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Full text of "Harrison Hall and its associations, or, A history of the municipal, judicial, and educational interests of the western peninsula [microform]"

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ROBERT STUART WOODS 



IlAkklSc^X HALL 



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HARRISON HALL 



AND lis ASSOCIATIONS, 



OR 



A HlSrORV OF IllE MUNICIPAL, JUS>1CIA1-, AND 

ICDUCATIONAL INTERESTS OF THE 

WESTERN PENINSUEA, 





BY 



R. S. WOODS, O. C, 



JUNIOR JUDGE Ol'- KENT. 



CHATHAM: 
Planet Hook and Jdh Dki r. 



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D E b I C A T I O N. 



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To flicxanden Jfl. JVIason, Esq., Wafden of the County of K«fit, and 
IVIonson Campbell, Esq., Mayor of the City of Chathann : 

Oentlkmen,— The erection of Harrison Hull by tlio two Municipalities, r»f 
which ynu are the respective heads, with its name and purpose, of which (he 
County and City may f.el justly proud, demanded a fuller and more permanent 
record, representing as it docs one of the most rcmaikable counties in Canada, — 
territ iriaily greater at one time than some of the king.loms of Europe, and so 
Lrge as to inclu.lc wliat now makes tne States of Michitran, Ohio, Indiana, 
Illinois and Wisconsin, besides a large portion of Ontario, now distributed over 
many couuties and districts, embracing Detroit and Mackinaw as the teats of «ur 
courts and landboards ; going southward to the Ohio, westward to the Mississippi 
and northward to Hudson Jiay. 

While having taken the liberty of piesenting these pages for your acceptance, 
I have to express my regret that a memorial volume like this should not have 
fallen to a more experienced pen, but am comforted with the thought that it may 
lead to further study and in(juiry by some of my younger readers and a furtlier 
and more detailed history of the County and Western District at a future day. 

Trusting ihnt both County and City may maintain their proud position 
among their sis; >?r municipalities of Ontario, 

I am, gentlemen, 

Your obedient servant, 

R. S. WOODS. 
Harkison Hall, January, 1896. 




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P R E F A C R, 



The following pages meet the reader in an entirely different form from that 
which the author first intended. 

The original purpose as far as there was any definite intention, was to publish 
the history in a series of newspaper articles. 

When the manuscript had been completed a iminbcr of prominent gentlemen 
were invited to liear portions of it read. Tli(>y were unanimous in tlieir decision 
to have the woili put into more perm.nncnt form limn the new.spapcr wcidd 
permit of. ("ommittccs were appointed to wait upon the County and City 
Councils with tiic suggestion that tlic worii Ik- pniilis-hed in book foim, under the 
joint auspices of these corporations, and the publication, now in the hands of tiie 
reader, is the result. 

It is eent forth witii a twofold object in view, vi/., to piesuit to tiie |)ul)lic 
the early and unicpie history of the County of Kent, and, imddentally, of Hk^ 
Western District; and to impress upon our people the slrug^Us of our foref.itiurs 
in acrpiiring tiie great heritage, of wliich IJiis is a part, ;ind transmitting it to ns 
with liic mural, intellectual, commercial and con.stitHtional blessings now enjoyed 
by us, and the duty imposed upon all of maintaining tliem in their integrity and 
purity. 



K. S. WOODS. 



Harkimon Hatj., April, ISitfi. 



CHAPTER I. 



3i 



lIAIMtlSOX HALL AND ITS ASSOCIATIONS. 

AVING often been asked to p;ive my recollections of the 
County of Kent iind the Western District to the |)ul)lic, 
and as " Harrison Hall " {)r(\sents a suitable occasion and 
a f^ood point of departure for a survey of the past, I have felt 
that my compliance with this request mi^^ht add a further prestige 
to our pi.ljlic buildings, and su])ply an informat or; that would 
have to be sought from many ijufirtcrs ami ])('rlia})s not with a 
success commensurate with the laboi' of the iiuipiry. 

It is . urprisin^ how difficult it is to get reliable data of some 
of the most important (events and incidents in our history, and 
what time and research are called for in the pursuit of this pur- 
pose. 

Many of my younger readers, and, I doubt not, some of the 
older ones, will have clearer impressions of the time and nature 
of certain events in our local and general history, than they have; 
had in the past and will leaiTi of some things that they wot not 
of before. 

The opening of a building like Harrison Hall is at all times 
an event of gi'eat interest arw] importance as marking the progress 
and purpose of a people. To trace the developii)ent of our 
present condition, is to run back through all our Colonial period, 
including the thirteen colonies, now tlus United States — the 
Anivlo-Furitan one — Biitain's laws and customs even to Ain>:lo- 
Saxon times, and Fnaich laws and customs with all their ])ecu- 
liarities. 

The historic association is far reaching and the backward 
])erspective a distant one. 

Here, in our Hall, we shall not only ste the every day work- 
ing of our constitutional, judicial and municipal systen s, but 
learn of their source, progress and succtess, and of events and inci- 
de of the highest interest coimected with them. 

Harrison Hall, it may be said, represents (1) an empii..i won ; 
(2) an empire lost ; (8) an empire whose supremacy is world- 
wide, and of which we ai-e an integral pai't ; and it tells us (.f 
seven forins of changes of g(. . ernment in our land : (1) the occu-" 
pation of Canada by France utider the Governcrs frtin Cham- 
plain, 1008, down to the capitulation in 1700; (2) fwu^ 1700 to 



8 



17<J1', British Militiii-y niic ; {:]) 1704 1774, the laws of i*]ii^l;ui»l : 
(4) 1774 I7!)l, the (,)iu-Ir-c Act; (o) 17!)l IS4!. the Coii.stitutiuiiul 
Act; {{')) liS4l to IM(;7, u:non of l/j)|)('i- uiul Lower Canadii, and 
(7) 1<S()7 to the present Ferleral or J)>iiiiinioii Sy^•teln. IJut let us 
''roj) tl.e ciiUjiies m,ii»I n'cvernnieiits for tlie present, and turn to 
tiie hunihler prcjportions juuI purp(j-.',;s of our historic buiidin;.'. 

First, it says that this tine structure is tin; joint product of 
two Municipal (Jorpor.itions, one the County of Kent, the other 
the 'J'own of Chathuui ; fo)' the Judicial, municipal and other 
functions of both. 

It means that suitable Law chambers have been ])rcvided for 
the Judges; that the Sheritl', Crown .Attorney, Clerk of the 
Peace, Alaster in Chancery and (Aw!^A^i of the Crown and Pleas 
and (Merk of tlie Count\' and vSurro<rate Courts have fittinu' 
apartments for their work ; tiiat the County Clerk aii'.l the City 
Clerk and the County and City Treasurers liave their oHices ; 
that tlie County Council has its tine Chambers for its delibera- 
tions ami legislative diities, as the City Council his its, with ad 
tlie accessories. Then there are the Electoral Franchise de})art- 
ments of both the Dominion and Provincial, as well as of County 
auvl City. Then the oifice of the Board of Health witli its 
authority over the City; the County Board of Ivlucation ; the 
non-denominational, non-sectarian, but eminently catholic and 
Clu'istian Chamber — the upper Chamber— where the successors 
of Dorcas, of Joppa, do their i^ood works and alms <leeds, witliout 
regard to class, color, race, reli<rion or other limitation and dis- 
]K'nse their blessin^^s through the community far and wide ; and 
further hallowed l>y beinj^ the Chamber, too, in which have been 
held nieetiny,'s liavino- for their object the carrymj;- out of the 
beneficent Act wdiich seeks to protect the Neglected and Dependent 
Children of Untai-io, the " (MiiKlren's Protective Act, 18U;j," and 
under which an organization has been eti'eeted to that end for 
City and County. 

" Harrison Hall" is the outward and visible sign of a cordial 
unity and co-operation between the two dominant Municipalities 
of the County. Not that there has been the same niunici])al 
organic connection between them that subsisted prior to the year 
liSJSO, for, for municipal purposes, they then became divided, 
under that pi-ovision in the Municipal Act that allows a town to 
withdrav from its original association with the County, even as a 
village ' ops out of the township with its new rights and respon- 
se biliti( 

Having in their co-operative efforts ^rought about the con- 
struction of this fine buildipig with its co-ordinate functions so 
entirely to the comfort, convenience and economy of the officials, 
municipalities and public, and the .security of their records and 



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properties, we may feel assured tliat wlieii their common interests 
are to lie materially beneHtted, whether by roads or other enter- 
i)rises, thev will aijain be found wo''UiiiiX together, as in this 
instance — the 'J'own in its receipt development into a City by the 
omnipotent power of the Lej^islature, havin<^ increased responsi- 
l)ilities and capacities thrown upon it 

Hirouj^h the courtesy of Mr. Flemin<^, tlie County Clerk, I 
am enabled to present your readers with this sketch of Harrison 
Hall and am sure that all will accord it a full measure of praise 
for its style, design, purpose and position. 




HARRISON HALL. 



It stands on the trianoular block, No. 87, Old Survey, S, S. 
of King street ami between -Hh and Gth streets, fronting on them 
and on Wellington street and looking \\\) Centre street. 

By deed of 19th Juno, ](S.S!), between Charles R. Atkinson, 
of Chatham, escpiire, of the first part, and the Corporation of 
Kent and the Corporation of the "^I'own of Chatham, of the second 
part, and John McCregor, of Tilbury East, gentlenian, Hugh 
Malcolmson, of the Town of Chatham, merchant, and John A. 
Langford, of Harwich, gentleman, o*' the thiivl part, in consider- 
ation ol $*),')0().00, it Was conveyed to the last named parties of 
the third part on certain trusts. The position is the most central 
in the, Town, and preferable to the proposed one in Tecuciseh 



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Park. The eust .)i' tliu l»uil(lMi<>'. with its hcutiii^i' und water 
systeiDs and its Hno vaults for tliu several otlices was .SJ^*S,''^0;}.UD, 
the County paymir ^:i.S,<i.')2.:52, aii.l the Town !i5:>,o 00.77. 

The huiltliuL;- is liv/antiue in its architcetui'e, with heavy 
stoiu,' I'ountlation, pressed Wrick siiperstiucture, triniuied with 
Ohio free stone, slate root, with its towers, turrets, dormers, etc., 
liavinu a front.i^xe of one ImndretJ and twelve feet on Fiftii street, 
one hundred feet (;n i."5i.\th Street, and a circular frontage of 
forty eight feet on Wellington Street, extreme width, eighty-one 
feet. The streets are ilagged and |»lante(l v\ith trees and a 
spirited fountain refreshes the neighboihood ; begun in the Spring 
of I >S,S!), it was h'nished in LSUO and occu|)ied on the First of July 
of that year. . ■ 

TlIK LAVlNO OK THK FOUNDATION' STONE. 

The corner stone was laid by the (irand Lodge of Ancient, 
Free and Accepted Masons of (JaiUKla, on the •^7th day of August, 
A. 1). iSiS!), A. L. ;"8!S1J, 1 give an txtract from the oflicial report 
of their proceedings : 

'■ Prayer having been wiid l)y the Grand (chaplain, the acting 
Grand Master read the following scroll, which was deposited 
beneath the foundation stone: In tin; name and by the favor of 
the glorious Architect of heaven and earth, on this 27th day of 
August, A. D. 1889, and in the era of Freemasonry, Anno Lucis 
r)889, and the 5'h'd year of the reign of our gracious sox'ereign, 
Victoria, Queen of Great Britain and Ireland, Kmpress of India 
and the dependencies in Europe, Asia, Africa, Aust alia. Dominion 
of C^anada, etc., etc. 

His Fxcellency the Rt. Hon. Baron Staidey of Preston, G. 
C. B.. beino- Governor-General of Canada. 

Hon. Sir. Alexander Campbell, K. C M. G., being Lieutenant- 
Governor of Ontario. 

Rt. Hon. Sir John A. Macdonaid, G. C. B., beinu' President of 
the Council and Premier of the Donunion of Canada. 

Hon. Oliver Mowat, Q. C, being Attorney General and 
Pren)ier of Ontario. 

Archibald Campbell, Esq , M. P. for Kent. 

Hon. David Mills, M, P. for Both well. 

James Clancy, E.sq., M. P. P. for West Kent. 

Robert Ferguson, Es({ , M. P. P. for East Kent. 

Archibald Bell, Es(<., Ijeing Judge for Ki nt. 

Robert Stuart Wood.s, Q. C., being Junior Judge. 

.lohn Mercer, Esc) , Sheriff. 

Sidney J. Arnold, Treasurer. 

William Douglas, Esip, Clerk of Peace and Crown Attorney, 

Robert O'Hara, Escp, Master in Chajicery. 



11 



inion 



Win. A. Canipboll, Dopnty Clerk of ^.ho Crown, otc. 

The Joint Buildinif (yoninnttee — Kor the County of Kont: 
John A. Langford. ehiiirnian ; John Howut, L. E. Voijfler, Jolm Iv. 
Morris, Thos. L. Fardo, Geor;jfe Jolms, T. 15. ( Jillnrd, .John Turner, 
W. A. Mills and Jolin Me(Jrei;or: for the Town of Chatham: 
Hiiirh Malcolnison, Mayor: Jolin A. Walker, Donald M. Christie, 
Andrew Northwood and Manson Canipliull. 

Architect — Thos. J. J{\itley. 

Cleric of the Works — James C. Fleniini^. 

Contractor — Hi'othei- Courtney L. Hahcock. 

Town Council — Huoh Malcfjhnson, Mayor; John Flook. 
Manson Cain])l)ell, Jolui A. Walker, John Wanless Andrew 
Northwood, George K. Atkinson, John Carpenter, N. J. Bogarb 
Donald M. Christie and O. B. Hulin, Councillors. 

John Tissiu'an, Clerk. 

Robert C i' leining. Treasurer. 

This corner stone of Ha'-rison Hall was laid by Richard T. 
Walkeni, Esq., Q. (/., Most Worsliipful Grand Master of the Grand 
Lodge of A. F. and A. Masons of Canada, attended and assisted 
by the Grand OHficers and a laigi; concourse of the Brethren, in 
accordance with the ancient usages of Masonry, which may God 
prosper." 

The Grand Master, in the course of his addre.=s, said : 

"It is peculiarly appropriati; tlie cornerstone of such an 
edifice as this .should be; hiid by a body possessed of theanticpiity, 
history and origin which 1 have mentioned. The principles of 
Freemasonry are identical in character with those of whicli this 
building is a .symbol — the spread of law and of wisely ordered 
government anc^ civil lil)ei'by." 

The " Hall " we see is a representative one, composite in its 
inception, as it is in its arcliitecture, Jiiaterial and purpose, the 
fruitage of a very happy relationship between the 1'own and 
Count3'. 

And now what of the name "Harrison Hall"? Why so 
called ? I might almost say the motif for my paper ari.ses from 
this inquiry. So many p(^o])le do not know why it is so called, 
and think it oui»'ht to havi; liad anothei' name. It is W(;ll named 
after our honored Chic'f Justi< (! of the (Queen's liencli, the Hon. 
Roberf Alexander Harrison, and yet, aa the serpiel will show, it 
might with jvs good reaison have been callerl after the Hon. 
SanuKil Bealy Harrison. 



THR NAMESAKES. 



There i.s a striking parallelism in the lives and pursuits of 
the two men. The Chief Justice was a Canadian, an able .ludjje 



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ant] a legal author of distinction. He was taken direct from the 
Bar to the CJhief Justiceship, of the Queen's Bench, with the 
title of " Chief Justice of Ontario," hy the Hon. Edward I^iake, 
as Minister of Justice, althoufi^h differinnr in political sentiment, 
an appointment alike honorable to i)oth. His i^reat work, the 
Municipal Manual, made his name a household word wherever 
Municipal matters were heard of. In some respects it was with- 
out precedent in En<(land or the United States, and pccidiar to 
him. Then the Common Law Procedure Act, a work of ^a-eat 
labor, research and value, followed, as indispensable to the lawj-er 
as the other was to the municipal man ; the; County Courts ^^ro- 
cedurc Act, the New Hides of Court ami a Dii^est of the llcports 
of the several Courts of Ontai-io from the earliest days, and otlier 
volumes made him known in En<;land, the United States and the 
British Colonies as an author of repute. Then, in 1 877, he was 
one of the three arbitrators who fixed the northern and western 
boundaries of Ontario, Sir Edward Thornton, tlio iJritish Minister 
at Washington, and Sir Francis Hincks l)eini,' the otlu^"- arbitrators. 

He was al.so the member for Voronto in the J)ominion l^arliament, 

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and died in l<S7tS, at the <'arly nj^o of forty-five. 

And now comes the namesake^ — the Hon. Samuel He-dey 
Harrison. Ho was -an Knulish lawyer of distinction, and known 
lon<j before he came to Canada to h've, as ho did in l!S.'}7, 
as the Author of Harrison's ])i<;est ri the decisions in tlu^ 
Enf^li.sh Courts from tlie year l7-i0 lo 1.S.S4, an edition of 
Woodfall's Landlord and Tenant and other works of inei-it. In 
f8.*jn he became private secretary to our Lieutenant Governor, 
Sir Geori^e Arthur. In 1841 he cnteied fjord Sydeidiant's (}<<)v- 
(!rnment as Provincial Secretary, and in July of that y(^ar intro- 
duced the bill which pive to Upper Canada her Municipal I.isti- 
tutions, as well as the celebrated Resolutions v/lich irave us 
Responsible Government; and the first p;enerid School Bill for 
Upper Canada, and was the Minister of Public Works, and was, 
later, Chairman of the l>oard of Education for Upper Canada in 
1848. In 1841 he contcstMl Kent against my brother, Mr. 
Joseph Woods, who defeated him, wdien he was returned for 
Kinii;ston, then the seat of (ioverimicnt of United Canada, but in 
1844 he again, and this time successfully, conte-ted the County 
against my laother, but never took his seat, for, before the meet- 
ing of Parliament, he accepted the Judgeship of the Surrogate 
Court of the Home District, and later became Judge of the Home 
District, including the City of Toronto, which he held until his 
death in 1807, in the 66th year of his age. He was called to the 
Bar of this Province in 1889, was made a Queens Counsel in 
1845. It was his conscientious .sciuples as to the infliction of the 
death penalty that prevented his acceptinj> a seat on tlie Superior 



^^roat 



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Court nonch, but upon ll,o County Court he conl-errcl a urw 
(Ji<,mity l.y becoiniriir one of its ju(l«>es. 

1 . ??•■ Pt"'"1" ^V"" '^'^"'•"'il.'in "peakin.r of the J)i.rcst of the 
ate Ch.et Justice (Robinson fe Harrison srsavs. not t7,e la t ? 
the clanns whi.h that most e.tin.abie and ace mnplishe.l .-■ -nt e 

This nr^"" ^- K H'V;''^'^"- '^ "" ^"'^ ^-tefuf .eu.eLb.'ln^e 
L r r.T'''"''' "-^^thren, ahUe of the English a.ul Ontario 
Jiar, IS that he vva.s the hrst author of a thoro..>;i)|y oood J)i,.est 
winch was not only l^st in his own ,l,-,y. l,ut the Wireet an c^; tor 
of the best in ours. Ha.l th.re l,een no " Ifarrison." there wouhl 
have been no '; FYsher," an.l worse still, to the Onhrio lawye 
least, no " Robinson and Harrison." ^ 

.In -e,s, both were Members of Parliament: both w.iv k-al 
authors; both reporters of the Queen's Reneh • both closely 
relate( to our IV nnic.pal institutions, the one as the father of 

moTAf H ^''/ '1' commentator; both .i,^reat workers an< I boMi 
men of the hi^^hest character. P.dmam mil n.cult 

Bomoastes says, "1 can't ulvise. Ton n.y soul, I can't." As 
the hyphen IS so much in vo^^ue these days why shouhl it no. 
solve the problem, and evolve the euphonious duality of 

" irAHHIHOX-flARUrsoX IIALI,." 

What do you say, impartial reader '. 



->^^ 




'/^^^ 



*^-^{q-^ 



14 



CHAPTKIl IF. 



