and Baby were sworn as executive councillors; Little- hales was appointed clerk of the council, Jarvis 79 JOHN GRAVES SIl\ICOE secretary, and both took the oaths. On the eleventh Grant was sworn as executive councillor and took his seat. From the tenth to the fifteenth the council was engaged upon the division of the pro- vince into counties and ridings for electoral pur- poses. A session was held upon Sunday the fifteenth, so eager was the new council for the dispatch of business. The division based upon the militia returns was finished, and a proclamation was drawn up and issued on the sixteenth. This proclamation was afterwards printed for circulation by Fleury Mesplet in Montreal. The division into counties and the number of members in the as- sembly to which each riding was entitled together with the names 1 of the men who represented the ridings in the first parliament were as follows :- FIRST PARLIAMENT OF UPPER CANADA, 1792-6. Glengarry (2), John Macdonell (speaker), Hugh Macdonell; Stormont (1), Jeremiah French; Dun- das (1), Alexander Campbell; Grenville (1), Eph- raim Jones; Leeds and Frontenac (1), John White; Addington and Ontario (1), Joshua Booth; Prince Edward and Adolphustown (1), Philip Dorland (not seated), Peter Van Alstine (seated 1793); Lennox, Hastings, and Northumberland (1), Hazleton Spen- 1 I am indebted for this information to the researches of C. C. James, Esq., F.R.S.C., the Deputy-Minister of Agriculture for On- tario, who, for the first time, has compiled a correct list of the members and their ridings. See Transactions Royal Society of Canada, Vol. viii, second series. 80 THE HOUSE OF ASSEl\iBLY cer; Durham, York and 1st Lincoln (1 ), Nathaniel Pettit; 2nd Lincoln (1), Benjamin Pawling; 3rd Lincoln (1), Parshall Terry; 4th Lincoln and Nor- folk (1), Isaac Swayze; Suffolk and Essex (1), Francis Baby; Kent (2), D. W. Smith and 'iVil- liam Macomb. Total: 16. Philip Dorland, of Prince Edward and Adolphus- town, was a Quaker, and as he refused to take the oath and could not be allowed to affirm, a new election was ordered and Peter Van Alstine was returned. Each member was no doubt a man of prominence in his district, and stood for what was best in the community. As yet political parties had not been formed, and the choice was made upon personal considerations alone. Simcoe had endeavoured to secure the return of half-pay officers, men of educa- tion, and he congratulated himself that his tem- porary residence at Kingston created sufficient in fluence to elect l"Ir. "\Vhite, who became attorney- general. But the result of the first election was that the majority of the seats were filled by men who kept but one table, who dined in common with their servants, and who did not belong to the aris- tocracy of the province. It is a fact worthy of note that Mr. Baby sat in this first parliament as the representative from the Detroit district, that fort and settlement having not then passed from under British control. On September 17th, 1792, the scene enacted at 81 JOHN GRAVES SIl\ICOE Niagara was a notable one. The frame in which the moving picture was set was worthy of the sub- ject: the little niche cut in the forest at the edge of the river where the great lake swept away to the horizon, upon every side the untouched forest, tracked with paths leading through ,vildernesses to waterways which lay like oceans impearled in a setting of emerald; everywhere the woods peopled with wild life; to the south the land, alienated and estranged, where almost every actor in the scene had shed blood, and upon the edge of which still waved the flag of England from the bastion of Fort Niagara. The actors had come from the ends of the earth: the war-worn regiments of King George; settlers clad in homespun in which they moved with as great dignity as when, in days gone by, they were clad in the height of the mode; retired officers who had seen half the civilized world and who were content with this savage corner; Indians in their aboriginal pomp of paint and feathers, be- girdled with their enemies' scalps, the chiefs of the great confederacy and those of friendly tribes from the far West. The ceremony which they gazed upon was the fulfilment of all they had fought for, the symbol of their principles and faith. It showed their children that here was the arm of England again stretched forth to do right, and mete out justice, to maintain her authority and protect her people. With as great circumstance as could be summoned, Simcoe had arranged the drama. It 82 OPENING THE FIRST PARLIAMENT ,vas a miniature "r estminster on the breast of the wilderness: the brilliancy of the infantry uniforms, leagues from the Horse Guards, yet burnished as if they were to meet the eye of the commander-in- chief, every strap and every button in place; the dark green of the Queen's Rangers, who had taken a name and uniform already tried and famous; from the fort the roar of guns answered by the sloops in the harbo\lr. The first session was held in Freemasons' Hall, and the general orders for the day directed that a subaltern guard of the 5th Regiment should be there mounted. At mid-day the governor proceeded to the hall, accompanied by a guard of honour, and delivered his speech from the Throne. It should be quoted as the first utterance of a British governor to the representatives of a colony assembled under a free constitution. "Honourable gentlemen of the Legislative Coun- cil and gentlemen of the House of Assembly :-1 have summoned you together under the authority of an Act of Parliament of Great Britain, passed in the 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 gra- cious sovereign and the British parliament have been eminently proved, not only in imparting to us the same form of government, but in securing the benefit by the many provisions which guard 83 JOHN GRAVES SIl\ICOE this memorable Act, so that the blessings of our invulnerable constitution, thus protected and am- plified, we 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 what- ever, till this period, have distinguished any other colony, have originated from the British nation up- on a just consideration of the energy and hazard with which the 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 various offices of the civil administration, that your fellow-subjects of the British Empire expect the foundation of union, of industry and wealth, of commerce and power, which may last through all succeeding ages. The natural ad vantages 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 a 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 encouragements." 84 THE FIRST SESSION Of the first House of Assembly J\Ir. John l\fac- donell, of Glengarry, was elected speaker. l\Ir. Os- goode, chief-justice, was speaker of the legislative council. Captain John Law, a retired officer of the Queen's Rangers, was sergeant-at-arms. The Rev. Dr. Addison opened the sessions with the pre- scribed prayers. The first session lasted for barely a month, and the House was prorogued on Octo- ber 15th. But dqring these weeks eight Acts were passed. Trial by jury was established; the toll for millers was fixed at one- twelfth for milling and bolting; the ancient laws of Canada were abrogated, and those of Britain substituted; the British rules of evidence were to apply; a jailor court-house was to be provided for each of the four districts. The financial problem early made its appearance, and for some years difficulty was met in raising a revenue for the necessary expenditure within the province. A measure to tax wine and spirits ,vas passed by the assembly, but was thrown out by the council. Upon the other hand the assembly viewed with disfavour a tax upon land. Thus early we see the divergence of two classes in the community: the assembly willing to tax the ,vine of the council, the council ready to tax the land of the assembly. But there was small friction in these primary gatherings. The most serious question of the day to the settlers was that of the marriage relation. At the first parliament a measure to make valid all exist- 85 JOHN GRAVES SIl\lCOE ing marriages was brought before the assembly, but it ,vas withdrawn, and after the close of the session, on November 6th, Simcoe submitted a draft bill to Dundas, accompanied by a report from Richard Cartwright, jr., dated Ne,vark, October 12th, 1792. The latter set forth that: "The country now Upper Canada was not set- tled or cultivated in any part, except the settle- ment of Detroit, till the year one thousand seven hundred and eighty-four, when the several pro- vincial corps doing duty in the province of Quebec were reduced, and, together with many Loyalists from New York, established in different parts of this province, chiefly along the river St. Lawrence and the Bay of Quinti. In the meanwhile, from the year 1777, many families of the Loyalists be- longing to Butler's Rangers, the Royal Yorkers, Indian Department, and other corps doing duty at the upper posts, had from time to time come into the country, and many young women of these families were contracted in marriage which could not be regularly solemnized, there being no clergymen at the posts, nor in the whole country between them and l\lontreal. The practice in such cases usually was to go before the officer command- ing the post who publicly read to the parties the matrimonial service in the Book of Common Prayer, using the ring and observing the other forms there prescribed, or if he declined it, as was sometimes the case, it was done by the adjutants of the regi- 86 THE l\IARRIAGE QUESTION mente After the settlements were formed in 1784, the justices of the peace used to perform the mar- riage ceremony till the establishment of clergymen in the country, when this practice, adopted only from necessity, hath been discontinued in the dis- tricts where clergymen reside. This is not yet the case with them all? for though the two lower dis- tricts have had each of them a Protestant clergy- man since the year 1786, it is but a few months since this (Nassau or Home) district hath been pro- vided with one; and the western district, in which the settlement of Detroit is included, is to this day destitute of that useful and respectable order of men, yet the town of Detroit is, and has been since the conquest of Canada, inhabited for the most part by traders of the Protestant religion who reside there with their families, and among whom many intermarriages haTe taken place, which formerly were solemnized by the commanding officer or some other layman occasionally appointed by the inhabi- tants for reading prayers to them on Sundays, but of late more commonly by magistrates, since magis- trates have been appointed for that district. "From these circumstances it has happened that the marriages of the generality of the inhabitants of Upper Canada are not valid in law, and that their children must stricto jure be considered as illegitimate and consequently not entitled to in- herit their property. Indeed, this would have been the case, in my opinion, had the marriage ceremony 87 JOHN GRAVES SIl\lCOE been performed even by a regular clergyman, and with due observance of all the forms prescribed by the laws of England. For the clause in the Act of the fourteenth year of his present l\1ajesty for re- gulating the government of Quebec which declares 'That in all cases of controversy relative to pro- perty and civil rights, resort shall be had to the laws of Canada as the rule for the decision of the same,' appears to me to invalidate all marriages not solemnized according to the rites of the Church of Rome, so far as these marriages are considered as giving any title to property." During recess the form of the Act to make valid past and to provide for future marriages was settled, and the Act was passed at the second session, which met on l\Iay 31st, 1793, and prorogued on July 9th. Simcoe felt the urgency of this measure, and it at once received his assent and was not referred to the home government for approval. The Act provided that marriages contracted irregularly in the past were made legally binding. It was merely necessary for the parties to the contract to make oath that their relations were those of husband and wife. For the future the ceremony could be per- formed by a justice of the peace, if the contracting parties were distant eighteen miles from a clergy- man; the prescribed Church of England form was to be in every case followed. When five clergymen of that church were resident in the district the .Act was to be non-effective. 88 THE SECOND SESSION At this session the foundation of municipal government was laid by the passage of an Act " to provide for the nomination and appointment of parish and town officers throughout this province." The Act gave but small powers to the township councils, but the meetings which it provided for formed the training-school for politicians. Here the questions of the day were discussed, and it has been aptly remarked by l\Ir. J. l\1. J\IcEvoy in his pamphlet on Tlze Ontario Township, that "it was the conception of law that was fostered in the men of Ontario by their town meeting, ,vhich led in a large measure to the establishment of respon- sible government in this province." The most important remaining Acts of the second session were: an Act to encourage the de- struction of wolves and bears; an Act for the main- tenance of roads; an Act to prevent the introduc- tion of negro slaves. The latter Act met with singu-- lar opposition. There are no statistics available to show the number of slaves in servitude in the pro- vince, but many had been obtained during the war by purchase from the Indians who had captured them in forays in American territory. Obtained from such a source, the price paid was small, and owing to the arduous conditions of labour and the scarcity of labourers in the new colony the value of the negroes was very great. The feeling even among those who admitted the necessity for the legislation was that action should be postponed for 89 JOHN GRAVES SIl\lCOE two years to allow those who had no slaves to pro- cure them. Simcoe gave his strongest support to the bill, and his influence led to its passage. One may be sure that he had been deeply and actively interested in the agitation begun in 1787 by Wilberforce, Sharpe, and their associates for the abolition of the trade. It took twenty years of con- stant work before the end was accomplished in Great Britain. Denmark led the nations and struck down the wretched traffic by royal order of May 16th, 1792; then followed the Upper Canadian legislature, first of all British colonies. Simcoe had broken the ring that bound the dependencies of the mother country. His feeling upon the subject was strong, and one of his earliest resolves was to purge the colony of this evil. He had s ated that: "The moment that I assume the government of Upper Canada under no modification will I assent to a law that discriminates, by dishonest policy, between the natives of Africa, America, or Europe." The Act of George III, ch. 27, which permitted the admission of slaves into a colony, was repealed; in future, no slave could be brought into the province; the term of contract under which a slave could be bound was nine years; children of slaves then in the province were to be declared free when they reached the age of twenty-five, until which time they were to re- main with their mothers. In due time, owing to the gradual operation of these provisions, slavery disappeared, and it was no longer possible to read 90 THE THIRD SESSION in the Gazette such notices as the following that appeared in the issue of August 19th, 1795:- "Sale for three years of a negro wench named Chloe, 23 years old, who understands washing, cooking, etc. Apply to Robert Franklin, at the Receiver-General's. " The third session of the legislature opened on .June 2nd, 1794, and closed on July 7th. It may be termed the war-session of Simcoe's administration. He believed that hostilities had been declared by Great Britain against the United States, and he had, but a few weeks before the opening, returned from the rapids of the l\liami, where he had estab- lished a strong post as part of a system for the de- fence of Detroit. The l\Iilitia Act was, therefore, the most important of the twelve Acts passed dur- ing this session. It gave the governor power to em- ploy the militia upon the water in vessels or bat- eauæ, and thus made it possible to dispute the control of the lakes and to oppose any naval force that a hostile power might collect to destroy the exposed settlements upon the shores. It also gave the governor power to form troops of cavalry, and completed the organization of all branches of the militia. By the Act to regulate the practice of the law the governor was gi ven power to license proper persons to appear before the courts; at the time the Act was passed there were only two duly quali- fied lawyers in the province. The bill to establish 91 JOHN GRAVES SIl\1COE a superior court was the measure that caused the greatest discussion. The need of some tribunal of appeal was keenly felt, and so great was the interest that the legislative assembly adjourned to hear the debate in the council. Here the opposition cen- tred with Cartwright and Hamilton, and to these gentlemen Simcoe does not ascribe disinterested motives. He thought they wished to keep in their own hands the trial of such cases as could under the Act be referred to the new court. But their op- position, though it now appears disinterested, was fruitless. So eager was the Lower House to further the bill that it could hardly be restrained from the undignified course of passing aU its readings at one seSSIon. An Act imposing a duty upon stills was also placed upon the statute-book. Annual licenses were to be granted; the fee was to be 15d. for every gallon that the body of the still was capable of containing. Of the opening of the fourth session, which took place on July 6th, 1795, an account has been pre- served by the Duke de la Rochefoucauld- Liancourt. He says: "The go,,'ernor had deferred it till that time on account of the expected arrival of a chief- justice, who was to come froln 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 was now begun, which, in a higher degree than elsewhere, engages 92 THE FOURTH SESSION in Canada the public attention, far beyond what state affairs can do. Two members of the legislative council were present instead of seven; no chief-jus- tice appeared, who was to act as speaker; instead of sixteen members of the assembly five only at- tended, and this was the whole number which could be collected at this time. The law requires a greater number of members for each House to dis- cuss and determine upon any business, but, within two days, a year ,vill have expired since the last session. The governor has, therefore, thought it right to open the session, reserving, however, to either House the right of proroguing the sittings from one day to another in expectation that the ships from Detroit and Kingston will either bring the members who are yet wanting, or certain in- telligence of their not being able to attend. " The whole retinue of the governor consisted of 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 his adjutant and two secre- taries. 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 modelled after that of the king." Only five Acts were passed at the fourth ses- sion, and none of these were of great importance. The agreement with Lower Canada as to the pro- portion of the revenue derived from duties on 93 JOHN GRAVES SIl\'ICOE wines and liquors payable to the upper province \vas confirmed. The amount which the former was found to owe the latter for the years 1793 and 1794 was 333 4s. 2d. It ,vas also agreed that one-eighth of all the revenue collected in the lower was to be set apart for the use and benefit of the upper province, and the agreement was to terminate in 1796. The Act to provide for the public register of deeds, conveyances, and wills was rendered necessary by the failure of many of the settlers to exchange their land certificates for grants. The motive of the bill was" to au- thenticate and confirm the title and property of individuals." The remaining Acts were: to regu- late the practice of physic and surgery, it abro- gated a law of Quebec which did not apply to Upper Canada; as to the eligibility of persons to be returned to the House of Asselnbly; to amend the Act of the third session with regard to superior courts. The House prorogued on August 19th. The fifth and last session of the first parliament met on l\Iay 16th and was prorogued on June 20th, 1796. The Acts numbered seven. The most impor- tant were an Act which aInended the Superior Court Bill of the session of 1794, and an Act to ascertain and limit the value of certain current coins. "fhe names of a fe,v of these pieces with their value as regulated by this Act will show how mixed were the coins then in circulation. The Johannes of Portugal, weighing 18 dwt. Troy, was 94 THE FIFTH SESSION valued at 4; the l\Ioidora of Portugal, weighing 16 dwt. and 18 grains Troy, was valued at 1 1 Os. ; the milled dubloon or four-pistole piece of Spain, 17 dwt. Troy, was valued at 3 16s. The penalty for counterfeiting was death; and for utter- ing or tendering false coins was one year's im- prisonment and one hour in the pillory for the first offence, and for the second the culprit was ad- judged guilty of felony without benefit of clergy. As the settlement of the country had progressed, it was found necessary to repeal the Act for the destruction of wolves and bears. The governor, who was upon the eve of depar- ture for England, closed the legislature with a few pompous and overwrought periods. His official utterances were aU set in a key remote from that in which he composed his dispatches or his inti- mate epistles. He evidently thought it becoming to speak with as heavy an accent as possible when he addressed the Houses from the throne. "It is not possible for me without emotion to contem- plate that we have been called upon to execute the most important trust that can be delegated by the king and British parliament during a period of awful and stupendous events which still agitate the greater part of mankind, and ,vhich have threatened to involve all that is valuable in court society in one promiscuous ruin. However remote we have been happily placed from the scene of these events, we have not been without their influence; but, by the 95 JOHN GRAVES SIMCOE blessing of God, it has only been sufficient to prove that this province, founded upon the rock of loyal- ty, demonstrates one common spirit in the defence of its king and country. . . . "It is our immediate duty to recommend our public acts to our fellow-subjects by the efficacy of our private example; and to contribute, in this tract of the British empire, to form a nation obe- dient to the laws, frugal, temperate, industrious, impressed with a steadfast love of justice, of honour, of public good, with unshaken probity and fortitude amongst men, with Christian piety and gratitude to God. Conscious of the intentions of well-doing, I shall ever cherish with reverence and humble acknowledgment the remembrance that it is my singular happiness to have borne to this province the powers, the privileges and the practice of the British Constitution; that perpetual acknowledg- ment of the good-will of the empire, the reward of tried affection and loyalty, can but fulfil the just end of all government, as the experience of ages hath proved, by communicating universally protec- tion and prosperity to those who make a rightful use of its advantages." As has been stated, the first session of the legis- lature was held in Freemasons' Hall. The business of the next four sessions was transacted in addi- tions to the barracks of Butler's Rangers. These additions were made by Simcoe's orders in the spring of 1793. They were of a temporary charac- 96 HIS ANTI-REPUBLICANISl\I ter, in fact, Simcoe refers to them as " sheds," and they were likely built of rough lumber and fur- nished with benches and tables made by the car- penters of the regiments. They ,vere sufficiently commodious to cover the little parliament and the officers of the government. As the work ,vas per- formed by the garrison, and as Simcoe intended the additions to house the soldien; from Fort Nia- gara when the posts should be evacuated, he re- quested that the expenditure might be charged to the military chest; but the war office would not consent, and the charge was made against the pub- lic account. In those days no detail of management was too petty for notice, and the war office con- sidered it of enough importance to order, over the Duke of Richmond's signature, that a new lock should be placed on a storehouse door and thè key should be kept by the commandant of the post. Simcoe had, for the greater part, nothing but praise for his legislators. They were loyal and true, and supported government worthily, a matter, pro- bably, of surprise to his mind, seeing that some of them were dissenters and others would sit down with and pass food to their servants in the republi- can fashion. And republican principles he could not abide. His life had been a continuous struggle against them. He abhorred them ,vhen he recog- nized them in his legislative council. He brands Hamilton as an avowed republican, and Cartwright as his friend and in league with him. He finds 97 JOHN GRAVES SIl\ICOE them opposing his schemes, and requests the ap- pointment of Captain Shaw to the legislative coun- cil, so that the plotters may have to face another staunch friend of the constitution. A little later he causes them to be told that he was the arbiter in all contracts. N ow the contract for provisioning the troops with flour was in Cartwright's hands, and Simcoe alleges that after this announcement he grew more civil and amenable. These hasty charges show the temper of the gov- ernor, and Cartwright and his companion have the best of the argument when their motives are ex- amined. The fonner, writing to his friend Isaac Todd says manfully that "though I do not think it necessary to bow with reverence to the wayward fancies of every sub-delegate of the executive gov- ernlnent, I will not hesitate to assert that His Ma- jesty has not two more loyal subjects, and in this province certainly none more useful than l\fr. Ham- ilton and myself, nor shall even the little pitiful jealousy that exists with respect to us make us otherwise, and though I hope we shall always have fortitude enough to do our duty, we are by no means disposed to form cabals, and certainly have not, nor do intend wantonly to oppose or thwart the governor." It required only the closer contact with l\fr. Cartwright, that Governor Simcoe's residence at I{iugston during the winter of 1794-5 gave, to show him what a valuable man to the province and 98 FRIENDS AND ENEl\IIES particularly to his o\vn section the legislative coun- cillor was, and this the governor ungrudingly ac- kno\vledged in his dispatches. It is probable that he \vas met with reserve by some of the chief men of the province, for Sir John .J ohnson, who from Lord Dorchester's influence had confidently ex- pected the appointment as governor, had promised office and distinction to several \vho were passed over by Simcoe. During his first days in the coun- try Sirncoe had sought an explanation with Sir John which" restored his good humour," and there can be no doubt that the governor's singleness of purpose and his native sense of justice would soon conquer any small hostility that may have been occasioned by his appointment. When he bade farewell to the first parliament of Upper Canada he nlay have expected to meet a newly-elected House the next summer; but his leave of absence was changed to commission for other important service, and he never again saw Toronto harbour, its sparkling waters and low shores darkly covered with a cloud of trees, or the little town of Niagara, clustered by the dark, turbulent river, or Navy Hall under the ensign of England that blew freely in the lake breeze. 