MU\Trn>AL OIKSANIZATION AND DEVELOPMENT. 

~l/'()\V Kent, in contniDn with hor sister iimnieipalities of On- 
'gV tario, has frrown ! Wiiat a system the innnicipal one is and 
^^ ^ how apt we are, ftoiii our familiarity with it, to niuler-rate 
or forii^et its excellencies. It is a machine of infinite capacity and 
expansion so facile and a<laptative to every demand, tliat it 
enables you with ecjual ease to make a cidv'ert over a ditch or 
hoi'row a million of dollars, as has hcen shown in our own County 
with the iirain>r^e laws. 

An American Statesman lias said of Municipal Institutions : 
" Profound investii>ation has been made from time to time a.s to 
the historical orii^in of these little municipal organizations, but I 
am content to leave* the (picstion where Joiin Milton l,:ft it 200 
years ajjo. 'But I say,' said Milton, ' even towns and liurrou^lis 
are more ancient than kin^s and thnt the people is the people 
though they should live in the open fields.' The rinht and the 
duty of the citi/-en to understand and manai>e tlieir own local 
affairs; to estal)lish and su])printend their own schools; to organ- 
ize and enforce their own police ; and lay and levy their own 
taxes, and to regulate and control the cxjienditure of the moneys 
raiseci by taxation ; freely choosini;- their ownajfents for all these 
local ])urposes, and their owni representatives for the larger con- 
cerns and counsels of the connnonwi^alth — the possession and 
exercise of these special powers and obligations of municipalities 
have done more than all other things to (piicken the intelligence 
of the Avhole jienple and make tliem ca]>able of achieving and 
upholdijig the prosperity and the lil)erty in which we now rejoice." 

(ireen, in his History of l:Cngland, says: •' In England the 
history of the town and of the country are one — the privilege of 
the burgei" has spet'dily widened into the lii)erty of the peo])le at 
large — the municijial charter has mergeci into the great charter 
of the realm. 

"All the little troubles over toll and tax, all the little claims 
of 'custom ' an 1 franchise, have told on tlie general advance of 
liberty and law. The town motes of the Norman reigns tided 
free di.scussion and .'•elf-govei'nment over from the Witanagemot 
(or asseird)ly of wis(> men) of the old England to the Parliament 
of the new. 



15 



" Tlu! liustiiin- coui-t with its i-t'sc^lutc jissiTtiuii ot" Justiee liy 
one's pt'i'iN, iTiwi". us tli<' wlioli' raliric of our judic-lal loi^'i.slatioii. 
Tlif foiitiiit iital ti uii lost its itii|i\iilufility by sinkiii;^' to the Ii;vi'l 
ot tlu' l.iiid I'roiii \viii(;li it Imd isolated itself. 'Ilie b^iij;lisli town 
lost its indi\ idua'ity l»y liflinj; the country ut lar^e to its own 
le\el of freedom and law." 

Fii/hlx /nit'/'il far fnctloni, he calls these efforts. 

(•OAIMISSlOMi:US' UKI'OKT. 

An interesting study of our nnniicipal liistory is here open 
to us, and the ('anailian student will find liiniself aifreealily aided 
in it hy the reports of the Ooinnnssioners, a[)pointi'd i>y tlie 
( )iitaii(j (lovernnient in l.S(S7, to collect information and report 
with refeience to certain munici|)al and otlier matters, which 
reports appeai'ed in I .SSN, the Conunissioners hein^- tiie Hon. 'V. 
\\ . An^lin, K. K li dohnson, (^. ('., and William Houston, M. A., 
name's well kn(nvn in Ontario and Liivimr every !JUii'"'i"tee of an 
exhaustive and ])rofital»le in([uiry. 

'I'he Commissicners s.",y they vvei'e directeil hy Connnission 
under the ^^reat seal of the I'rovince to collect ami rejiort on, foi- 
the information of the Lei^islature and the (loverinnent of this 
I'l-ovince. the constitution, •'ove'rnment and laws afi"eclni2- muni- 
ciprd institutions in otlier counti'ies and ])rovinces, and the work- 
iiii^- of tlie same and any {)roposals which have bi'en made and 
not yet adopted for their improvement, witli special reference to 
any material ))articulars in wdiich such constitution, goverjnnent 
and laws, especially in the case of cities and counties, ilifl'tM- from 
the ccjnstiiution, /government and laws of municipal institutions 
in this I'rovince and also to make (MUjuiries with reference to and 
report on the local machinery in use or necessary to secure the 
due administi'atio'i of criminal justice. 

The scope ot* the enquiry we were thus instructed to make 
is manifestly verj' wide. We found the materials within our 
ran<4e very meaf^re. The works on municii)al institution to he 
found in the Leifislative Libi'ary are tew in nundjer, none of thetn 
were written for the purjiose of facilitatin»if such an en(juiry, and 
nearly all of them were published before some ot the important 
amendments of the laws, Avhich liave materially changed the 
character of ttie municipal institutions of (Jreat Britain an«l of 
many cities of the United States were made. 

We endeavored to procure copies of the recent Acts of State 
Lejfislation and of State works bearinf^ upon this subject and 
such information "[enerally as we believed to be necessary in 
order to carry out our instructions fully, but our ettbrts in this 
direction have not been as successful as we could wish. 

We find a more profitable field for enquiry in the United 



IG 



Status. I'Voiii tliiit country vvu luive hiorc irmiu'diattly recoiviMl 
our systoin, at li'iist in (jutline. The circuinstaiiccs (jf tliu ju'opltj 
of tlwit couutrv more iioirlv rcscuiblo our own in url»un and in 
rural distrifts and wu can reasonahly conclude that whatever 
works satisfactorily amorij^st them is not wholly unsuited to us. 
The township system as distin<fuished from what is some- 
times called the county system, was adopted in New England 
from its s'iiYy first settlement. How this came t'j pass no one 
seems precisely to know. The system had hecome ohs(;lete and 
almost f()r!.;otten in Kii^land and there appears to have been no 
attempt to restore; it durinjj^ the time of the Commonwealth. In 
their second report the Commissioners say: In our first re])ort of 
March, i(SSS, we endeavored as well as tluitinie and nutans at our 



d(J 



disposal would allow, to ])lace uetore the lje;j[islature and iio\ern- 
meiit of tins Pi-ovince, accurate and detailed infcn'mation res])ect- 
iiiif the tiatnre and workin-^ of municipal institutions m other 
countries. Our iiKpiiries covered (ireat Jiritain, Ireland, (ler- 
many, France, the ITnited States of America, and the Canadian 
Provinces of Quehec, New Brunswick. Nova Scotia -.wvy Pi-ince 
Edward Island. We dealt also to some extent with municipal 
institutions in Ontario, takin<f the opinions of many exj.erts on 
tliiiir workinif and alleired defects. In the course of our investi- 
Ration of the Ontario system, we were forced to the conclusion 
tliat the system is now one of (lie best m the wtrld and that it will 
continue to he one of the best, if from time to time we make 
those chan.<.jes and only tiiose wdiicli the most dijliherate consider- 
ation shows to he necessary or desirable. To facilitate such con- 
sideration by artbrding a comprehensive view of the pr()>ri-e.s.s of 
the Ontario system we have made a thorouifh search of the 
statutes and Parliamentary proceedinns of tlie Province." Ar'd 
then follows an Historical resume of the Jesuit of their incjuiries 
in a volume of \i'2*.) pages, ineludini^ the first report, to which 1 
have much pleasure in referring tlie reader. 

Mit. m'evov's essay. 

The essjuy of J. M. McEvoy, of London, Barrister-ut-law, on 
"The Ontario Township," and its introduction by Professor VV. i. 
Ashley, then of Toront*^ University and now of Harvard, Cam- 
bridu*', n>'iv be also read and studied with much beneHt. 

Professor Ashley says that "nothiii'f is more striking (o the 
intellectual history of our own time, nothing more full of hope 
than the growing interest excited by political science. It mat- 
ters luit little wliether it is called by that name or diviJed into 
its various elements, 1 istory, econoimes, administration, public 
finance and the like." Certaiidy, the recent battle that has just 
been waged in Toronto University, by th<;) Political k^cience Club 



17 



ami its synipiithi/ers, with the iiutlioritifs (4* t'lc C' illcijo, ro<' t- 
itii^ in )i (Jovi'rntiii'nt ('OHi mission with tlic ('hicf Jus ice ol* Mnn- 
itoba Its its chiiii'iiian, i^ivc^ cil^jc to this ()[)ini()n. 

Mr. Mcl^voy hc^^ins his iiitcrfsti'i^ nioiio^^iMph wit i ihi- Act 
of 17!)3, innpoworiii}^ thf inhahitnuts of townships to t'h'ct cfitain 
officers, and says it is custonwiry to sav<h»tiirio is divided into 
counties, and that these counties are suh-<Iivi(h'd into town■^hips. 
It wouhl he nearer thi; truth to say that Dntaiio is divided into 
townships and that those townships are ;rrouped into counties; 
the first ijjroupini^ havin^f taken phic.i in 17iSN into tlie Districts 
of fjunenhur;.', rilecklinl)ur^di, Nassau and Ilessc; thest> hcin<; 
changed filter into the Eastern, iVlidhmd, Home and Western, with 
later <jjroupin<j[s, 

"The township is th.e unit to whicli much of the centralized 
power and authority of tlie State has steadily, thoULdi sh)wdy, 
iilt(!red (h)wn ; and while it has always hf*;n the smalL'st unit of 
self-}^overnment, it has also ()een that in which tlie people have 
most directly participated in the work of jjfovernment. 

To persons who to-day see the extensive and intricate work 
done hy our County and Township Councils, the (juestion arises, 
' How was this work done under the town-meetini^ system V A 
larjifc proportion of it was not done at all. The Pn)vinci)il Le<^is- 
lature did some of it, the j^reat trunk roads havini^ been built by 
comnnssioners aj)pointed and paid by the (Jovernment. But tlu^ 
great part of the administration of local afiairs was in the hands 
of the Magistrates in Quarter Sessions. They possessed wide, 
judicial as well as administrative, and taxing powers." 

I can't agree with Mr. McEvoy in his depreciation of this 
Court or of its members. 

QUAUTEIl SESSIONS AND J P.'s OF THE WESTERN DISTillCT, 1841. 

In the Western District, in my early years, they were as 
intellectual and re[)resentativo a body of men as could well bo 
found in any country and I hrve endeavored to preserve their 
names by ^dving the list of th Justices of the Peace for the 
Western District in 1841 : 



Charles Eliot, 
James Gordon, 
Francis Buby, 
(jioorge Jacob, 
Jean B. Baby, 
Wm. Duff, 
John Dolson. 
Wm. McCrae, 



Francis Caldwell, 
Duncan Warren, 
James W. Little, 
Joseph Smith, 
Robert Innes, 
Henry VanAllen, 
James Read, 
Wm. Gaspe Hell, 



Wni. L. Baby, 
John F. Elliott, 
l^rooke Young, 
*George Duck, 
David H. Gesner, 
R. E. Vidal, 
Rowland Win<ifield 
Wm. Taylor, 



tJ^uI/ 



*Y\o\\\ this downwards are new magistrates. 



Ks 



Wm. JoncH, 
Isaac liell, 
(Jc'or^'o P. KinN^y, 
Ihincan McCircj^Dr, 
Alatthow Klliott. 
('harlcs Kortier, 
Win. K. Wri-lit, 
Jolin Prince, 



Will. Giflord. 
(it'or^t! Ironsidt'H, 
Will. Dntr, 
Win. Klek-licr, 
Lioiu'l H. .lolinHon, 



T, Southorlatiil, si„ 
tlainos IvUtldlt', 
Alt'xaii(l(!r .1. W'allcti, 
David M. Coll, 
Will. Cos^ravo 



Danit'l T. McDonald, Suinucl Arnold, 



Tlios. Williaiii.s, 
Tlio.M. McChao, jr., 
.Ioso])li Woods, .lolin A. Wilkinson, 

'/mm Alfred P. 'I^iv1h><*<>u, Charles Askin, 
Fronie 'i'alfouid. Robert jjacldan, 

Oor^e Durand, James ])ou<;all, 

Matthew W. Fuar, Robert Reynolds, 
Thos. W. Rotlnvell, John Ferri.s, 
John Scratch, . Horatio Nelson. 

\clectvtje IHidmiH-H (S>i-ily;^^r/^ Benjamin [javalle, 
John C Watson, Samuel Gaidiner, 
Lewis Cordon, Robert Mercer, 

James Askin, Thomas Renwick, 



Thos. W. Smith, 
Henry Han well, 
.lames Raby, 
Josiah Stronj;, 
John (J. W^eir, 
Charles R. Nixon, 
Charles A. Smith, ' 
John K. VanAUen, 
Jlichard Dobbyn, 
Norman L. Freeman, 
Archibald Voun<;, 
Thos. Hill, 
John Sloan. 



The t'ollowinir names are omitted in the new commission : 



Wm. Ambridi^e, 

Henry Jones, sr. 

V. Sumner (deceased), 

Win. Anderton, 

Daniel O'Reilly, 

(Jordon Buchanan, 

Win. McCormick (dcceascil), 

Nathan Cornwall. 



Claude Gouin (resig.), 
H(>nry Jones, jr., 
Goorije Hyde (resij^.), 
Robert Watson, 
A.J. E. Vidal. 
Field Talfourd, 
Louis Rendt, 
Harry Allison, 

Until IS4.") the Chairman was not required to l)c a profes- 
sional man, but after that the Jud;j;e had to be a barrister of five 
years' standinfij, but, as a rule, the most experienced and able 
Magistrate of the District was appointed and re-appointed from 
year to year for a succession of years, just as I remember one of 
our Wardens of this County, ]\Ir. .lames Smith, of Dawn, beint^ 
continued in the office of Warden for ton consecutive years with- 
out opposition. 

But what is remarkable is that up to this day in Enfjhmd a 
large portion of the administrative work of the parish i> done by 
the Quarter Ses.uon8, in conjunction with the Parish Counci's, 
showing that England, with all her progressiveness, appre- 
ciates the capacity of the Sessions, both as a legislative and 
administrative body ; and then it is to be remembered that the 
Parish Councils have only recently been brought into existence, 
even in the City of London (1888), while Canada, since 1841, has 
had her County Councils. 



10 



'' 



T.onnS DUUIIAM ANO SYDENHAM. 

\Vliil(! lionl Durham, in his cclchriiteil ri'port iJ])on CjuukIu, 
l.S.'Ji), rotVirod to un<l recoinim'ndcd thi; adoption ol" niunieipiU 
institutions, tlio Act of l^nion eontainud no reference to* tnis 
important measure. 

His Excellency Lord Syd((nliam, however, in the* speech 
from the throne on t^e o])eninu; of Parliament on the 2()th of 
May, 1.S41, first I'arliii i' iit of United Canada, made it the sub- 
ject of s])ecial reference ii; these words: 

It ajjpears liiL^hly desirable that the principles of local self- 
ijovernmt'nt, which already prevail to some extent throu<,du)ut 
that part of the Province M'hich was formerly Upper Canada, 
shoultl receive a more extended a])plication there, and that tlio 
])eople should exercise a j^reater degree of power over their own 
local affairs. 1 havo directed a measure upon this .subject to be 
submitted to you, and I solicit your earnest attention to the 
establishment of such n form of local <rovernment for tliose diH- 
tricts of the Province which are unprovided with it, as may 
insure satisfaction to the peo{)le, whilst it j)reserves inviolate the 
the preroijative of the Crown, and maintains the administration 
of justice pure from party and popular excitement." 

This was folhnved by the introduction of a Bill on the 14th 
of July, by the Hon. Mr. Harrison, as already stated. . 

FIRST MUNICIPAL ACT. 

From personal observation as a young man, attending the first 
Session of United Canada, at Kingston, I can recall the passage 
of this Municii)al Act, and the fierce struggle on the floor of the 
House in which it was carried. A very erroneous imi)ression is 
still prevalent in Ontario witli reference to this important Act, 
and as to which ])arty we are indebted, for its adoption, most 
people referring it to the Hon. Robert Baldwin and his Govern- 
ment for its paternity. But it came from Mr. Draper's Govern- 
ment, from which Mr. Baldwin had retired the first day of the 
Session. The order of the House was: "That the Honourable 
Mr. Harrison have leave to bring in a Bill to provide for the 
better internal Government of that part of this Province, hereto- 
fore Upper Canada, by the establishment of local or municipal 
authorities therein." 

It was resisted with great bitterness as a measure introduc- 
ing democracy with universal sufferage and all its attendant 
evils, while some opposed it as a matter of "tyranny" and as "a 
fatal enlargement of the powers of the Executive." It was called 
" liberal without precedent," " republican and democratic," " an 
abominable measure," " a monstrous abortion." Sir Allan Mac- 
Nab, the Hon. S. Cartwriglit, Hon. Robert Baldwin and others 



20 



under tlie rule of these leaders opjwsed it. Mr. Baldwin moved 
tile .si.x months hoist. He al.s«> opposed the Couneds iiaviui,' the 
power to horiow any sum or sum.s of money whatevei* u})on the 
credit *(»f their lespective numicipal districts or of the pro|)e)'ty 
l)eloni;iii<>; to them in their coi'poi'atc capacity or in any way 
Vvdiatevei-." And this power was not oivcm to them. 

A.i;aiii, Mr. lialdwin moved that the 8th clause of the ]3ill he 
amended bv strikinir out the nords, " .'}()() inhabitants and house- 
holders on assessment list as aforesaid," and inserting in lieu 
thereof the words, " JJOOO souls." " : • 

Mr. Baldwin also moved, "That the said Bill he reconunitted 
with instructions to the connnittee 'to limit the jurisdiction of 
the local authorities thercoy proposed to be established to can- 
ties and ridings,'" And yet lie was in favor of municipal institu- 
tions, and gave us, in 184!), the more enlarged system. 

So jealous was the House of the prerogatives of tiie Cro\v'n 
that the Executive retained in its own hand the appointment of 
the Wardens. I have often, in the long interval since the pass- 
age of this Act, reflected upon the extreme conservatism that 
marked the Governments and peoples of the world in viewing 
tverything in the way of reform, or I had almost said, of pro- 
gress. This was in ipient Home Rule, and the Home Rule ques- 
tion of the present day in Imperial politics has hardly been 
regarded with more aversion, or greater fears for existing insti- 
tutions anu the integrity of the Empire, than this moderate 
municipal measure, and I can recall many other questions in 
which the same fears have been expressed, notably Res])onsible 
Government, wdiich provoked as much political rancour and 
dread as the rebellion itself; the Rebellion Losses Act, which 
nearly led the Conserviitives into rebellion on the passage of that 
Act in April, 184!), and did lead to the burning of the Parliament 
buildings and the removal of Parliament from Montreal for all 
time to come. And, perhaps it is not generally known, that side 
by side with this Municipal Bill, were the Resolutions of Parlia- 
ment which gave us that great change in our constitutional life, 
known as "Responsible Government." or the administration of 
affairs in accordance with the well understood wishes of the 
people. 

The Act 4 and o Vic, Chap. 10, entitled: 'An Act for the 
better internal government of that part of this Province, which 
formerly constituted the Province of Upper Canada, by the 
establishment of local or municipal authorities therein," went into 
operation on the first of January, 1842. 

FIRST COUNTY COUNCIL OF TH3 WESTERN DISTRICT. 

Sandwich was thrn the county town of the Counties of 



21 



Essex and Kent, united iiuinicipally and judieiiiliy, but si»[)!ir<ited 
for electoral purposes. The Council met at .Sandwich in the 
Cour*; House. There were 'H\ uiend)i'rs. The Warden, who, as 
before said, was appointed by the CJovernment, was John Dolsfii, 
Es(i., of Dover, Deputy-Registrar of Kent, the Reoistrar of Kent, 
the late Mr. Wni. Jones, of IJaldoon, doini; the work of the oflice 
wholly through his Deputy, who kept his otlice at his residence, 
about thi'ee miles down the river. Mr. Dolsen,asoiieof that lar<^e 
and influential family still prominent in this county, was one o* 
the most silent men I ever met, but he made a good Warden and 
was at the head of a Council from which material for either the 
Lej^islative or Executive Council mi<^ht have been chosen— ctdti- 
vated, intelli<;ent men with large ex])erience in township, (^)uarter 
Sessions and other duties, well <jualifying them for their duties in 
this Held. I <five a list of them as the patren cmscnptt of our 
municipal history: 

WESTERN DISTRICT COUNCIL — COUNCILLORS OT 1842. 



Anderdon, 

Colchester, ■ . 

(jrostield, 

Mersea, 

Maidstone, 

Maiden, 

Rochester, *. 

S/indwich, - 

Sandwich, 

Tilbury West, 

Caujden. 

Dawn and Zone, 

Dover E. and W 

Chatham, 

Harwich, 

Howard, 

Moore, 

Orford. - 

PIym[)ton, 

Raleigh, 

Ronniey. 

Sombra, - 

Sarnia, 

Tilbury East, ■ 

Bosanquet, - 

Warwick 



John Dolsen, Warden. 

- John Sloaii 

- - - - John Ferris 
- :• Josiah Strong 

- - - - John Jackson 
- - - - Duncan Grant 

Robert Reynolds 



George Elliott 

John G. Watson 

Dominicpie Langlois 

laomas Hirons 

David Sherman 

James Smith 

Robert Crow 

John Crow 

- William Thotnson 

George Duck 

- James Baily 

David H. Gesner 

- Thomas L. Crooke 

Joseph Smith 

Thomas Renwdck 

Duncan Macdonald 

George Durand 

Henry McNeil 

Neal Eastman 

- Abraham Infjlis 



They were aided in their labors by an able Solicitor, the late 



')•) 



Judfife Cliewett, and Mr. Jolm Cowan, tlioir Clerk, fornierly the 
editor and ])r()|)ri(4or of the tirst newspaper i)ul)li.shed in ihe 
Western Di.^triet — '" The Eniijjrant " — ^])ul)li.slied in Sandwich from 
l<s;iO to 18;37. The Solicitor used to liave IiIh seat on the iloor of 
the Council ready at all times to aid with his advice. This was 
contituKMJ when I left. Upon Mr. Chewett's appointment as 
Judi^e of the District Court, in 184'). he was succeed(;d by Mr. 
Alexander Dull' of Amlierstbur^, upon whose de.ith, i*i 1840, I 
became the Solicitor and continued so till 1841), and I recall the 
fact that the Collectors' rolls bein;;' placed in my hands for col- 
lection not less than twenty of the Collectors were in arrear, 
which made it somevhat serious for tliem and their sureties, and 
not a biid thing for tlie Solicitor. 

THE POUND-KEEl'ER. 

I am thus the ohlest Municipal Officer in the three counties, 
but 1 have an additional claim to this distinction ; for I had the 
honor of bein<; unanimously elected to the ancient and honour- 
able office of Pound-keeper for the town of Sandwich for the 
year 1845. This followed upon the election of our candidate. 
Major Watson, into which were carried all the heat and bitterness 
of the Parliamentary elections of October, 18i4, wdien the coun- 
try was inflamed upon the Baldwin-Lafontaine resignation under 
Lord Metcalfe's alleged departure from the Constitutional Rule 
of Responsible Government, in his appointment to office without 
consulting or following the advice of his Ministry. Major Wat- 
son's opponent was the late Sheriff William D. Baby, of Sand- 
wich, the law partner of Col. Prince, who had in the general 
election <lefeated our candidate. Major Lachlan. After electing 
Major Watsjn we left tl\e polls before the election of the pound- 
keepers, and then came the triumph of the enemy, and to punish 
me for my suppol't of both Majors, I was nominated as one of the 
honorable order of pouridkec.'per.-;, and, I needn't say, the proposal 
was heartily received. 1 took it quietly, issued my proclamation 
promising a faithful discharge of my duties, posted up my bills 
myself and prepared for work. The Nemesis soon followed. The 
pigs of both mover and secomler got into the pound, were 
redeemed, got in again and were sold. So their horses and 
almost everyone else's horses and cattle, so that my well fenced 
premises and capacious barns would hardly meet the demand for 
room, so po])ular became " Woods' pound " ; and the revenues cor- 
responded. That joke was never played again. I remembej' 
applying to the April Sessions and getting the by-law amended 
restraining the running at lai'ge of every four-footed beast and 
there was great wailing in the good old town by reason of t) ? 
phigue. Then there was an indictment and a conviction for pound 



a 






C7<« 






J3 



brcacli and a iinc of 'i*20, so that luy administration became (|uite 
memorable. 

DISTRICT OF KKNT. 

In 184-7, Mr. Woods, the member for Kent, carried a bill 
tlu'ough the House tbrmino' Kent into a separate di .-.tkict, known 
as tlie Distr'ict of Kent, and under it a provisional (-ouncil was 
or«'ani/ed for the purpose of pn.'vidiiii^- the new district vvith a 
suitable <>aol and court house, and on the 17th day of Au^jjust of 
tliat year it hehi its first session in Chatham, at the Oddfellows' 
Hall, and continued to sit at 'lillerent periods until it accom- 
plished its pu)'pos(3; but not without trying experience and vexa- 
tion in its elTorts to i^ive the district the tine gaol and court house 
it did, at a cost of €4755 2.s. 2d. The members present of thi.s 
(/ouncil at its first opening were: Messis. Aubry, Crow, Duck, 
Henry, JMawlam, Mitchell, Ruddle, McKellar, Simpson and 
Thom])son. Their constituencies are not given. None of the men 
of the ten northern tov. nships appeal jis pnisent, and at tlu; next 
meeting in October the abent Councillors are mentioned as being: 
Campbell, Durand, Fisher, Heatherington, Hyde, Kelchum, Mfiw- 
lauj, McKellar and Moorchouse — both northern and southern 
members. Mr. Duck was Chaii'man of this Council. 

In 1849, by 12 Vic, c. 78, Mr. Baldwin's Municipal Act, dis* 
tricts were al)olished and counties substitutcl, and Essex, \\vA\t 
and Lambton united by chap. 7!> of the same session, and the old 
relation with the County of Essex continued until the proclama- 
tion of the Governor General at the end of the year 1850, a period 
of S years and 4 months, declarina- the separation of the County 
of Kent from Essex, prior to which, in 184!), the ten northern 
townships had been taken from her and set apai't as the County 
of Lambton and united to Essex for judicial and municipal pur- 
poses, but retained for electoral purposes, and tlie Hon. George 
Brown was elected in 1851 for the two counties, Kent and fjamh- 
ton, defeating Mv'ljim.it* Njiiv«»*»i» Lambton was proclaimed a 
separate county on tiie 30th of Septendier, 1853, and since then 
has had her own M. P., M. P. P. and County Councils. 

On the 27th of February, 1851, the first meeting of the 
County Council took place in the court house, the change from 
district to county having been made, as just mentionetl, by Mr. 
Mr. JJaldwin's Act, which gave us the more extended .system of 
Municipal Government, including countie.s, townships, cities, 
towns and villages. 

The new members of the County Council in 1851, under the 
new regime, the old ha\'ing lasted eight years, were : 

Tilbury West. - - - Pierre Charron 

Tilbury East and Romney, - - .lohn Wilson 



24. 



llaleii^h, 
Harwich, 
Howard, 
Orfor.l, 
Chatham Tp., 
(.aniden and Zone, 
Dover E. and W., 
Chatham Town, 



Nathaniel Hughson 

- John W. Shack leton 

George Duck 
Daniel Moorehouse 
William A. Everitt 

- : - James Smith 

Robt. Mitchell 
- Geor<i;e Weatherspoon 



George Duck, Esquire, was elected Warden. Mr. Duck had 
sat in the Western District from its first session. January, 1842, 
and l.een Warden of it, and now became the first W^arden of 
Kent, and was one of the most useful men in the Councils, as his 
son, Mr. John Duck, also Warden, has been. 

Mr. William Cosgrave was made Clerk and continued so 
until his death in 18G7, when Mr. James Hart succeeded till 1872, 
when Mr. Daniel Kerr succeeded him and continued till 1887 
when Mr. Fleming, the present office'', followed him. 

I recall the fact that I had in the previous month come from 
Sandwich to live m Chatham, and addressed a letter to the 
Council at their session upon the expediency of aidirg the Great 
Western Railway by taking £50,000 of stock in it, and at the 
recjuest of the Council spoke in its support at the bar of the 
Council. Tliey did not subscribe, and six years afterwards I had 
the satisfaction of pointing out to them that if they had followed 
n-iy advice they would have had an income that would have paid 
the entire expenses of the County during the period and given 
tliem all their money back. 

That montli our new Court House was opened and his Honor, 
William Benjamin Wells, pi'esided as the first Judge of the County 
of Kent at the Quarter Sessions and County Court, and I remem- 
ber making the first speech in the Chamber. Mr. George lAick, 
Jr., had become a barrister and was Clerk of the Peace, while Mr. 
Peter Paul l^acroix was the first Deputy Clerk of the Crown and 
Clerk of thr ^ 4)unty jvnd Surrogate Courts. 

I avail myself of a page in Dr. Bourinot's last work, " How 
Canada is Governed," which I think sho'^ld be read in every 
household, to give the historic cirigin of names of municipal div- 
ision.y and of their offices. 

HISTORKJ ORIGIN OF NAMES AND OFFICES OF MUNICIPAL DIVISIONS 

AND AFFAIRS. 

In the names of the municipal divisions and of the machinery 
of municipal administration, we see examples of the closeness with 
which Canadians cling to the names and usages of primitive 
times of English Government. The "township" carries us back 
to the early days wlien our English forefathers lived in their 



25 



luck, 
Mr. 
and 

How 



IIONS 



village conitnunitios, of which the " tun," or rouj^h fence, or hedge, 
that surrounded them was a feature. 

The chief ollicer or head man of the township was the *'eeve, 
who as an "active" or "excellent" mendjer of his community, 
took part in the various asseml)lies (moots) of the people. The 
" alderman " from " earldorinan," or elder man, is a link connect- 
ing us with the early government of shires,* and was an ofhce of 
high dignity, still represented by the English lord lieutenant of 
present times. 

Our " riding " or electoral division (as the East and West 
Ridings of Kent, in the Ontario Elecioivil Subdivision) is a 
changed form of " thriding," or " triding," or a local district made 
and named by the Danes in English Vork.shire. The ancient 
English shire, which was under an " earldorman," for civil and 
military ])urposes, became a "county" in Norman times, because 
a count (comte) or earl replaced tlie former functionary. 

Our representative body for the local government of a county 
is no longer called the " folk moot," but tlie " council," which 
comes to us from the Normans, who again adopted it from the 
Latin concilium, (or a " collection " of people). 

The mayor was an important officer connected with the 
royal palace of France, and has also come to us from Norman 
times — it8 original meaning of "greater" {major} having been 
gradually applied to a principal officer of a local community or 
municipality. 

The "' parish " iias its origin in a Greek word, iirst applied in 
early English and Fi'cnch times to a " circuit," or district, pre- 
sided over by a priest or vicar, and which, for convenience sake, 
was formed into a civil division. 

" Bydaw " means simply the law made for the government 
of a " bye," which was a name given by the Danes to the old 
English " tun," or township. 

MUNICIPAL PURITY. 

There is no question that is occupying more attention than 
the municipal one in Canada, the United States or England. 

The conflict that has raged in New York, both in the City 
and the Legislature, in order to the remedy of the great evils 
disclosed by the labors of Dr. Parkhurst and others, has com- 
manded the attention of the world ; and to-day we see the result in 

*The sheriff was in Saxon times the judicial president of the ncir-gemot, or 
assembly ; (gemot) of the shire (scir) one ot the divisions of the English iiingdoma. 
He was the "reeve" or headin'tn of tlie shire, the Hfir-ye.rafa, which has in *!ie 
course of centuries been softened to sheriff. In Norman times the shiri became a 
county and its government, judicial, military, and financial, was practically 
excecuted by the sheritf, who was directly responsible to the king. In the course 
of time he was deprived of his large powers, and became a purely civil officer. 



2G 

«f purtrthis^reat c'rtbrt at reform, in thesulnncrj^ing of Tain:;iuny, 
and tlie installatioii of a man f-uch as Colonel Strong a"^ Mayoi", 
and ^^oliee Conimissioner.s, with a Roosevelt at their head. As in 
New York so in Ciiicairo, Detroit and elsewhere. Anil as we 
liave seen on our .side, hoth in Toronto and Montreal. What 
stru^^des liave taken phice over the valuable franchises that 
Municipal Governments have now to deal with, and liow neces- 
sary it is to exercise caution in the selection -jf municipal men. 
The temptations to .sell and buy corruptly are very ^reat mid 
demand the closest watchinfj; on the part of the jmblic to see that 
only competent and howorable men are chosen as repiesei.tatives. 
That corrupt practices prevail in our municijialities comes from a 
want of care uii the i)art of tlie electors and too ready an accept- 
ance of whoever may be bold enouf^h to seek election ; but when 
the corrupt conduct is di.scovered there .should be no hesitation 
shown in brin<^ing the ofi'enders to Justice in the most summary 
and resolute way. 

Mr. Stead's move in Chicago of gettinjj; tlie church to take 
up municipal reforn has given the question a great impetus; and 
when we have women enfranchised, both municipally (as in Eng- 
land) and politically (as in some of the States and Australia), and 
as I hope to see in Canada, then wo may look with cortidence to- 
a higher municipal and political life and a not less pui'e .social one. 

Woman to-day, in the activities of the church and charitable 
associations, is receiving an education and oxercisitig an intiuence 
that will fit her for a larger sphere of i>;efulne.ss, and be most 
persua.sively enforced at the ballot-box, but is sure to be felt in 
the dominion of the household, where for moral and religious 
agency she will always be supreme. 

TEMPERANCE REFORM. 

To municipal administration we shall have to look for the 
mcst ef?ective means for aiding the great cause of tempei'ance 
which has made such wonderful progress in the Canadian and 
American worlds within the past ten years. It is not merely 
having good laws, but the enforcement of them that is wanted as 
seen in New York with Mr. Commissioner Roosevelt to-day. 

We have had our Crooks Act, Duncan Act and Scott Act 
and plenty of strong earnest Christian feeling in behalf of tem- 
perance, and indeed of prohibition, but without eti'ectual enforce- 
ment they become worse than no law — because a law disiegarded 
and dishonored — a result most injurious and demoralizing upon 
all affected by it, whether in th»! person of the offender, the execu- 
tive oflScers or .the public. 1 believe as fully in legislation in aid of 
temperance, as I do in behalf of any other virtue and against any 
other vice, but you must have the full, faithful a id vigorous 



27 

enforcement, or tho ropoal ; .ind tin; i-epeal you can not have 
because in ovciy well reniilMtL'.! community thero must be 
redmint When yoii Imve liiolier loirislativo ami ndminishalive 
elements in the municipality then you will have efficient admin- 
istration in all tho departments. Let this be the nira of every 
municipality and tlie beneficial results will soon be manifest. 




28 



CHAPTER III. 



llESl'ONSUiLE (JOVEIINMENT. 

^l/'AV'^lNG thus dealt witli oui- municipal institutions asolven 
g\ to us by the Act of lcS41, and that of 1840, givino- us the 
^-^ ^ more extended system, and having placed the Hon. Mi*. 
Harrison and the Hon. Mr. Baldwin in such close relationship with 
them, I think it would be well here, before passing to the judicial 
branch of our inquiry and history in connection with the Hall, to hiy 
before our readers the celebrated resolutions upon which tests 
our system of Constitutional Government accordin<; to the well- 
understood wishes of the people, in which these tfentlemen took 
so pron)inent a part. And I think I may safely say that few 
persons, if any, in our county associate this ;^reat bulwark of our 
])olitical freedom, with the distinguished gentleman, as one of its 
members. 

The Municipal Bill having become law on the 12th of Jidy, 
1841, on the 8rd of September Mr. Baldwin moved the first of 
his resolutions on Responsible Govi-rnment. Some explanation 
took place between Mr. Baldwin and Mr. Secretary Harrison, 
who stated that a series of resolutions had been prepareil by him- 
self and cdllengues, in which Mr. Baldwin had concurred and that 
he expected that these would have been proposed by that gentle- 
man. Mr. Baldwin stated that he wished his own resolutions put 
on record, but as he considered those I'cferred to by the learned 
number for Kingston substantially the same, he should not 
oppose them. 

I therefore give the amendments of Mr. Harrison as the 
resolutions of the House and as the lex scripta of this great con- 
stitutional change. 

Mr. Baldwin's resolutions wei-e seconded by the Hon. Mr. 
Vigor, while the amendments of Mr Hari'ison were seconded by 
Col. De Sallabury. 

RESOLUTIONS UPON RESPONSIBLE GOVERNMENT. 

1. "That the most important, as well as the most undoubted, 
of the political rights of the people of this Province, is that of 
having a Provincial Parliament, for the protection of their liber- 
ties, for the exercise of a constitutional inlluence over the execu- 



29 



live (lepartrncnts of llioir Government ivnil for legislation uponull 
mutters of internal irovernnient," 

2. "That the heail of the Executive Government of the 
Province heinj^, within the limits of his Governfuent, the rejire- 
sentative of the Sovereitrn, is responsilih' to the imperial author- 
ity alone, but that, nevertheless, the manai^ement of our local 
affairs can only be conducted by him, by and with the assistance, 
counsel and information of subordinate otlicers in the Province." 

8. "That in order to preserve between theditierent l)ranches 
of the Provincial Parliament that harmony whicli is ess(!ntial to 
the peace, welfare and oood ^fovernment of the Province, the 
chief adviser of the representative of the Sovereign, constituting 
a provisional administration under him, ought to be men possessed 
of the confidence of the representatives of the people, thus afford- 
ing a guarantee that the well understood wishes and interests of 
the people, which our gracious Sovereign has declared shall be 
the rule of the Provincial Goverinnent, will, on all occasions, be 
faithfully represented and advocated." 

The ([uestion b^ing ))ut upon the motion of amendment a 
division was had thereon witli a result of ')() for and 7 ajjainst. 
Among the yeas were Mr. Baldwin, Colonel Pi'iiice and the mem- 
ber for Kent, n>y brother, Joseph Woods. The nay.s were 
represented by Sir Allan MaeNab, Hon. George MottUtt, Mr. 
Cartwright, Mr Burnet, Mr. Watts, Mr. McLean and Mr. Sher- 
wood. 

4. "That the people of this Province have moroovc.- a right 
to expect fi'om such Provincial administration, the exertion of 
their best endeavors that the Jmi)erijii authority, within its con- 
stitutional linats, shall beexer'^ised in the manner most consi-stent 
with their well understood wishes and interests." 

And here is the foundation of popular government as we 
know it in Canada to-day. 

HON. S. B. HARRISON. 

So closol}^ connected witii the history of this county was Mr. 
Harrison that I cannot let him go yet without a furth(;r refeience 
to his first election contest in Kent in 1.S4J. Party feeling ran 
very high. Lord Sydenham was supposed to represent Lord 
Durham's views and they were not acceptable to a large portion 
of the country. Toronto had lost the seat of (jrovcrnmcnt, and 
Upper Canada her Legislatui'e, and Kingston wa.s to be the seat 
of Government for United Canada. Mr. Harrison was Lord 
Sydenham's right hand man and associated with Attorney-Gen- 
eral Draper in the leadership for Upper Canada, and had sought, 
unsuccessfully, to carry the City of Hamilton against Sir Allan 
MacNab. Over the bad roads of that day he came to Chatham, 



80 



just before tlio noinination, and nlthounjh there were several cnn- 
(lidiitfs in the field all nitirivl in his favor except my hrother. 
The constitiu'ncy consisted of 20 townships and extended from 
the Township of llochester, for then we had Tilltiiry West a part 
of the county, to the Township of, and includinir, liosat)(|uet, a 
distance of 180 miles, with only a^ic polling puicc and tlud in 
Chaihiiin. The lon<^' winter had Just broken up and the streams 
were Hooded and the bridj^es carried away. This was the last 
election under the old law, when the polling bej^an at 9 o'clock 
on Monday mornitiff and ended at 12 o'clock Saturday nii,dit, and 
as in this case, even later, for the returnine; otTicer at the close of 
the polls declined, under the advice of Mr. Harrison, who wanted 
a scrutiny, and which I opposed, to declare th;it Mr. Woods had 
a majority of 43 votes. It was not till after a sharp contlict of 
two hours that he was induced to make the statement, when Mr. 
Woods was cairied away on the shoulders of his a»'d(!nt and 
impatient supporters to the balcony of Probett's Hotel, where 
speeches were made and great rejoicin<^s had and cheers j^iven, 
and amonjij others, at 3 o clock in the n)ornin<(, for youn^' Bob 
Woods for having forced the returnin^^ ofKcer to make the declar- 
ation. 