99 CHAPTER VII LAND AND TRADE I N a country newly opened for settlement the land regulations are of the greatest import- ance to the inhabitants and the prospective settlers, and in the early days of Upper Canada they were the first rules that had to be observed. They were, however, of the simplest. The settler held his lands under a certificate signed by the governor and countersigned by the surveyor-general or his de- puty. The locations were decided by chance, lots being drawn and situations fixed accordingly. The certificate set forth that at the end of twelve months the holder should be entitled to a deed and become possessor of his land with power to dispose of it at will. Now if the original grantee had held his land secure until the patent was handed him, no confusion would have ensued. But so soon as the allotments were made in 1784 and certifi- cates issued, barter and exchange began. Some settlers were compelled by sheer necessity to sell or mortgage a portion of their lands; others found that their locations were too slnall to admit of suc- cessful farming operations and added to them by purchasing from their neighbours. So under these 101 JOHN GRAVES SIl\lCOE unsafe conditions of title, property 'was constantly changing hands. The Land Boards, constituted in 1788, attempted to check land speculation, w'hich had made its. appearance even at that early date in the history of the province, by issuing all ne,v certificates subject to the condition that lands so granted ,vould be forfeited if not actually settled upon within the year. They were also not trans- ferable without the sanction of the board. These regulations were but a rude attempt to maintain a proper system of registration. They could not control the larger grants to officers nor affect the lands in townships only in part surveyed. The exchanges, purchases, and mortgaging went on unchecked, and for ten years the only foundation of title was the original certificate or a scrap of paper that had at some time taken its place. Simcoe found that, although ten years had elapsed since the first allotments had been made, scarcely a single grant had been ratified, and that there seemed to be a disposition in many persons to deny the necessity of the exchange of certificates for grants. This state of affairs was viewed with extreme dissatisfaction by those who had any large landed interest in the province and could understand the gravity of the situation. The fourth session of parliament paved the 'way for a general issue of patents by providing for the registry of all deeds, mortgages, ,vills and transfers. Simcoe had the advice of his law officers 102 LAND SPECULATION and his legislative councillors, and Cartwright, fore- most among the latter, gave hitn the benefit of his views which were sound and well considered. He had not a very favourable opinion of Governor Simcoe as a lawyer, nor of his colleagues in the executive counciL "They are not very deep law- yers," he remarked. l\lr. Halnilton also laid the whole matter before a London lawyer, ,vhile upon a visit to England in 1795, as a Inember of the community and not in his capacity of legislative councillor. For this he .was called to account by the governor who thought the intention should have been mentioned to him. The moot point was whether the original certificates should be recog- nized by the patents, or the current deed or transfer. The wise view prevailed at length, and when pat- ents wer:e finally issued under the great seal of the province they were so issued to the holders of the land and not to the original possessors under the Land Board certificates. Land speculation was rife in the province, and the council had to refuse many applications for grants from persons who did not intend to become active settlers. Even with this care many allotments were made for speculative purposes, and the entries for many townships had eventually to be cancelled for non-settlement. Officers of the British army in the Revolutionary War made demands for large tracts of land in Upper Canada as a reward for servjc>p. Benedict Arnold was an applicant for a 103 JOHN GRAVES SIl\lCOE domain in the ne\v land. He wrote to the Duke of Portland on January 2nd, 1797: "There is no other man in England that has made so great sacrifices as I have done of property, rank, pros- pects, etc., in support of government, and no man who has received less in return." 'rhe moderate area that he desired was about thirty-one square miles. Simcoe was asked his opinion of such a grant, and on l\farch 26th, 1798, he replies that there is 110 legal objection but that "General Arnold is a character extremely obnoxious to the original Loyalists of America." Froln the date of this letter it will be observed that during his residence in England, after leaving Upper Canada, Simcoe was consulted by the government upon Upper Canadian affairs. He, himself, on July 9th, 1793, received a grant of five thousand acres, as colonel of the first regiment of Queen's Rangers. The operations of colonization companies began after Simcoe left the country, and, interesting as some of them are, they do not fall within the term of this story. The Land Boards, which had existed since 1788, were discon- tinued on November 6th, 1794, after which date the council dealt with all petitions for large grants of land, the magistrates of the different districts dealt with allotments of small areas of two hundred acres. The beginnings of trade and commerce in a province that now takes such a great and worthy place in the world as a producing power are in- 104 THE :FUR TRADE teresting, and to trace and chronicle them is a use- ful task. The fur trade was the first and for many years the only source of wealth in the country afterwards called Upper Canada. It was carried on by the great companies as well as by individual traders. The Indians were the producers of this ,vealth and the first, and, it may be said, by far the smallest, profits came to them. \Vhatever small benefit was derived from the supply of clothing and provisions which the traders bartered for the peltry, was offset by the debauchery and licentiousness that follows wherever and whenever the white man comes into contact with an aboriginal race. The tribes were often ruled by these traders who flattered the chiefs, hood\vinked the warriors, fomented quarrels to serve their own ends and did not scruple to attribute to governments policies and compacts which they had never contemplated nor completed. Rum was the great argument that preceded and closed every transaction. The Datural craving for this stimulant was so well served that after a successful trade an Indian camp became a wild and raging scene of debauchery, wantonness and license. During the dances that accompanied and fanned these orgies the great chiefs changed their dresses nine or ten times, covered themselves with filthy magnificence and vied one with the other in the costliness and completeness of their paraphernalia. Such a trade could add but little 105 JOHN GRAVES SIl\ICOE to the capital of a country; it served to enrich those who had lllade the adventure in goods, but no permanent investment of capital was neces- sary for its maintenance, and when the source of supply was drained it disappeared and left the Indians worse off than they were before its advent and development. Simcoe saw the positive evils and negative re- sults of this factitious trade and endeavoured to control it. He proposed as a means to this end to confine the traders to the towns and settled com- munities, and thus prevent them from crossing into the Indian country. By this regulation the Indians would become the carriers of their own furs, and coming first into contact with the settlers would part with thei wealth in exchange for provisions and not spirits. The settler would for his part re- ceive skins that were as ready money when that article was scarce. "rhus an internal fur trade would be established, and a certain portion of the wealth would be retained in the country. 'Vïth the advent of hatters, the craft they carried on would consume a great number of the skins and the contraband trade in hats would gradually diminish. In 1794 three hatters had already come into the province to establish themselves. One result of this trade and barter between set- tler and Indian was that an illegal exchange sprang up between the forlner and the Americans who settled New York state. All the cattle, many of the 106 TRADE AND AGRICULTURE implements, and much of the furniture of the first Upper Canadians were obtained by the sale of furs in this manner. Not only did American products thus find their way into the country, but goods of the East India Company and even articles and materials made in Great Britain. Smuggling ,vas too common and too convenient to be looked upon with disfavour. The frontiers lay open and unpro- tected, and the thickly wooded country Inade de- tection impossible even had there been an army of preventive officers, and these were, in fact, but fe,v. This dishonest trade was beyond the power of government to control, but Simcoe was impressed with the importance of promoting commercial con- nections with the republic. He recommended the es- tablishment of dépôts of the East India Company at Kingston and Niagara to sell merchandise, chiefly teas, to the people of the state of New York. He believed his province to be the best agricultural district in North America, and pointed out how its forests might be replaced by fields of hemp, flax, tobacco and indigo. Hemp, as a source of ,vealth to the settler and of supply for the cordage of the lake fleet, was a subject of his constant attention. The exports of potash had begun to fall away somewhat during the term of Simcoe's govern- ment; affected by the war in Europe prices had fallen, and as the land became cleared, and the area under crop more extensive this early industry grad ually waned. 107 JOHN GRAVES SIl\iCOE The staple product of the country was wheat and Simcoe paid the greatest attention to de- veloping this source of prosperity and ,vealth. Pork came next in importance as an article for export and for domestic consumption. l.'he exports from Kingston during the year 1794 will show what progress the colony had made. The figures are interesting as they mark a term of ten years from the time the first kernel of seed was sown. EXPORTS FR01I KINGSTON, 1794 To LOWER CANADA 8. D. 12,823 bushels of wheat (\Vinchester measure) at 3s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,923 9 0 896 bbls. of flour at 23s. 4d..... . . . . . . . . . . .. 1,045 6 8 83 " middling-s or b\gcuit flour at 15s . . . . 62 5 0 3,0l6lbs. hog's' lard at 6d. . .............. 75 8 0 15 tons of potash at 18. .......,.......... 270 0 0 ;E3,376 8 8 .FOR THE TROOPS s. D. 3,240 bbls. of flour at 23s. 4d. . . . . . . . . . . . . . . 3,780 0 0 2,938 bush. of pease at 4s. 6d. . ...... . . . . . . . 661 1 0 480 bbls. of pork at 90s. . . . . . . . . . . . . . . . . . . . 2,160 0 0 6, 601 1 0 To NIAGARA AND YORK S. D. 1,624 bush. of wheat at 3s. . . . . . . . . . . . . . . . . . 243 12 0 356 bbls. of flour at 23s. 4d. . . . . . . . . . . . . . . . . 415 6 8 2,500 lbs. of gammon at 8d.. .... .......... 83 6 8 742 5 4 Total, 10, 719 15s. Od. The m st important achievement that these figures set forth is the victualling of the troops. 108 A SYS'fEl\I OF EXCHANGE Agriculture, from furnishing a bare subsistence to the people during the first few years, had developed so rapidly that the surplus was sufficiently large to supply York and Niagara where settlement was still active, and to relieve the commissariat to a great extent from the necessity of importing the staples-flour and pork. Upon the quantity of sup- plies furnished for the troops mentioned in the statement, there was a saving of 1:2,420 14s., so excessive were the rates of carriage. It cost ten pence to freight one bushel of wheat from Kingston to Montreal. The only means of transport were rude bateaux, the risk of total loss was great, and after a most favourable voyage the actual loss from waste in transhipment was very considerable. Commerce in the country was on every side beset with difficulties. l\:Ir. Richard Cartwright thus describes the business methods of his day: "The merchant sends his order for English goods to his correspondent at l\Iontreal, who imports them from London, guarantees the payment of them there, and receives and forwards them to this country for a commission of five per cent. on the amount of the English invoice. The payments are all made by the Upper Canada merchant in Montreal, and there is no direct communication whatever between him and the shipper in London. The order, too, must be limited to dry goods, and he must pur- chase his liquors on the best terms he can in the home market; and if he wishes to have his furs or 109 JOHN GRAVES SI1tICOE potash shipped for the I ondon market, he pays a commission of one per cent. on their estimated value; if sold in l\lontreal, he is charged two and one-half per cent on the amount of the sales." But while the merchant had these barriers of com- n1Íssions and difficult transportation to surmount the settler was in a most unenviable position. His sole sources of wealth Vtrere his wheat and pork; these the merchants would buy only in such quantities as they chose and when it suited them. They would pay only in goods charged at the highest current prices, or by note of hand redeeln- able always on a fixed date, October 10th. The absence of any adequate and plentiful medium of exchange was a heavy burden upon the strug- gling settler, who was in the hands of the buyer. The latter might say "it is naught, it is naught," but, nevertheless, it was a real, pressing and over- bearing weight to be carried. Simcoe had endeavoured to loosen the grasp of the merchant, so far as his immediate po,ver would serve, by resulning the contracts for the purchase of supplies for the troops and placing the respon- sibility in the hands of an agent who would deal justly and equitably both in the matter of prices and quantities. Although his duty was to the king primarily, yet it was largely in the king's interest that his pioneers should have fair pay and ready money, so that his duty was also to the struggling settler and his little field of grain filling between 110 HIS SCHEl\IE FOR PUBLIC FINANCE the charred stumps of his clearing. This was a step in advance, yet the lllain branch of the trouble would remain untouched until sorne mediuln of exchange-in fact, a currency-appeared to coyer the small local transactions between buyer and seller. Simcoe, who left not the smallest need of the country untouched in his exhaustive dispatches, did not pass by this grave ,vant. He had great faith in the intervention of government in all matters pertaining to the welfare of the people. He was ever making demands that argued the inexhaustible treasure-chest and the beneficent will. '\Then Eng- land was engaged in wars and treaties that called for her utmost resources, a cry came out from U p- per Canada for grants for all purposes, from the founding of a university to the providing of an in- structor in the manufacture of salt. He proposed a grand and far-reaching scheme to meet the obstructions to trade which I have mentioned. He proposed that Great Britain should send out a large sum in gold which would fonn the capital of a cOlnpany to be formed of the executive and legislative councillors and the chief men in the province. This sum, he says naïvely, should be repaid, if expedient, by the sale of lands on l"ake Erie. Inspectors were to be ap- pointed whose duty it would be to examine all mills and recommend such processes as would re- duce their products to a normal standard of quality. 111 JOHN GRA ,rES SIl\fCOE The king's vessels should be used for transport across the lakes. A large dépôt or receiving-house was to be erected at Montreal, where all the flour was to be pooled. For every barrel there received a note was to issue, payable in gold or silver at stated periods, and these notes were to be legal tender for the payment of taxes. The freight of all government stores was to be conducted by the com- pany under a contract based upon the prices paid for the three or four years preceding. The benefits that Simcoe hoped to secure by this arrangement were: a provision for the consumption of the flour pro- duced, a Inedium of exchange instead of merchants' notes, lower rates for transportation from l\Iontreal, ease and certainty in victualling the troops, a sure supply of flour for the 'i\T est Indies, and a stimulat- ing effect upon agriculture as well as upon the allegiance of the Upper Canadians. He wrote, "it cannot fail of conciliating their affection and in- sensibly connecting them' with the British people and government." The lords of trade to whom the scheme was presented could hardly have considered it, and Upper Canada was left to work out its cur- rency problems upon the safer basis of provincial initiative. The earliest canals were all constructed within the boundaries of the upper province, but during Simcoe's government they received no enlarge- ment. They had been constructed by HaldÍlnand's order, and were maintained by the government, as- 112 THE LAKE FLEET sisted by a toll revenue of ten shillings for each ascent. All transportation took place in bateauæ, built strongly, with a draft of about two feet, with a width of six and a length of twenty feet. These were towed or "tracked" up the river and passed through the primitive canals wherever they had been constructed. The first canal was met with at Côteau du Lac, it consisted of three locks six feet wide at the gates; the second waS at Cascades Point; the third at the l\'Iill Rapids; the fourth at Split Rock. It was many years before these canals were en- larged sufficiently to accommodate the schooners that sailed the upper lakes. These vessels were constructed upon their shores, and never left their waters. In 1794 there were six boats in the king's service upon the lakes. These were armed; the largest vessels were of the dimensions of the Onondaga, eighty tons burden, carrying twelve guns. They were built of unseasoned timber, and their life was barely three years. ,It cost about four thousand guineas to construct one of the size of the Onondaga, and the cost of repairs was proportionately large. The mer- chant fleet on the lakes numbered fifteen. The rate of wages throughout the province was high and labourers were scarce. The usual pay for skilled labour was three dollars per diem; for farm labourers one dollar per diem with board and lodg- ing; for sailors from nine to ten dollars a month; for voyageurs eight dollars a month. 113 JOHN GRAVES SIl\ICOE Prices were correspondingly high, salt was three dollars a bushel, flour eight dollars a barrel, wood two dollars and a quarter a cord. The cOIn modi ties that we consider as the commonest necessaries of the table were beyond the reach of the majority of the people; loaf sugar was two shillings and six- pence per pound, and the coarse muscovado one shilling and sixpence; green tea was the Inost ex- pensive of the teas at seven shillings and sixpence, and Bohea the cheapest at four shillings. The cost of spices may be gauged by the rates charged for ginger, five shillings a pound. A japan teapot cost seven shillings and a copper tea kettle twenty- seven. Fabrics were Inost expensive, "sprigged" muslin was ten shillings and sixpence a yard, and blue kersey five shillings and sixpence. Every industry was carried on under great diffi- culties, mills with insufficient stones, saws and machinery; trades with the fewest tools and those not often the best of quality. The salt wells in which the governor took an early interest were hampered by lack of boilers or any proper appliances. In four years only four hundred and fifty-two bushels of salt had been produced at a selling price of í362. The only requisites at the wells for the production of this most necessary staple ,vere a few old pots and kettles picked up casually. But the trades and manufactures served the needs of the growing population, the units of which were self-reliant and of a courageous temper. The actual population of 114 POPULA TION Upper Canada is difficult to arrive at accurately. It is stated to have been ten thousand in 1791 when the division of the provinces took place. ,V riting in 1795, de la Rochefoucauld places it at thirty thousand, but this appears to be exaggerated. The militia returns sent to the lords of trade by Simcoe in 1794 place the number of men able to bear arms at four thousand seven hundred and six- teen, and Mr. Cartwright says that upon June 24th, 1794, the militia returns amounted to five thousand three hundred and fifty. The population during 1796 may have increased to twenty-five thousand. For the breadth of the land this was a mere sprinkling of humanity over an area that now sup- ports above two millions. 115 CHAPTER VIII THE ALARMS OF \V AR T HE possibility of war with the United States had always been present to Simcoe's mind. He feared that before the Canadas could develop sufficient strength to render assault and capture by a determined foe a difficult and uncertain operation the belt of neutral Indian country would be ab- sorbed, the boundary of the nation and the colony would become a single intangible line, and the forces of the United States would overwhelm the weak garrisons of the widely separated posts. All his desire had been for peace. His avowed policy was to prevent war" by the appearance of force and by its concentration," and he hoped that five years of continuous peace and prosperity would find Upper Canada able to sustain itself against any attack that might be made. Upon l\lay 27th, 1793, he had received the dispatch which announced officially the declaration of war with France. To his mind the political leaders of the United States only awaited a pretext to disclose their real feeling of hostility and to begin an invasion. That he might be in possession of the latest advices from Europe, he had sent his secretary, Talbot, to Philadelphia to confer with Hammond, the British plenipoten- 117 JOHN GRAVES SIl\ICOE tiary, but before his return the news had come direct to his hand. Although it was necessary for him to be vigilant and to take the utmost precau- tions he was also compelled to be extrelnely cau- tious at the moment of his receipt of the dispatch, for he had under his roof three commissioners from the power he distrusted, whose object was to make a treaty of peace with the Indians. It was important that this treaty should be concluded, and that by an acknowledgment of the Ohio as the boundary of the Indian domain, a belt of neutral territory should be imposed between the two coun- tries. The relations of Great Britain with the United States at this time were peculiar, and there is no room for wonder that they were strained almost to the breaking point. Certain articles of the Treaty of Paris had not been carried out in their integrity by the United States. These clauses were precisely those the non-observance of which would cause the most bitter feeling of hostility on the part of the colonists. Clauses V and 'TI dealt, respectively, with the restitution of Loyalist losses and complete cessation of all reprisals by the Americans on those who had taken the king's side in the war. In the event, reprisals were made, and any movement to restore property destroyed during the Revolution was as unsubstantial as the smoke which had swallowed up the Loyalist rooftrees and granaries. The most important effect of the chica- 118 THE INDIAN LANDS nery was to give the British colonies an infusion of the best blood of the republic. The Loyalists came trooping in with enlpty hands but with stern and intrepid hearts. .A. less important result was that Great Britain refused to evacuate certain of the western posts, and over them, well within United States territory as deliminated by the treaty of 1783, the royal flag still flew. In vain had the United States demanded the deli- very of these posts; they were quietly retained as an earnest that a treaty remained unfulfilled. Of itself this position was sufficiently delicate, but it was com- plicated by the war which for some time had been raging between the troops of the United States and the Indians. And in this conflict Great Britain was bound to the Indian cause. In the view of the States she was fomenting the trouble and assisting the savages by her advice and protection. But her policy was far different. She felt compelled to see justice done her Indians, and there was no basis of right or justice in the appropriation by American settlers of lands which had never been surrendered by their aboriginal owners. Despite all the argu- ment and all the force which the Indians could use these spoliations went steadily on until the friend- ship of Great Britain \vith the tribes was shaken. It came to be alleged that, by the treaty, the king had gh g en away these Indian lands to which he had no right or title, and this view ,vas enforced where- ever possible by emissaries of the republic. This 119 JOHN GRAVES SIl\fCOE Indian estrangement had to be conquered, and we shall see in a page or two how Dorchester, aided by Simcoe, overcame it and quieted the fears and suspicions of the tribes. It was necessary, as well for the safety of the Indians as for the protection of Canada, that these Indian lands should be respected. rrhe trend of all the British diplomacy of that day was to endeavour to maintain the territory north of the Ohio and east of the l\fississippi as an Indian domain that would serve as a breakwater before the British frontier against the waves of American ag- gression. Now in the light of events the policy seems as infantine as to endeavour to keep back Atlantic surges by a frail wall of sand heaped up by children at play. But it was honestly and with every peac- able desire kept in the front by the officers of the king's government. Upon the side of the United States the efforts for peace were more persistent and strenuous as the troubled state of the border checked the settle- ment of the rich watershed of the Ohio, and the activity of the Indians filled the pioneers with terror and dismay. Force had been tried, and with lamentable results. The expedition under General St. Clair that was organized with such care and forwarded with every hope of success, had been crushed upon its first encounter with the Indians. Moving incautiously, without those safeguards so necessary in border warfare, the force became in- volved in an ambuscade. Suddenly the woods were 120 JOSEPH BRANT alive with Indians, the pickets were driven in, the soldiers were hurled back and s.wept through the camp, and it was the greed of the Indians alone that enabled any portion of the army to escape. The sight of the stores was too great a temptation for the savages, who preferred plunder to a feast of blood. 'fhis battle was fought on November 4th, 1791. St. Clair lost fifteen hundred men, and all the supplies and impedimenta of his army-artil- lery, baggage, and ammunition. The Indian loss was only twenty-one killed and forty wounded. Another force was placed under General Wayne's command to accomplish the task in which St. Clair had failed so disastrously; and Wayne was a leader of a very different stamp. 'Vhile the pacification by force was still looked upon as possible, the American government had decided to adopt, as well, milder methods. In June of 1792 Brant had visited Philadelphia. Upon the Indian side of the controversy he was held to be the most powerful single force. Although there was a suspicion that he had led the attack upon St. Clair it was ill-founded. Only ten braves of the Six Nations and one chief, Du Quania, participated with the western Indians in the savage glory of that rout. From the late encounter there was no stain upon the great chief of the confederacy, and much was expected from his diplomacy. Accord- ingly he was received with respect by Washington, and was fêted and honoured in the chief cities of 121 JOHN GRAVES SIl\fCOE the republic. A multitude of councillors was also working for peace, chief among whom were the Quakers, who were regarded as friends of all the interested tribes. The news of the French irnbroglio reached Navy Hall during a pause of' preparation. As a fruit of Brant's visit to Philadelphia, the tribes had as- sembled in the autumn of 1792 at the Au Glaize, and it was arranged that the chiefs and warriors should meet the representatives of the United States government during the following spring at Sandusky. It was fixed upon in the council that the Ohio should be demanded as the Indian boun- dary, and during all the subsequent negotiations this remained the position from which the western Indians never retreated. The Six Nations were fully represented by their chiefs, but Brant himself was not present, having been detained, it is alleged, by illness. It is apparent that at this stage of the negotiations he did not wish to appear as the media- tor. He felt that the time had not come when he could stand as the sole bulwark between peace and war, that amid such a number of diverse forces, all tending to one purpose, his influence would be obscured. He, therefore, stood aloof and waited to observe the reception which his chiefs, publishing peace, might be accorded. They were, in fact, treated with expressed scorn in their character of peace- makers with "the voice of the United States folded under their arm." The hostiles triumphed signally, 122 THE INDIAN COl\II\lISSIONERS and the Ohio was to be pressed as the only boun- dary. Brant did not appear until October 28th, when he met the Shawanese and Delawares at the foot of the l\1iami Rapids and was officially in- formed, as it were, of the decision of the great council and 'yarned against "T ashington and his cunning, advice which must have been unpalatable to the great warrior. The winter and early spring passed ,vithout any change in the position of affairs, but both the Indians and the British viewed with distrust the continued activity of General VVayne. On l\Iay 17th two commissioners appointed to meet the In- dians at Sandusky, according to agreement, arrived at Navy Hall: Beverley Randolph, late governor of Virginia, and Colonel Timothy Pickering, the postmaster-general. Á\ few days later CaIne the third commissioner, General Benjamin Ijncoln, who had fought throughout the Revolutionary War with distinction. They remained at Navy Hall, the guests of Governor Simcoe, until early in July. At the outset there was unexpected difficulty in arranging a date for the conference. Brant had gone westward with his chiefs to attend a prelimin- ary council of the tribes, there were vague rumours of dissension and intrigue. At length the patience of the commissioners was exhausted, and on .June 26th they left Niagara, intending to proceed at once to the Detroit River. If the Indians ,vould not come to them, they would approach the In- 123 JOHN GRAVES SIl\ICOE dians. But they had only reached Fort Erie when they met Brant with representatives of all the western tribes. Back they trooped to Niagara, and on Sunday morning, July 7th, they met in Free- masons' Hall in the presence of the governor, the British officers, and the prominent Canadians of the district. Brant, the spokesman of the confederates, was expected by them to ask definitely whether the commissioners were empowered to fix the Ohio as a boundary. Now Brant perceived that a negative answer to this demand would close all hope of a compromise, would, in fact, destroy the very foun- dation on which the peace party hoped to build; therefore he temporized. He elnasculated the question which becanle merely a request to know whether the commissioners were authorized to fix the boundary. The answer was simply affirmative. Brant had gained time, but he had lost every ves- tige of power over the western tribes, who, from that day forward, considered him a traitor to their common interests. After lasting for a few days the preliminary meeting broke up, and the cOIn missioners proceeded to the mouth of the Detroit River and remained at Captain Elliot's, the local Indian superintendent. Simcoe had refused politely to allow them to gain a sight of the defences of Detroit. Here they dallied until the fourteenth of August. The great council was in progress at the Au Glaize and messages were sent and received. But the Indians were now 124 THE POLICY OF BRANT thoroughly alarmed; from the south their runners brought word of "T ayne's activity, and they had no assurance that the ,vaters of the Ohio would flow across the path of future aggression. Brant had \veakened his influence and all the eloquence of the Corn-planter, the great chief of the Senecas, failed to move the warriors who sa\v nothing but falseness and duplicity in these efforts. Abruptly the final message came; all hope for further negotiations was at an end, and the friends of peace departed discomfited by their failure. 'rhus the peace negotiations fell through and the Indian problem was still unsettled. The proceedings had shown how far separate were the parties to the conference, but they bad other effects. They com- pleted Simcoe's distrust of Brant. The governor found only one leading principle in Brant's conduct: "the wish to involve the British empire in a quarrel with the United States." He held him responsible for the collapse of the negotiations and reported that" he [Brant] knew the Potta- wattamies of St. Joseph had determined to obtain peace at any rate, and that he thought by siding with them in not absolutely insisting on the Ohio for the boundary might be the means of reconcil- ing them to the general interest." On September 20th, 1793, he wrote to Dundas enclosing a letter from Brant, "by which," he says, "it will appear that he is labouring to effect a pacification upon such terms and principles as he shall think 125 JOHN GRAVES SIl\ICOE proper, and which will eyentually make him that mediator which the United States have declined to request from His l\Iajesty's government. In this arduous task 1 cannot believe that he will succeed, as the western Indians consider him as a traitor to their interests and totally in the service of the United States. I am by no means of such an opinion. I believe that he considers the Indian interests as his first object, that as a secondary, though very inferior one, he prefers the British in a certain degree to the people of the States. I consider the use he has made or may make of his power to be an object of just alarm, and that it is necessary, by degrees and on just principles, that it should be diminished. FrOIn circumstances, the almost guidance of the superintendent's office, as far as the Six Nations have been concerned, has very imprudently centred in the hands of this chieftain. He has made an artful use of such means of power, and appears in himself to be the dispenser of His l\Iajesty's bounty." The governor closes this arraignment of the great l\fohawk by another appeal for a re- organization of the Indian department, for the abolition of the office of superintendent-general, and for tl}e control by the executive council of the Indian interests with Colonel l\lcKee, the western superintendent, as a member of the council. In truth, the state of the Indian department and its government was a source of constant and just 126 THE INDIAN DEPARTl\1ENT vexation to Simcoe. The Indian policy was the only field in all his government in which there was any room for diplomacy, and from that field he was officially excluded. The superintendent-general, Sir John Johnson, had been absent for long periods, during which each superintendent administered his office according to instructions that gave no direc- tions for emergencies. Their orders came direct from the s.uperintendent-general or the commander- in-chief at Quebec; the governor was ignorant of them and was not consulted as to the Indian policy. Owing to the influence of Sir John Johnson no change had been made in the administration of the department, although from the first Simcoe had pointed out the advisability of placing the control of the Indians in his province in the hands of the lieutenant-governor. Simcoe's constant representations as to the un- popularity and dishonesty of the officials of this important department met with no favourable response from Dorchester. His friend, Sir John Johnson, was at the head of that service, and should so remain, subject only to the governor of the province in which it was necessary for him to reside; and it had never come to pass that Upper Canada needed his special attention and residence. Simcoe's final charge threw all responsibility upon other shoulders. He wrote to Dorchester: " I there- fore, if it [the Indian department] shall continue on its present independent footing, declare that I con- 127 JOHN GRAVES SIl\lCOE sider the present power and authority of my station . . . to be materially and unnecessarily weakened, but more especially, should it be permitted to re- main in this insecure situation, I beg not to be understood as responsible for the continuance of peace with the Indian nations, and, as far as their interests are implicated and interwoven, with the subjects of the United States." This vigorous pro- test called forth a frigid reply from the com1nander- in-chief, and no changes were inaugurated. While Simcoe could neither give orders to, nor control, the officers of this department, he yet managed to keep a firm hand upon Indian affairs. To state the fact that he was loved and respected by the Indians is equivalent to the state- ment that by nature and policy he was fitted to deal with them. He was affectionately called in the Iroquois tongue Deyotenholcarawen-" an open door." He was an ideal representative of that firm, true and uniform policy that has made the Cana- dian Indian believe the British sovereign his great parent and himself a child under beneficent protection. In thus censuring Brant, Simcoe was taking too absolute a view of the circumstances, as was his wont. The Six Nations, allies and comrades-in- arms of the British, had already suffered much for the cause. Brant had thrown all his personal courage and cunning on the royal side of the bal- ance, and was a terror to the king's enemies on the 128 THE DEFENCE OF THE FRONTIER field or before the council fire. But circumstances had arrived, in 1792, at a point where mere courage was of non-effect and where the magnitude of the interest at stake paralyzed his diplomacy. He de- sired to save their lands for his people, but his am- bition led him to hope for a personal triumph as well as a tribal, confederate victory. Thus misled, he appeared shifty to those from whom he gained his chief power, and in consequence it crumbled away. That his allegiance to Great Britain may for the moment have become attainted is not impos- sible. His mind ,vas sufficiently natural to dislike a policy which wore all the semblance of friendship without the warm and active support which com- panioned that friendship in the old war time. His experience taught him that there would be only one outcome of a war between his people and the United States, and it may have been that by his vacillation, as Simcoe suspected, he wished to gain the open and active assistance of the great power which had always supported him. While these events were occurring the governor was using every effort to place his frontier in a state of defence. Fort Niagara was strengthened, and York, in the autumn of 1793, was given at least an appearance of fortification by mounting some condemned cannon from Carleton Island. Simcoe had removed to York immediately after the departure of the American commissioners, and ar- rived in the harbour on July 30th. Here he spent 129 JOHN GRAVES SIl\lCOE the summer and the ensuing winter. His corre- spondence with Sir Alured Clarke upon the mili- tary affairs of the province had been harmonious, even cordial. But on September 23rd Lord Dor- chester relieved Clarke and took up the reins of government, and from that time forward the rela- tions between the commander-in-chief and the lieutenant-governor were strained. Upon Silllcoe's part there was evidently a strong personal feeling against Dorchester. He could not forget his censure of the Queen's Rangers or his patronage of Sir John Johnson for the governorship of Upper Canada. There are a few words in Simcoe's correspondence with Dundas that lead one to believe that he hoped Dorchester would not assume his govern1nent and that he might himself take command at Quebec. To increase this feeling of hostility there soon arose a divergence of opinion which rendered the rela- tions of the two officers unsatisfactory to each. Dorchester, seeing the defence of Canada with a broad sweep, could not approve of Simcoe's sugges- tions for the protection of the upper province. He disapproved particularly of fortifying York. Simcoe had stated to Clarke that he found it impossible, and, indeed, unnecessary to separate his civil and his military duties, and upon this line he carried on his correspondence with Dorchester. His temper in the circumstances that followed cannot be conl- mended. He was hasty and petulant, his words to Dundas were frequently ill-considered and violent. 130 CONFLIc'r \i\TITH DORCHESTER Dorchester's views as to the military force necessary for his province are called "immoral." He wrote on December 15th, 1793, to Dundas: " Nothing but the pure principle of doing my utnlost for the king's service ,vould for a lnoment lnake me ,vish to renlain in a situation where I consider myself liable to become the instrulnent of the n10st flagi- tious breach of national honour and public faith without any military necessity." Dorchester, on the contrary, contained himself and was considerate of his insubordinate officer. The friction is of no pub- lic moment, for it resulted in nothing more impor- tant than the quarrel itself. Dorchester was officially correct in controlling the military operations in Upper Canada; and, when he was commanded to act in affairs of im- portance, Simcoe pushed on with his wonted vigour and dispatch. Very near the close of their relations Dorchester stated to Silncoe that be- tween them there seemed to be some unfortunate mistake which required to be cleared up. "I do not understand," he wrote, "how the officer commanding the troops in this country, whether he approves or disapproves of provincial projects, can interfere with the lieutenant-governor in the exercise of the means intrusted to him by the king's ministers for carrying on the great public measures of his province; and I must suppose, till further explained, that the commander-in -chief is as little under the control of the lieutenant-governor." 131 JOHN GRAVES SIl\ICOE I have said that the friction or quarrel of these two officers, each laden with great responsibility, each endeavouring to carry out his duty amid pecu- liar difficulties, was of no public moment. But it had intimate and private results. The home govern- ment endeavoured to conciliate the opposition, and traced with tact the boundaries of the two guber- natorial spheres, and pointed out how, with mutual consideration, no clash need occur. But the personal wounds remained un salved to the last. Simcoe, upon the eve of his departure, was bitter in his in- vective; and Dorchester, provoked by the captious opposition of the chief-justices in his own capital, and the insolence of the commander of the forces in the upper province, would fain have recommended the recall of each. " I think," he wrote, "this would not only prevent ally disorder for the present, but teach gentlemen in these distant provinces to beware how they sport with the authority of the king, their master, and the tranquillity of his subjects." But, while upon many points' Dorchester and Simcoe differed, there was one opinion which they shared-that war with the United States was in- evitable. The autumn and winter of l793 heard the clamour and din of the American fire-eaters and filibusters rise to such a height that the voices of the prudent and moderate were lost, overwhelmed in the tumult. It was urged that with a French alliance the time would be ripe to sweep the power of Great Britain from the continent. Added to this 132 THE TENSION INCREASES agitation there was the menace of 'Vayne's force ready to strike at Detroit when a favourable oppor- tunity should arise. Dorchester, in November, 1793, gives to Hammond the information that this army consisted of three thousand regulars, two thousand militia, and two hundred Indians. It was his first duty to defend the posts, and Detroit was in no state to stand before such an army. During the early weeks of 1794 the tension increased, and Dorchester wrote to Hammond on February 17th that "Wayne's language implies hostile designs re- quiring other measures than complaints or repair- ing a fort of pickets." He believed "a frank state- ment best, so that it may be understood that trust in forbearance and the desire of peace may be car- ried too far." A few day earlier, on February 10th, he had made a speech to a deputation of the Seven Nations which had the effect of a frank statement, and was taken by the United States as such. He told the Indians "that from the manner in which the people of the States push on and act and talk, I shall not be surprised if we were at war with them in the course of the present year." The speech, in- tended only for Indian ears, reached the United States, . was printed in the newspapers, and the secretary of state wrote to Hammond that the words were " hostility itself." Although the letter to Hammond just cited does not contain a hint that Dorchester had decided to take any active measures, upon the same day he 133 JOHN GRAVES SIl\ICOE advised Simcoe that as he heard "r ayne proposed to close the British up at Detroit he should occupy nearly the same posts as were demolished after the peace on the l\1iami; he should arm ships upon the lakes, and prepare to resist Wayne should he at- tempt to take possession of the country. For some time the governor had sought guidance from his superior officer as to what his course of action should be if the Americans appeared with an armed naval force upon the lakes. He had been referred in answer to the British plenipotentiary at Philadelphia, and, accordingly, in alarm at the im- possibility of obtaining definite instructions in a matter of such moment, he had dispatched Major Littlehales to the American capital to learn from Hammond the "mind of His l\Iajesty's ministers." 'Vhile his envoy was still at Philadelphia, Dor- chester's dispatch was received. Simcoe interpreted . it as the declaration of a' war policy, and on l\Iarch 14th he dispatched to the commander-in-chief his plan of aggression, as it 'was his belief that Upper Canada could not be defended from its own soil. Immediately afterwards he left York. He arrived at the l\lohawk village on the Grand River on l\Iarch 26th, and taking canoes there he reached the rapids of the l\liami on April 10th. An episode now occurred that is worthy of re- cord, n10re from its strangeness than from any remote bearing upon the subject. Upon April 8th a letter had been received by Simcoe from Baron 134 A LETTER FROl\I CARONDELET Carondelet, the Spanish governor-general of Louis- iana, dated January 2nd, 1794, asking him for aid against an expedition that he believed ,vas designed against Louisiana. His information was explicit; the attack was to be made by way of the upper and lower l\lississippi; France had intrigued with American Jacobins, the force was known, as well as the fund to supply the insurgents. He asked Simcoe to send five hundred men by way of St. Louis to defeat the designs of the common enemy, as he believed that it was in the interest of Britain that Illinois should remain in possession of Spain. Simcoe agreed to the general statement that such a secured possession was in Great Britain's interests, but that he could not afford assistance to St. Louis even if authorized so to do. He averred that he would be happy were the alliance between the two Cro,vns strengthened as, in coöperation, their forces would be of consequence should the United States force a war. The letter closed with those courteous messages that Simcoe, gifted in the expression of sentiment, would feel constrained to deliver to a Spanish governor. It was many months afterwards, in the winter of 1794-5, that Simcoe received an an- swer to his letter; the expected invasion of Spanish territory had not occurred, and Carondelet wasted his words in pointing out how combinations of the Indian forces might be made, and in what manner communications could be maintained. Simcoe, up- on reading this epistle, may have smiled at the 135 JOHN GRAVES SIl\ICOE recollection of the request for aid from one who was the leader of what he considered a forlorn hope, at the request of Carondelet coming to him in the wilderness while he was gathering his puny force and felling trees to make a breastwork against his immediate foe. At the rapids of the l\liami Simcoe erected as effectual a stronghold as possible, and garrisoned it with one hundred and twenty rank and file of the 24th Regiment, commanded by l\lajor Campbell, and one non-commissioned officer and ten privates of the Royal Artillery. He reports to Dorchester that he also "directed a log house, defensible against necessity, to be built at Turtle Island and another at the River aux Raisins, and mertons of logs in the hog-pen manner to be provided at these posts which, being filled as occasion shall require, will give the adequate means of speedily erecting bat- teries, and in the meantime these houses will be- come immediate deposits absolutely necessary to the security of the navigation." Having thus created an outpost to the defenoe of Detroit, Simcoe hur- ried back to Niagara to further strengthen the fort, to make a better disposition of the troops under his command, to call out the militia, and to com- plete the naval force upon Lake Erie. He arrived at Navy Hall on April 27th. The next three months were spent in these preparations, and in this inter- val the legislature met on June 2nd and prorogued on July 7th. Early in August the governor dis- 136 GENERAL 'V AYNE'S ADVANCE patched Lieutenant Sheaffe to the Sodus to pro- test, in the name of the British government, against the settlement of Americans on that bay, which indents the shore of Lake Ontario in 'Vayne county, in the state of New York. This visit was made in no hostile spirit, and the lieutenant was accompanied by but one officer and seven unarmed soldiers as oarsmen. On August 18th all that Simcoe could do for the defence of Canada had been done, the militia of Niagara and Detroit had been drafted, and he was ready to leave for the latter post with all his avail- able force, one hundred men of the 5th Regiment and forty of the Queen's Rangers. With his small army he feared that 'Vayne could not be success- fully opposed. But since Dorchester's speech to the Indians and the establishment of the post at the Iiami, Brant had acted with firmness and vigour, and Simcoe expected his assistance and that of every warrior of the Six Nations. The establishment of a fort by the British fifty miles south of Detroit and within territory for- mally ceded by treaty, caused violent comment in the United States. An acrimonious correspondence was carried on between Jefferson and Hammond, and the newspapers fanned the excitement. But while this episode was in progress far from the scene of activity, and ,vhile Simcoe was disposing his forces and rallying his Indians, 'Vayne was cautiously advancing. No opportunity was given 137 JOHN GRAVES SIl\ICOE for such an ambuscade as broke St. Clair and de.. stroyed his army. His object was solely to crush the Indians, obeying the order of his government. On June 30th he met his foe under the stockade of Fort Recovery, which had been erected upon the ground where Butler fell and St. Clair 'was de- feated. The Indians cut off and drove away a train of pack animals laden with provisions and killed fifty men of the escort. For t,vo days a desultory, but at intervals a fierce fight ,vas maintained. Wayne was not to be surprised or drawn fronl his defences, and his men, from the loopholes of :Fort Recovery, inflicted heavy loss upon the Indians. Discouraged from the continuance of a contest in which they were at a disadvantage, the Indians carried off their dead and \vounded and left the field where they had less than t\VO years before crushed St. Clair. But in 'iV ayne they had an ad- versary of a different stamp. In the wilderness he made no step of which he was not perfectly sure, and when he received reinforcements at Fort Re- covery he advanced as rapidly as the nature of the country would permit. His objective point 'was the junction of the Au Glaize and the l\liami, upon the fertile banks of which lay the Indian villages. "rhen he ar- rived he met with no resistance. The Indians were taken unawares, and as they retreated to,vards the rapids, where l\Iajor Campbell and his little force held the walls of the new British fort, they 138 WAYNE AND CAl\IPBELI-4 sa\v above the trees the dense smoke from their huts and cornfields drift away in the wind. Here they took up a position; their left secured by the strong rocky bank of the rive'r, their centre and right involved in a thicket of wood rendered im- passable by fallen trees mingled with underbrush, the track of a tornado. The Americans numbered about four thousand, the Indians but one thousand three hundred. With this superior force \Vayne ad- vanced, and on August 20th he struck at the posi- tion. His dispositions were well planned, the charge was impetuous and intrepid; in a single hour the Indians were rolled back upon the British post, with few losses but thoroughly broken and de- feated. The day after the battle l\Iajor Campbell addressed a letter to lVayne in which he requested to be informed in what light he was to view Wayne's near approaches to his garrison. The in- terchange of letters which folIo-wed exposed the differing views of the comlnanders, but had no other result. Wayne demanded that Campbell retire; Campbell retorted that he \vould not abandon his post at the summons of any po\ver whatever. 