I was then a student-at-law in Sandwich and had, with some 
2') odie'" voters, ridden from Sandwich to this place takinj^ 
nearly two days to do it and havinn' to swim our horses over the 
streams and make our way throu^^h the ice on the plains and 
through the woods, breaking throu<fh at almost every step, under 
the direction of a guide. Our good sheriff, John Mercer, Esquire, 
was one of the party and tells us some good stories about it. 

That was a uiemorablo ride. I recall how well mounted I 
was, for my horse was a noble grey with the historic name of 
" Barnet, " and owned by the Rev. Thomas Earle Welby, then 
Rector of Sandwich, and now Bishop of St. Helena, who kindly 
offered him to me for the occasion. Some of the riders, 25 
in number, were old loyal oflicials who liad been notified that 
those having votes in Kent must come to Chatham and give their 
votes and influence to the Government. Only a reasonable 
request and yet it was an awful pill to take; and the first time 
such a doctrine had been heard. Mr. Robert Berrie, the Clerk of 
the Peace at Hamilton, had refused to support Mr. Harrison in 
preference to his old friend Sir Allan MacNab and was 
summarily dismissed. And this was to be the rule. What 
consternation and indignation ! Support a Government that 
was going to give us Responsible Government, just after all 
they had gone through in saving the country from the disaffected 
and rebellious as well ris from the incursions of their sympath- 
izers in the States, and vote against their old and loyal fiiend. 



:n 



Josi'pli Woods, for a iiiciii^erof sucli a (loverimiont ! Thcii^oltK'n 
iinaijo of tin; new constitution had, liovvciVcr, lict'ii set up and tlu; 
l)a:d<'ls WL'i'u rL'(|uin'(l to fall down and vvui'.shij) it or losti tlieir 
otlieial heads and hv. Hurried. 

What a l>ruezo fcjMovvod that eloction from Satidvvicli tj 
(Jaspe! Tiio nt!vvsj)apt'rs and (torropoiKh-nts croppi'd up as thick 
as hhickherrics, as one editor said ; not onlyii> the local papers, hut 
all the papers and niaj;a/ines of the day in I'ppcr and Lower 
Canada, from the President of the PiXecutive Coiuieil tlown. 

I then took my first ilip into political letter writinj^f and 
hrou>;lit upon myself a threat of prosecution for lilxd l>y the 
returnini; otlieer, which, however, was not followed uj). The 
House, on meetini.^ in the followinjjj Afay, instructed the C'lerk of 
the Crown in C'hancery to amend the insuHicient and illej^al 
rtiturn of the returnini; otlicer and Mr. Woods took his seat while 
Mr. Jiai'i'ison took his for the City of Kingston for which lu; hail 
heen returned in the meantime. 

Another n)arked effect was presented in the case of Col. 
Pi'ince, the M. P. of Essex, am! for whom I had votiMl thepnivious 
week (as in those (hiys the elections were not held on on(,' day or 
week), and who was then the most popular man in Canada. He 
wrote a letter to my brother advising him to retire and let Har- 
rison take the county. It was read at the liustin;^s. It indicated 
the Colonel's inclination towards the afhnin'.stration, and was the 
beijinninix of an cstran<>ement between himself and the Conser- 
vative party, that letl to his being opposed at the next general 
election by Major Luchlan and his old Conservative friends and 
supporters, but unsuccessfully. Mr. Harrison afterwards took 
the Western BiMwit and we often met. 

C'OLONEL PRINCE. 

Talkinfj of Col. Prince I cannot omit a fuller reference to 
him, for Ins advent in the Western District marked an ejjoch in 
its history. He came to Sandwich in August, 1 83*3, with hi.s , 
wife, family and servants and w^as the first man of fortune wdio 
had settled in the district. He had been a solicitor in Eniiland ; 
was a man of fine presence and most genial maimers and one of 
the most elocjuent speakers in the Province ; a great sportsman 
and lover of agriculture and took to farming with much zeal ; 
importing thorough-bred stock and keepnig the finest dogs which 
he brought from England. In the general election of 183G, under 
Sir Francis Bo.iJ Head's appeal to the country he was returned 
for Essex with Mr. Francis Caldwell, and his impression upon the 
Lejfislature was most favorable, The Rebellion broke out the 
following year and the Colonel (for he was at once appointed 
such) really became not only the Prince but the Kmg of the 



32 



Wo^tciii District, it* not of ITppia' Canu<la, so popular was lie 
diinnL,' and after tlie Ht;l»ellioii. His joui'iicN's tlir<)ii,di from 
SautlNvicli to Toronto weiv eontinui'd ovations He was admitted! 
to the Itur and eni'olled as an Attorney in I SMS, in.ide a (,»)utHrr.s 
Counsel and occupied a j)roud i)osition at llu; bar and in tli(5 
Province, and continued to represent Kssex till he lu'canie a can- 
didati' lor the ljf<rislative C'ouncil in IS.')(i, when lu; contested the 
Western J)ivision ai^ainst Colenel Rankin, an<l was returned and 
sat in the Council till his appointment to the Jud^'eship of the 
District of Alj^onia in ISOO, whi'jh was virtually provided for 
h 
I 



inn, and where he contnuiously lived, rejoicmn' m Ins hyper 



)orean iso 



lati 



on at 



id freeilom, and died in IS7(). Miss Trince, Irs 



only dauifhter, is the last nuMuher of his family and still keeps 



'1' 



The Tark F 



D " 1 lie I'aric i<arm with all its traditions. 

'J'ht;n there is no douht that his summary sliootlni,' of the 
prisoners taken at the bi.ttle of Windsor, 4th Deeemher, IS.'{!S, in 
connection with Sir Allan MacNah's order of the previous Decem- 
ber to cut out the Caroline, did more to put an end to the inva- 
sion of tl.e western portion of the Province by the Patriots and 
Sympathizers of that day than anything done l)y the (iovernmeiit 
or the re;4ular forces. The act led to an important debate in the 
House of Lords with Lord Brou^diam critici/inj^, ami the Duke of 
Wellington justifyin<jf the measure, in which he was supported by 
the House: and there was also the ccanmission of iiKjuiry in 
Canada, whose re[)ort wholly nupiitted the Colonel from the 
chari^es made aj^ainst him, foundin<; their report upon the fact 
that the act was liio determination of the inhabitants expressed 
at a public meetini; when it was di^termined that no prisoners 
should be taken. To show the state of f(!elini^ at that time 
against the Colonel, placards were posted uj) alonj^- the public 
streets in Detroit oifering a reward of 8800 for his dead body and 
i?l,0()() for his livinnr body, and, to protect himself after dark, he 
had to have an advt isement in the public papers warning all 
persons a<^ainst comir;;i' to The Park J'^arm after ni;iht as he had 
spring guns and man ti-aps set for his protection. 

KENT— AND DETROIT AS THE DISTRlcri' TuWN. 

Hy the wa\', while I am referring to Kent let me state that 
wi\ile for many years we were a subordinate county in the Wes- 
tejn ])istrict or^ani/ation, we were in earlier years the dominant 
ore and entitled to send two members to Parliament, wliile Essex 
could only send one and that in connection with tlu) County of 
Suii'ilk ; and to Kent at one time belonged all that territory that 
lay to iho nor<"h up to the boundary line of Hudson Bay, and 
south to the (Jhio, and westward to the Mississippi. The first 
two members were elected from Detroit, one, William Macomb, 



88 



)S 



act 
ssed 



>lic 



ad 



Hi at 
jes- 

Imt 

kex 

of 

liat 

liid 

j-st 
lb, 



tlio other the celei.rated David William Smith, afterwards Sur- 
veyor General of llj)per Canada, and, later. Sir J)avi(I. I am able 
to j^ivo thi:- sketch of tin* life of our tirst memlier, and it is otdy 
witiiin the past foitni^dit that even Mr. D. H. Head thou;.dit there 
must have been two J), VV. Smiths, but I have establislied his 
identity as the first M. P. P. of Kent, elected at Detroit in 1702 
with Mr. Macomb, and this I do throuj^h a passa;:;e in Kin^^sford. 
vol. 7, p. '{47, in which (Governor Simcoe speaks of the return of 
Mr. Attornev (ieneial White and Lieutenant Smith, the son of 
Major Smitli the Commandant of Detroit for the Detroit district, 
a.s Hesse used to be called. 

Sir David was born 4th Septendu-r, 1704, only child oi' John 
Smith, esquire, sometime of Salisbury, Lieut.-Col. of ')th Regi- 
ment of Foot, who died Commandant of the Fortress of Niat^ara 
in 1795, by Anne, dauj^hter of William Wayler, Es(j., of Rowde 
Hill and Devizes, County of Wiltshire At an early aj;e he was 
appointed by Karl Percy as Ensiijn in his father's rej^iment. He 
roiii^ned his position in the Hej^ulars and held at various times 
the followin<ij offices in the militia, viz.: C »l. of Lincoln Militia, 
Col. of 2nd Battalion of York Militia and Lieut.-Col. of the Percy 
Tenantry of RiHemen, of Northumberland. England, On the 
27th of August, 1792, Mr. Smith was elected a member of the 
first Canaciian Parliament and was re-elected to the two succeed- 
ing Parliaments. 

As a member of Parli iment, in which capacity he served his 
country for twelve years, his abilities made him one of the most 
distinguished mt n of his time ; he was chosen speaker to that 
body in 1797, and re chosen in 1801. Called to the bar on the 
7th July, 1794; he bore at various times the titles of Deputy 
Judge Advocate, Justice of the Peace, Judge of the Court of 
Requests, Master in Chancery and Privy Councillor. He was the 
first Surveyttr General of Upper Canada, under the Act of 1791, 
and Vice-President of the Agricultural Society. I am indebted 
to my friend Mr. James, Deputy Minister of Agriculture, for the 
additional information that our first member was, on the 27th of 
July, 1821, created a Baronet; that up to the time he left Can- 
ada in 1804 he had received 33 appointments, and, on his return 
to England, he received 30 more. We may well be proud of Sir 
David us our first member. 

NOT GENERALLY KNOWN. 

The.se facts are not generally known. Macdonald, the pub- 
lisher of the " Illustrated Atlns of the Dominion of Canada," in 
1881, .says of this county and its representation in 1792 : "There 
was evidently no representative for Kent in that Parliament, as 
the full number of sixteen appears without mention of a member 



■|! 



jiiii 



for Kent, which leads to the impression that Mr. Bahv, the mem- 
ber for Essex, represented the entire Western Dis^trict. This 
appears the more probable when we consider that Kent did not 
then contain more than half a dozen of fau.ilies, if even that 
number inhabited its wilds. The almost entire absence of ,fot<i 
hearin<r on the early political history of Kent has precliKled the 
pcss'bility of gaining any intimate knowledge of their details dur- 
ing a long p-riod following the establishment of representative 
government." 






t:-t:^::i 




35 



CHAPTKU IV. 



DISTRICT OF HESSE. 

^OORD DORCHESTER as Govornor-Gemral, by procbima- 

y tion issued from the Castlo of 8t. Louis, in tlu; City of 

^^^ Quebec, on 24bh July, 17HS, divided the Province of Quebec 

into five districts, namely : (nispe, Lunenber<(, Mecklenl)uri^h, 

Nassau and Hesse. 

Tliere's a ;j;ood deal of German here and not much of either 
French or En^lisli, but it must be remembered that the Jloval 
Family were Germans, and Bell says, " there was prol)ably noth- 
in<^ fortuitous in the adoption of tliis (piaternion of appellations; 
for tliey indicated Roynlist and Protestant ideas. The grand- 
ducal family of Hrunswiek-Luiicnburg was a branch of the Sov- 
ereign House of Hanover ; Queen Charlotte had been Princess of 
Mecklenburg Strelitz; William III., the champion of Protestant- 
isui and overcoming antagonist of Louis XIV. and Jesuitry, was 
head of the illustrious House of Orange — Nassau ; and the Prin- 
cess of Hesse sent auxiliary forces to combat American rebels." 

The District of Hesse comprehended all the residue of the 
Province in the western or in'and parts thereof from the southerly 
to the northerly boundary of the same, and included Detroit and 
Mackinaw and the country south of them to the Ohio, and west- 
ward to the Mississippi ; and on the 10th day of July, 1792, Gov- 
ernor Simcoe, in his proclamation from Kingston, divided Upper 
Canada into nineteen counties and the Provincial Legislature at 
its first session at Newark, on the loth October 1792, (82 Geo. 
III. c. <S) re-named the above four last named districts in their 
order, the Eastern, Midland, Home and Western. 

KENT 

beintj the ninetetnth and last named of the above nineteen coun- 
ties was described as " comprehending all the country not being 
territories of the Indians nor already included in the several 
counties hereinbefore described, extending northward to the 
boundary line of Hudson B;>y including all the territory to the 
westward and southward of the said line to the utmost extent of 
the country commonly known by the name of Canada," and 
given two members. Hy the same last mentioned proclamation 



Essex was made the eighteenth county and was to be bounded on 
the east by the County of Sufiblk, on the south by Lake Erie, 
on the west by Detroit River to Masonville's Mill, from thence by 
a line running parallel to the River Detroit and Lake St. Clair at 
the distance of four miles until it meets the River Tranche, or 
Thames, thence up the said river to the northwest boundary of 
the County of Suffolk. 

The seventeenth county, called Suffolk, was to be bounded on 
the east by the County of Norfolk, on the south by Lake Erie until 
it meets the Carrying Place (Communication Roadj from Pointe 
Aux Pines unto the Thames, on the west of the said carrying 
place, thence up the said River Thames until it meets the north- 
western most boundary of the County of Norfolk. These two 
counties, Essex and Suffolk, were united for Electoral purposes 
and entitled to send one member to Parliament. There is no map 
in the Crown Land's Office showing the County of Suffolk and it 
no doubt dropped out after this and passed into Kent. Although 
it will be seen by the list of the Magistrates given by w ? Uer on 
in the year 1802, taken from Tiffany's Almanac of tliao ^ tai, Suf- 
folk still appears as one of the counties of the Western District, 
but it subsequently became part of Kent and part of London Dis- 
trict. Ey the 38th, Geo. III., c. 5 : An Act for the better division 
of th" Province, promulgated by proclamation 1st January, 1800, 
the County of Kent is to be composed of the Townships of Dover, 
Chatham, Camden distinguished by being called Camden West, 
the Moravian track of land called OrfonI, distinguished by Orford 
North and South, Howard, Harwich, Raleigh, Romney, Tilbury, 
divided into Eastern and Western with the Town.ships on the 
River St. Clair, occupied by the Shawney Indians, together with 
the islands in the Lakes Erie and St. Clair, wholly or in greater 
part opposite thereto to constitute and form the County of Kent 

And that the Townships of Rochester, Mersea, Gostield, Ma^;! 
stone, Sandwich, Maiden, and the tracts of land occupied by ^h 
Hurons and other Indians upon the Strait, together with such of 
the islands as are in Lakes Erie, St. Clair and the Straits, do con- 
stitute and form the County of Essex. 

Sec. 40 provides that Essex and Kent, together with so much 
of this Province as is not included within any other district 
thereof, do constitute the Western District. 

Under this clause — carried from that attaching to the Coanty 
of Keni in the former decade — the Sheriff" of the Western District 
used to serve process at the Sault Ste. Marie and Lake Superiqr, 
n,nd our present worthy Sheriff, John Mercer, used to do this when 
acting as Deputy of the late Sheriff Foott, while living at Wind- 
sor before coming to live in Kent, which he did in 1851, himself 
becoming Sheriff as successor to Sheriff Waddell in 1864, continu- 



Iiuch 
brict 

inty 
trict 

'iqr, 
|heu 
ind- 

self 
Inu- 



37 

inrr so to this present hour and proving one of the liest officials in 
our wcll-^uhninistered Province. 

Sec. 7 of the Act of October, 1792, authorized the Justices of 
the Peace in Quarter Sessions assembled to procure plans an<l 
specifications and elevations of a g^ol and court house, and to con- 
tract for same to be completed within eigliteen months, and that 
the rjaol and court house for the Western District shall be built in 
the manner afoiesaid as near to the present court house as conven- 
iently may be. This of course was in Detroit. 

By 33, Geo III., c. G, 1793, it was provided that the Courts 
of Quarter Sessions of the Peace for the Western District should 
commence and be holden in the Town of Detroit, and that Special 
Sessions of the Peace should con)mence and be holden yearly and 
in every year in the Town of Machilmackinac. 

AmontT other of the stranj^e and interestin<jj thinj^s that pre- 
sent themselves at this time is the Ace of 3id June, 179G, which 
may be called the Exodus Act as it provides for the departure of 
British authoiity from Detroit to Sandwich, and enacts that so 
much of the above-mentioned Act which directs that the Courts 
of Quarter Sessions of the Peace for the Western District shall 
commence and be holden in the Town of Detroit on such days and 
times as are thei'ein mentioned ; and that a special Session of the 
Peace sha'l commence and be holden yearly and in every year in 
the 'i'own of Machilmackinac at certain times therein mentioned, 
be repealed ; and that from the passing of the said Act the Court 
of General Quarter Sessions of the Peace for the Western District 
shall be held in the parish of Assumption, in such place a.s may be 
now found most convenient to the magistrates of said district or 
major part of them, on the second Tuesday in the months of July, 
October, January and April, until such time as it sha 1 seem 
expedient to the Justices or major part of them to remove and 
hold the same nearer to the island called the Isle of Bois Blanc, 
being near the entrance of the Detroit River ; and if it shall appear 
expedient to the said Justices to hold the said General Quarter 
Sessions nearer to the said island, it shall and may be lawful for 
them to remo\e the same having given three months' notice of 
such removal. 

A similar provision is made as to the County Court which, 
with the Sessions by the Act just referred to, had been held in 
Detroit in 1794, and it was to be held where the Quarter Sessions 
were held as above provided The last court of Quarter Sessions 
held in Detroit was in January, 1796, as the removal took place 
to Sandwich that summer. And as there never was a removal to 
Bois Blanc or Amherstburg, the court house was erected in Sand- 
wich on the ground where the present court house stands, adjoining 
our old homestead. It is here that the sceptre passed from Kent to 



38 



Essex, inasmuch as .Saii<lvvich became the permanent seat of tlio 
courts and has continued so till to-day, despite the efforts of 
Windsor to liave them removed ; but Kent continued to have her 
two representatives until the Act of liS20 was passed, which 
required a population of 4000 souls to give two members, whii-h 
she then had not, but which she recovered in 1834 and a^ain lo-t 
ill 1841 under the Union Act. 

DETROIT — SEAT^bF COURTS FOR HESSE. 