'Vayne's cavalry ranged about within reach of Campbell's guns, over which hung the port-fire, but they withdrew and the match did not de- scend. Wayne had positive orders not to attack any British garrison, and after burning everything of value which he could discover, including the house and barns of Colonel l\lcKee, the Indian 139 JOHN GRAVES SIl\fCOE superintendent, he retired to the Au Glaize on August 28th. l\lajor Campbell's conduct was highly approved by Simcoe. In a difficult position he had main- tained a bold and determined front. His fort was an impromptu affair, half completed, and with but a semblance of strength; his garrison was weak and his guns few; but he did not flinch at 'Vayne's challenge, and would no doubt have fought him to the death. He received nothing more than the thanks of the home government, that coldly agreed with Silllcoe's warm words: "The conduct of this gentleman which, in substance, may have prevented the greatest miseries to the province . . . has most nobly supported the national character." The governor sent one hundred guineas to l\Iajor Camp- bell for distribution as rewards, and if his view could have prevailed, advancement and honour would have followed for the commander of the post. No gun had been fired but many had lost their lives by fever. At the end of August six had died and one hundred and twenty of the garrison were upon the sick list. . Thus the decisive action was fought while Brant was still at his village on the Grand River. If he had at heart the successful prosecution of the war, his inactivity at this critical time is inex- plicable. He knew that \Vayne was steadily ad- vancing, yet he withheld his hand; he answered Simcoe that he was ready to move with his best 140 A TREATY OF PEACE fighters, yet he remained at home. He \\-Tote to l\IcKee on January 14th, 1795, that he should have been present at the affair 'with Wayne had the nations, "agreeable to our ancient customs, informed me of his approaches." '''Then he and Sim- coe on September 27th arrived at l\Iiami's Bay all reason for their presence had vanished. The Indians were discouraged and disunited, and \ V ayne had moved southward victorious. In the spring and summer of 1794, while these men of action were rnanæuvring for an advantage in the far west, each party alive for a pretext to strike at the other, the diplomats of Philadelphia and Downing Street were quietly settling the diffi- culty in their own fashion. Jay landed at Fal- tnouth on June 8th upon a pacific mission, and while Simcoe thought that war had been de- clared and was straining every nerve to place his province upon the defensive, Dundas was writing him from London that peace was secured and that nothing should be done to irritate the United States or provoke hostilities. These dis- patches ,vere received many days after all fear of a clash had past. If "r ashington's determination to maintain peace had been less firm, if his directions to 'Vayne had left any loophole for that impulsive officer to resent hostility, the nations might again have been involved in war. The motive may not have been higher than that which prompted the communication of the war office to the unfortunate 141 JOHN GRAVES SIl\fCOE St. Clair, but it was sufficient: ""r e must by all Ine UlS avoid involving the United States ,vith Great Britain until events arise of the quality and magni- tude as to ilnpress the people of the United States and the world at large of the rank injustice and un- fairness of their procedure. But a war with that power in the present state of affairs would retard our power, growth and happiness beyond almost the power of calculation." The restraint put upon "\Vayne was in part actuated by self-interest, and the opposition that he met so far from Detroit prevented him froln pitching his tents under the walls of that fort. The treaty that was concluded between Great Britain and the United States, which is usually called Jay's Treaty, settled the pending difficulties between the two countries, and in the summer of 1796 the posts were delivered to the United States. The American flag ,vas hoisted over Fort Niagara on August 11th. About the same time the reliev- ing party, assisted by the British with supplies of pork and flour, arrived at l\iichilimackinac, and the dominion of the ,vest passed peaceably to the United States. Dorchester, misled by alarn1Íng signs, had nearly brought disaster upon the country. For his in- flammatory speech to the Indians and his directions to Simcoe to establish the post on the l\1iami, he was reproved by the government. His spirited de- fence of his action ends with his resignation. But 142 A DEFENSI\TE LETTER with these facts the present writing has but little concern. It is ,vith Simcoe's position ,ve must deal. He had been the chief actor in the scene and he apprehended that his would be the chief blame. In this he was wrong, but the fear drew from him a characteristic letter to the Duke of Portland. It follows with but slight abridgment as it sums up with vigour and almost vehemence the situation from his standpoint. It exhibits many of the essen- tial points of his character, his intense spirit of partizanship, his impatience of restraint, his deep integrity, his devotion to duty which was in his mind inseparable frolll his religion, and from all that he held sacred in life. "KrXGSTO , December 2otll, 179.4. " 1\1 y LORD DUKE,-As the manner in which the disputes relative to the barrier forts of this pro- vince shall be ternlinated must probably become the subject of discussion, I feel it indispensably necessary to state to your grace the orders of the commander-in-chief, Lord Dorchester, under ,vhich I acted and the principles which in the event of war would have guided my discretion. . . . It is necessary that I should premise to your grace what transpired on my arrival in this province. I found it to be the common language of all classes of people, military as well as civil, the well-informed as well as the ignorant, that any attempt of the United States to launch a single boat upon the lakes was to be repelled as hostility; it, therefore, 143 JOHN GRAVES SIl\ICOE became incumbent upon me to obtain as soon as possible positive instructions upon so important a subject. The manner in which his I.Jordship had pre- viously declined to give such instructions and his observations to me on January 27th that 'l\Ir. Hammond was best qualified to speak the language that will be approved by His l\fajesty's ministers,' when contrasted with the orders of February 19th following, to occupy the post at the Miami; and his Lordship's answer to the speech of the Seven Nations of Canada as deputies from part of the Indian na- tions, which speech was totally unknown to me: these circumstances, added to the total silence of His l\'Iajesty's ministers in respect to the applica- tion made by me to l\lajor-General Clarke, I and communicated by hilll in his letter to l\fr. Dundas of February 2nd, 1793, left no justifiabl doubt up- on my mind but that war with the United States was inevitable, and that his Lordship's recent measures had originated under the instructions of His l\lajesty's confidential servants; I immediately, therefore, decided personally to proceed through the woods to Detroit, and to carry into execution his Lordship's directions upon the principles, which are eXplained by the letter, which I beg to transmit a copy of to your grace. Previously to the receipt of the commander-in-chief's orders, the same informa- tion from Lieutenant-Colonel England, to which his Lordship alludes in his instructions, having passed through my hands, I had sent l\'Iajor of Bri- 144 THE LETTER TO PORTLAND gade Littlehales to l\Ir. Hammond to request that if 'he thought it was seasonable, he would interfere with the government of the. United States to pre- vent any ill consequences that might follow l\lr. Wayne's menaces and approach.' In particular I stated to l\fr. Hammond: 'That I considered the settlement at the River aux Raisins as the boun- dary of the territory occupied by His l\Iajesty's subjects, dependent on Detroit.' It, therefore, will not escape your grace that had l\Ir. Hammond acted upon my communication and had entered in- to an amicable discussion with the government of the United States, nearly at the same period that a post at the l\Iiami Rapids, thirty miles in advance of the River aux Raisins, should have been occupied by His l\Iajesty's troops, the conduct of the British government would have appeared in the most un- favourable light, and, personally, I should have been liable to the charge of extreme duplicity. . . . Your grace will be pleased to observe that Lord Dorchester, by his speaking of my 'local know- ledge' of the country where it lllust have been known to his Lordship I never could have been, in person, seems to intimate the propriety of my go- ing thither; upon this expression, I determined to waive the peculiar circumstances of my situation, and, as I conceived, the general impropriety of His l\Iajesty's representative in this province passing its boundaries without the most urgent occasion. I more readily embraced this resolution, as I had not 145 JOHN GRAVES SIl\fCOE an officer of experience, and in my confidence as deputy quartermaster-general, 'whose general super- intendence, not confinirig him to local duties. might with propriety have been employed in a matter of such importance. Had I possessed such an officer, most certainly I should not have felt myself under the necessity ofpro.ceeding to the l\fiami's; nor in any case 'w'Quld I personally have done it, without fur- ther explanations with the commander-in-chief, had I not conceived a war to have been inevitable, that an opposition to .l\lr. Wayne's approaches had been determined upon by His l\lajesty's ministers, and that not a 11l017lCnt was to be neglected. I stated, therefore, to his Lordship, after a general sketch of such military defence as then appeared proper, that I should procure better information at Detroit, , and, if it can be done with propriety, by personal . .., InvestIgatIon. "Fortunately for me, Lord Dorchester's speech to the Seven Nations having been made publick before Brigade-l\Iajor l..littlehales reached l\Ir. Ham- mond, all communication between that gentleman and the government of the United States on the sub- ject of my dispatch was prevented and superseded. " On my arrival at Detroit, I found it necessary for the king's service that I should in person pro- ceed to the l\liami's; and subsequent events have in all respects justified the military principles I stated to Lord Dorchester in respect to the occupa- tion of that post. Your grace will have the good- 146 THE LETTER TO PORTLAND ness to observe, upon the question of the com- lnander-in-chief, ',vhether by collecting all the force in your po,ver to asselnble, you ,vould be in a condition to resist ".,.. ayne's attack should he at- tempt by force to take possession of the country?' that I answer, 'I think no force in this country could resist Wayne's direct attach..' Your grace .will also observe that thè commander-in-chief had ex- pressed himself: 'It D1ay not be aD1iss to consider what reinforcements you may draw from other posts ,vithin your command without exposing any to insult.' I need not call to your grace's attention the vague and indeterminate idea annexed to in- sult in a lnilitary acceptation of the term. Lord Dorchester has never yet by name lnentioned to lne the Indian nations as part of the force or po,vers. II e knows the garrison of Oswego to be untenable, and that I consider Niagara alone to have been so extensiye as to require all the force in this country to garrison it; that my opinions were that there were neither competent magazines nor military stores in the province. I also know that American militia are not fitted for garrison duty, and will not perform it; and that .what I stated to the king's ministers before I left England I affirm to be true, 'that Upper Canada is not to be defended remaining within it,' that is, on a defen- sive plan. I-Iowever, I beg respectfully to remark to your grace, after having stated these difficul- ties, that I did not shrink from the ncounter, and, 147 JOHN GRA ,rES SIl\ICOE therefore, I translnitted to his Lordship a series of operations that might possibly counteract 'Vayne's approach and possibly ruin his army. The details upon which the execution of these operations de- pended, though they could not at that moment be brought to bear, were instantly put into a train, and if war had been declared and it had then been advisable, I could have attempted its execution in June following. I transmitted this plan to Lord Dorchester to show that I was in person ready to undertake any enterprise, however hazardous, that might, in my judgment, conduce to the public ser- vice, and I beg here most respectfully to state to your grace, and I hope without impropriety, as this letter is meant for personal protection, that having embraced the military profession on principle, and having cultivated it on the most extensive theory and no uncommon practice, I have always been ready to apply my attainments to the king's ser- vice, measuring the value of command by its public utility and not by its extent, and being equally prepared for the slnallest detachment or the largest army, leaving to the timid or the superficial to distin- guish between the partizan and the general. I have now shown to your grace the precipice on which I stood, namely, my belief that it 'was the intention of His l\Iajesty to commence a war with the United States, and that on a defensive plan Upper Canada must fall inevitably. I have stated the opinions I had thrown out to Lord Dorchester and the mo- 148 THE LETTER TO PORTLAND tives which led to them. l\Ir. 'Vayne approached the l\Iiami's, at the same time the Pennsylvanians garrisoned Le Bæuf on the way to Presqu'isle. They were prevented by the SiJf.: Nations (and Pre- sident "r ashington's consequent interference), from proceeding and occupying that important station. The occupation of Le Bæuf with one hundred men appeared to me a false step of the United States, and I prepared to take due advantage of it. At the time of l\Ir. 'Vayne's approach and summons of Iajor Campbell, I was collecting artillery, boats, and troops at Fort Erie, and had sent off such a de- tachment as I had means of transporting to secure Turtle Island. Had l\Ir. "r ayne besieged the l\Iiami Fort I had good hopes of relieving it, having well considered on the spot every arrange- ment necessary to effect that purpose; had he been repulsed in an attempt to have assaulted the fort, the Indians would have regained their spirits, and, supported by the Canadian mi]itia, who, it is pro- bable, in numbers would then have joined the sav- ages, and by two hundred at least of the king's troops, led by l\Iajor Campbell, I doubt not but they would have destroyed General lVayne's army, or at least disabled it for further operations. That officer seems to have been unprepared for meeting with so compact a fortress, and perhaps he 'vas in- timidated by the very permission to reconnoitre the post on all sides. His horse appearing after all fur- ther approach had been forbidden by l\iajor Camp- 149 JOHN GRAVES SIl\ICOE bell, he directed a cannon to be pointed; the match was lighted and if the party had not been with- dra,vn, it would have been fired upon. So near was the war being commenced! "Your grace will be pleased to advert to my situ- ation if l\'Ir. T ayne's ferocity had tempted him to have attempted an assault, and those consequences had followed that I have stated and which I firmly believed would have been the case. " I should have known of the event of these hos- tilities before their commission could have possibly been communicated to the government of the United States. I should, I had, decided; I was prepared and would have instantly surrounded Le Bæuf, and cut off Fort Franklin (not tenable). Le Bæuf, weakly garrisoned and scarcely fortified, could not have held out an hour against my can- non; destroyed, there would not haye been an In- dian of the Six Nations but ,vho would have taken up arms. l\Iy immediate operation would have been by small parties of 'lclzite men, as the mildest mode of ,varfare, to have burnt every mill in the forks of the Susquehanna do\yn to Northumberland or Sun- bery, and on the Delaware to l\Iinesink, which '\vould have driven in those settlements; and from every circulllstance I have no reason to doubt but that in three weeks the whole of the Genesees, al- most without resistance, would have been aban- doned, the inhabitants taking efuge in the king's or the dominions of the States, and that by a post 150 THE LETTER TO PORTI.lAND on the Three Rivers Point, Sodus Harbour, and Oswego, I should have effectually for the season protected Upper Canada. I am persuaded there is not an Indian in North America but would have flown to arrllS, and by a right use of their terror rather than their action, I have reason to believe that 'T ermont, and it is possible that Kentucky would have declared themselves neutral. "The British militia to a man, on the first ap- pearance of hostilities, had avowed the most deter- mined loyalty. They are as well calculated for of- fensive war as they would be impotent in garrisons. There are few families among them but what can relate some barbarous murder or atrocious requisi- tions which their relations have undergone from the rulers of the United States, however those trans- actions may have been concealed and glossed over in Europe. It is probable that, once called into action and movement, and successful, they would have been a most formidable assistance. Offensive operations, therefore, would have been impressed upon me by every consideration. I beg respectfully to call your grace's attention to what must have been my situation, if, under such circumstances, at any moment of these operations, I had received l\lr. Dundas's letter No.6, and that of your grace dated July 16th, 1794, the former and its enclosures stating that it was not the intention of His l\Iajes- ty's government to commence hostilities with the United States on the subject of the posts, and the 151 JOHX GRAVES SIl\tICOE latter recalling me in the Inidst of my operations, and of operations of such a nature and extent. But, my Lord Duke, I must beg your permission to state what (though I am not of that opinion) may be thought an extreme case. "It would have been of public service, among such a people as those of the United States, who are governed by newspapers, to have published reasons for my operations, and probably it might have been politic to have limited their extent. In this case it is not impossible the people near Pittsburg, who perhaps have broken out into their late violences in hopes of Great Britain and the United States going to \var, Inight have entered into SOlne compact in which it would have been prudent to have acquiesced; supported as these people could easily be by Upper Canada and the Indians, they would present a 1nost systelnatic and formidable opposition to the United States. I have no doubt that the president, Mr. Washington, in person lnust have marched to crush it. 'fhe first object of my heart would certainly be, \vith adequate force and on a just occasion, to meet this gentleman face to face; of course public duty and private inclination would have Inade me almost surmount impossibilities to have effected such a pur- pose, and on the supposition that Lord Dorchester should not call for the troops of Upper Canada, such an event might have been possible. At that moment the cOlnmunications from your grace and Mr. Dundas must have come through the presi- 152 THE LETTER TO PORTLAND dent, whom I believe to be the most treacherous of mankind, and most hostile to the interests of Great Britain. In what a dreadful situation this circumstance must have placed me imagination can scarcely devise. "I have, my Lord Duke, in an early part of my life, sacrificed much to my sense of obedience and essential subordination; at present, were it neces- sary, these principles must be doubly enforced on my mind. I have long held it as a 1naxim that in proportion as the general mass of mankind are re- laxed in their habits of due subordination, the stricter and more exemplary will be the obedience of every true servant and soldier of his country to His l\fajesty's authority, and to whom Ile shall be pleased to delegate it, but in the situation I have represented, where enterprise must have been hazardous and inactivity desperate, your grace will see it might have been ahnost ilnpossible for me at once to have stopped in my career, to have exem- plified prompt obedience, and, acting most con- scientiously in what I conceived the letter and spirit of my orders, to have preserved myself from calumny and ruin. "The consequences of the orders which I have already executed must, as I conceive, prove most injurious to the king's interests. The giving up the posts at present will have the appearance (and ap- pearance becomes reality in disgrace), as having been extorted by armed America, and acquiesced in 153 JOHN GRAVES SIl\ICOE under the apparently unfortunate termination of the present European campaign. This the Federal party of the States will dilate upon as a proof of the wisdom of l\Ir. Jay's appointment, and the anti- Federalists as resulting from their opposition to British encroachments. "The having brought this dormant question into discussion will, therefore, at the least, appear repre- hensible in the eyes of those who may imagine their interests injured by its termination or whose aims are to impede His l\iajesty's government. These circumstances will rene\v in the minds of Englishmen the memory of the late American war, and above all the loss of honour in which it ter- minated, a loss that is now understood from its consequences and felt universally. " I, therefore, in my very peculiar situation most respectfully repose on the justice of your grace and His l\Iajesty's Ininisters, and hope and trust that should any public or parliamentary question arise upon the subject in which my nmne may be impli- cated, that it will be clearly understood that all my late transactions were in obedience to the orders of the commander-in-chief, Lord Dorchester. " I have the honour to be, n1Y lord, with utmost respect and deference, your grace's most obedient and most humble servant, "J. G. SIMCOE. "His Grace the Duke of Portland, one of His Majesty's principal Secretaries of State." 154 CHAPTER IX THE CHURCHES AND EDUCATION " T HE best security that all just government has for its existence is founded on the morality of the people, and that such morality has no true basis but when based upon religious prin- ciples, it is, therefore, I have ahvays been extremely anxious, from political as well as more worthy mo- tives, that the Church of England shall be essen- tially established in U ppet Canada." Thus wrote Governor Simcoe to Henry Dundas on November 6th, 1792, after he had been for a few weeks at Niagara. The first clause in the loose sentence would pass without challenge, and the second, although vague and indeterminate, has elements of truth, but the deduction falls somewhat flat upon the mind raised to expectanc.y by the fine statement of the premises. It seems far-fetched and unreasonable to argue that because just govern- nlent is founded on morality and morality upon religious principles that, therefore, the Church of- England should be essentially established in Upper Canada. Simcoe could thus 'write, feelingly and with absolute sincerity, and could at the same tÏ1ne entertain vigorous, wise and prudent plans for the government of the province. The fstablishment of 155 JOHN GRAVES SIl\ICOE the church was a scheme apart, founded upon pre- concei ved ideas. But in urging it Simcoe was instant in 3eason and out of season. He wished to assimilate the government as nearly as possible to that of Great Britain, and as an established clergy was a com- ponent part of the one it must of necessity be imported into the other. He held the vIew that "every establishment of church and state that upholds a distinction of ranks, and lessens the undue weight of democratic influence must be indispensably introduced" into such a colony as Upper Canada. When we reflect that the Can- ada Act was largely influenced by Simcoe, we can trace his hand in the clauses which created the Clergy Reserves and made possible hereditary titles in the legislative council. This view, now that we have passed the period of agitation and strife which it occasioned, seems odd and perverse, but Simcoe dre\v from the facts of the American Re- volution the conclusion that too great a freedolll in the matter of forms and institutions had brought about that dire and lamentable result. In his government, church and state were to go hand- in-hand; the people \vere to fear their rulers, the rulers were to be just and considerate to the people. Reviewing the elements of the population: Ger- mans of Lutheran descent, l\loravians, Calvinists, Tunkers, Methodists, the blood of Puritan New 156 THE CHURCH OF ENGLAND England, one wonders how a man of Simcoe's penetration could think his established fold adapt- able to such motley and contentious factions. But, to tell the truth, Simcoe was no statesman, not even a shrewd politician; he was a soldier first, last and always, with a military love of fixed orders and implicit faith in duty as the one law needful. Now it was to be the glory of Upper Canada that free- dOln in its integrity, both political and religious, should there abide, and that bureaucracy, mili- tarism, and the rule of a governor with an eye single for sedition and political heresy should be cast forth. The influence of Simcoe, and those who followed in his path way, postponed only for a little the responsible government and religious freedom that was potential in the disposition and desire of the people. "Then Simcoe reached Niagara in the autumn of 1792, there were three clergymen of the Church of England in Upper Canada. The first to arrive was the Rev. John Stuart. He was born in Harrisburg, Pennsylvania, in 1730. His father was a Presby- terian, but the son decided to join the Church of England, and was ordained in England in 1770. For seven years he was missionary to the l\lohawks at Fort Hunter. During the war he was subjected to injustice and indignity at the hands of the rebels. His house was plundered and his church turned into a stable. In 1780 he lnade up his mind to emigrate to Canada, and he arrived with his family 157 JOHN GRAVES SIl\fCOE at St. Johns, Que., on October 9th, 1781. After a sojourn in l\lontreal, where he conducted a success- ful day school, he moved to Cataraqui, as Kingston was then called, in 1786. Here he established him- self ministering to the Loyalists, refugees like him- self, and to the Mohawks of the Bay of Quinté, to w horn he could preach in their own language. The next to arrive, in August, 1797, was the Rev. John Langhorn, who laboured in Ernestown and Freder- icksburgh. He was paid ;[150 a year by the Society for the Propagation of the Gospel. To Niagara the Rev. Robert Addison had been sent by the society just mentioned. He arrived there in the autumn of 1792, shortly before the governor. Over these scattered pastors it was Simcoe's de- sire to have a bishop appointed. Before he had left England he had urged the importance of the action, and had offered to give up ;[500 of his own salary annually if the consideration of cost was to prevent the creation cf the ne,v see. II is request was at last met, and the first anglican bishop of Canada, the Rev. Jacob l\Iountain, arrived in Quebec on November 1st, 1793. His jurisdiction extended over both provinces, and it was not until the summer of 1794 that he visited Upper Canada, and was wel- comed by the governor at Niagara on August 9th. He found that there was but one Lutheran chapel and one or two Presbyterian churches between Montreal and Kingston. A t the latter place he found a " small but decent church," and in the Bay 158 THE l\1ETHODIST CHURCH of Quinté district there were three or four log huts wherein at various points l\Ir. Langhorn met his parishioners. At Niagara there was no church; the services were held sometimes in the chamber of the legislative council, and other times at Freemasons' Hall, which is described as a house of public enter- tainment. Roving through the country, the zealous bishop found a few itinerant and mendicant l\Iethodists, "a set of ignorant enthusiasts, whose preaching is calculated only to perplex the understanding, to corrupt the morals, to relax the nerves of indus- try, and dissolve the bands of society." The popu- lation he found to be largely composed of dissenters, but he was of the opinion that if a proper number of clergymen were at once sent into the country, these would rapidly give their adherence and thus would the province be saved to the church. The outcome of his earnest representations was that 500 was set apart annually for the building of churches, which was expended during the follow- ing years at Cornwall, York, and Niagara. But the pitiful stipends of the clergy were not nlaterially increased; the home government pointed out that "the act respecting rectories included tithes, so that no additional grant was needed," and trusted that a small salary fron1 government and an allo,v- ance from the Society for the Propagation of the Gospel ,vould be sufficient for the comfortable maintenance of the incumbents. That the incum- 159 JOHN GRAVES SIJ.