Ami now, havin<r crossed the Detroit River and found our- 
selves over there, with our courts ami judt^es and all that is 
implied by the crossin<^ of the boundary, we shad be compelled 
to <;o back to the days when and how it became ours, and when 
and how we lest it, and, as a consequence, when and how we lost 
the thirteen orii^inal Provinces or Colonies and why it continued 
so lonjjf in our possession after the Treaty of Versailles, 178;j — 
recoixnizini; the Independence of the United States and <rivin<x 
them this territory — as we did not quit Detroit till thi llth of 
July, 179(), thirteen years after, during,' which time our Courts 
anil Lan(' Board and Members of Parliament dealt with the wants 
and interests of the District of Hesse and the Western District as 
represented by the Counties of Kent and Essex ; Kent enjoyinj^ 
the honor of having the first of our courts of Quarter Sessions, 
County Court, Common Pleas and Queen's Bench Many of our 
farms in this county as well as Essex liavint;- been ^ranted by 
that Board in Detroit. And we shall be surprised to see our 
Lieutenant-Governor Simcoe comin<f up overland from Newark, 
in February, 1793, to Detroit to inspect the oarrison and the 
24th Reo'iment of Foott (luartered there, and a<>ain the follow in«r 
year cnmip<r up under direction ot Lord Dorchester, the (lovernor 
General, to construct a fort at the foot of the Miami Rapids, oO 
miles from Detroit, which he did; and to find that it needed a 
second treaty — Jay's, of 19th Novend)er, 1794 — to bring about 
the evacuation. 

The name of the old district will be endeared to us in rccall- 
ing the sad death, a few years ago, of the Princess Alice of Hesse, 
the second daughter of our beloved Queen, who became the vic- 
tim of diphtlieria from kissing the lips of her dying child. 




39 



CHAPTER V. 



FRANCES SURRENDER OF CANADA. 

\\N ndditioM to the thirteen American Provinces which Kn<;- 
Oy* hmd held, the triuriiph of Wolfe at (Quebec 0!i the 18th of 
^■^ September, I7o0, and the capitulation of Montreal on the 
8rd of September, 1700, in the words of the ^reat Commoner, Pitt, 
added an empire to England's rule ; and as New France included 
as M'c have seen all the country from Quebec south to the Ohio 
and west to the Mississippi and, of a consecpience, Detroit and 
Mackinaw, as most important posts with which our courts and 
county officials t^re associated, we niust now make the capitulation 
our starting' point in the retrospect. 

Dr. Kinusford has said : 

"There are few portions of our bistory of which we are so 
ijjnorant as that of the years intervening between the Con(juest 
and the passage of the Quebec Act of 1774, and of the further 
interval to the Constitutional Act of 17!)1, which divided the 
country into Upper and Lower Canada and extended representa- 
tive institutions into the two Provinces." 

And in his grand history of "Canada from the earliest date 
of French rule," which I recommend most warndy to my readers, 
he has sought to supply the fullest information and lead to the 
soundest conclusions; and with the opinions of other writers I 
have sought to njake this period of our history better understood 
than it is by the general reader. /s^; -vv 

Kingsford again says : " The capitulation of Montreal surren- 
dered the whole of Canada to Great Britain, and it accordingly 
became necessary to establish a form of Government by which 
order would be preserved. It was indispensable to provide 
machinery by which the business of life should proceed with 
decency and security. Whatever system v/as introduced could 
only be regarded as temporary, but however short the period it 
had to endure, it had to be well considered and efficient. The 
problem to some extent had been assisted by the year's possession 
of Quebec by Murray. That period, however, had been one of 
war. The period has come down to us under the name of the 
reffne riilitire as given by the French Canadian writers and the 
term to a certain extent luis become accepted. It lasted nearly 
four years, from September, 17(50, to October, 1764. 



f3! 



40 



"There are those who havinj^ never investigated the facts and 
imperfectly recoi^ni/ing tlie necessity for the establishment of some 
institutions for the maintenance of law and o"der, have accepted 
its nomenclature as an indication of the harshest and most unjust 
domination, and the Government has been misrepresented as one 
of continual wron<T and persecution. No opinion could be more 
illfounded. The iijreatest care was taken to conduct the Govern- 
nu nt in accordance with the old systems of the Province and in 
conformity with the law which had hitherto prevailed in Canada, 
the one desire was to provide for the well-being and contentment 
of the peonle. There was no attempt to introduce English laws 
and still less to judge by military lavv^. All that these courts had 
of the military element was the name. Between the capitulation 
and the peacf., Canada was occupied as a corujuered country and 
the basis of authority was the force with which it was held. A 
more correct title would have been the period of the Governor's 
Courts or temporary Government ; for the name given is in all 
respects a niisnomer. It is an act of injustice to identify the 
principles of Government laid down by Amherst as those of nuli- 
tary rule, which means coercion at the bayonet's point." 

Watson, in his Constitutional History of Canada, says : 
" After the capitulation the formative pressure of military rule 
began to work, but the system, which lasted about four years, was 
never before nor since so tenderly administered." 

TREATY OF PARIS, 17()3. 

The T. aty of Paris was signed on the 7th of February, 
1703, but eighteen months passed before any change in the Gov- 
ernment took place. 

I think I ought to state here for the information of those who 
have not access to the treaties or to Dr. Kingsford's fine volumes 
in which they appear and from which I take this, the parties to 
this Treaty of Pans and some of its provisions : and, more partic- 
ularly, in view of the close relationship in which Newfoundland 
is seeking to stand to the Dominion and the new internation ■} rela- 
tion in which we should stand to France, and it is curious to see how 
the questions of that day are conspicuous today. Newfoundland 
lish and French ajjfffression are as active elements of contention as 
then, while the seals of Behring Sea come in as the equivalent of 
this fur trade and its jealousies and contentions. And when we 
see Spain and her Nootka Sound pretentions on the Pacific Coast 
in 17tiO, and see Russia to-day seeking Spain as a referee in the 
Chino-Japanese complication, we see how history repeats itself. 
The parties to it were Great Britain, France, Spain and Portugal, 
and by it England became the possessor, not only of Canada, but 
of Nova Scotia and Cape Breton, and the West India Islands of 



41 



we 
Foast 

the 
Iself. 

but 
of 



Saint Vincont, Dominica, Tol)a<j:o and Grenada. Minorca was 
restored to (ireat Britain. She likewise obtained possession of 
Senegal in Afrie.i, and France was l>ound to keep no troops and 
raise no fortiticaiions in Beni^al. The Spanish pretensions were 
abandoned — the (piestions of capture were referred to the British 
courts of law. The British were athiiitted to cut loij-wood nt 
HoJiduras. S|)ain nlincpiished ad claim to tish oti' Newfoundland. 
Havana (Cuba) was <rivcn buck to Spain and in return the pn^sent 
State of Florida was ceded to the British Pr »vinces, and France 
a.s conipensation transferred Louisiana to Spain. France and 
Enjxland a«freed to abstain from prosecntinii' tlie war in Gei-many. 
The Frencn to restore territories held by them in Hesse and 
Hanover. Dunkirk was to be redu ei! to tlie state of whicli it 
was after the Peace of Aix-la-Chapille. TIhj cession of Canada 
was accouipanied by the condition that the King of Great Britain 
would <rive the most effectual orders that his new Roman Cath- 
olic subjects may profess the worship of their religion accortling 
to the rule jf the Roman Catholic Church as far as the laws of 
Great Britain permit. 

The inhabitants had also the liberty of returning from 
Canada to France with their property unrestrained within' eigh- 
teen months. France received the Islands of Gaudaloupe, Mar- 
trin(|ue and Saint Lucia and w^as allowed the right of tishing in 
Newfoundland and Gulf of St. Lawrence. Her fishermen, how- 
ever, were unable to approach within fifteen lengues of Cay)e 
Breton. Bute not only renewed the conditions of Utrecht, i)ut 
he ceded the Islands of St. Pierre and Miquelon. Only 50 men 
to be kept on the island, and an English commission was to have 
the right of inspection that the condition was complied with. In 
the articles of the treaty the latter point was not admitted. 

TREATY OF UTRECHT, 13TH ARTICLE OF. 

The L3th article of the Treaty of Utrecht, ITL?, between 
France, England and the Dutch, to which allusion is made in the 
Treaty o^' Paris, is as follows : 

13. "The i'-.land called Newfoundland with the adjacent 
islands shall from this time forward belong of right wholly to 
Britain, and to that end the town and fortress of Placentia and 
whatever other places in the said island are in the possession of 
the French shall be yielded and given up within seven months 
from tlie exchange of the ratification of this treaty or sooner if 
possible, by the most Christian King, to those who have a coni- 
mi-sion from the Queen of Great Britain for that p irpose. Nur 
shall the most Christian King, hia h^irs and successors, or any of 
their subjects, at anytime liereafter, lay claim to any right to the 
said island or islands or tc any part of it, or them. Moreover it 



42 



shall not be lawful for the .subjcctH of France to fortify any place 
in tlio said Island of Newfoundland, or to erect any huildino' tlieiv, 
besides sliops made of boards, and huts necessary and usi ful for 
dryin<^ iish ; or to resort to tlic said island beyond the time neces- 
sary for fishini,^ and dryini^ of fish, but it shall be allowed t«> the 
subjects of France to catch fish, and to dry them on land in that 
part only, and in no other besides that of tin said Island of New- 
foundland, which stretches from the place called Cape Bonavista 
to the northern point of the said island called Point Kiche. But 
the island called Cape Breton, as also all others, both in the mouth 
of the River St. Lawrence and in the Gulf of the same name shall 
hereafter belong of rifjht to the French, and the most Christian 
King shall have all manner of liberty to fortify any place oi' plans 
there." 

The season prevented the immediate transmission of the 
proclamation, for it only reached Canada on the JOth of August, 
1704, at which date Murray assumed the Government and the 
system hitherto followed ceased to pievad. The proclaumtion 
establish(>d four new provinces in the 'territory ceded as distinct 
and separate Governments. Quebec, East Floiida, We t Florida 
and Grenada, 

At the time Murray received his comm's^ion two civil officers 
arrived from England, William Gregory apjjointed Chief Justice, 
and George Suckling, Attorney G'.nei al. N either knew a word of 
French. They were soon superseded. 

In Se[)tember the ordinances establishing the courts were 
published. They consisted of the Queen's Bench holding sessions 
twice a year, in January and June, to try civil and criminal cases 
according to the law of England, with appeal to the Governor in 
Council when tlie sum involved exceeded £.SOU and to the King 
when exceeding £000. 

The Chief Justice was to hold a Court of Assize and Goal 
Delivery once a year after Hilary term in Montreal and Three 
Rivers. In February, 1700, Murray received instructions to 
modify the practice of the courts. He was directed to pass an 
ordinance admitting Canadians of French origin to .serve on juries. 
In suits affecting British contestants only, the jui\y should be 
British. When one was French Canadian the jury should be 
mixed. When both parties were French the jury should be so 
constituted. Canadians were likewise admitted to practice in the 
courts. 

Trial by jury and habeas corpus were a great advance in a 
French community. Justices of the Peace were appointed for 
these districts, one Justice of the Peace with jurisdiction in dis- 
putes to the value of £5, £10 by two. These Justices of the Peace 
would form a quorum to hold Quarter Sessions to adjudicate in 



43 



cases from €10 to £;]0. Two justice.s to sit wMM'kly in rotation in 
Quebec and Montreal. An ordinance estaUlished tl\i! j^iiinja at €1, 
88., and tlie sliillin<f at Is, 4d. The ordinances were; le^il'zed 
wlien proclaimed l)y beat of drum in Quebec, Three River- and 
Montreal. They were published in the Quebec lia/ette in French 
and En*(lisli. It was at this time that printirii^ was introdnei'd 
into Canada, no press havinjjf been in operation durinyj Fn-nch 
rule. The Quebec Gazette wasfii'st published on 2 1st June, 17<)4, 
there beinj^ no printers in Canada, they were t'oiuid in Philadel- 
phia, William Brown and Thomas Gilmore, tiie latter sailed to 
Enjjfland to make arrani^ements for the type, pn;ss and paper. 
Brown came to Quebec to obtain .subscribers. The paper was 
published in columns of French and Enirlish. No book or docu- 
ment had been previously printed in Canadi. The Gazette was 
the only published pap(!r in Quebec for a (piarter of a century 
until 1788. Subscription $'S a year. It continued to be i.-sued 
weekly until 1818, when it appeared twice a week and was .so 
continued until 18.']2. This reminds me of what the late Dr. 
Ryerson experienced when, as editor of the Christian Guardian, 
he had to oo to New York to get type, press and paper and when, 
as he savs, he travelled bv sta<re at the rate of one mile an hour 
through the State of New York. The worthy doctor must have 
offered up a lamentation that no Macadam hail found his way 
into the Empire State. George Brown, too. hau 'o go to New 
York for his press and type for the Globe. I musuadd here that 
the Halifax Gazette had apjieared in 17') 2. Governor Murray 
who had lived much among the Canadians of Quebec since 17o9, 
formed a liigh opinion of them as a body and would in no way be 
a party to thair being treated with injustice or wrong by those 
whom he described a.s "licentious fanatics." Have they yet 
passed away ? 

Sir Guy Carh^ton succeeded Murray and matters went on 
with a fairly contentented people until the passage of the Quebec 
Act ot 1774, and as we are more interested in what happened at 
this western end of the Province, i. e., Detroit and Mackinaw, we 
will hear what the late Chief Justice Campbell, in his Political 
history of Michigan, has to say of it. But before doing so let me 
say that Detroit was surrendered on the 8th of September, 17G0. 
Major Robert Rogers, the celebrated officer connnanding the 
" Queen's Rangers," with a force consisting of part of the 60th 
(Royal Americans) and 8()th Regiments, appeared before the town 
and demanded its surrender, which was granted by M, Bellestre, 
the commandant. Rogers came to Detroit from Montreal, by way 
of Cleveland, O., where he met Pontiac, the great conspirator, and 
informed him of the surrender of Canada and hia mission to 
Detroit. 



44 



CIlIEl' JUSTICE CAMriJELL AND DETUOIT DISTIIICT. 



The Chief Justice says : " In 1774 an Act was passed by the 
British Parliament, calle*! the Quebec Act, by wliich the entire 
British possession west of New York ; north of the Ohio, and 
east of the Mississippi River, were incorporated into the Province 
of Quebec and made subject to its Government. 

" By this Act the Council had the power to impose such 
taxes as the inhabitants of the various local districts should vote 
for roads, buildings and other local purposes, but this was all. 

" Althou<,di in the lower parts of the Provinrie (Montreal and 
Quebec) where the .settlements were more dense, the .system of 
Government assumed an external appearance of legal formality, 
no attempt or pretence was made to relieve the western region 
from martial law. A Lieutenant-Governor was sent to Detroit, 
who had almo.st, if not absolute authoritv. Henrv Hamilton was 
first appointed in this capacity and arrived in Detroit in l77o. 
The old .system was to terminate May Lst, 1775. It was not till 
1788 that any courts whataver were established in Upper Can- 
ada. In that year, on 24th July, Lord Doche.ster by proclamation 
created the four districts in Upper Canada, Lunenburg, Mecklen- 
burgli, Na.s.sau and He.sse. The latter embraced all the country 
west of Long Point on Lake Erie, and as Detroit was still retained 
in British possession it came within the jurisdiction of that dis- 
trict. The courts were called Courts of Comn.on Pleas, being 
courts of record with a clerk and sheriff. Their jurisdiction was 
plenary with no appeal unless to the Governor- General. These 
indtres vvere not bred to the law, as there were no lawvers in 
Upper Canada until 1794. They were generally men of wealth 
and inluience, and in civil matters their judgments were probably 
just. They knew nothing of criminal law and banished, 
imprisoned, whipped or pilliored such unlucky culprits as were 
convicted before them. It is erroneously stated by Caniff that 
the first person hanged in Upper Canada was convicted before 
Judge Cartwright of the Mecklenburgh District. The honor or 
dishonor of that judicial exploit, belongs to Judge Dejean, 
although there were perhaps some court-martial convictions 
before. The first Judge of Common Pleas for the District of 
Hesse was the Hon. Wm. D. Powell. He was appointed in 1789 
and assujned his functions in the same year. All the other Judges 
and the Clerk of Hes.se were appointed in 1788. Gregor McGregor 
of Detroit, was appointed by Lord Dorchester, Sheriff" and Thomas 
Smith of the .same place as Clerk and Commissioner of the Peace 
on the 24th of July, 1788, the day when the districts were created. 
The Court held its first session in 1790, and an execution sale of 
lands (an innovation on the common law) was made by Sheriff 



45 



McOrof^or under a jinl^inont rendered in Aiij^ust, I7!H). (It may 
he ineiitiotied here that the; three JuHtices of th(^ Court oi:* Coimnoii 
PleiiH who hud heen ii|)i)()iiite<l on 24tli July, I7>S<H, were Duper-wi 
Baby, Alexander MeKeo and William llohertson.) 

"Until the action ot" the Governor-iJeneral in 17NS, th<! De- 
troit .settlement and its dependencies, including; all the westei-n 
posts, remained without ar y civil Government. Allhoujfh the 
preamble of the Quebec Act gave us a reason for its enactment, 
the fact that under the King's proclamation of I70li, there were 
several colonies and settlements which had been left w ithout any 
provision for civil Goviirinnent, neither the Act itself, nor the 
administration under it, made any approach toward such a pro- 
vision, until five years after the Treaty of Peace of 17^.*} had ren- 
dered the retention of Detroit by the l^ritish a wron«^ful and 
arbitrary usurpation. In the bej^inninu' of 177^^ we see the ti:st 
step taken for preventinj^ the sale of I'um to the Indians. This 
proceeded from the merchants of Detroit, a penalty of ClOO New 
Vork currency was imposed for any infraction. 

" It is an interestinj; fact that the Boston Port l»ill which 
changed the Government of Massachusetts and that for trying 
American offenders in England and depriving them of trial by 
a jury of the Vicinage, were introduced with the Quebec Bill and 
as [)arts of one scheme, l-etroit commanded the whole Indian 
country. Several land grants were made by the Connnander at 
Mackinaw on the mainland, and Bois Blanc Island, Grosse Isle and 
Hog island in the Detroit River, were granted — the former to 
Alex Macomb and the latter to Geo. McDougall. 

"The change of allegiance made no change in the socijd rela- 
tions of most of the citizens. They had been old associates and 
good neighbors and had no personal quarrels, it was generally 
felt that in the main the course of the British sympathizers was 
such as might fairly have been expected from those who liad felt 
no poliiicul grievances, and it was also known that the British 
Ministry, in its extreme courses, did not fairly represent the Brit- 
ish people, from whom the entire heritage of American liberty had 
<lescended." 

THE QUEIJEC ACT, 1774. 

It has to be admitted that this Act was a source of extreme 
dissatisfaction not only to the British subjects, but to the Frencli 
Canadians. 

Chatham pronounced it "a most cruel, oppressive and odious 
measure, tearing up by the roots justice and every good principle ; 
that the whole of it seemed to him to be destructive of that liberty 
which ouijht to be the iiround work of everv constitution, and that 
it would shake the ati'ections and conditions of His Majesty's sul)- 



46 



jocts in En;:;liiii(l >ukI Irebuul, and finally lose hitn tlu' lieartu of 
all tlm Aiiioricans." 

Watson, in his Constitutional History, says : "Thus pa^soil a 
nieasui'c vvliidi in its t'ar-rcacliiu^ disastrous results was, not oven 
cxce[)tin^ the Stiinij) Act of I7()'), whicli lu'i^an to j^ond the thir- 
teen colonies to revolution, the worst Act the British I'ailianient 
ever iinposiMl on an American colony." 

Kin;j;sfotd says: "No one. I think, can fairly deny that the 
Act was wise and just in its main provisions, one ohjtction against 
it, in my humhlu o[)inion, may he Justly taken: the comprehen- 
.sion into the newly-created province of th<! territory v est (»f the 
.settled parts of Canada, at the period of French -nle. The Act 
really enforce<l upon the inhahitants passing into this territory 
the same laws which prevailed in Canada, and all sucli inimi<fra- 
tion must have heen from the l^ritish Government." 