\;lCOE bents were comfortable is open to doubt, living as they did in a country thinly populated by people as yet struggling for a bare existence, where even the necessaries of life were both scarce and expensive. But upon their foundation of self-denial and zeal was based the great power of the Church of England in Canada. To weld the connection between church and state Bishop l\Iountain was given a seat in the legislative council on l\-lay 29th, 1794, and was ap- pointed an executive councillor on January 25th, 1796. 'Vhile Simcoe was thus looking forward to the establishment of the Church of England in Upper Canada, there were forces at work which in the end rendered his schemes fruitless. There was the deep spring of dissent in the hearts of the people which was by and by to swell into a torrent, not to be dammed or bridged; and there was everywhere, growing more and more powerful, the influence of the ministers and preachers who lived the pioneer life and guided their small flocks in the wilderness. Whenever the governor became officially aware of the presence of these sectaries, and the persons ,vho ministered to them, he treated them with lofty scorn. After his customary fashion he faced their position with petulance and represented their Inotives as base and unworthy, themselves as disloyal and contu- maCIOUS. During the session of 1796 a petition was pre- sented from the eastern district asking for the re- 160 THE l\IARRIAGE ACT peal of the l\:larriage Act. It was signed by all the magistrates in the eastern district and by In any of the inhabitants. If the views therein expressed had been set forth in the most abject manner they would not have received favour with the governor, but instead of a proper humility pervading the document, it was composed in a manner which irritated him. There was something jaunty and in effect flippant in the phrases. It was couched in argumentative terms, and to his Inind there was no basis of argument. It was Inarked with honest yet homely sÏIlliles, out of place when dealing with so grave a matter. But above all it showed republican tendencies. The authorship was in doubt, but it was alleged that it had been indited by one Bethune, a Presbyterian minister, who, while writing such repre,hensible stuff, was actually in receipt of the king's bounty to the extent of f:50 a year. It was also hinted that the document proceeded froln Montreal and dangerous men there ,vho had the ruin of the country at heart. This nlonstrous peti- tion only asked the privilege that now is considered everywhere as the plainest right-that ministers of every denomination should be permitted legally to solemnize marriage. Simcoe, a most stubborn son of the church, stamped upon the request, and it took years of agitation upon one side and gradual broadening of principles upon the other before 1830 saw the repeal of the burdensome Act. In conversa- tion "he thought it proper to say that he looked 161 JOHN GRAVES SIl\lCOE upon the petition as the product of a wicked head and a most disloyal heart"; he considered it an open attack upon the national church, and opined that the next attempt would be upon the sevenths set apart for the established clergy. Indeed, it was not long before the Clergy Reserves began to re- ceive attention from the same quarter. 'Vhile Simcoe was trying thus to hedge the in- fant church from harm, the obscure sectaries ,vere taking root, watered and pruned and nourished by the pioneer exhorters-l\:1ethodists and others, ,vho roved throughout the province and preached every- where, after their own forms and in their own manner, the gospel of Jesus Christ. These zealots, their personality and their methods, are one of the most picturesque features in the country where all men had taken on some quality of native nlg- gedness, po,ver and simplicity from the earth, very near to which they lived and reared their young. Like Orson, ,vho ,vas nourished by bears, the people had been habituated to the wilderness. They re- quired for their religious awakening and the con- tinuance of their spiritual life some power full of elemental force and vital energy. As their needs were so were they filled. The itinerants came and set up their altars wherever a willing human heart could be found, beneath the primeval maples, between the fire- blackened stUl11pS of the new clearing, or under the rude scoop-roof of the first log shanty. They 162 ITINERANT PREACHERS travelled about sometimes on horseback, some- times on foot, roughly garbed, their knapsacks filled ,vith a little dried venison and hard bread, sleeping in the woods, often fighting sleep when the snow lay thick on the ground, keeping at a distance ,a frosty death by hymns and homilies shouted to the glory of God in the keen air. Their stipends were almost naught, their parish coter- minous with the trails of the savages or the slash roads of the settlers, their license to preach con- tained in one inspiring sentence in a little leather- covered book, their churches and rectories wherever under the sky might be found human hearts to reach and native hospitality. They met the oppo- sition which they frequently encountered each in his own way, but no threats of hanging or stripes could push them from their appointed path. Sometimes the force was met by force, and the bully felt the power of the evangelist in the stroke of a fist hard as granite, launched with unerring swiftness; some- times his ribs were crushed in an ursine grasp and he felt himself held high and hurled beyond the circle of the camp-fire; sometimes he was appealed to in a way that won all the manliness in his heart, and caused him to choke with shaIne at a merited disgrace. A s settlements increased their circuits be- came smaller, their people reared churches and the hardness of their lives was softened, but their zeal was unquenchable. Fanatics they undoubtedly were, yet they were cast as salt into the society of that 163 JOHN GRAVES SIl\ICOE day to preserve it on the one hand from ecclesias- tical formalism, and upon the other from the cor- ruption of the lawless and ignorant. . The first Presbyterian minister to reach Upper Canada was the Rev. John Bethune. Like his con- temporary, l\Ir. Stuart, he had suffered for the royal cause in North Carolina, where he was the chap- lain of the loyal militia. During the war he was captured and imprisoned, lost whatever he had gained in the colony, and after peace was declared he left for the country where he could express his attachment for the king's government without fear of insult or vengeance. He arrived in l\Iontreal in 1786, and gathered about him the adherents of his faith. After the short sojourn of a year he left the city for the new settlements on the St. Lawrence, which contained many Scottish Presbyterians. Here he carried on a successful work for many years. He was the only minister not belonging to the Estab- lished Church who received any financial aid from the government. Froln this source he had an annual stipend of f:50, paid him by Governor Simcoe at the instance of Lord Dorchester. He it was who in a sturdy way agitated for the repeal of the l\Iar- riage Act, and he was probably the author of the petition against it which so incensed the governor. His opposition to the Act was, ho,vever, legal, and did not include the overt course adopted by the Rev. Robert Dunn, of Newark, who took upon himself to perform marriages in contravention of 164 l\fISSIONS OF THE CHURCH OF ROME the Act. This brought down upon him the power of the government, and he was duly prosecuted. There is no record of the result, whether he was punished or not, or whether those he married com- plied with the law or braved the world with the insufficient blessing of Robert Dunn. He was the second comer to the Niagara district; he arrived in 1784 from Scotland, and quickly reared a church with the help of all denominations about Niagara, a fact which Simcoe deplored as it delayed the erection of a building for the Church of England. l\1r. Dunn did not long maintain his connection, as he lost faith in the doctrines of the church. He entered business and was lost in the wreck of the Speedy on I ake Ontario. His forerunner had been the Rev. Jabez Collver, who came to the county of Norfolk in 1783, and took up land there, one thou- sand acres, it is said, granted by the government, which appears at least doubtful. He laboured long and zealously in the district, having a stronger faith than his contemporary, l\lr. Dunn. Missionaries of the Church of Rome had visited the Indians and ministered spiritually to them for many years before the conquest. At the time of the division of the province they were labouring at De- troit amongst the western tribes, and the first resi- dent priest in Upper Canada was the Rev. Mr. l\lcDonnell, 'who came to the county of Glengarry, where were settled a number of Scottish adherents to the Roman Catholic faith. The government wel- 165 JOHN GRAVES SIl\ICOE comed l\Ir. l\lcDonnell, and showed him the greatest courtesy upon his arrival. De la Rochefoucauld ob- serves in the governor a preference for the Roman Catholic clergy as instructors for the Indians. The duke ascribes it to the urgency of Simcoe in foster- ing monarchical principles. "The policy of General Simcoe," he says, "inclines him to encourage a religion, the ministers of which are interested in a connection with the authority of thrones, and who, therefore, never lose sight of the principle to pre- serve and propagate arbitrary power." ' Thile Simcoe sought by aU the means in his power to provide for the spiritual needs of his growing nation of pioneers, he also gave great attention to the means of education, which were deficient. In January, 1791, he 'wrote to Sir Joseph Banks, the president of the Royal Society: "In a literary way I should be glad to lay the founda- tion stone of some society that I trust might here- after conduce to the extension of science. Schools have been shamefully neglected-a college of a higher class would be eminently useful, and would give a tone of principle and manners that would be of infinite support to government." The first settlers had for some years been without schools, whatever instruction had been given was by the parents to their children in the intervals of work. The first school in the province was opened by the Rev. Dr. Stuart at Cataraqui in 1786, and in the years between that date and Governor Simcoe's ar- 166 EARLY SCHOOL1\IASTERS rival several other schools were established. There was one at Fredericksburgh, taught by 1\Ir. Johna- than Clarke, in 1786, and two years later he opened one at 1\Iatilda. At Hay Bay 1\Ir. Lyons had gathered a few scholars around him in 1789, and a Baptist deacon, Trayes by name, had also begun to teach at Port Rowan. At N apanee 1\Ir. D. A. At- kins opened his school in 1791, and the Rev. Robert Addison, probably the best equipped teacher in the province settled at Niagara in 1792, and supplied that growing town with educational advantages. Two years later the Rev. l\Ir. Burns, a Presby- terian, opened another school at Niagara, and in 1797 l\lr. Cockrel established a night school at the same place, ,vhich he soon handed over to the Rev. 1\lr. Arthur, and himself removed to Ancaster to open still another school. From the nature of things, there could be no uniformity in the tuition offered at these schools. The masters, when they were not ministers of the Church of England, may have had but an elemen- tary training. The scholars were not numerous, but gave evidence of zeal by tralnping miles through the bush and facing the stress of weather. Winter ,vas the studious season in the province, and many a man who rose to prominence, fought his life battles nobly and ,vent to his fathers, toiled at his tasks by day over the rough wooden desks in the log school-house and at night by the light of the fire that roared in the rubble chimney. Books were 167 JOHN GRAVES SIl\ICOE scarce; those for sale in the general stores of the period were principally spelling books and primers; arithmetics were few and correspondingly precious. A tattered copy or two of Dilworth's spelling book and of the New Testament comprised the equip- ment of many of these schools. The Rev. l\1r. Arthur announced upon opening his night school that" if any number of boys offer, and books can be procured, a Latin class will be commenced immedi- ately. " From Kingston eastward and from Niagara west- ward to the boundaries of the province the people were without schools during the years of Simcoe's governorship. He desired the establishment of a system of education for the same reason as the establishment of the church-that the province might be kept loyal upon religious principles, and that government, both of church and state, might be conformable in all things to the British Constitution. He, therefore, warmly urged the great need for provision for higher education, for the establishment of a university in the capital city of the province. In this capital he imagined a society gathered together that would form a bulwark against the inroads of republicanism and demo- cratic tendencies. There would dwell the governor, the bishop, the judges, the officers of the Houses and of the civil establishment, the officers of the garrison, and thither would come the legislators to be affected by this body of loyal opinion which 168 HIS EDUCATIONAL POLICY they would carry to the four corners of the pro- vince. There would be trained the sons of the best falnilies for the church and the higher offices of the government, and no telnptation would be offered them to wander to the American seats of learning where their morals would become corrupted and their loyalty overthrown. The church recruited from such a vigorous source would be more suc- cessful, he thought, than when manned by English parsons who, "habituated to a greater degree of refinement and culture," could not understand nor influence their parishioners. The definite plan that Simcoe laid before the secretary of state was moderate. He asked for !:l,OOO per annum for the purposes of education. Of this amount .gIOO were to go towards the main- tenance of each of two grammar schools at Kings- ton and Niagara, and the remainder was to be devoted to the university. He wished the pro- fessors, with the exception of the medical professor, to be clergymen of the Church of England. 'The home government did not adopt the plan, and Dundas wrote that he thought "the schools will be sufficient for some time." Simcoe replied that the measures he had proposed were important for the welfare of the country, and would chiefly con- tribute to an intimate union with Great Britain. He then allowed the subject to drop, so far as extraneous aid was concerned, and gave what at- tention he could to the small beginnings of educa- 169 JOHN GRAVES SIl\ICOE tion within the province. But when his arm was strengthened by the appointment of a bishop he again turned his attention to the foundation of a university, but again without result. Almost the last word penned by Simcoe in Upper Canada . refers to this endowment " from which, more than any other source or circumstance whatever, a grate- ful attachment to His l\Iajesty, morality, and re- ligion will be fostered and take root throughout the whole province." One unexpected result of the governor's desire to improve the schools was the coming of a man who filled for many years the public eye of Upper Canada, so strong was his character and so great his influence. Dr. Strachan, the first bishop of Toronto, was not a contemporary of Simcoe's in the province. His advent must have been the out- come of a series of misunderstandings. Dr. Strachan himself believed that the governor, wishing to obtain "a gentleman from Scotland to organize and take charge" of the proposed university, placed the negotations in the hands of l\lr. Cartwright and l\Ir. Hamilton. They "applied to friends in St. Andre,vs, who offered the appointment first to l\1r. Duncan and then to IVlr. Chalmers but both de- clined." l\Ir. Strachan accepted the proposed ap- pointment, and arrived at Kingston, after a tedious voyage, on December 31st, 1799, only to find the expected position a myth. It is a pointed illustra- tion of the extreme slowness of communication in 170 BISHOP STRACHAN those days that, although General Simcoe had been a,vay from Canada for three years, l\Ir. Strachan left St. Andrews in the expectation of still finding him in the country. As this statement is autobiographical, and was, therefore, held as truth by Dr. Strachan himself, it has been printed constantly without comment. In the very nature of things it appears incorrect. There never was a time ,vhen Simcoe felt that the foundation of a university was within sight. In February, 1796, the year of his departure, he wrote to Bishop l\lountain "I have no idea that a uni- versity will be established, though I am daily con- firmed in its necessity." If the time had come to arrange for a principal he would have again urged, as he did in April, 1795, that the officers of the institution should be Englishmen and clergymen of the Church of England. l\fr. Strachan was a Scots- man and a Presbyterian. There was not even a minor vacancy, as the school at Kingston was taught by the Rev. John Stuart. The obscurity cannot be cleared, yet in the event no more propitious choice than this Scottish Presbyterian lad could have been made by Simcoe to further nis darling plans regard- ing the mother church. He developed into the prelate whom the governor would have upheld loyan y in his own sphere. Amongst the items which Simcoe sketched in his early memorandum of August 12th, 1791, as desirable for the furtherance of good government 171 JOHN GRAVES SIl\fCOE in the colony, the tenth was, "a printer, who might also be postmaster." The first printer in Upper Canada was Louis Roy, who set up his press at Niagara some time during the winter of 1792-3. The first copy of his paper, The Upper Canada Gazette or American Oracle, was issued on April 18th, 1793. Some doubt has been expressed as to whe- ther the printed copy of the governor's speeches at the opening and closing of the first session of par- liament is synchronous with the e\rent. Was there a printing press in Niagara at that time 1 The date of the issue of the first copy of the Upper Canada Gazette gives an affirmative reply to this question. In order to print a copy of the paper early in April the heavy press and founts of type must have been transported from l\'Iontreal before the close of navi- gation in the summer or autumn of 1792. No tran- sportation of heavy articles was undertaken in win- ter until years after that date. It may be concluded that the printer and the printing plant arrived some time before the session of 1792, and that the first printed document issued from the press in Upper Canada was the aforesaid copy of Simcoe's speeches. This assertion is supported by the wording of a letter written by Simcoe on July 4th, 1793, in which he says that l\Ir. Roy "has long been em- ployed as king's printer." He would hardly have used these words if the service had covered but three or four months. The proclamations issued by the governor In 172 THE UPPER CANADA GAZETTE July, 1792, when he took up the government, were printed by Fleury l\lesplet, of l\lontreal, who submitted his accounts for the work on Octo- ber 5th, 1793. He was the printer who had been arrested by Haldimand's orders for so,ving strife and discord in the province. He is described as a printer sent by congress, in 1774, to publish and disperse seditious literature. At the time of which I write his press was loyally occupied in multiplying the proclamations of the government. Simcoe, maybe, had his former escapade in mind when he roughly checked his assumption of the dignity of king's printer for Upper Canada. That officer was Louis Roy, who received a salary and free rations with accommodations for himself and his paraphernalia. His service does not appear to have been entirely satisfactory as he had to be cen- sured for delay in printing the statutes of the first parliament. The delay he ascribed to sickness; and on December 5th, 1793, it was stated that the work would then be completed. It is probable that there was a change in the office during the next summer, and l\lr. Roy was replaced by Mr. G. Tiffany. The Upper Canada Gazette was a folio of fif- teen by nine and a half inches. I t was printed upon good stout paper, obtained in part from Al- bany until the governor ascertained the fact, when the printer was reprimanded for using paper from the United States and cautioned not to do so again. The price of a subscription to the paper was three 178 JOHN GRAVES SIl\'ICOE dollars per annum, and advertisements not exceed- ing twelve lines were to be paid for at the rate of four shillings Quebec currency. The governor took an intimate interest in every- thing in the province, and the printer did not escape his notice. He had occasion to censure him for certain libellous articles and schooled him in the character that his paper should assume. He desired him to establish for the Gazette a character that should be founded on truth; he wished him to print all news, and to give the source from which his information was obtained, and added naïvely, print such news" preferably as is favourable to the British government if it appears true." In February, 1796, l\Ir. Tiffany had to be checked in a plan that seemed extravagant to the governor's mind. He wished to publish a monthly magazine 1 But . the printing of the provincial statutes was far in arrears and Simcoe thought it of greater importance that these should be printed and promulgated. He was advised to print in the Gazette articles upon agricultural subjects, and was told that the gentle- men of the government at Niagara would assist him in making proper selections. It was pointed out to him that he had a salary as printer princi- pally for printing the Gazette regularly, and that he should do so. In 1799 the Gazette was removed to York, and l\lr. Tiffany's connection with it ceased; he remained in Niagara and began to publish the Constellation, a paper thû."" had but a short life. 174 LIBRARIES AND BOOKS Simcoe was not able to carry out his project for establishing a public library in the province, and books were rare and correspondingly precious. The Rev. Mr. Addison had a private library that is said to be in part preserved in the rectory of St. l\Iark's, Niagara. The governor would not consent to be separated wholly from books, and likely brought copies of his favourite authors with him. On April 25th, 1793, he made a present of a copy of " Y onge on Agriculture" and other books deal- ing with the subject, together with ten guineas as a premium, to the Agricultural Society of Upper Canada. These books were evidently from his own library. But while the houses of the government may have been supplied with books, the cabins of the settlers were almost destitute of them. Perhaps a well-worn copy of the Bible had escaped many perils to find at last a resting-place in the first shel- ter at Niagara or upon the shores of the Bay of Quinté. This, with the Book of Common Prayer, would often form the library of the Loyalist, some- times augmented by a copy of Elliot's "l\Iedical Pocket Book," Stackhouse's "History of the Bible," or " Ricketson on Health," books that have served their day and found the limbo of printed pages. The first shops retailed only necessaries, and the stock of books was limited to almanacs, spelling books, primers, Bibles and Testaments. 