The Con<;re.ss (not Congress as it now is, for this 
was hefore the little Leyin(rton unpleasantness which hap- 
pened in April, 177'), hut the Con<:fressj of the deleoates of the 
Colonies of New Han.pshii-e, Massachusetts Bay, Rhode Island 
and Providence Plantations, Conn(!cticut, New York, New Jersey, 
Pennsylvania, the Counties of New Castle, Ken' vnd Sussex on 
the Delaware, Maryland, Virginia, North Ca? v, and South 
Carolina, deputed hy the inhahitants of the .saiu ^^onies to rep- 
resent them in a general Congress at Philadelphia, in the State of 
Pennsylvania, to consult together of the hest nsethods to ohtain 
revlre.ss of their atHicting grievances) on the 24th Octoher, 1774, 
drew up an address to the people of Great Britain enumerating 
their grievances. They said : " Several cruel and aggressive Acts 
have heen passed. Also an Act for extending the Province of 
Quehec so as to horder on the western frontiers of these Colonies, 
estahlish an arhitrary Government therein, and (H.^courage the 
.settlement of British subjects in that wide extended country ; 
thus hy the influence of civil principles and ancient prejudices, to 
dispose the inhahitants to act with 'n)stility against the free Pro- 
testant colonies whenever a wicked ministry shall choose so to 
direct thtm." 

Professor Seeley says that with the triumph o"* Wolfe on the 
Plains of Ahraham began the history of the United States. 

Baron Meseres in 1779 said that the Act "had not only 
offended the inhabitants of the Province itself, in a degree that 
could hardly be conceived, but had alarmed all the English 
Provinces in America and contributed more, perhaps, tlian any 
other measiu'e whatsoever, to drive them into rebellion against 
their Sovereign." This di.scontent both in Canarlaand the Amer- 
ican Colonies led no doubt to the action of the latter in .sending 
in their army under Arnold and Montgomery against Canada, 



the 

lonly 
1 til at 

[lish 
any 
Linst 
liier- 
linijf 
Ma, 



*7 



which, throuj^h th»' heroic devotion, couraj^o and wisdom of Carle- 
tun, resulted so disastrously to them in the death of Montnonujry, 
l»efort! Quebec in Decetnher, 177"). Kin^'sford says, it looked as if 
Hritish possession of Canada was to c(;ase iti a few weeks and as 
if one of the t;arli*'st triumphs of the Revolution would he the 
dismcmherment ot" the lately constituted Province from its con- 
nection with the {empire. 

And here we ou^ht to ])ause and rejoice that there was one 
man in Canada — he, the Governor, — who was determined that 
Canada should not he lo-t to the Kmpire and who, in so heroic a 
way, went from Montreal, which had surrendered to Arnold, to 
Quebec under the (greatest dillieulties, and there, in the last 
stronL,diold of the Province, saved it from the haruls of the 
invader."*. (Jh that the spirit of that hrave Enj^lish General ani- 
mated every man in Canada and there would be no Indepiin- 
dence, or Annexation, or Commercial Union, or Unrestricted 
Reciprocity, or any other political or commercial fad, but a Car- 
leton-Spartan resolution to hold Canada as she is with no prouder 
herita;^e than that of bein" a part of England's Empire. 

1 contiime the hi.sto!- of this period by ^ivin;^ in part Mr. 
Read's concise and clear review of it in the intro(hicti,^n to Ids 
" Lives of the Jud<^es." He ."ays : 

"Previous to the passin<j; of the Constitutional Act of 17!) I, 
the condition of affairs — civil, political and judicial — was ,so 
widely different at different epochs that it will be profitable, if 
not necessary, to pass in reviev.' the state of affairs legal in the 
Province of Quel)ec durinij this ante 1791 period. 

The old Province of Quebec was, by an Act of the Im])erial 
Parliament passed in 1791 (81st Geo. Ill c. 81 / divided into the 
two Provinces of Upper and Lower Canada. The perioil e.\tund- 
ing from 17o9, the date of the conquest, nuiy well be ternied the 
revolutionary peiiod of the law of Canada. 

It can easily be conceived that in a jiart of this intervening 
period, viz., the period between 17')9 and 17(58, in which latter 
yeai- the Treaty of Peace was come to by Great Britain and 
France, by which the Province of Quebec was ceded to Great 
Bi'itain by France, the .state of the law and its aduunistration in 
the Province were in a very satisfactory state. The population 
wa.s a mixed one, comprising French of France ; French Canadians, 
born in the Province; Indian.s ; Metis, or half-breeds; English 
officers ; English soldiers, and English traders ; a large majority, 
however, being native-born French Canadians. 

MIGHT RATHER THAN RIGHT. 

Up to the Treaty of Peace in 17G3 the law which governed 
was rather the law of might than of right. The French Cana- 



m 



cliatis had Ijecoino »i conquerof^ rncc and were in the power of the 
con(iueror.s. There was rothin^' to show timt the law was 
improperly or harshly administered durinii^ this period. Never- 
theless, with a French population not understar.slin'r Eni^lish and 
an En.olish trihunal not understandin<f French, it cjuld not oe 
otherwise than that differences and altercations of a serious char- 
acter shouici occur. On the one hand, the Fiench dearly loved 
their oan laws, and did not at all relish the chauLije in (Jovern- 
nient The Englisji were of opinion that British sultjects, as the 
French had become hy conquest, should he governed by and be 
willino- to submit to English law pure and simple. 

The case stood thus: By the 21st article of the Articles of 
Capitulation, entered into at Montreal, 8th September, 1700, be- 
tween Cieueral Andierst, Commande'--in-Chief o^' Hi.s Britannic 
Majesty's troops in North America, and the ManjUis of Vandreuil, 
for the French, it was provided that the English General should 
furnish ships for carrying to France the Supreme Court of 
Justice, Police and Admiralty. 

Military rule was finally brought to an end, the Treaty of 
1703 was signed. 

There is nothing in the treaty which gave the French Cana- 
dians, or French of France, the old laws and customs of Canada — 
those which prevjdled before the conquest. There was a clause 
(clause 4) by which His Britannic Majesty agreed to grant the 
liberty of the Catholic religion to the inhabitants of Canada. 
" He will conserpiently give the uiost precise and effectual orders 
thnt his now Catholic subjects may profess the worship of their 
religion according to the rights of the Roman Church as far as 
the laws of Great Britain will permit." There is not a line in 
the treaty about laws and customs, though special regard was 
paid to the matter of religion. Reading the capitulation articles 
and the treaty together, it is uppjirent that the French, both by 
negotiation and treaty, had the greatest solicitude for their 
church ai'.d their religion ; that the English, appreciated this, giv- 
ing tncm very exclusive religious privileges and rights, but 
alvvays reserving the rights of British Law. 

in October, 1708, a proclamation was issued by Governor 
Murray, the Commander-in-(ihief of Canada, establishing four 
separate Governments out of the territory in America ceded by 
the Treaty of Paris. They were Quebec, comprising the whole of 
Canada; East Florida, West Florida and Grenada. This proc- 
lamation stated that as soon as the circumstances of the Colonies 
would permit, general assemblies of the people would be convinced 
in the same niann ' as in the American Provinces. In the mean 
time the laws of Lv ^and were to be in force. The proclamation 
adds that until such an assemblage could be called the royal pro- 



Cana- 

natla — 

clause 

nt the 

an ad a. 

rdeivs 

tlieir 

Ifar as 

no in 

I was 

tides 

h by 

their 

r. Siv- 

but 

lernor 
four 

by 

loot* 
)roc- 
lonies 
jnced 
nean 
^tion 
Ipro- 



49 



tection was promised to all resorting to the Province, and authority 
N.'as given for the establishment of Courts of Justice, jivil and 
criminal, with right of appeal to the Privy Council. 

The Treaty was signed on 10th February, 1 703, but no change 
war: made in the Government of Canada for eighteen months 
after. Governor Murray was appointed on the 20th Oc*^.ober, and 
he may accordingly be considered the first Governor-in -Chief of 
Canada. Two years had not elapsed after the signing of the tre^^ty 
when the Governor-General, acting under instructions, formed a 
new Executive Council composed of the two Lieutenant Governors 
of the two Districts of Montreal and Three Rivers, into which the 
Province had l)een divided, the Chief Justice, che Inspector Gen- 
eral of Customs, and eight other persons chosen from among the 
inhabitants of the colony, who, with himself, should possess all 
executive legislative and judicial functions. This Act was a re- 
modelling of the whole previous system. 

A court called the King's Bench and another called the 
Common Pleas were established. Both were to render decisions 
based on the law and practice of England, subject to appeal to the 
Executive Council. 

The French soon manifested their dissatisfaction with this 
state of things and on petition, all was changed by the Quebec 
Act of 1774, " An Act for making more effectual provision for the 
government of British North America." 

The 8th clause provided that " His Majesty's Canadian sub- 
jects within the Province of Quebec, the religious orders and 
communities only excepted, may Ik and enjoy their property 
and possessions, together with all customs and usages relative 
thereto, and all other their civil rights, in as large, ample and 
beneficial a manner as if the proclamation, commissions, ordinances, 
and other Acts and instruments had never been made, and as may 
consist with their allegiance to His Majest}'^ and subject to the 
Crown and Parliament of Great Britain, and in all matters of 
controversy relative to property and civil rights resort shall be 
had tc the laws of Canada as the rule for the decision of the 
same ; and all causes that shall hereafter be instituted in anv of 
the Courts of Justice to be appointed for and within the said 
Province by His Majesty, his heirs and successors shall, with 
respect to such privileges and rights, be determined agreeably to 
t)>e said laws and customs of Canada until they shall be varied or 
altere<l by any ordinances that shall, frotJi time to tiire, be passed 
in the said Province by the Governor, Lieutenant Governor, or 
Commander-in-Chief for the time beinor, bv and with the advice 
and consent of the Legislative Council of the same to be appointed 
in manner hereinafter mentioned." 

By enacting that " in all matters of controversy and civil 



oO 



rights resort shall be had to the laws of Carada as the rule for 
the dccisi' i of the same," the Old Canada or French law was 
restored, iid all His Majesty's subjects, French and English in 
the Colonies wera in civil matters placed under laws totally 
foreifrn to British immigrants and those of the old firitish settlers 
who had been accustomed to British law. 

Ills Majesty's speech to Parliament gives the reason for pass- 
ing the Act. He says : 

" The very peculiar circumstances of embarrassment in which 
the Province of Quebec is involved had rendered the proper Ad- 
justment and regulation of the Government thereof a matter of no 
small difificulty. The Bill which you prepared for that purpose 
and to which I have given my assent, is founded on the clearest 
principles of justice and humanity and will, 1 doubt not, have the 
best effect in quieting the minds and promoting the happiness of 
my Canadian .subjects. I have seen with concern a dangerous 
spirit of resistance to my Government and the execution of the 
laws in the Province of Massachusetts Bay in ]Sew England." 

The Act of 1774 enlarged the boundaries of the Province of 
Quebec south of the Ohio and westward to the Mississipp-, thus 
taking into the Province of Quebec a territory and people of one 
of the British North America Colonies to the south of the Great 
Lakes and which afterwards, by the treaty of Versailles in \7<^li 
recognizing the independence of the thirteen American Colonies, 
became part of one of the free and independent United States of 
America, and a population of some 20,000 who had come thithei- 
from other States. Now came the turn for discontent on the part 
of the British subjects. The discontented Colonies of the New 
England Provinces, themselves bent on rebellion, were not slow to 
urge the people of Canada to join them in their intended resist- 
ance to Imperial authority. The Congress of the New England 
States which met at Philadelphia on the oth of September, 1774, 
addressed the Colonists in Canada as " friends and fellow citizens, ' 
and then endeavored to impress them with the advantage of their 
confederation and the following year sought to force them by 
con(}uest under General Montgomery. During the American 
Revolutionary War, beginning wi'h the affair of Lexington and 
ending in the tieaty of 1783, the law was administered in Quebec 
under the Act of 1774- — the French law — and was most distaste- 
ful to the British residents. 

At the time of the passing of the Quebec Act of 1774, by 
which the oonndaries were extended as already stated, so as to 
include the inhabitants of the Ohio Valley, there were as many 
as 20,000 people in that region who had emigrated thitherward 
from other States. These people had enjoyed the benelits nl' 
British Law as administered in the colonial courts. They were 



51 



rule for 

law was 

itjlish in 

totally 

settlers 

[OF pass- 

n which 
oper od- 
ter of no 
purpose 

clearest 
have the 
)iness of 
mgerous 
1 of the 
intl." 
)vince of 
ppi, thus 
ie of one 
be Great 
in urn 
Jolonies, 
states of 

thither 

the part 
he New 
i slow to 

1 resist- 
England 
er;i774, 
,'itizens/' 

of their 
leni by 

luerican 

ton and 
Quebec 

listaste- 

774, by 
so as to 
IS many 
lerward 
lie fits nl' 
ey were 



not then disposeil to accept in their plar'e the " Coubuino dc Paris," 
or any other system of French law in place of the law to whicii 
they had been accustomed. Thus a very lar^e auxiliary force 
was added to the small nuinlter of Ani^lo-Canarlian subjects set- 
led in the Districts of Montreal and (Quebec, to aid in protesting 
against the Quebec law. 

In 17H4, following) the Treaty of Peace between the United 
States and Groat Britain, a large number of subjects of the King 
in the now enfranchised colonies south of the St. Lawrence and 
the Great Lakes who preferred Monarchial to Republican Gov- 
ernment, and came <"0 Canada, settled on the banks of the St. 
Lawrence. These emigrants into Canada, called the United 
Empire Loyalists, on their arrival in Canada soon found that the 
situation was not much improved if they were to be relegated to 
the old, an.l, in their view, anti(;[uated laws of France. They left 
the United States especially to place themselves under British 
law, and this thoy determined to have. In this particular they 
only held to the same opinion as Iia-l influenced the people of the 
Ohio Valley :.hen they, between 1774 and 1783, made their pro- 
test agair st being governed by French law. 

In r^88 Lord Dorchester, acting for the King, styling His 
Majesty -^ing of Great Britain, France and Ireland, issued a pro- 
clamation recitino; the ordinances of the Province, dividing the 
Province into two districts and proclaimed that thereafter the 
Province should be divided into five Provinces, viz., Lunenhurgh, 
Mecklenburgh, Nassau, Hesse and Gaspe. By Provincial Act of 
Upper Canada, passed in 1792, the four districts with those Pro- 
vinces, viz., Lunenburgh, Mec i^lenburgh, Nassau and Hesse were 
re-named in the order of these names: Eastern, Midland, Home 
and Western Districts. The boundary of Lunenburgh shows 
that there was another River Thames, now known as the River 
Gananoque. 

The period between 1774 and 1791 has generally been termed 
" The Legislative Council " period. This arose from the fact that 
by the Quebec Act a legislative Council, who were appointees of 
the Crown, governed in the Province. In 1777 an ordinance was 
passed by this Legislative Body dividing the Province into two 
districts and establishing two courts, a Court of Queen's Bench 
and a Court of Common Pleas for each district. These two dis- 
tricts corresponded to what became the Provinces of Upper and 
Lower Canada, with a greater western extension of Upper Canada, 
viz., to the Ohio River on the south and the Mississippi on the 
west. The condition of affairs under this Act of 1774 was very 
unsatisfactory, alike to French and English, ami perplexing to the 
Government at home. Upon the advice of Mr. Pitt the Govern- 
ment decided to divide the Province into two Provinces so that 



52 



each could have the laws n\o.st agreeable to the majority of the 
peo])le of the respective Provinces. 

Our Constitutional Act of 31st, George III., chap. 31, was 
passed which replaced the Legislative clauses of the Act of 1774 
and divided the Province into two Provinces, one of Upper Can- 
ada (now Ontario) and the other Lower Canada (now Quebec) and 
went into operation 25th December, 1791. 

The Legislature of Upper Canada at its first session held at 
Niagara on the 17th of September, 1792, enacted that the laws of 
England instead of the laws of Canada were to govern in matters 
of property and civil rights in Upper Canada. 

The United Empire Loyalists had much to do in bringing 
about this state of things and the English law in the Province, 
in which they had come to settle on being expatriated from the 
States. These settlers in the Province were imbued with very 
strong ideas on the subject of Monarchial Government and British 
laws. The French in the Province of Quebec retain the laws 
guaranteed to them by the Act of 1774, and there can be no doubt 
that the Act of 1774 was passed after diligent inquiry as to its 
propriety, and this is only in harmony with England's beneficent 
policy in other portions of her vast Empire." 

The Act of 1791, dividing the Province, enabled the French 
to mould their laws to their liking. : ; >, ; 




63 



CHAPTER VI. 



USURPATION — THE ISLANDS AND INDIANS. 

eHIEF JUSTICE CAMPBELL spe;»k,s of the period between 
tlie Treaty of Versailles, 17<S3 and 179(5, as one of " wronj^- 
ful and arbitrary usurpation " on En^dand's part. VVe 
must make allowance for his view, and, thank God, I can look 
upon the separation of the colonies without bitterness. I trust I 
duly appreciate the noble efibrts that are bein<; made wiihin the 
great Republic for a high and Christian civilization and have no 
doubt that in God's Providence they will attain unto it. But the 
honored Chief Justice's statement is too strong in the eye of the 
Canadian loyalist. The terms of the treaty were not observed 
and hence the retention. 

Kingsford says: "After the conclusion of the Treaty of 
Peace an attempt was made by Congress in 1788 to obtain pos- 
session of the western posts ceded to the United States. Wash- 
ington made a demand upon Haldimand. The State of New York 
did so also, and other demands wer? made, but the transfer was 
withheld on the ground that Haldimand had no order to give 
them up and the reason was in no way concealed, viz., the failure 
of the United States to carry out the 5th and 0th clauses of the 
treaty by which Congress had engaged to obtain restitution of 
the property of British subjects which had been confiscated and 
tha\. there should be no further confiscations or persecutions by 
reason of the part taken in the war. 

Dr. Ryerson says • " Dr. Franklin, the most experienced and 
ablest of the American diplomatists, was the most crafty and 
overbearintr ajjainst England. 

" At the beginning of the negotiations for peace he demurely 
proposed, and half converted Mr. Oswald to his proposition to 
concede Canada (which at that time meant all British North Amer- 
ica) to the United States, though his commission related simply to 
the independency of the thirteen colonies ; and when the British 
Cabinet vetoed this extra-official and extravagant proposition, 
Dr. Franklin and his colleagues over-reached the ignorance and 
weakness of the British diplomatists by carefully prepared maps 
for the purpose of marking the boundary lines between the pro- 
posed possessions of Great Britain and the United States on their 



5^ 



northorn and north-western frontiers. These lines were so in- 
geniously drawn as to take from Great ]>ritain and inchidc in the 
United States the immense and valuable territories, back settle- 
ments and the whole country between the Allci^hany Mountains 
and the Mississippi, and which have since become the States of 
Ohio, Indiana, Illinois, Iowa, Wisconsin, Missouri, Michigan, and 
Minnesota, etc. — to not one foot of which the thirteen American 
Colonies had the slightest claim — territories ample to compensate 
Loyalists for their losses and banishments, but whose interest 
with those most valuable possessions w^rc lost to Great Britain by 
the subserviency of the British Commissioner Oswald (a London 
and American merchant) who looked to his own interests, and was 
the subservient tool and echo of Dr. Franklin. The above terri- 
tories were a part of the domain of Congress, irrespective of any 
State, and thertfore at the absolute disposal of Congress. Yet 
with these immense accessions of resources, the American Com- 
missioners professed that the Congress had no power or means to 
compensate the United Empire Loyalists for the confiscation and 
destruction of their property. One knows not at which most to 
marvel. The boldness, skill and success of the American Com- 
missioners, or the cowardice, ignorance and recklessness of the 
American diplomatists." 

Professor Goldwin Smith says : " Civil war, as well as inter- 
national war, there will sometimes be, but it ought always to be 
closed by amnesty. 

" For amnesty Cromwell declared on the morrow of Worces- 
ter. Amnesty followed the second civil war in America. The 
first civil war was not followed by amnesty, but by an outpouring 
of the vengeance of the victors upon the fallen. 

" Some Lioyalists were put to death. Many others were de- 
spoiled of all they had and driven from the country. Several 
thousands left New York when it was evacuated by the King's 
troops (November, 1783). Those who remained underwent vio- 
lent persecution. The several slates banished, confiscjited, pro- 
scribed persons and estates. 

" Or fifty-nine persons attainted by New York three were 
married women, guilty probably of nothing more but adhering to 
their husbands and members of the council, or law officers who 
were bound in personal honor to be faithful to the Crown. 

"Upon the evacuation of Charleston, the Loyalists were 
imprisoned, whipped, tarred and feathered, dragged through 
horse ponds and carried about the town with " Tory " on their 
breasts. All of them were turned out of their houses and plun- 
dered, twenty-four of them were hanged upon a gallows facing 
the quay in sight of the British fleet with the army and refu:iees 
on board. ' However, we will say with Mr. Sabine to those who 



55 






o 



protested ; to General Greene, who said that it would be the ex- 
cess of intolerance to prosecute opinions which twenty years he- 
fore had been the uni\ersal belief of every class of society; to 
Alexander Hamilton, who nobly stood uj) ai^ainst the torrent of 
hatred as the advocate of its victims in New York ; John Jay, 
who said he had no desire to conceal the opinion that to involve 
the Tories in indescriminate punishment and ruin would be an in- 
stance of unnecessary rigour and unmanly revcn«jje without a 
parallel, except in the annals of rt li;^ious raoe in the time of 
bigotry and blindness.' By right-minded men the violence of 
the separation nuist ever be deplored. The least part of the evil 
was the material havoc. Of this the larger share fell as usual 
upon the country which was the scene of the war, England 
came out at last with her glory little tarnished. She had 
yielded not to America, but to America, France, Spain and Hol- 
land. While she was losing nominal empire in America, illus- 
trious adventurers hi>u enlarged her real empire in Hindostan. 

"The Colonists by their emancipation won commercial as 
well as fiscal freedom, and the still more precious freedom of 
develupment : political, social and spiritual. But their liberty was 
baptized in civil blood, it was cradled in confiscation and massacre, 
its natal hour was the hour for exile of thousands of worthy citi- 
zens whose conservatism, though its ascendency was not desirable, 
might as all true Liberals will allow, have usefully leavened the 
Republican mass. A fallacious ideal of political character was set 
up, Patriotism was identified with rebellion, and the young 
Republic received a revolutionary bias of the opposite of which 
.she stood in need. 

" The sequel of the Bjston Tea Parti/ wm the firing on Fort 
Sumpter." 

These are some of the reasons why England held back, for 
the territory was in truth that of the Indians and they looked to 
England to maintain their ri^jhts. 

And the wrong was never righted. My grandfather lost 
7000 acres of his properties that were granted to and bought by 
him and it is a tradition in our family that the City of Platts- 
burg to-day stands on a portion of his estate, forfeited and sold 
without compensation. 

CAPITAL PUNISHMENT. 

Let us call attention to another of the Chief Justice's remarks 
when referring to the hanging of a party by Judge Dejean, " the 
honor (or dishonor) of that judicial exploit belongs to Judge 
Dejean," although there were perhaps some court-martial convic- 
tions. Were the worthy Chief Justice with us now he would 
hardly be found among the opponents of capital punishment for 



56 









iiiunler. Tie efforts made to secure the desired chanp;o in the 
law in the last session of the Li'<,nslatiire of his State, would show 
him how {^reat a change had taken place in public opinion on 
this suhject. It is said upon <^ood authority tint durin<r 1894 
there were 9,S00 murders in the United States. During thesd'.nc 
year thirty in Canada. The population of the States is 14 times 
larger than that of Canada, and in proportion to population there 
.should have been fourteen times as many murders there; instead 
of 420 murders, however, 9,800 took place there, that is there 
were twenty-three times as many murder.s in the United States 
in 1894, in proportion to population, as in Canada. Life is there- 
f(jr twenty-three times as secure against murder north of the 
international line as .south of it. We have only three offences 
involving the death penalty, viz., treason, murder and rape, but 
the latter is seldom the .subject of the extreme penalty. 

The Detroit Tribune of the 24th of April, 1895, says: "The 
Dominion cf Canada, with a population of nearly 5,000,000 peo- 
ple scattered from Newfoundland to the wild frontier of the 
unexplored Northwest Territories, has had less than five murder.s 
for each 100,000 of her population during the past ten years. 
Michigan, with about 2,000,000 inhabitants, nearly every one 
within gun.shot of a school house and a church, has had over 
twenty-three murders for each 100,000 of her population during 
the .same period. 

In ten years Canada has tried 223 people fo)- the crime of 
murder. Michigan, with le.ss than one-half the population, has 
tried i84 people for the crime during the same period. 

Canada in ten years has hanged forty-nine people for mur- 
der, Michigan has hanged none. 

Under the Michigan system of punishing murder the state 
has during ten years, at great expense to her.self preserved the 
worthle.ss lives of 122 convicted murderers. As an offset the 
state has mourned the untimely end of over 300 more victims of 
the crime than would have been murdered if the Canadian ratio 
of le.ss than five to 100,000 population during the period had pre- 
vailed in Michigan." 

THE ISLANDS OF THE DETROIT RIVEU. 

The Chief Justice refers to the grant of the islands. It is 
interesting to know that the grant of Belle Isle, or Isle Aux 
Cauchons. Hog Island, as it was then, nnd down to 1845, called, 
to Mr. McDougall who was a British officer, was after he had 
bought the Indian title to it, for which he had paid about Sl^ODin 
rum and tobacco. Then we read that the large, fine island of 
Grosse Island was on oth July, 1793, granted by Governor Simcoo 
to Mr. William Macomb, who was oiie of the two first members 



al 

b| 



^1 



W 
ti 



67 



;he 
:he 

of 
Itio 

•e- 



elected to the Upper Canada Parliament for this County. He 
liatl previously been allowed by Lieutenant Governor Hamilton 
to occupy it. Mr. Macomb chanj^cd his allegiance and remained 
on his island home, and I knew his widow and her family inti- 
mately, and a <^rand-dau<^hter of his to-day is the wife of the first 
Commoner in Ontario, the Hon. W. D. Balfour, Speaker of the 
Ontario Legislature, who represents the South Riding of E.ssex, 
and from her home this latly can at all times look out upon the 
beautiful island, and with a pardonable pride recall it as a royal 
gift to her ancestor. A'.u it is a remarkab'e circumstance that^- 
while our Government thought of making Bois Blanc Ishind thefc_^ 
seat of the courts and a military station, the Americans tiiought 
of doing the same with Grosse Isle. Boi. Blanc, which we see re- 
ferred to in connection with the courts, belonged to the Hurons, 
and was occupied by them in 177+, was intended as a military \ 
post, but on the remonstrance of the American Government this 
was changed, and the fort built at Amherstburg, which was laid 
out in 170G. The Hurons and their Mission, with Fathers Hubert 
and Pothier, removed to Sandwich and had their church in the 
Parish Church at Assomtion. This island it will be remembered 
wfts sold by our Government to the late Col. Rankin, and is now 
the property of some Americans. 

Peach Island (or Isle aux Pecl.os) used to be prominent in 
those early days as the summer home of the great chief and con- 
spirator, Pcntiac, and has been sold, like Bois Blanc, to Mr. Hiram 
Walker, whose tine summer residence adds so much to its beauty. 
Governments to-day are muci vvh.iL they were in the latter part 
of the last century in selling and giving away lands to M. P.'sand 
M. P. P.'s and other favorites. 

I confess that if the sale of Bois Blanc to a private individual 
could be justified it was in that instance, for the Colonel's wife 
was the grand daughter of Colonel Thomas McKee, who occupied 
so prominent a position in the history of the County at the close 
of the past, and beginning of the present, century. He was the 
Deputy Superintendent and Deputy Inspector General of Indian 
Affairs, and from his relation to, and influence with, the Indians, 
was ecjUil to bringing about any agreement between the Crown 
and the Indians, as was hie father. Colonel Alexander McKee, also 
Deputy Superintendent and Deputy Inspector General of Indian 
Affairs, whom Simcoe wanted to have made an Executive Coun- 
cillor for Upper Canada, and constituted the president of a super- 
intending committee, controlling the policy to be observed towards 
the Indians, reporting through Simcoe to Dorchester. . ... 
Dorchester, embarrassed by the absence in England of the Super- 
intendent General, Sir John Johnson, in December, 1794, ap- 
point;d McKee Superintendent General, and requested his 



58 



tttteiidance at Quu1)l'C. Tlic former was also meiiil>cr tor Essex and 
Kent. The McKees, Habys, Askinsand Klliotts stand oul promi- 
nently in those days of trial anfl conHlct, and there is no more 
striking instance of loyalty and devoti(jn to a soverci^'ii than was 
shown by Jud<re .Iac(iues Dupercn Hal)y, who, although liimself a 
Frenchman, was the faithful ally of England in her stru<,'gle at 
Detroit wit)\ both French ami Indian^, and e.>-])ecially durinL>- the 
critical period of Pontiiic's conspiiacy, diii-in<^ which he supplied 
the jjarrison with cattle, ho^s and supplies fron> his farm on the 
opposite side by ni^ht, by way of avoidinL?; tie Indians. Of this 
cons])iracy. by winch Detroit, then held by Col. (Jladwin, of the 
00th Rciriment, wis nearly caj)turetl, and the massacre in J|ily, 
170;J, of Ca])tain Dal/ell and a lar^^je number of his detatchment 
of 2oO men, at Bloody J\un, 1 mu.'^t refer the reader to the ])a<i;es 
of Park nuin, and the interesting^ story of "Wacousta" by Maj(.)r 
Richardson. The spot is indicated by a tablet in a tree on the 
rij^ht side of Jetierson Avenue, al)Out a ndle above Woodward. 
Major Richardson was the eldest son of Di. Kichardson, of Am- 
herstburtj. one of the District Judijes in oui District, and brother 
of the late Mr. Johnstone Richardscn of Wimisor, brother-in-law 
of our Sheriti". I am j.;Iad to see the union of tw:) of these <ifrand 
families in the persons of n)y friend, Mr. W. -J. McKee, M. P. P., 
and his charming wife, t! e eldest daughter oi the late Mr. Charles 
Baby. May they long be spared to enjoy the memories and 
traditions of an ancestry so loved and honored. And my friend, 
Mr. William L. Baby, of Her Majesty's Customs at Windsor, the 
last surviving .son of the late the Hon. James Baby, is still active 
in the discharge of his duties upon the scene of his noble grand- 
father's fidelity and patriotisu), and may he yet be long spared 
with his historic pen to relate the earlier history of the country, 
us he has done so well in the past. 

Mr. Thomas McKee, too, who has so long tilled the office of 
County Clerk to the County of Essex and its associate counties, is 
the grand-son of the Indian Superintendent and father of the 
M. P. P. The honored name of Askin is refjiesented in the Regis- 
trar of Essex, Mr. J Wallace Askin, the present Registrar, and 
Mr. Alexander Askin, of " Strabane," the name of the family .seat 
of the grandfather, John Askin, both in Canada and Ireland. 

And I am glad to record the further union of the Baby and 
Askin families by the marriage of the Registrar to Mr. Baby's 
second daughter, whc with her .six daughters, make a lovely ad- 
dition to any circle in which they may be met, and let me a<hl, 
with pride, that the Registrar in his honorable and lucrative othce 
is the .succes.sor of his father, and of his late grandfaiher. Colonel 
James Askin, in the office which they have held by tepaiate 
appointments for G4 years. 



.->*' 



of 

es, is 
the 



and 
seat 

and 

iby's 

ad- 

ladd, 

lone I 
hate 



/77^. i^ I 






so 



Colonel Matth(!\v Elliot came to Atnlierstlmr^ in the intfuior- 
ablc year (i fc<17>S 4 from Virj^iTiia, when s' many other United 
Empire Ijoyafists (IPd, und took u]) l.i< lionic on the hcuutifiil spot 
known as " Elliot'.s Point," opposite Hois IJianc Island, and was 
proniinent as Indian Superintendent, (^'ol. E liott is to- lay rep- 
resented at the old iioniestead l»v his LjrandsMn, Frederick Elliot, 
Es(j., and Ids ^M-andson, Miister Fraid< Elliot of our town, 
onlv son of the late liev. Francis Gore Elliot, and the grandson 
of Sheriff Mercer. It is said of the Colonel that he saved General 
Proctor's life at Moraviantown hy throwing up the ritle of 
Tecuniseh, who, exa'^perated hy Proctor's contemplated retreat 
hefore the battle was fairly lost, accused him of treachery and 
would have killed him on the spot but lor the protection then 
offered. 

INDIANS. 

Refeirin^ to the Indians calls for some rellections upon the 
f^reat prominence of the tribes in the long-protracted contests be- 
tween France and Encj^land, and the latter and her own Colonists 
in the war of 1 SI 2. They were a power and ever-present element 
in every ncj^otiation or operation. 

On the conclusion of the 'J'reaty of 1763 the Indians were 
informed that the determination had been come (o by the Imperial 
Government to permit no grants of land within the fixed bounds 
of the Indian territory , under purcha-(i or any pretext whatever, 
and that a proclamation would be i.ssued to this effect. 

The Imperial policy protecting the Indians was extremely 
unpopular in the British Provinces. The Albany [)oliticians eon- 
tended that the nianaoeujent of the Indian lands should rest with 
the Province, with agents dispersed throughout the country. The 
proclamation following t)ie treaty and dated the 7th of October, 
1 708, says : 

" We do therefore declare it to be our royal will and pleasure 
that no Governor or Commander in Chief in any of our Colonies 
of Quebec, East L" lorida or West Florida do presume upon any 
pretence whatever, to grant warrants of survey, to pa.ss any 
patents for lands beyond the bounds of their respietive Govern- 
ments as described in their commissions ; as also that no Governor 
or Commander in Chief of our other colonies or plantations in 
America, do presume for the present, and until our further pleas- 
ure be known, to grant warrants of surveys or pass any patents 
for land beyond the heads or sources of any of the rivers which 
fall into the Atlantic Ocean from the west or northwest ; or upon 
any lands whatever, which not having been ceded to, or pur- 
chased bv us, aforesaid, are reservetl to the said Indians, or any 
of them.'' 



60 



Kingsfortl says: It is a proof of the wisdom ami justice of 
these provisions that the principle then laid down has always 
been acted upon in the Queen's dominions. In the Northwest it 
its now enforced. It is from this just and riijhteous provision 
that tumult and turmoil have been avoided since the con(jUest. 
It was from the first denounced by the old British Provinces, and 
no little aided to that unfriendly feelinij; towards the troops that 
led them to refuse even shelter and assistance to them when en- 
Cfnged in h'ghting their battles. 

With Governor Simcoe they were always amonjif the most 
important problems with which he had to deal and his military 
instincts and p;reat administrative capacity led him to view all 
the pros and cons of their relation to the Province ; and how 
skilfully he did it, is attested by the happy relation in which 
they have always stood to their sovereifrn. Joseph Brant, or 
" Tliayendanogea," the great Iroquois chief and head of the Six 
Nations was a man of great inlluence and capacity whose loyalty 
and devotion to tht; Crown are everywhere acknowledged. The 
people of Brant have so testified by the names of their city and 
county, their monument and other evidences of regard, and we 
know that when in England, he was received with all honor, and 
that two tablets of the commandments and the royal arms for his 
church were given to him, making it, in fact, a chapel royal and 
where royalty itself in the persons of Her Majesty's sons, the 
Prince of Wales and Duke of Connaught ; and her representa- 
tives in the Governors of Upper Canada and Canada, Simcoe, 
Sir John Colborne, Sir Isaac Brock and Sir Geo. Murray, and 
Lord and Ladv Dufi'erir stc , was often seen. 

And what a beautii..i and interesting locality is the reserv(! 
and the Indian Mission Church there founded by the great chief 
as early as 1784, the first Protestant Church in Upper Canada, 
and the first church bell that was rung in Canada ! Their com- 
munion service of solid silver and the bible, presented by Queen 
Anne to them while still in their native valley of the Mohawk in 
1712, are still preserved and used by them. I first visited the 
Mis>ion in 183o, then under the incumbency of the Rev. Abraham 
Nelles, afterwards, Archdeacon, who continued to officiate there 
for 50 years, and which is still, as then, under the patronage of 
the New England Society, as is the Mohawk Institute, for many 
years and now, under the management of the Rev. Mr. Ashton. 

And talking of the Six Nations, with their beautiful names 
of Tuscaroras, Oneidas, Senecas, Mohawks, Cayugas and Onan- 
dagas, of whom my relative. Col. Gilkison, was for many years 
superintendant at Brantford, I must recall the Hurons or Wyan- 
dotts of the Detroit River, with their large reserve at Sandwich 
and their further one at Anderton, where, among others, the ven- 



Gl 



cniKlo Split fiOjir, so well known in tlio war of 1812 lo n.s onn of 
I'] I iL' land's most faithful allies, used to live and did up to I.S:}7, 
when, with others of the tribe, he removed to his own tribe in 
the Western States. 

Often was he a truest at our house with his friend and inter- 
pretor, (jeori^e Martin, and often have 1 seen them nt dinner on 
their way to, or return from. Detroit. 

We first read of the tribe on the Lower St. Lawrence in tho 
re<;ion of Montreal, and learn the tradition of their seeini,' the 
ships of Jac(|Ues Cartier comin;:]r up and their bein<; reported as 
•ijreat dark animals with broad white win^s — spitting out fire and 
utterinj^ the voice of thunder — the gallant explorer's cannon 
belching forth, as it proved, from his vessels. Tho.sc on tho De- 
troit River were Christians professinj^ the Roman faith. 

Our friend, Mr. Solomon White, of Windsor, Barrister and 
ex-M. P. P., i.s now a Chief of this interestinj^ tribe. 

The popular impression of the Indians is that they were 
chioHy nomadie, or livin;^ by huntint; or fi hin^-, but Chief Justice 
Campbell says: "History shows that for a couple of centuries 
after the first settlement in Canada, the Indian tribes were in 
.several instances the only farmers in the country, and supplied 
the whites. In Michi<i[an. Ohio and Indiana their villages were 
great, and their lands laid out and were well tilled." 

Our own Indians of the Moravinntown reservation and Wal- 
pole Island are good illustrations of what kind and Christian 
treatment has accomplished. 

The former came to us in 17f)2 and were able in Februarv, 
1793, on Governor Simcoe's visit to the fort at Detroit, to enter- 
tain him and his suite, which consisted of Captain Fitzgerald, 
Lieutenant Smith of the 5th Regiment, afterward.^ our member, 
Lieutenants Talbot, afterwards Colonel Talbot, formerly of the 
Queen's Rangers, so well known by the great highway and .settle- 
ment bearing his name through Kent and the ailjoining counties, 
Gray, Givins, and Major Lettlehales in sleighs, both g<'ing and 
coming. This noble body of Christian Delaware Indians had 
reached their Canaan after journeying through the wilderness 
between the Ohio and the Thames for ten years, 'i'he first year 
they passed at a point where Mount Clemens now is, 1783-4 they 
lost their corn crop and the winter was one of the severest on 
record. The ice on Lake St. Clair was three feet two inches thick 
and the snow five feet deep, which interfered with hunting and 
the ice with fishing. But they succeeded in getting a large quan- 
tity of venison from a herd that strayed into the neighborhood, 
and with the surplus bought corn, and their residence there led to 
the n.aking of the first inland road out of Detroit, which was 
made by Mr. John Askin and Major Arcum. The Mission repre- 



(52 






Hi 



sents the historic churcli of 'loi ivia (for the Indians are not so 
called froiii any tribe of that name) and Bohonda, founded in 
1467, nearly threc-f|unrters of a century before Luther's Reforma- 
tion. It is now in cliar<^e of the Rev. A. liarlman and numbers 
about 300 .souls. The Walpole Mi.ssion, under the charjre of the 
Rev. Mr. Jacobs, numbers some 800, ooO of whom are mendjers of 
the Church of England, while others are Methodists. 







yH i 



6d 



CHAPTER Vll. 