175 CHAPTER X A SILVAN COURT W HEN the Triton sailed a,vay from Wey- mouth in the autumn of 1791, she bore with her the beginnings of the viceregal court for Upper Canada. The British government had been generous in its provision for officers of the new pro- vince. The first estimate for the civil list was as follows :- Lieutenant-governor, !:2,000; chief-justice, !:1,000; attorney-general, !:300; solicitor-general, !:100 ; two judges of the common pleas, each !:500 = !:1,000; clerk of the Crown and pleas, !:100; two sheriffs, each !:100 = !:200; secretary of the province and registrar, !:300; clerk of the council, !: 1 00; surveyor of lands (fees); recei ver-general, !:200; five executive councillors, !:500; naval officer, !:100. Total: !:5,900. The governor's aides-de-camp were l\Iajor I.little- hales and Lieutenant Talbot, who drew their pay as officers of the regular army. Captain Stevenson had accompanied the party as a personal friend of the governor to supervise the household during his absence. l\lajor l..littlehales was a most popular secretary; he conducted the whole of the governor's official correspond nce with great ability. De Ia 177 JOHN GRAVES SIl\fCOE Rochefoucauld speaks of his politeness, prudence, and judgment, and states that he enjoyed universal confidence and respect. He remained with the governor during the whole term of his residence in Canada. Lieutenant Talbot, a more vivid and in- teresting figure to Canadians, left to rejoin his regiment in Ireland on June 21st, 1794, on account of his promotion. But some years later he was to return to Canada to found a permanent settlement, give his name to a locality, and fill the province with traditions. William Osgopde was the first chief-justice; he served until the summer of 1794, when he was ap- pointed chief-justice of Lower Canada. The impor- tant position remained vacant until John Elmsley was appointed on January 1st, 1796. The attorney- general was John White. The clerk of the coun- cil was John Small. The clerk of the Crown and pleas was Edward Bums. The first surveyor was Holland. Russell was receiver-general; he also acted as puisne judge while the office of chief-jus- tice was vacant. William Jarvis was the secretary of the province; he belonged to a I oyalist family of Connecticut, and was born at Stamford in 1756; he was for twenty-five years connected with Upper Canadian affairs, and died at York in 1817. The naval officer was Francis Costa. Charles Goddard was agent for the government. William Dummer Powell was judge of the common pleas. Gradually upon the arrival of these officers at 178 SOCIETY AT NIAGARA Niagara a genial society grew up, of which the governor's wife was the centre. She was gentle, amiable, and attractive. To her pencil and brush we owe the many sketches that show us landscapes, now familiar under a changed condition and aspect, as they were before ciyilization had transformed them. When Simcoe arrived the family consisted of one son, Frank, but ä daughter was born during their sojourn in the country. Frank ,vas the pet of the settlement. He ,vas named by the Indians "Tioga"-the swift-and the governor dressed him in deerskin on state occasions to please the savage allies. He grew up .and adopted his father's pro- fession. It led him to the Peninsular War, and to the town of Badajoz. On the night of April 6th he was engaged with the force that stormed the de- fences, and in the morning his dead body lay under a heap of the slain in one of the dreadful breaches of the ,vall. The social opportunities of the new seat of government were not extensive. The number of private houses in which entertainment could be of- fered was small. The governor's residence, that of Colonel Smith of the 5th Regiment, and l\Ir. Ham- ilton's house at Queenston were the largest in or near Niagara. De la Rochefoucauld thus describes Colonel Smith's residence: "It consists of joiner's work, but is constructed, embellished, and þainted in the best style; the yard, garden and court are surrounded with railings, made and painted as ele- 179 JOHN GRAVES SIl\ICOE gantly as they could be in England. His large garden has the appearance of a French kitchen- garden, kept in good order." But the dependence upon a small circle for the pleasures of society made the assemblies more inti- mate; they were the reunions of a large and in- terdependent family rather than formal gatherings. The wife of any true Loyalist might find her place at the governor's entertainments with a warm \vel- come, and feel at home with the governor's wife. Simcoe did not depend upon his salary of two thousand pounds to maintain fittingly the dignity of his position. He drew largely upon his private fortune to keep the style and manner of his 11lenage to the standard of viceroyalty. The cost of living was excessive, and all the officials of that day complained that they could not live decently upon the salaries paid them by government, which ranged from the l,OOO of the chief-justice to the 100 of the solicitor-general. Simcoe considered it one part of his duty to do all that lay in his power to render as light as pos- sible all the disabilities and hardships that life in the new country presented.. This condescension on the part of the governor was met by graceful ac- knowledgments on the part of the people. Presents of game, furs, and fruits, and occasionally gifts of greater importance, flowed into Navy Hall. At a time \vhen horses were the richest possession in Upper Canada, Richard Duncan, lieutenant of the 180 MANNERS AND CUSTOl\IS county of Dundas, presented l\Irs. Simcoe with a horse called "Jack," that bore her to and fro over the roads and bridle-paths of the peninsula. The very contrasts ever present in the population of early Niagara gave an interest to life that went far to compensate for the sluwness of its movement. It was, in effect at least, a slave-holding community and a garrison town; its little street and square were trod by wild Indians, negroes, British officers, half-breeds, voyageurs, adventurers, spies, and grandes dames. Society was democratic, and in the midst of it was the great aristocrat, Simcoe, en- deavouring to run this fluid society into a mould of his own fashioning. The manners and customs of the English were those of their own country and time transplanted to new ground. Perhaps with the feelings of comradeship and altruism intensified came also a deepening of those other feelings of envy, jealousy, and hatred upon which tragedies are founded. In small communities where the offi- cial and military class predominates, these passions are of quick growth and flourish luxuriantly. Duels were not uncommon. It w'as only a few years after Simcoe's departure that two of his civil officers met on the field at York. John Small, the clerk of the council, challenged the attorney-general, John 'Vhite, to clear his wife's character. They met on January 2nd, 1800, and 'Vhite was carried off the field dangerously wounded. Two days after he died. 181 JOHN GRAVES SIl\:lCOE The scarcity of servants must have made house- keeping a difficult task. De la Rochefoucauld states: "they, who are brought hither from England, either demand lands or emigrate into the United States. All persons belonging to the army employ soldiers in their stead. By the English regulations every officer is allowed one soldier, to whom he pays one shilling a week; and this privilege is ex- tended in proportion as the officers have need of a greater number of people. The governor, who is also colonel of a regiment of Queen's Rangers sta- tioned in the province, is attended in his house and and at dinner merely by privates of this regiment, who also take care of his horses. He has not been able to keep one of the men servants he brought with him from England." Restricted as was this life, it yet had its excite- ments, its interests, and its diversions; the novelty of the situation enhanced the smallest occurrences. The little court was the heart of the country, and through it flowed all the life of the people with its hopes, fears, successes, and failures. Navy Hall, the Canvas House at York, or the quarters at Kingston were more in the life of the province than Government House can ever be again. Not only was the residence of the governor the social centre of the country, it was the seat of power, favour, and honour, and at the same time a home where a welcome existed for any loyal settler who might stray thither from the confines of the province. 182 THE DUKE OF KENT'S VISIT Prince Edward, the Duke of Kent, the father of Queen \Tictoria, ,vas Governor Simcoe's first and most distinguished guest at Navy Hall. He was stationed at Quebec with his regiment, the 7th Fusiliers. He desired to visit Niagara Falls, and it is probable that during Simcoe's lengthy stay at Quebec the journey was arranged. The repairs to Navy Hall could hardly have been completed when the prince arrived. He left Quebec on Saturday, August 12th, 1792. Sir A.lured Clarke wrote to Simcoe on the seventh of that month that the prince would be accompanied by "a larger suite than I wish attended him from an apprehension that it must occasion some embarrassment." Sim- coe began early in August to arrange a fitting re- ception for his royal visitor. A barge was prepared at Kingston, decorated with flags; newly painted, and covered with an awning. 1\11'. Peter Clark was detailed to command the craft and meet the prince at Oswegatchie, as far below Kingston as the rapids would permit. From this point he was ro,ved to Kingston, ,vhere he embarked on the armed schoo- ner Onondaga and sailed for Niagara. Here he ar- rived on August 21st, welcolned by a royal salute from the guns of Fort Niagara. On the twenty- third, at half-past six in the morning, he reviewed the 5th Regiment. He was evidently pleased with the corps, for he expressed the desire to have some of the men drafted into his own regiment, the 7th Fusiliers. A parade of all the men above five feet 183 JOHN GRAVES SIMCOE nine inches ,vas ordered, they were cautioned to be "perfectly clean," and were informed that" no one was expected to join but by his own choice and acq uiescence." On the same day the prince pro- ceeded on his way to the falls. At that time there was no settlement at the cataract; the shores were lined with unbroken forest. On the Upper Canada side there was one mean inn, and the paths and de- scents to the points from which the falls could be seen were so infrequently used as to be dangerous. But the loneliness added to the grandeur, and the difficulties to be overcome gave a tang of adven- ture to the visit. Upon his return the prince dined at Mr. Hamilton's at Queenston. During his short stay the resources of the province were taxed to provide entertainment. The l\'Iohawks, in paint and feathers, gave their national war-dance. The prince was presented with wampum and created a chief above all other chiefs. Upon August 26th he sailed again for Kingston on the Onondaga, while the regiments stood at arms and the guns fired the salute. The next guests of importance entertained by the governor were the American commissioners to the Indians. Beverley Randolph and Timothy Pic- - kering arrived on l\'Iay 17th, 1793, General Lincoln on the twenty-eighth of the same month, and they remained until early in July. General Lincoln dur- ing his sojourn kept a diary which gives an intimate account of the visit. It enables us to understand 184 THE Al\IERICAN COl\lMISSIONERS the straits to which the 1Jzenage must have been put to entertain three such distinguished visitors. Iay 25th.-" Immediately on my arrival at Nia- gara Governor Simcoe sent for me. The other commissioners were with him; he showed me my room. \Ve remained with him a number of days, but knowing that we occupied a large proportion of his house, and that l\:lrs. Simcoe was absent and so probably on our account, we contemplated a removal and of encamping at the landing, six miles from this place. But when the governor was in- formed of our intention he barred a removal. His politeness and hospitality, of which he has a large share, prevented our executing the designs we had formed. " June 24-th.-"The king's birthday. At eleven o'clock the governor had a levee at his house, at which the officers of government, the members of the legislature, the officers of the army, and a number of strangers attended. After some time the governor came in, preceded by two of his family. He walked up to the head of the hall and began a conversation with those standing in that part of the hall, and went around to the whole, and I believe spoke with every person present. This was soon over, and we all retired. At one o'clock there was firing from the troops, the battery, and from the ship in the harbour. In the evening there was quite a splendid ball, about twenty well-dressed handsome ladies and about three times that number of gentle.. 185 JOHN GRAVES SIMCOE men present. They danced from seven o'clock until eleven. Supper was then announced, where we found everything good and in pretty taste. The music and dancing were good, and everything was conducted with propriety. '''"hat excited the best feelings of my heart was the ease and affection with which the ladies met each other, although there were a number present whose m ther sprang from the aborigines of the country. They appeared as well dressed as the company in general, and intermixed with them in a manner which evinced at once the dignity of their own minds and the good sense of others. These ladies possessed great ingenuity and industry and have great merit, for the education which they have acquired is owing principally to their own industry, as their father, Sir William Johnson, was dead, and the mother retained the dress and manners of her tribe. Governor Simcoe is exceedingly attentive in these public assemblies, and makes it his study to reconcile the inhabitants, who have tasted the pleasures of society, to their present situation in an infant provÍ1:lCe. He intends the next winter to have concerts and assemblies very frequently. Hereby he at once evinces a re- gard to the happiness of the people and his knowl- edge of the world; for ,vhile the people are allured to become settlers in this country from the rich- ness of the soil and the clemency of the seasons, it is important to make their situation as .flattering as possible." 186 THE DUKE DE LA ROCHEFOUCAULD The next visitor of distinction that Navy Hall sheltered was the Duke de la Rochefoucauld-Lian- court. He had fled from France to escape the blood- thirstiness of Robespierre. His estates had been confiscated, and he wandered about America home- less and 'with a heart sick for home. His travels are still entertaining, and they give the best available contemporaneous account of early Upper Canada. The duke was an acute observer and a lively writer. His book is not entirely free from errors into which his feelings led him, but it is generally composed in great good humour, and his statistics are valu- able and may be relied upon. Simcoe had been apprised by Hmnmond that the duke was to visit the country, and that he had a mind to proceed through Upper Canada to Quebec. But while mak- ing him welcome, the governor could not allow him to proceed without a permit from l..ord Dor- chester. 'Vhile waiting for this, de la Rochefoucauld spent his time pleasantly enough in social inter- course with his hosts, of whom. he draws an en- gaging picture. Simcoe he describes as "simple, plain and obliging. He lives in a noble and hospit- able manner without pride; his mind is enlightened, his character mild and obliging." l\lrs. Simcoe, he says, "is bashful and speaks little, but she is a wonlan of sense, handsome and amiable, and ful- fils all the duties of a mother and a wife with the most scrupulous exactness. The performance of the latter she carries so far as to act the part of 187 JOHN GRAVES SIl\:lCOE a private secretary to her husband. Her talents for dra \ving, the practice of which she confines to maps and plans, enables her to be extremely useful to the governor." By some means unknown to the sex in this day he discovered her age and set it down in his book as thirty-six. The familiar tone of these and other remarks was not relished by Simcoe, who thought that they cast reflections upon the dignity of his position and his humanity in war. In a pam- phlet printed at Exeter, probably in 1799, he re- buts the latter charge in words tending to scathe the noble nlarquis : "If the United States had at- tClnpted to over-run Upper Canada I should have defended myself by such measures as English generals have been accustomed to, and not fought _ for the morality of war, in the suspicious data of the insidious economist: my humanity, I trust, is founded on the religion of my country, and not on the hypocritical possessions of a puny philosophy." In the autumn of ] 794 the governor received a visit from Alexander l\Iackenzie, the explorer who had taken during the spring and summer of the previous year his adventurous trip overland to the Pacific. He had left a post on the Peace River on l\Iay 9th, 1793, and, after an arduous trip, had succeeded in crossing the height of land dividing the watershed. After proceeding for some days do,"vn the waters that flo,"ved south, he had retraced his course and had for the space of fifteen days travelled through a wilderness where no white man 188 ALEXANDER l\IACKENZIE had ever trod, and had been greeted at the end by a view of the ocean glittering around the rocky islands that towered off the coast. He had arrived again at his Peace River post on August 24th, 1793. Simcoe was no doubt deeply interested in this tale of daring and intrepidity. He says in one of his dispatches that l\Iackenzie seemed to be as intelli- gent as he ,vas adventurous. As usual, Simcoe was alive to the advantages of the water routes, the means of communication and the trade possibilities opened up by such a voyage of discovery. The explorer sketched for him the advantages that would accrue from the establishment of two trad- ing-posts on the Pacific coast, and mentioned the possibility of diverting, with advantage, the trade of the far north to the western ocean. I twas thought that the East India Company should be favourable to the development of the fur trade, and that a national advantage ,vould follow from the retention in the country of a large amount of silver that was then being sent to China. l\-Iac- kenzie's experience had, however, taught him that the Indians of the coast must be conciliated, not coerced, as they too often had been, and he pointed out that a solid advantage from the commerce could not arise unless there was a reconcilement of rival claims and a blending of all scattered effort in one common interest. 'Vhile Simcoe was burdened with state cares, he found time to be interested in many matters that 189 JOHN GRAVES SI ICOE in our day would be considered unworthy the attention of the governor. He kept an ear attentive for all gossip or idle talk of sedition and disloyalty, and many a man and officer who had felt secure in his use of careless words was surprised to receive caution that a repetition would lead to his banish- ment or imprisonment. Spies had to be guarded against, and suspicious persons were detained and put across the lines. A French priest called Le Du gave him trouble in the summer of 1794, at a time lvhen it was undesirable that any information as to the preparations of the country for war should become known. But he was apprehended, detained and finally sent into the country to which by sympathy he belonged. Sometimes Simcoe had to adjust disputes be- t,veen his clergy and their parishioners, and once . the Rev. J. Burk, of Grand River, came under his censure for refusing a pew, and the honours proper to his station, to the lieutenant of the county. While it was impossible for him to prevent the progress of itinerant preachers from the United States through the country, he put a stop when he could to such questionable rovers. One preacher, the Rev. l\fr. Ogden, received notice that he could not officiate in Upper Canada as he was a citizen of the United States. The administration of justice amongst the In- dians was always a matter of the gravest concern to the governor. As settlements began to press in 190 ISAAC BRANT upon the reserved lands of the tribes, small depre- dations became frequent, and then the fear was constantly present lest some serious crime might occur that would bring the Indians into open con- flict 'with the settlers. The arm of the law might be strong enough to punish an Indian criminal, but would the little army be sufficient to deal with the savage rebellion that might follow? '\Then the crisis came it arose in the family of Brant, and but for a strange and untoward circumstance it might have proved a test of that great chief's loyalty. One of his sons, Isaac, in the spring of 1775 mur- . dered a \vhite man who had settled at the Grand River. His name was Lowell. He was a deserter from Wayne's army, and as he was a saddler by trade he was a welcome addition to the settlement. The act " as committed without any provocation upon Lowell's part, and from no cause that could be discovered. Simcoe considered the matter one of grave importance, and asked advice from the home authorities. He was prepared to demand the murderer, and wrote the Duke of Portland that in case of refusal he meant "to have supported the civil power in his apprehension with the whole mili- tary force of the country, for which I have begun preparations." The bold step was not needed. The murderer was allowed to go free during the sum- mer, but in the autumn his career was suddenly and tragically terminated. At the end of a drunken bout he lashed himself into a furious passion against 191 JOHN GRAVES SIl\lCOE his father, and when the latter entered the room he rushed upon him 'with a knife. The blow Brant caught upon his hand, and, in self defence, struck Isaac upon the head with a dirk. In a moment father and son were separated. A week after Isaac died from the effects of the wound, and the applica- tion of the law to Indian crimes was for that tÌ1ne avoided. The public health also received the attention of the governor, and at Niagara, in the year 1796, there was a general inoculation as a safeguard against smallpox. The vast distances to be traversed between the capital and the chief towns of the country bred a hardihood in all those whose duty led them to travel. The aide-de-camp se,,:ed his dispatches into the lining of his cloak or bound them in a girdle around his waist, and set off 'with a couple of Indian guides for Philadelphia or Quebec. It took a month to reach either place, a month of constant exposure and peril. While remote from the scene of the world's great events, the little court in Upper Canada was stirred by them, and the governor would not omit any act or word that might demonstrate to those about him that he was the representative of the king. The dramatic incidents of the French Revolution affected the little circle at York as keenly as the court of St. James. Each one of these outbursts of a demoniac people would give such an ardent and 192 PUBLIC MOURNING confirmed monarchist as Simcoe deep pain. Public mourning ,vas ordered for King Louis, and, a little later, for l\Iarie Antoinette when the delayed news of their executions reached the government. The half-masted flag before the Canvas House upon the shore of Toronto Bay reminded the handful of soldiers and civilians that they, too, were in a current of the great stream of events. 193 CHAPTER XI FOUNDING A PROVINCE S IMCOE arrived at Niagara on July 26th, 1792. He had chosen this place for his temporary capital more on account of its convenient position than from any importance it had attained as a cen- tre of settlement. It had the one advantage of be- ing under the guns of Fort Niagara, but this would turn to a disadvantage as soon as the stars and stripes should float from its bastion. It had not even the distinction of being the head of the .por- tage, that was at Queenston. In fact, when Sim- coe's eyes first fell upon it, Niagara, or Newark as he afterwards christened the place, consisted of two houses. Besides these there were the barracks of Butler's Rangers and Navy Hall, a building erected during the War of Independence by order of Hal- dhnand for the accommodation of the officers of the naval department on Lake Ontario. It was a log building, constructed after the usual method . and without any provision for comfort or even con- venience. But with such changes and additions as the artificers of the regiment cou]d make, it re- mained during Simcoe's term the official residence of the governor. The building was reshingled, par- titions were altered, chimneys and fire-places were 195 JOHN GRAVES SIl\lCOE constructed, new window-sashes were provided, the interior walls were plastered and the woodwork. painted. The repairs were estimated to cost 473 5s. 2d., labour 116 5s., and material 357 Os. 2d. There are references in sketches of early Nia- gara to a residence that was erected for the gover- nor, but such a house never existed. In Navy Hall, with its straitened accommodation and homely ap- pearance, Simcoe carried on the business of his government, entertained his guests, and was the kingly representative of a king. While the altera- tions were in progress, the governor lived in three marquees which, as 1\11's. Simcoe says in her jour- nal, "were pitched for us on the hill above the house, which is very dry ground and rises beauti- fully, in parts covered with oak bushes; a fine turf leads into the woods, through which runs a very good road leading to the falls. The side of our hill is terminated by a very steep bank covered with wood, a hundred feet in height in some places, at the bottom of which runs the Niagara River." The first months at Navy Hall were occupied in a careful survey of all the necessities of the new government and the infant settlements. The bills to be presented to the first assembly had to be con- sidered and framed, and the policy that the gover- nor was to adopt had to be debated, if not fixed. The meeting of parliament gave an opportunity for consultation with the members from the widely separated ridings, and when it adjourned on Octo- 196 I IEUTENANTS OF COUNTIES ber 15th, 1792, the governor had gained a knowl- edge of the conditions of life in the various parts of his province, he had met and appraised its prin- cipal men, and had weighed the Inaterials that he must use in founding his state. One of Simcoe's earliest civil measures was the appointment of lieutenants to the more populous counties of the province. He intended thus to pro- mote an aristocracy, and further to render the government of Upper Canada an exact transcript of that of England. In the hands of these lieu- tenants he placed the recommendatory power for the militia and. the magistrates. He reported this step to Dundas on N ovem ber 4th, but it was not commented upon either favourably or unfavourably until he laid before the Duke of Portland, on De- cember 21st, 1794, a plan for the incorporation of Kingston and Niagara. Then the duke criticized both measures, the tendency of 'which he found to be "to fritter down his direct power and to portion it out among corporations and lieutenants, who on many occasions may be disposed to use it in ob- structing the measures of government." The duke argued that "the power of the person having the government is the power of this country, but such subordin&te po\vers are not ours, and we have no connection with them, or direct influence over those 'who exercise them. They are rather means and in- struments of independence." It was a characteristic of Simcoe to hold stoutly his own view, despite 197 JOHN GRAVES SIl\ICOE contradiction, and he opposed the duke with the argument that the American war was brought on by the "usurpation of civil authority by commit- tees who dealt with power arbitrarily." He wished to check the elective system from operating so universally as in the United States, and asked hereditary titles for his lieutenants of counties, an aristocracy being the truest safeguard against sedi- tion. He asked for instructions: will these offices die out r simply be abolished? Whereupon, hav- ing a great horror of sedition and democratic ten- dencies, the duke allowed the governor to retain his lieutenants. The last one that Simcoe appointed was Robert Hamilton, to be lieutenant of Lincoln; his successors did not renew the appointments and the office, a useless one, was allowed to disappear. A very early interest was taken in agriculture, and on October 21st, 1792, it was ordered by the council that an annual fair should be held at N ew- ark on the second .l\Ionday of each October, to last for six days. This minute was passed on a Sunday, and it is curious to observe that the advent of that day never hindered the performance of public busi- ness of the most ordinary character. Upon February 4th, 1793, Simcoe began an offi- cial tour through his western domain. It was the first of three important journeys he made in order that he might understand thoroughly the topo- graphy of the country for military purposes, and also that he might be made aware by personal in- 198 JOURNEY TO DETROrf spection of the resources of the land for cultivation and settlement. His company consisted of Major Littlehales, Captain FitzGerald and Lieutenant Smith of the 5th Regiment, and Lieutenants Tal- bot, Gray, and Givins. They began their journey in sleighs. The roads were wet, as the season had been unusually mild. The first objective point was the Mohawk village on the Grand River, which they reached about noon on the seventh. Here they attended service in the mission church on Sunday the 10th, and left the village at noon on the same day. As th y were now to follow Indian trails they left their sleighs and proceeded on foot with Brant and twelve of the l\lohawks. They wore moccasins but not snowshoes. They tramped over land now covered with fine farms and opulent towns, then crowded with a thick growth of forest. Each night they slept in wigwams constructed by the Indians, and lived upon the trapper's fare of pork and hard bread. They passed Indian burial grounds, trees that bore picture-writing, discovered springs of salt and petroleum, assisted in hunting raccoons, squirrels, and lynxes, came upon an encampment of Chippewas making maple sugar in their ancient fashion. They rescued a nlan that was starving, sometimes lost themselves for hours in the inter- minable forest, enjoyed strange food in the flesh of the raccoon and squirrel, and rejoiced in the civi- lized fare of the l\loravian settlement of the Dela- wares. For days they lived the life of trappers, ex. 199 JOHN GRAVES SIMCOE posed to the fickle humours of the weather. At length, on February 18th, they met twelve or four- teen carioles and drove to Detroit. Here the gover- nor examined the fort and military works and re- viewed the 24th Regiment. The party left Detroit on the morning of Satur- day, February 23rd, and began the return jour- ney. Upon l\'larch 2nd they had reached a point upon the ri ver Thames (La Tranche as it had been called before Simcoe's time), where they halted for a day as the governor wished thoroughly to ex- amine the place and its surroundings. It was the site of the present city of London, and there Simcoe fixed the situation of the capital of the province. Major Littlehales, whose short diary of the jour- ney gives a lively picture of its incidents, thus de- scribes the spot: "We struck the Thames at one end of a low flat island, enveloped with shrubs and trees; the rapidity and strength of the current were such as to have forced a channel through the mainland, being a peninsula, and to have formed the island. \\T e walked over a rich meadow and came to the forks of the river. The governor wIshed to examine this situation and its environs, and we therefore remained here all the day. He judged it to be a situation eminently calculated for the metro- polis of all Canada. Among many other essentials it possesses the following advantages: command of territory, internal situation, central position, facility of water communication up and down the Thames 200 THE PRO\TINCIAL CAPITAL into Lakes St. Clair, Erie, Huron and Superior; navigable by boats to near its source, and for small crafts probably to the l\Ioravian settlement; to the north ward, by a small portage, to the waters flowing into Lake Huron, to the south-east by a carrying- place into Lake Ontario and the river St. Law- rence; the soil luxuriantly fertile, the land rich and capable of being easily cleared and soon put into a state of agriculture; a pinery upon an adja- cent high knoll, and other timber on the heights ,yell calculated for the erection of public buildings; a climate not inferior to any part of Canada." After this day's halt they proceeded on their way without misadventure, but suffering from severe cold and incessant snow-storms. They arrived at Navy Hall on Sunday, l\Iarch 10th. The opinions that are expressed by l\Iajor Littlehales as to the desirable situation for the capital of the province on the Thames are reflected from those of the gover- nor. He viewed the country, chiefly from the mili- tary standpoint, as a wedge of territory driven down into an enfolding foreign country that might at any time become hostile. His capital should there- fore be fixed \vithin defences and removed from the water front of the lakes which might be swept by an enemy's fleet. The point chosen on the Thames seemed to him to offer all possible advan- tages, and he at once began a military road from Burlington Bay to the forks of the river. This road, that he called Dundas Street, after the Right Hon. 201 JOHN GRA ,rES SIl\ICOE Henry Dundas, secretary of state for the colonies, was begun in the summer of 1793; an officer and one hundred men of the Queen's Rangers were en- gaged during the autumn pushing the road west- ward from the lake; and in the autumn of 1794 it was completed as far as the Grand River. It was designed to form a permanent communication be- tween York, or Toronto, at which place an arsenal was to be established, and London, a link between the chief military centre and the capital. The west and the great ,vater highways of the lakes lay open and accessible to London by the waters of the Thames. The road after this western beginning was to be extended to the east, following the con- tour of Lake Ontario to the Pointe au Baudet and the confines of the province. After resting through April, the governor, with a company of officers, set out for Toronto harbour on Thursday, May 2nd, skirting the shores of the lake in open boats rowed by the soldiers. '.rhey ar- rived probably on the next day, and spent nine or ten days in a thorough survey of the harbour and the shores. The schooners Caldwell and Buffalo ac- companied the party, and their sails were probably the first ever furled in the chief harbour of Ontario. After Simcoe had satisfied himself as to the nature of the harbour and the ad vantages of the situation for a naval station he returned to Navy Hall, ar- riving at two o'clock on Monday, l\Iay 13th. Four days after, the commissioners appointed by the 202 GOES TO YORK United States to treat with the Indians arrived at Niagara; they did not leave until nearly the middle. of July. On l\lay 27th Simcoe received the dispatch an- nouncing the declaration of war with France. It warned him to make definite plans for the defence of the province against suspected American aggres- sion, and as soon as the commissioners had left for the fiami he took the first steps to carry them out. He transferred the Queen's Rangers to the harbour that a few weeks before he had surveyed, and pre- pared himself to follow. He was delayed for some time by the serious illness of his son Frank, but he sailed with l\lrs. Simcoe and his family on July 29th, and arrived at Toronto on the next day. Here they lived in a wigwam after the Indian fashion, and the governor superintended the erec- tion of huts for the soldiers. The general orders of August 26th, 1793, officially changed the name of Toronto to York, "in consideration and compli- ment of the Duke of York's victories in Flanders." But nearly a year before this date the name York had been attached to the position where the capital of the province was destined to stand. The town was laid out on an ambitious scale, and the building regulations for the time and circumstances were exacting. No lot was to be granted on the front street unless the holder was prepared to erect a house forty-seven feet wide, two stories high, and built after a certain design. 203 JOHN GRAVES SIMCOE It is evident that after his arrival the governor decided to spend the winter at York, and seeing that no proper accommodation could be provided, on August 28th he ordered that his canvas house and all its apparatus should be sent over from Nia- gara in the schooner Onondaga, that was engaged in transporting from that place to York military stores. In this canvas house which, before his depar- ture from London in 1791, he had purchased from Captain Cook, the navigator, he and his family spent the winter of 1793-4. The house appears to have been constructed in two sections upon a wooden framework fastened by screws. I t could not have been very commodious, but for winter use it was boarded upon the outside; the dead air space between the canvas and the boards would check the penetrating cold, and the house, intended for use in warmer climes, made a comfortable shel- ter from the Canadian winter. By September 20th Simcoe had completed his plans for the defence of the country. He rejected Kingston as an arsenal, as he found that it could not be "so fortified as to protect shipping." He therefore settled upon York as the arsenal for Lake Ontario. His careful preliminary survey and subsequent residence at the place had confirlned his opinion that it was the best harbour on the lakes and might readily be "made very strong at a slight expense, and in the progress of the country impregnable." Long Point was to be the arsenal 204 PLAN OF DEFENCE for Lake Erie, opposed to any establishment the Americans might place at Presqu'ile. London was to be the capital and "mart of all the indepen- dent Indian nations. In the present situation of affairs the extension of the settlements from it to Burlington Bay on the one side, to Long Point and Chatham on the other, will in a short space effectually add the influence of command over all the nations within the British territory." This capi- tal ,vas to be fortified and strongly occupied; de- fences were to be erected at York and Long Point; blockhouses at Bois Blanc Island and J.\tlaison- ville's Island, or, if Detroit was abandoned, at Chat- ham. York was to guard its harbour with a fortress mounting heavy guns and ten-inch howitzers. The military road was to connect all posts by a well constructed and pennanent highway. A harbour had been reported three miles south of l\Iatchedash Bay, and if a way could be opened frolll York an- other independent communication by a short port- age to the head waters of the Thames, so it was stated, could be secured with London. These plans were transmitted to Dundas and Clarke almost simultaneously; the support of the commander-in- chief was strenuously demanded for the system. Sir Alured Clarke might have allowed these well- wrought, exact schemes of the governor to go un- opposed, but it was not for him to pass upon them. Just as they were well fixed in SÍ1ncoe's mind he withdrew from the government, and Lord Dor- 205 JOHN GRAVES SIMCOE chester assumed control on September 23rd, 1793. From this date begins the discord that embittered the remaining three years of Simcoe's sojourn in Upper Canada, made his duty a task, and checked his enthusiasm. In Simcoe's mind the whole future welfare of the province was rooted in his military system. He, in imagination, saw populous towns spring up around the garrisoned posts; military discipline, be there war or peace, was the model upon which communities were to be founded. Judge then of his chagrin when he sa,v Dorchester treat his plans as worthy of little consideration. One by one his recommendations were disapproved of, gradually his troops were withdrawn, prop after prop vanished, until his schemes lay before him as confused and ineffectual as a flattened house of cards. Dorchester's military policy, frequently stated and as often met by Simcoe with complete non- comprehension, was simply that after the signing of Jay's Treaty no large number of troops was needed in Upper Canada; that "a wise adminis- tration of justice and natural advantages" are more powerful for the welfare of a province than an ex- pensive military establishment; that so long as war continued with France, Lower Canada was the proper station for all available troops. Simcoe, without command, had to bow to supe- rior authority, and he made his submission with an ill grace. Almost the last words he penned at York were these addressed to the Duke of Portland on 206 JOURNEY TO GEORGIAN BAY June 18th, 1796: "I have long seen with patience that nothing but my public duty could possibly justify or support the unsafe and hollow footing on which has rested all that is dear to a man who prefers his untainted character to his existence. . . . In the civil administration of this government I have no confidence whatsoever in any assistance from Lord Dorchester." But in the summer of 1793, these things were not dreamed of, and Simcoe, with a buoyant spirit, prepared to discover a road to the harbours reported south of l\Iatchedash Bay. For some time he was detained by an attack of gout, but at length, on September 23rd, he set out northward. He walked the thirty miles to Holland River, took canoe through Lac aux Claies (renamed Simcoe by the governor in honour of his father) and then ran the Severn into the waters of the large inlet of Lake Huron now called Georgian Bay. Skirt- ing the shore he examined the harbour of Pene- tanguishene, which he found commodious and of a depth everywhere sufficient to float the largest lake-craft he could imagine. But a north-west wind was rolling the waters of Huron into the gap, and the survey could only be conducted under the lee of the islands. It was found hazardous to remain longer, and as the provisions began to fail, he returned with difficulty to York. The street or long portage that was to be the outcome of this journey was called Y onge Street after Sir George 207 JOHN GRAVES SI ICOE Y onge, the secretary of state for war and member of parliament for Honiton in the county of Devon. Simcoe hoped to complete it by the autumn of 1794, but it was not finished by the Queen's Ran- gers until April, 1796. He deemed that the new route for the north- west posts would supersede the old canoe way by the Ottawa and French Rivers, that it would draw from the part of Upper Canada adjacent to York supplies for l\fichilimackinac ,vhich then were furnished by Detroit and surrounding settle- ments. It would, he thought, complete the circu- lar communication with London by way of the head-waters of the river that flows into the har- bour of Penetanguishene and the head-waters of the Thames, that lie so many miles apart. The saving, if this route were used for the transport of goods to the north-west posts and for the fur trade, instead of the established communication by way of the Ottawa, was estimated at 18 2s. 3d. per ton. A canot de maitre will carry one hundred pieces weighing ninety pounds each, equal to four tons and a few pounds, freight per ton Lachine to l\fichilimackinac by the Ottawa, 47 16s. sd. A bateau ,vill carry three tons, freight per ton La- chine to IV1ichilimackinac by the York and Y onge Street route, 29 14s. 5d.; saving 18 2s. 3d. Simcoe's expectations regarding the permanent value of this route were never met, and Pene- tanguishene, which he expected to develop into 208 GOVERNl\IENT F ARl\IS the most "considerable town" in Upper Canada, has been dwarfed by its neighbours. The winter was passed uneventfully at York amid the felling of trees and the squaring of timber. There were the usual difficulties to contend with, heightened by the blunders of the supply officers who sent axes from England that were poorly tempered and would not hold an edge, and mill machinery with the parts confused and broken. A sawmill, with but one saw, was put together from these heterogeneous materials and the frame of an old mill, and with its help and the strong arm of the Rangers Toronto was founded. One of the schemes that formed in Simcoe's mind at this time was the establishment of govern- ment farms. The need of horses was evident. He determined to establish the farms in chosen ituations. The labour was to be supplied by the soldiers, and the fanns would produce sufficient to pay wages and provide" sustenance for a fe,v horses necessary to the service." These horses, used as pack and dispatch animals, would destroy the dependence upon the Indians for such service, and would end their extortionate charges. None of these farms were established. During the next spring the governor was occupied upon duty more extensive and of deeper importance, and this plan was allowed to lapse like many another that could not be carried out with the resources at his command. 209 JOHN GRAVES SIl\ICOE It was early in March that Simcoe received at York Lord Dorchester's dispatch that was, so far as the governor of Upper Canada was concerned, a declaration of war with the States. He threw him- self into the action with his accustomed vigour, and at once dispatched a plan of campaign to the commander-in-chief. He hurried runners to the Indian villages and ordered canoes to be in readi- ness at the forks of the Thames, where London now stands, and in less than three weeks he was on the Miami River. The incidents of this invasion have been set forth in a preceding chapter; the journey is again mentioned to complete the itine- rary of Simcoe's movements. The summer and autumn of 1794 were crowded with activities and with the excitement of apprehension, if not of actual conflict. April 27th saw Simcoe again at Navy Hall and l\lay 5th at York, where he went to design at least a mock defence, as nothing sub- stantial was possible. The legislature was opened on June 2nd, and Simcoe was at Navy Hall until early in September, when he again set out for the Miami with Brant. He arrived at the bay on September 27th, accompanied by McKee, the In- dian superintendent. He found Wayne withdrawn beyond all danger of attack, the posts under Colonel England watchful and prepared, and the Indians cowed but suspicious and disunited. The purpose of this trip was "to crush the spirit of disaffection in the Canadian militia there," but 210 'VINTER AFr KINGSTON he found that the company called out had gone to Fort l\1iami. As he found all danger from Wayne's approach to Detroit past, he disbanded two hun- dred n1Ïlitia that had been levied, and after a council with the tribes he returned to Navy Hall. In pursuance of the plan to conduct a personal inspection of all sections of the province, Simcoe left Niagara, by way of York, for Kingston, where he spent the winter and spring of 1794-5. His wife and family sailed at a more clement season and upon a more comfortable craft for Quebec, where they spent the winter. The governor did not leave Navy Hall until November 14th. It was late in the month before he left York, and, in an open boat, proceeded to Kingston, where he arrived on December 4th. The journey was hazardous by reason of the furious storms that at this season spring upon the lake, and make it a peril for all mariners. Everywhere the shore ice had taken, and the Bay of Quinté was closed. The days were bleak with the lake winds laden with moisture, with sudden flaws of rain or sleet; the nights were cold and cheerless upon the dark forest-clad shores, between the howling of the wolves and the grind- ing of the small ice broken by the waves. He made his port, however, without serious misadventure, and spent the winter actively at Kingston. He found the town much improved after the lapse of nearly three years. l\1any stores for the sale of provisions and merchandise had been opened. New 211 JOHN GRAVES SIl\ICOE wharves had been constructed to accommodate the lake shipping, and others had been planned. He found that the fur trade had ,vaned somewhat, and that general trade was taking its place. He resided in the officers' quarters, and thence many of his most important dispatches are dated. l\Iany claims of the Loyalists had to be investigated and adjusted. He was for these months of the sojourn at Kingston in the heart of the province, for, although the peninsula was considered of the greatest military and strategical importance, the eastern district ,vas more populous and prosperous. He became acquainted with the resources of the district and of the lands upon the Ottawa. He found time and courage to lay his hand upon the abuses in the commissariat department. The pur- chase of flour for the garrisons had for some time been in the hands of contractors ,vho bought from whom they pleased, favouring their friends, and the settlers had petitioned against the fa vouritism and extortion, every member of the assembly having set his hand to the document. Simcoe appointed Captain l\lcGill to be agent for purchases in the province, under the authority of the secretary of the treasury, Rose, and ordered all sub-agents to take orders from hiln. He hoped through the fair and honest action of this officer to equalize prices and to destroy the abuses of the department. But again Dorchester intervened, and appointed Davi- son to supply the troops under a contract from the 212 THE QUARTERS AT KINGSTON victualling office. Simcoe felt himself degraded and . humiliated before the assembly, but avowed him- self absolved from all responsibility. I t was only a temporary check, however, for on November 3rd, 1795, Captain l\lcGill was appointed agent of pur- chases, and carried on the duties of his office for some years. The month of February was spent at J ohns- town, a small hamlet a few miles east of Pres- cott. Simcoe writes to Dorchester from that place that he had planned a road to the forks of the Rideau in order to establish settlements surveyed in 1790 and 1791. He also states that he in- tended to investigate personally the water com- munication with the Ottawa, and he notes the importance of this route for civil and military reasons. But all exploratory schemes were aban- doned, and early in l\Iarch the governor returned to I{ingston accompanied by l\lrs. Simcoe, who joined him at Johnstown after her 'winter in Quebec. She thus describes their residence: "VV' e are very comfortably lodged in barracks. As there are few officers here we have the mess-room to dine in and a room over it for the governor's office, and these, as well as the kitchen, are detached from our other three rooms, which is very comfortable. The drawing-room has not a stove in it, which is a misfortune, but it is too late in the winter to be of much consequence. "r e have excellent wood fires. " 213 JOHN GRAVES SIl\1COE During the spring Simcoe suffered from a serious and prolonged illness, and it was not until l\fay 15th that he was able to travel. He left the town upon that day, and arrived at York on the twenty- sixth of the same month. Here there was as yet no proper accommodation for him, and, after a thorough inspection of the winter's work and the condition of the sèttlers who had come to take up lands upon the line of Y onge Street, he sailed across the lake to Niagara, and there he spent the summer and entertained, between June 22nd and July 10th, his distinguished visitor the Duke de la Rochefoucauld- I iancourt. The only trip that he made during this season was to Long Point, where he fixed upon the site of the proposed town, located the bar- racks and a pier for the use of the war-sloops and gunboats. Upon his return he went up the Grand River as far as a point known locally as Dochstaders, where he portaged into the Chipewyan or "T elland River, and by this way reached his headquarters. He preferred the route above the usual course, by way of the Niagara River to Fort Erie. The furious rapids above the falls wearied the soldiers, toiling like galley-slaves at the oars of the bateauæ. On the last day of November, 1795, he arrived at York, where he purposed spending the winter. York had increased to twelve houses gathered near the Don, the barracks were two miles from the town near the harbour; two blockhouses had been erected at the entrance to the roadstead. A châ- 214 CASTLE FRANK teau had been prepared for the governor which was called Castle Frank, after his son and heir. It was situated upon a ridge overlooking the Don at some distance from the barracks and the town, with which it was connected by a carriage road and bridle- path. The building was constructed of small, well-hewn logs, with a massive chimney, and a portico formed by an extension of the whole roof. The windows were protected by massive shutters. It remained standing until 1829, when it was de- stroyed by fire. This house was intended as a pavi- lion in the ,voods, which the family might visit for pleasure or to enjoy alfresco entertainments. It was not fitted for use as a residence, and the governor continued to live in the canvas house boarded and banked as during the winter of 1793-4. It was his intention, as soon as practicable, to erect a tem- porary government house at York, with accommo- dation for the legislature in wings. The officers of the government he ordered to York on February 1st, 1796. They were granted one hundred acres of land each, and were expected to settle in their new home without delay. But all establishlnents at York were considered as merely temporary; Lon- don had not as yet been deposed, it was the poten- tial capital of the province. The winter passed in the midst of activities. The Queen's Rangers were busy felling trees and squar- ing timber for the new government buildings, and detachments of the same troop were working their 215 JOHN GRAVES SIl\ICOE way towards Lake Simcoe through the forest, slow- ly building Y onge Street. As soon as the ice had left the harbour Simcoe sailed for Niagara, and ar- rived at Navy Hall on April 30th. The session of the legislature lasted from l\Iay 16th to June 20th, upon which day he returned to York. During the spring and early sQmmer he was anx- iouslyawaiting a reply to his application for leave of absence. Hardly had he reached York in the previous autumn when he presented his request to Portland in a letter dated December 1st, 1795. He felt compelled to request an extended leave owing to the state of his health. A slow fever was gradu- ally consuming his strength, and his physicians thought he should a void the heat of the approach- ing summer. He was urgent in his application and stated that the only alternative to leave was resig- nation. When the answer came to his application it was favourable and in most flattering tenllS. The leave was granted: "Such is the confidence," writes Portland on April 9th, 1796, "that His l\Iajesty places in your attachment to his service and so satisfied is he with the unremitting zeal and assiduity you have uniformly manifested in pro- moting his interests and those of his subjects com- mitted to your care." A gunboat was placed at his disposal for transport. 'iVhatever the differences of opinion and misunderstandings with his immediate superior may have been, Simcoe must have felt that his policy and cond uct had been approved 216 DEPARTURE FROl\I CANADA generally by the government of which both Dor- chester and himself were servants. He might turn his face to-wards home with the light heart and clear conscience of a man who has been approved in an earnest effort to do his duty ,vith singleness of purpose. The letter granting his leave in such gratifying terms did not reach him until early in July. He immediately made preparations for de- parture. His successor, the Hon. Peter Russell, ,vas s,vorn in as administrator on July 21st, and upon the same day Simcoe left York. The frigate Pearl ,vas then lying at Quebec ready to sail upon August 10th, and the captain expected to carry as passengers Simcoe and his family. The A ctive, in ,vhich I..Jord Dorchester had taken passage, was wrecked upon the shore of Anticosti on July 15th, and when Simcoe arrived at Quebec he found that the Pearl had gone do,vn the gulf to save the stores. Dorchester had sailed for Percé in a schooner and the Pearl, after salvage of the wreck at the island, ,vas to call at Percé for him, and then proceed to England without returning to Quebec. Simcoe was therefore compelled to remain in the country until late in September, and it was not until November that he arrived in London after an absence of nearly five years. He ,vas destined never to see the country again but his mind ,vas never free frolll thoughts of it. That the government also connected him during his lifetime with plans for the administration of the 217 JOHN GRAVES SI!\1COE colony is evident. 'V riting from Bath on October 14th, 1802, he says: "Ten days have not elapsed since I gave up all views of Canada for the present. I t is about three years ago that the Duke of Port- land invited me to succeed Prescott." He was re- served for even higher service which fate designed that he was not to carry out. 218 CHAPTER. XII AFTER UPPER CANADA N o sooner had Simcoe arrived in London in November, 1796, than he was ordered to Santo Domingo. With but a few weeks rest, and suffering always from ill-health, he sailed for the scene of his new duties, where he arrived in l\Iarch, 1797. The island was in a state of insurrection and the task that confronted him was the pacification of a horde of blacks who had all the advantage of fighting on their own ground and in a climate that was in itself death to the foreigner. The circum- stances were most desperate. With his accustomed thoroughness, Simcoe endeavoured to discover the true reasons for the state of affairs, and he began to carry out reforms that had a beneficial effect if they did not form the basis for final success. To quote from Ramsford's " IIistory of Hayti ": "He compelled a surrender of all private leases obtained of the vacated property of French absentees to the public use, and he reformed the Colonial Corps." His military operations were also frequently suc- cessful, but no person in his state of health could long withstand the strain of such a war and the ad- verse conditions of the climate. He was compelled to ask for leave on account of sickness, and he left 219 JOHN GRAVES SIl\ICOE the island on September 27th, 1797. The rumour gained currency in London that he had abandoned the government without proper authority. A cleri- cal error in substituting the name of Sir Ralph Abercromby in the order granting the leave had given rise to this unpleasantness. But the matter was satisfactorily settled, and on October 3rd, 1798, he was promoted to the rank of lieutenant-general and called to the colonelcy of the 22nd Foot. For the next year or two he remained at 'V olford Lodge endeavouring to regain his health after the years of arduous life since 1791, in the widely differ- ing climates of Upper Canada and Santo Domingo. In 1800 and 1801 he commanded at Plymouth, an important post in those years when the invasion from France was expected. But that danger passed, and tired of the inactive life and garrison duty, Simcoe resigned and applied to be sent on foreign service. He was thereupon appointed commander- in-chief in India as successor to I.Jord Lake, but before his departure for the East he was assigned an important diplomatic mission with Lord S1. Vincent and the Earl of Roslyn. The reasons for the expedition are thus given by Lord Brougham, who was secretary to the com- mission: "Early in August, 1806, the English government had received intelligence of the inten- tion of France to invade Portugal with an army of 30,000 men then assembled at Bayonne. From perfectly reliable information it was believed that 220 THE EXPEDITION TO IJISBON it was the object and intention of Bonaparte to dethrone the royal family and to partition Portugal, alloting one part to Spain and the other to the Prince of Peace or to the Queen of Etruria. The ministers thereupon resolved to send an army to the Tagus, to be there lnet by a competent naval force, the whole to be intrusted to the command of Lord St. Vincent and Lieutenant-General Simcoe, with full powers, conjointly with Lord Roslyn, to negotiate with the court of Lisbon." During the voyage Simcoe was able to discuss daily with his colleagues the subject of their mis- sion, but shortly after the arrival at Lisbon he was compelled to leave for England by his continued illness that alarmed both himself and his physicians. In one of the swiftest ships of the squadron he sailed for home, unable longer to sustain his part in the negotiations. l\lrs. Simcoe had gone to London to make preparations for their departure for India, and in the midst of them, when her mind was en- gaged with plans for the future, looking forward to the larger life which the new command would bring, she received the news of her husband's death. He had reached Torbay on October 20th, 1806, in the Illustrious, man-of-war. Suffering acutely, and hardly able to undergo the last miles of his journey, he was taken up the River Exe to Tops- ham in a sloop prepared for his need, and thence by carriage to Exeter. There, on Sunday, October 26th, in the house of Archdeacon l\:Ioore, under 221 JOHN GRAVES SIMCOE the shadow of Exeter Cathedral, he passed away. On November 4th, he was buried at Wolford Lodge in the domestic chapel. The county of Devon erected in the cathedral at Exeter a monu- ment by Flaxman, which commemorates his deeds and his worth in the following inscription :- "Sacred to the memory of JOHN GRAVES SIMCOE, Lieutenant-General in the Army and Colonel of the 22nd Regiment of Foot, who died on the twen- ty-sixth day of October, 1806, aged 54. In whose life and character the virtues of the hero, patriot, and Christian were so eminently conspicuous, that it may justly be said he served his king and his country with a zeal exceeded only by his piety towards his God. During the erection of this monument, his eldest son, Francis GwiUim Simcoe, l ieutenant in 27th Foot, born at Wolford Lodge in this county, June 6th, 1791, fell in the breach at the siege of Badajoz, April 6th, 1812, in the 21st year of his age." 222 CHAPTER XIII NON SIBI SED PATRIÆ T o imagine Simcoe influenced by the legend graven upon his family arms may be a quaint idea, but at the end of his life he might have pointed to it as an epitome of his motives and actions. He was in truth governed largely by his enthusiasms and his sentiments, and when this is understood it is conceivable that a family motto in such perfect harmony with his ideals and so apt to the circum- stances of his chosen career would at last come to be an invisible monitor encour ging the sacrifice of self for the country's weal. His presence in Upper Canada is an evidence of how far he could be swayed by sentiment. He turned his face from the source of preferment and left the court and parlia- ment at a time when he could have forced recogni- tion of his abilities. In his absence ministers might change and power centre itself in men who knew him not. He exiled himself and left his interests to the chance of decay. 'Vhy? He answers the question. "To establish the British Constitution hitherto imperfectly communicated by our colonial system, among a people who had so steadfastlyad- hered to their loyal principles, was an o ject so salutary for the present and so extensive in its con- 223 JOHN GRAVES SIl\ICOE sequences that I overlooked all personal considera- tions." He had frequent reason during the American war and his term in Upper Canada to gain ad- monishment from his family motto. His life was worn a,vay in the public service. At the close of the struggle with the Americans, his constitution was undermined. The kind of warfare he followed, sudden forays, ambuscades, forced marches, strata- gems, and subterfuges kept his mind in a condition of strain and excitement, and gave his body no rest. Time and again during those years he broke down but stuck to his saddle when he should have kept his pallet. And above and beyond the exhaus- tion of such a dashing and haphazard life there was the sense of failure, of lost opportunities, of pon- derous blunders, of weak-kneed strategy and palsied inactivity. These were the things that burned deeply and bitterly into this valiant and heroic soul. Could he have felt that he was responsible and had failed to conquer a more capable commander, the bitter- ness would have been galling, but it could not have been so unbearable as defeat brought about by the wild errors of others. As many another subordinate in that same captured army felt, and as many an- other has had cause to feel since, he realized in hopelessness the vast inertia of the mass of incom- petence above him. This opinion, that the war was lost by stupidity, bred in him a violence of feeling towards the United States that he was never slow 224 DESIRE FOR PEACE to express. He was a soldier with a great talent, if not a positive genius, for war; this talent he had developed by study and reflection. His mind was full of resource, he had the strategic instinct, he adapted his means to the end in vie,v. There is abundant evidence to prove that this talent was ob- served and often made use of by his superiors. After he became eligible there was no board of general officers called by the king of which Simcoe was not a member. De la Rochefoucauld writes, "He is acquainted ,vith the military history of all countries; no hillock catches his eye without ex- citing in his mind the idea of a fort, which might be constructed on the spot; and with the construc- tion of this fort he associates the plan of operations for a campaign, especially of that which is to lead him to Philadelphia." He desired peace with the United States, and peace he constantly guarded and preserved by his actions and words. Yet there is nothing irreconcil- able between this desire and his expressed hostility to\vards the young nation. Always in a soldier's mind the desire for active service is implicit. Sim- coe would no doubt have welcomed the opportunity of again crossing swords with his old antagonists. He was constantly reverting to his past campaigns and laying plans for those of the future. In 1794 he thought his opportunity had come, and he ac- cepted the tremendous responsibility without flinch- ing. In his dash from York to the rapids of the 225 JOHN GRAVES SIl\fCOE l\iiami, in his plans for intercepting Wayne and defeating him, there was aU the old vigour, keen- sightedness, sureness of aim. He saw what was to be done, and in the best way, using aU the natural advantages, he did it. His swiftness on this occa- sion alone would justify the praise of George III, that if every person had served during the Ameri- can war as Simcoe had done, it would have had a different termination. The governor himself be- lieved that he had had a passive victory at the forks of the l\fiami-that by a show of strength he had prevented an invasion of the province. But there is no equation between the terms of his gift as a soldier and the opportunity of using it in a successful issue. Fortune always meted out to him a forlorn hope. In the American war and later in Santo Domingo adverse conditions were heaped upon him in huge bulk, immovable. He seemed to copy the broken career of his father, and pass on the example to his son. The military cast of his mind is evident in nearly aU his plans for the development of the colony. He would have had it evolve into a peaceful camp, into settlements of which the blockhouse would be the heart and head. The mainstay of loyalty, religion, and prosperity would be the garrison-and loyalty in this sentence is not written carelessly before religion. Loyalty ,,"as to be the creed of the U p- per Canadian. So familiar is Simcoe with this virtue that at last it begins to smirk and take on a comic .226 THE BUREAUCRATIC SPIRIT cast. In his vision of a provincial capital there is the pure comic. Within its walls there was to be erected the palladium of British loyalty, all repub- licans were to be cast forth, there was to be one true church, there was to be the university as a safeguard of the Constitution, there opinion and character were to be so schooled and moulded that to consider them would be to look upon the ob- verse and reverse of a Georgian guinea; there was to be a sort of worship of the British Constitution, there at every street corner was to be a sentry, there the very stones were to sing "God save the King," and over it all there was to be the prÍInness of a flint-box and the odour of pipe-clay. The vision in reality has taken on a different forln, but it is easy to think that Simcoe would be satisfied with the actuality and claim it as a growth from his seedling. The cOIn pact bureaucracy that rose and flourished and was cut down after his day must be traced to the official system that he inaugurated. It was de- signed to prevent sedition, and to destroy the very seeds of republicanism as with a penetrating frost. But the error at the heart of this system was, that democratic principles and practices could not be enwrapt with the practice and principles of the British Constitution. Simcoe had unearthed many of the roots that nourished the tree of the Ameri- can Revolution, but the tap-root he had not traced. It must be said that he was made of the same 227 JOHN GRAVES SIl\ICOE metal as many of the colonial governors, and in their positions he would have opposed a like stub- bornness to the new, restless, over-eager under- current that was running strongly in colonial af- fairs. Instead of delving a wider channel in which it might run safely and spend its energy usefully, he would also have built the dams and barriers that fretted the current which finally rose and swept them out into the ocean. He would have failed to appreciate the new conditions that free life had formed in the western air. Desire for constitutional changes and outcry against taxation and monopoly he would have endeavoured to crush as subversive and contumacious; for Simcoe had the defects of his qualities. Against his vivacity, his power of in- centive, his courage, his intrepid uprightness, we must place impatience, stubbornness, suspicion and lack of self-restraint. When he was opposed he gave his adversary no credit for sincerity, he im- puted unworthy motives, and in expressing his case in rebuttal he "\vent beyond all bounds in the extra- vagance of his language. These petulant outbursts, in which sentences are swollen and turgid with a sort of protesting rhetoric, sOlnetimes cancel sym- pathy. Against Lord Dorchester one is prone to take the side of Governor Simcoe, seeing how ear- nest and zealous he was, but there is much in his correspondence "\vith his superior officer that is not of perfect temper. l\-Iany of these letters, fluttering often upon the borders of pure impertinence, gain 228 HIS HOSPITALITY support for the old warrior, whose replies did not fail in dignity and a sort of amiable condescension. When it is comprehended how fine a gentleman Simcoe could be, some of his expressions are often inexplicable. But he was supersensitive in the re- gion of personal and public honour, particularly when the attack pierced also his sense of duty. It was when so stricken that he made the loudest outcry. With all these minor faults, faults of a sanguine and buoyant temperalnent, he yet was a great gentle In an. Twice at least during his stay in Up- per Canada he was called upon to occupy positions that required the utmost tact, and in neither was he in the least wanting. In the summer of 1793 for many days he entertained three American com- missioners to the Indians at a time when he sus- pected early active hostilities and when his civil position was involved and cOlnplicated with mili- tary preparations and the nervous and tricky diplo- macy of Brant and his confederates. One of his guests was that General Lincoln who capitulated to Clinton at Charleston, and the past must have contained bitter memories for both guest and host, but the general in his memoirs has nothing but praise for the consideration shown hÌIn. Simcoe's dislike of the new republic, his fear of American politics, and his sympathy with the Indian demands were carefully cloaked and nothing appeared but a fine hospitality that placed his guests at ease. 229 JOHN GRAVES SIl\ICOE The second occasion was when he entertained the French Royalist, the Duke de la Rochefoucauld, at a time when republican France was at war with England. The duke during all the days of his stay was in the country under sufferance, but was made at home in the large simple manner that won his admiration. In Simcoe's relations with his people he showed a like consideration, and although he was criticized, misunderstood, and disliked, it was not often so. These cases oftenest arose from the oppo- sition of his honesty, brusque but open and fearless, to the small plots for gain and preferment that he discovered. rro persons thus engaged he seemed like a withering fire, he burned them with scorn. · He had none of the finesse that can measure faults and adjust rebuke in degree. He used the same sledge-hammer to break the mill-stone of some great public abuse and the hazel-nut of a private peccadillo. But his character held in happy combination traits that made him an almost perfect governor for the place and the time. He treated his people as a nobleman might treat his tenants if his temper were magnanimous and progressive. In Upper Can- ada he appeared as an urbane landlord upon a huge, wild estate. Any attitude other than the one he adopted would have made him the most unpopular man in the province. His genius for exhibiting per- sonal interest in the individual concerns of his little people made him beloved and respected. His stem 230 HIS INTEGRITY sense of duty and his military prowess gave a feel- ing of security to scattered settlements in a troubled and uncertain time. After all is said the essential quality of this man's mind and temper 'was integrity. Every thought and action rose from that deep, pure spring. It was the perception that the man was filled with lofty patriotism, that the sense of duty was inherent in him and unassailable, that led Pitt to remark that he was needed in Santo Domingo by reason of his integrity, not for his military exertion. And in closing a review of his character and aims it is this quality more than all others that comes into pro- minence, and remains massed, large and luminous. For in the end it comes to be a question as to what this man's work in our country is to stand for, what we are to think of when we bring into our minds him and those early days that he filled so full with untiring energy. He has all the advantage and all the disadvantage that clings about his position as a pioneer of government. He could do but little in his five years of power to direct the fùture of the province, and from many of his ideals and aims we have swung far away. But he possessed the advan- tage of having no forerunner, and even what he did has a larger value than the acts of those who may have had richer, fuller opportunity. Certain waterways and highways, very many place-names, and a few great centres of population will always be associated with his memory. These are material 2Bl JOHN GRAVES SIIHCOE things, and in a country where the interests of trade and the minutiæ of barter and exchange must per- force receive an undue prominence, it is well that SOllle character, some utterance of an ideal position may exist which we may uplift for guidance, to which we may turn when wearied by the sordid- ness of the time and the garishness of party aims and mean local ambitions. In Simcoe's character and utterance we have such a possession. He had in abundance, and used to the full, that great quality of integrity which is the corner-stone of public and private usefulness, that quaJity without which both acts and words sound as brass and tinkle as a cymbal. We might choose more widely and not choose so well if, in a search for ideals, we passed by the worth of the first governor of Upper Canada. It is by his purity of purpose and his lofty rectitude that he may be of abiding use to us. His words are now as cogent as they were in his day. They may look as dim to the eyes of a practical politician as an old-fashioned Ian thorn, but they shed an honest light. And we might all profit exceedingly by a close observation of the group of virtues that, in the following words, our exemplar has brought together that he con- siders the prime qualities to assist at the founding of a nation: "It is our immediate duty to reCOIll- mend our public acts to our f llow-subjects by the fficacy of our private example; and to contribute in this tract of the British empire to form a nation, obedient to the laws, frugal, temperate, industrious, 232 HIS IDEALS impressed with a steadfast love of justice, of honour, of public good, with unshaken probity and forti- tude amongst men, with Christian piety and grati- tude to God." I t would be well in reading them to remember that they were written of our country and spoken to our forefathers, and that by direct inheritance they belong and appertain to our national life and to ourselves. This recollection might lead us to return to them with profit again, and yet again. 288 IN.DEX ... ...... ..- INDEX A ADDISON, REV. ROBERT, 158, 167 j his library, 175 Ag-ricultural Fair, 198 Aristocracy in Upper Canada, 69 Arnold, Benedict, Simcoe's ex- pedition with, 33 Arthur, Rev. Mr., 167, 168 Assembly, House of, first members of, 80 j first session, 85 ; second session, 88 j third session, 91 j fourth session, 92 j fifth session, 94 Atkins, Mr. D. A., 167 B BANKS, Sir Joseph, Simcoe's letter to, 166 Bethune, Rev. John, 164 Bourinot, Sir J. G., his préci8 of the Canada Act, 10-12 Brant, Isaac, murders Lowell, 191 Brant, Joseph, visits Philadelphia, 121 j his policy, 122 j looses influence with western Indians, 124; Simcoe's opinion of, 125; kills his son Isaac, 192 Brougham, Lord, secretary to the commission to Lisbon, 220 Burk, Rev. J., censured, 190 Burke, Edmund, quarrels with Fox, 8 Burns, Edward, clerk of the Crown, 178 Burns, Rev. l\Ir. schoolmalìter, 167 c CAMPBELL, Major, in command at the Miami, 136 j opposes Wayne, 139 Canada Act, the, 1-15 Canals, the first, 112, 113 Carondelet, Baron, his letter to Simcoe, 134-6 Cartwright, Richard, remarks on Loyalists, 57, 58 j report on mar- riage, 86-8; asserts his loyalty, 98; memorandum on exchange, 109 Castle Frank, 215 Churches, the, 155-67 Civil list, first estimate for, 177 Clarke, Jonathan, 167 Cockrel, Mr , his night school, 167 Collver, Rev. Jabe"L, 165 Commissioners to the Indians, 123,184 Costa, Francis, naval officer, 178 Currency, early substitutes for, 68; act regulating, 94 D DESERTION, punishment for, 72 Dorchester, Lord, his interest in the Canada Act, 3 j his difference with Simcoe, 130; his resig- nation, 142; wrecked on Anti- costi, 217 Drinking, the vice of the time, 71, 72 237 JOHN GRAVES SIl\ICOE Duel, between :\Iessrs. SmaH and \\-'hite, 181 Duke of Kent, visits Upper Canada, 183 Dunn, Rev. Robert, 164 E EDUCATION, 166-75 Elmsley, John, chief-justice, 178 Exports from Kingston, 1794,108 F Fox, CHARLES J A!\fF..s, quarrels with Burke, 8 Freemasons' Hall, 83, 96 Fur Trade, the, 105 G GODDARD, CHARLES, government agent, 178 Grenville, Lord, his letter rB Can- ada Act, 2 H HAl\IlLTON , ROBERT, lieutenant of the county of Lincoln, 198 Holland, Mr., surveyor, 178 " Hungry year," the, 65 I INDIANS, their friendship with the Loyalists, 61 ; Six Nations, 74 ; government's policy towards, 75, 119; administration of justice among, 190 Indian department, organization, 127 Itinerant preachers, 162 J J ARVIS, WILLIAM, "ecretary of the province of Upper Canada 178 Jay's Treaty, 141, 142 238 K KENT, DUKE OF, visits Upper Can- ada, 183 King-'s birthday celebration 1793, 185, 186 Kingston, Simcoe's residence at, 212 L LAKE, LORD, Simcoe succeeds, 220 Land Boards, 102-4 Langhorn, Rev. John, 158 La Rochefoucauld-Liancourt, Duke de, extracts from his journal re emigrants, 56 ; describes soldiers dressing 011 the Onondaga, 73; describes opening of fourth ses- sion of the legislature, 92, 93 ; refers to Simcoe's preference for Roman Catholic clergy for the Indians, 166; reference to houses in Upper Canada, 179; scarcity of servants, 182; visits Simcoe, 187, 188, 214 Le Du, priest, sent to United States, 190 Legislative council, the, members sworn in, 79 Library, the public, 175; Rev. Mr. Addison's, 175 Lieutenants of counties, 197, 198 Lincoln, General Benjamin, ] 23 ; his diary, 184-6 Lisbon, the commission to, 221 Littlehales, Major, aide-de-camp, 177 London, capital of Upper Canada, 200 Loyalists, persecution of, 54, 55; first refugees, 56-8 Loyalists, United Empire, pro- clamation regarding, 7I Lymburner, 1\11'. Adam, pposes the Canada Act, 2 Lyons, Mr., schoolmaster, 167 l\I McDoNNELL, REV. MR., 165 McGill, Captain, agent of pur- chases, 212 Mackenzie, Alexander, 188-9 Marriage Act, passed, 88; the re- peal of, 161 Marriages, 66; Cartwright's re- port upon, 86-8 Mesplet, Fleury, prints proclama- tions, 173 Militia Act, the, 91 Morse, Colonel, his scheme for confederation of the colonies, 4 Mountain, Rev. Jehoshaphat, first Anglican bishop, lõ8; his opin- ion of itinerant preachers, 159; AÏvell f'eat in legislative council, 160 N NAVY HAJ.L, 195, 196 Niagara or ewark, first settlement at, 58, 195 o OGDEN, REV. MR., a citizen ofthe United States, 190 08goode, \Villiam, chief-justice, speaker of the legislative council, 85, 178 P PICKERING, TIMOTHY, 123, 184 Pioneer life in Upper Canada, 51-77 INDEX Pitt, his speech during the debate on the Canada Act, 7; remark!! re Simcoe's integrity, 231 Plymouth, Simcoe commander at, 220 Population, 115 Portland, Duke of, Simcoe's letter to, regarding military operations of 1794, 143-54 Powen, \'Tilliam Dummer, judge of the common pleas, 178 Presbyterian Church, first ministers of, 164 Prices of merchandise, 114 Q QUEEN'S RANGERS, origin of corps, 22; discipline introduced by Simcoe, 24; placed OIl roster of British army, 39; disbanded, 39 ; arrive at Quebec, 49 R RANDOLPH, BEVERLEY, 123, 184 Rate of wages, 113 Rideau River route, 213 Roman Catholic Church. 165 Roy, Louis, king's printer, 172, 173 Russen, Hon. Peter, sworn as ad- ministrator, 217 IS SANTO DOMINGO, Simcoe appointed governor of, 219 Schools, teachers and equipment, 166, 167 Simcoe, Captain John, father of John Graves, member of court martial on Admiral Byng, 15; dies, 1759, on Pembroke en route 239 JOHN GRAVES SIl\lCOE to Quebec, 16; his opinion of Quebec and Montreal, 17 Simcoe, Frank, 179, 203 Simcoe, .Mrs. John Graves, her character, 40; presented with a horse by Richard Duncan, 180; her description of Newark, 196 ; describes quarters at Kingston, 213 Simcoe, John Graves, takes part in debate on Canada Act, 7, 8; his birth and parentage, 15 ; removes to Exeter, 17 ; education, 17; en- ters the army, 18; reaches Bos- ton, June 17th, 1775, 18 ; his am- bition to command light troops, 19 ; leaves Boston, 20 ; appointed captain in the 40th Regiment, 20 ; winters at New Brunswick, N.J., 21; lands at Elk River, 22 ; wounded at battle of Brandy- wine River, 22; takes command of Queen's. Rangers, 22; his Military J oumal, 23; the en- gagements at Quintin's Bridge and Hancock's House, 24; an extreme partizan, 25; promoted to rank of lieutenant-colonel, 25 ; battle of Monmouth Court House, 26; is wounded, 27; winter quarters at Oyster Bay, 30; ambushed and taken prison- er, 32 ; expedition with Benedict Arnold, 33; description of night attack, 34 ; the attack at Point of Fork, 34; the engagement at Spencer' s Ordinary, 35; surren- der at Y orkton, 37; sails for England on parole, 37; his mar- riage, 40 ; his poetic gifts, 41, 42 ; 240 enters' parliament, 44 ; speech on impeachment of Hasting-s, 44; appointed to Upper Canada, 44; sails in the Triton and arrives at Quebec, 47; delayed at Quebec, 48; leaves for Upper Canada, 49 ; arrivelì at Niagara, 50 ; his opinion as to an aristocracy, 69; opens legislature, 83; his opinions on slavery, 90 ; his opinion of Cart- wright and Hamilton, 92, 98; last speech to the legislature, 95 ; re- marks on Arnold, 104; gives at- tention to agriculture, 107 ; views on trade and exchang-e, 111; his peace policy, 117 ; entertains In- dian commissioners, 123; his dis- trust of Brant, 125; wishes to reorganize Indian department, 127 ; his Indian name, 128; ar- rives at York, 129; his quarrel with Dorchester, 130; goes to the Miami River, 134; his letter in defence of his military actions during 1794, 143-54; his opinion regarding ch urch establishment, 155; letter to Sir Joseph Banks on education, 166; views on education, 168, 169; university foundation, 170, 171; his ad- vice to publisher of Gazette, 174; public library, 17.5; aids Agricultural Society, 17.5; re- ference to de la Rouchefou- cauld, 188; appoints lieutenants of counties, 197; official tour to Detroit, 198-201; his opinion of the situation of London, 200, 201 ; begins road from Burlington Bay, 201; voyage to Toronto harbour, 202; lives in wigwam at Toronto, 203; winters at Toronto in can- vas house, 204; opinion of To- ronto harbour, 204; his plan of defence, 20.5; disagreement with Dorchester, 206, 207 ; visits l\1at- chedash Bay, 207; changes name 0' Lac aux Claies to Simcoe, 207 ; plans Y onge Street, 207; wishes to establish government farms, 209 ; visits Detroit and the :\Iiami River, 210; visits and spends winter of 1794-5 at Kingston, 211; improves commissariat de- partment, 212 ; visits Johnstown, 213; illness, spring of 1795, 214 ; entertains de la Rochefoucauld, 214; visits Long Point, 214; spends winter of 1795-6 at York, 214; granted leave of absence, 216; sails for England, 217; leaving England for Santo Domin- o, 219; promoted to rank of lieutenant-general, 220; com- mands at Plymouth, 220; ap- pointed commander-in-chief in India, 220 ; diplomatic mission to Lisbon, 220; last illness and death, 221; his monument in Exeter Cathedral, 222; his char- acter and aims, 223-33 Slavery in l'ppcr Canada, 89, 90 Small, John, clerk of the council, 178 ; duel with John \Vhite, 181 Smith, Chief-Justice, 4 Smuggling, 107 Society at Niagara, 180-2, 186 St. Clair, General, his defeat, 120 INDEX Strachan, Dr. John, Bishop of To- ronto, 170, 171 Stuart, Rev. John, 157, 166 Superior court, instituted, 92 T TALBOT, Lieutenant, aide-de-camp, 177, 178 Tiffany, Mr. G., king's printer, 173 ; wishes to print a magazine, 174; publishes the Constellation, 174 Toronto, name changed to York, 203 Transportation, cost of, Lachine to Michilimackinac, 208 Trayes, Mr., schoolmaster, 167 Treaty of Paris, Clauses IV, V, VI, 52-4 u Upper Canada Gazette, The, 172, 173, 174 V V ESSELS on the lakes, 113 ,v ,V AYNE, GENERAL, his expedition against the Indians, 121, 138 \Vhite, JOHN, elected attorney- general, 81 j duel with John Small, 181 y Y ONGE Street, 207 York, new name for Toronto, 203 j selected as arsenal, 204 241 v ..s OF CANADA John Graves Simcoe F 5054 .1I34 . v.7