* *• 



:■■ ,i 



OUR CONSTITUTIONAL AOT, 1701-2. — UPPER CANADA. — YORK. 



"31' 



()W is tlie winter of our discontent made giurious 
summer bv this sun of York." 

Here we are in the liglU of our Constitutiomil 
Act of 1791, dividin<» the Province of Quebec into Upper and 
Lower Canada and giving to both the benefits of representative 
Ciovernnient. , 

The «^That we have been reviewing at some length has been 
somewhat misty, alike fron» a judicial, Juunicipal or constitutional 
view ; but we are now within the clear light of a popular and 
representative governii-ient and the laws of England. Here we 
have seen an Empire won. There we have seen an Empire lost. 
We have seen how the winning of the one tended to the loss of 
the other. What a struggle was that great colonial duel between 
England and France tor North America, and witli what hopes, 
disappointments, losses, sorrows, fears, and stupendous results it 
was attended. It" the thirteen colonies liad not been relieved 
from the terror of French power and their possible conquest by 
France, they, in all probability, v.'o.;!d not have revolted. Again, 
if England had not conquered at Quebec, France might have over- 
powered these colonies and reversed the order of events, making 
Puritan New England and her sister colonies, to accept alike 
French rule and Rome's faith or be a second Acadia. Groat is 
our triumph in having gained and retained Canada. And we 
nmst remendjer that while we lost the United States we gained 
the great Empire of India. 

Under the French governors, from Champlain (1008) down 
to the capitulation, was 100 years, the period of French rule, or, 
as Dr. Bourinot says, of "al)solute government." 

From the capitulation to the Treaty of 170IJ, and a year and 
more after, military rule, or, as Mr. Kingsford would say, " the 
period of governors' courts," or, as Dr. Bourinot says, ' a new era 
of political liberty in the history of French Canada," lasting four 
years. 

Thence to the Act of 1774, with nominally French and 
English law, by a military governor a-ssi-^ted l>y a council, ten 
years ; thence, undei' the Quebec Act, which took eti'ect in May, 



n 



(34 



^I'i 



I77i> to 1792, seventeen years, known as the " Lefjislative Coun- 
cil " ])eriotl. 

The Act of 1791 passed the Imperial Parliament on the 14th 
of March, 1791, and our first Governor under it was Lieutenant 
Colonel John Graves Simcoe, a distinf^uished soldier of the 
American Revolution, who reached Quebec in October of that 
year, where he was detained for several months, only leavin^j; it 
in June, 1792, and reaching Kingston in July, when he organized 
his Government. 

Kingsford says : " Certain appointments had been made in 
En<;land to constitute the Legislative Council and four mend»ers 
had be^n nominated, Chief Justice Osgoode, and Messrs. Rober^- 
.son, Grant and Russell, Only one, however, of them was present 
in Canada, Alexander Grant, spoken of as Commodore Grant. 

The consefjuence was that there was not a majority of the 
Cnuncil present at Quebec. Chief Justice Smith pointed out that 
so soon as General Alured Clarke's proclamation was issued for 
the division of the Province, Clarke himself, as Lieutenant Gov- 
ernor of Lower Canada, would have no powers in the civil gov- 
ernment of the other Province, and that his duties in that respect 
would he confined to his own Government and as the officer in 
chief command. 

As there w'as no majority of the Council present to admin- 
ister the oaths, Simcoe could not be sworn in, and hence could not 
legally act. No power had been given ' 3 him as Lieutenant 
Governor to appoint ex officio any Legislc«,tive Councillors. Sim- 
coe accordingly brought the matter to the attention of the Home 
Government, anrl recommended that James Baby, of Detroit, 
vshould be so named, and that authority be given to supply the 
other two re(|uired by the Act, which enforced that the number 
should not be less than seven. 

Subsequently, 20th January, 1792, John Munro, of Matilda, 
was appointed, and in August following Richard (Jartwright, 
Robei't llanulto » and Richard Duncan were added; the list 
signed by Provincial Secretary Littlehales, dated August 24th, 
1792, sununoning to the Council the several members, includeil 
these new names. 

The Legislative Council was assembled to its full number 
— nine — the new members being Mr. Mtmro, of Matilda; 
Mr. Duncan, of Rapid Plot; Mr. Baby, of Letroit; Mr. Richard 
Cartwright, junior, of Kingston, and Mr. Hamilton, of Niagara. 
Simcoe I'emainc'l here during July, and meetings of the council 
were held from the 8th to the 2 1st. He himself took the oath as 
governor on the iSth. 0-good Russell and Baby were sworn in 
as executive councillors on the following day, Grant on the 11th. 



06 



nher 
ilda ; 

^ara. 
mcil 

h as 
in in 

Ith. 



A proclamation which continued the judges and civil officers in 
their official duties was issued. 

Coumiodore Grant was my grandfather and lived on his 
estate ten miles ahove ])btroit, at Grosse Pointe,* and Mr. Baby 
was the Hon. James Baby, eldest son of Judge Jacques 
Duperon Baby and father of my former ])artner the late 
Mr. Chai-les Baby, Clerk of the Peace, Sandwich, and Mr. Wm. L. 
Baby, of Windsor, already referred to, then living on the Detroit 
River, both sides of which were then spoken of as " Detroit." 

On 10th July the militia returns were laid before the coun- 
cil, and, in accordance with them, the province was divided into 
counties and districts to admit of the distribution of the mem- 
bers, sixteen in number, a duty which occupied the council from 
the 10th 10 the loth. On the IGth the proclamation was issued 
for holding the elections and the meetincr of the Lesfialature ; the 
first Parliament being called to assemble at Niagara on the en- 
suing 17th September, 1792 

The Governor reached Newark in August. The house met 
on the appointed day, the sixteen members were as follows : 
John Macdonell, who was elected speaker; Jean 5. Baby; Alex- 
ander (ampbell , Philip Dorland, who, being a Quaker, would not 
be sworn in and did not take his seat ; Peter, Van Alstine elected 
in Mr. Dorland's place; Jeremiah French; Ephraim Jones ; William 
Macomb ; Hugh Macdonell ; Benjamin Rawling ; Nathaniel Pettit; 

I'avid William Smith; Ha/.elton Spencer; Isaac Swayzy ; 

Young; John White, Mr. Whit"' being the first Attorney General 
of Upper Canada, making, with the Executive and Legislative 
Councillors, the Puires Patrae of our noble Province. (The Cen- 
tennial of the organization of the Government of Upper Canada was 
held at Niagara on the 17th of July, 1892. I was present tind 
His Honor, Lieut nant Governor Klrkpatrick, took, occasion to 
say how near we were brought to it, as there was present the 
gran I son of the third member of Simcoe's Government.) 

T ' Session lasted to the loth October and passed eight Acts. 
The mc t important abrogated the ancient laws of Canada. No 
existing ight or contract was to be affected by the change ; in all 



*The Commodore was the fourth son of the seventh laird of Grant of (Jlen- 
miriston, Inverness, Scotland. In 1757 he came to Canada with (leneral Amherst, 
as an officer in a line regiment ; but the General finding it necesso.'-v to have a 
naval force on Lakes Champlain, (ieorgf, etc., called for officers who had been in 
the navy, and. as Grant was one of these, he received command of a sloop of six- 
teen guns. Later he was in command from Chippewa to Mackinaw, with liead- 
(juarters in Detroit, where he married in 1774, and so continued till his death in 
I SI. '{—leaving ten daughters and one son, the latter dying unmarried, anrl the^ * 
daughters being represented throughout Caniula by the Dicksons, Duffs, WTighisJnCniffff 
NiooU, McMickeus, MilUra, Jdijobs, Hichardsous and Woods'. For fifty-seven 
years he was in the «orviue of hid sovereign. Mr. Baby's father beat the Com- 
modore, a» be left twenty children. 



Ofi 



V, 

hi 



future controversy resort shoulil be had to the laws of Enj^hirul. 
The forms of hiw and eijuity were to be roi^uhited by the British 
rulers of evidence ; the law not to interfere with the provisions 
afiectin;; ecclesiastical riuhts within the Province or ihe main- 
tenance of the poor. Trial by jury was established. A law was 
passed for the recovery of small debts. Millers were restricted to 
one-twelfth fcr millinijj and boltinj.;-, and provision was made for 
buildin<( a mniol or court house in each of the four districts, East- 
ern or Johnstone ; Middle or Kingston ; Home or Niaj^ara ; West- 
ern or Detroit. 

The proposal to meet revenue by a tax of six pence a <;allon 
on wine and spirits was carried in the Lower House, but thrown 
out by the Council ; this event caused some vlisagreement between 
them, vv'hich, however, in no lonnj time subsides). The introduc- 
tion of the county tax on land was rejected, the plea beinj^ that it 
would discourage emigration. One serious (juestion of the day 
was the Marriage Bill. A measure had been introduced into the 
Council to make all irregular marriages valid. It was withdrawn 
on an agreement being entered into that an act should be pre- 
pared in the recess and submitted to England in order that 
legislation might effect the object aimed at. 

The difficulty had come into prominence since the foundation 
of Upper Canada in 1784. In the old Province of Quebtc the 
Protestants had been few in number, and confined to the cities or 
to localities were clergy were present ; and there had been no 
cause. 

It is to be remembered that at this date, bv English law no 
marriage was legal unless performed by a Church of England 
minister ; consecpiently the children by other marriages were by 
law illegitimate. In many cases, in the neighborhood of the 
forts, no clergyman was present, the service had been read by 
the commanding officer, or by an office appointed by him. In 
other parts of the country at the time of the first settlement, the 
justice of the peace had performed the ceremony. Many districts 
were imperfectly provided with clergymen and in these cases lay- 
men had officiated. A strong feeling had grown up, whatever 
the moral character of the relationship, that the children from 
these marriages had no legal right to the inheritance of the prop- 
erty of their sires. This was remedied in the next session, by 
33 Geo. Ill, c. 1, making such marriages valid and providing for 
future ones. By the 33 Geo. Ill, c. 4, Presbyterian, Lutheran and 
Calvanist ministers were authorized to celebrate marriage be- 
tween certain persons, provided they were not under any legal 
disqualification ; but they did not include Methodists, nor did 
they see that the Methodists, before the century was out, would 
number thirty millions. And, as late as 1804, my own parents 



ivv no 
land 
e by 

the 
(1 by 
In 
, the 
;rict8 

ay- 
ever 
roiii 
)rop- 

by 

tor 

and 

be- 

egal 

did 

ould 

ents 



67 

were married at Sandwicli, before Judge Selby, and there are 
not kss than ei<f^*^ '-"bscribini; witnesses to the uuiiriaiie certiti- 
cate, a copy of which I have before me. 

The establishment of an official journal took place a few 
months after prorogation. " The Upper Canada Gazette or 
American Oracle" appeared on the 18th April, 1798, and was 
published at Niagara, until 171)S. The printer was Louis Koy, 
who accompanied Simcoe from Quebec on oth November, 171)2. 
Simcoe sent a requisition for what was required for the printing 
office of Upper Canada, a proof of the establi.shment of the print- 
ing press as coeval with Constitutional Government. Strange to 
say, our friend Sheriff Mercer has a copy of the first number of 
this interesting paper to which I .shall refer later on. 

The second session was held 81st iviuy, 1798, and passed 
eleven Acts. 

In this session the abolition of slavery in Upper Canada took 
place. There were both Indian and negro .slaves, the former 
being known as Panis, or captives from the Pawnee nation, and I 
can remember that one of the freed slaves of my grandfather's 
household used to come from Detroit and visit my mother, down 
into the thirties, and this reminds me of wliat both Kent and 
Essex have done in behalf of the fugitives fiom slavery in the 
adjoining States. The Rev. VVm. King and the Elgin A.ssociation, 
with the attendant blessings of his labors in this County, and the 
efforts of my own father, who set apart 1000 acres of land in 
Essex to provide homes for these refuge slaves, some of whose 
descendants are still to be found in Essex. 

JOHN HUOWN AND HIS FOLLOWERS. 

The immortal John Brown, too, found in our town among the 
large body of respectable colored peoi)le then here, and in the 
Buxton Settlement, an inspiration and sympathy that led him to 
his Quixotic or prophetic action at Harj)er's Ferry in 18')!), and 
we have been honored by the visit.« of that noble and eloquent 
slave, Frederick Douglass, and I recall not only the pleasure I had 
in hearing him in his glowing addresses before the great war, but 
also in entertaining him at my own house. And Kent and Chat- 
ham enjoyed the residence and influence for a consideralile period 
of the late John Scoble, M. P., and his accomplishei] family, who 
was the friend and co-worker of Wilberforce, Sir Fowle Buxton, 
and Clarkson. and Secretary to the Abolition Society of England ; 
arul there was the Dresden colonv, with the shrewd old father 
Henson at its head, the reputed prototype of Uncle Tom in Mrs. 
Beecher's celebrated book : and I myself have the honor to be 
called after my god-father, Captain Charles Stuart, of the East 



I 



68 

India Company's Service, one of the most active of England's dis- 
tinguished band of workers for freedom of the slave. 

THE MAllllIAGE ACT. 

As before said, the Marriage Act was passed which, among 
other things, provided that when the contracting parlies were 
18 miles from a clergyman, the ceremony could be performed by 
a Justice of the Peace, the form of the Church ot England being 
followed ; a Road Act and also an Act for payment of Members 
of Parliament. And in the third session, among other Acts, was 
one establishing the Courts of Queen's Bench and Appeal. 




At 

ii 



69 



's dis- 



mong 
were 
ed by 
being 
rubers 
?, was 



CHAPTER VIII. 



OUR JUDGES AND COURTS. . 

gf \UR first Chief Justice was William O.sgoodo, an equity 
V^^ draftsman, of Lincoln's Inn, but esteemed well versed in 
^^ Enoli.sh law, which had superseded the French law, and the 
choice was a <^ood one, and after him was named the scat of the law 
courts at Toronto. The first menticr. of him in ! »s Judicial capa- 
city is on the 2'ird of August, 171'2, when he presided in the 
Court of Oyer and Terminer and General Ciaol Delivery held in 
the Town of Kino-ston in the District of Mecklenburijjh. His 
associates on that occasion were Richard Cartwright and Hector 
McLeod, Es(iuires, Justices of the Common Pleas of the district. 
Read says : " There were twenty-four grand jurors sworn in ; 
petit jurors, tip staffs and all the incidenta and impedimenta of 
the English courts of that day. He only continued Chief Justice 
till December, 1793, a year and three months or so and then be- 
came Chief Justice of Lower Canada upon the death of Chief 
Justice Smith, of Quebec. It is to Chief Justice Osgoode we owe 
it that no slaves were allowed in Lower Canada, although, unlike 
Upper Canada, there was no Legislative prohibition. On a case 
presenting itself the Chief Justice declared thtit British law did 
not recognize slavery — following the precedent in the case of the 
slave Somerset in England by Lord Mansfield in 1772 And our 
Act against slavery was the result of a charge of his to the grand 
jury in 1792. 

He was succeeded by Chief Justice William Dummer Powell, 
of whom mention has been made as being one of the judges of 
the Court of Common Pleas appointed under the Quebec Act of 
1774, in 1789, as a judge of the Detroit District, or District of 
Hesse, who came there in 1789 and continued there till he be- 
came a puisne judge of the Queen's Bench and continued so till 
1812, and in 1815 became Chief Justice and so remained till 1 825, 
when he retired and Sir William Campbell became Chief Justice 
of Upper Canada. 

Niagara or Newark continued to be the .seat of Government 
till 1796, when Governor Simcoe had it removed to York, which 
was then a forest with but the fort; the Governor spending the 
winter of 17V 4-5 there in a canvas tent, which by the way was an 



/'7;'V 



70 






intcrcstino; one, an it had beloiifred to tlio ct'lelji-ated Captain Cook, 
the discoverer of .so much of En<j;hind's domain, wlio was killed in 
1779 in Owhyliee (Hawaii), and he hin).self saw active service in 
the capture of Quebec by Wolfe, wliere also his father was an 
officer in His Majesty's service. Here His Excellency dispensed 
a regal hospitality, anfl, amonjx other distinguished guests, was 
Edward, Duke of Kent, father of our ,^racious Queen. And just 
hero, we have the funnit t incident in the whole history of that 
day, and that is ihe Duke's setting oti" from tha City of Quebec, 
where he was stationed, to visit Upper Canada with a French 
cnleche and French pony, as Mr. Reail, in his Life of Governor 
Simcoe, tells us he did. RecuUing the caicchc and pony and 
French driver, as I first saw them in 184G — where thev are still 
found in primeval vigor — and the pleasant drives to Mont- 
morenci, &c., I have greatly enjoyed this first stage of his Royal 
Highness in his long journey to our fine Province. It may be 
mentioned in this place that the (jrovornor, on his first \isit to 
Toronto, had determined that the old Indian name of Toronto 
should be changed to that of York, in honor of the Duke of York. 
There is no official record of how the name became to be changed. 
It is sufficient to say that the Governor so ordered and it was 
done accordingly. 

On the 29th August, 1793, the following order was Issued 
from the Governor's headquarters : 

" YoiiK, Upper Canada, 2Gth August, 1793. 

" His Excellency the Lieutenant Governor having received 
information of the success of His Majesty's arms under His Royal 
Highness, the Duke of York, by which Holland has been .saved 
from the invasion of the French armies, and it appearing that the 
combined forces have been successful in dislodging their enemies 
f'"om an entrenched camp supposed to be impregnable, from which 
the most important conse(|uences may be expected, and in which 
arduous attempt the Duke of York and His Majesty's troops sup- 
ported the national glory ; it is His Excellency's orders thfft on 
raising the union flag, at twelve o'clock to-morrow, a royal salute 
of twenty-one guns be fired, to bo answered by the shipping in 
the harbor, in respect to His Royal Highness, and in commenio.- 
ation of the naming of this harbor from his English title, York,' 

" E B. LiTTLEHALES, 

" Major of Brigade." J 
But I cannot let Judge Powell go yet, for he is sj closely 
associated with the exodus from Detroit to Sandwich, of our 
people and courts, that he is peculiarly the representative of a 
new era. He was born in Boston, Mass., 1755, sent to England at 
nine to be educated, and thence to Holland to learn the French 



71 



lo in 

MUO.- 

'ork. 



)sely 

our 

lot' M 

1(1 at 
lench 



and Dateli lani'iuiiies. He was called to tlu; bar in En<flaiul in 
1779, liad resided in Lower Canada, and iiad reniiered valuable 
aitl to the LJnit(,'<l Knii)ire Loyalists in ulitainini; our Constitutional 
Act of 171)1. He had been ajipointed a Conuuissioner of the 
Peace of the Province of Quebec in l7<Si), and in January, 171)1, 
he was ajtpointed Connnissioner of Oyei' and Terminer and (jaol 
Delivery for Quebec, and in 171)2 to the same otlice in and for 
Uj)])er Canada. From an entry founrl at Os^ooile Hall it ai)i)ears 
that he held a Court of Connuon Pleas at L' Assumption on the 
11th of Au<.mst, 171)1, by adjournment. 

On .*}rd September, 171)2, we havi; him presiditiij at His 
Majesty's Court of Oyer and Terminer at Satidwich, for the Dis- 
trict of Hesse, and in Octol)er, 171)'}, we find him presidin<^ Judt^e 
of Oyer and Terminer for the Western District, held at the court 
house of the " Township of Assumption," (this should be the pai ish 
of L'Assum))tion) in which the Town of JSandwich is situate. The 
District of Hesse havin*;- been in the meantime changed to the 
Western District, 1.5th October, 1792. 

At this second court held in U|)per Canada, he has as asso- 
ciates on the Bench, the Hon. James Baby and tlie Hon. Alexander 
Grant, the two gentlemen whom we i-ecognizo as niember.s of 
Governor Simcoe's first Executive and Legislative Councils, and 
both of whom we see before the month is out, viz , on the 17th of 
September, taking their seats in the first Session of the first Par- 
liament as Legislative Councillors, and whom later we shall see as 
County Lieutenants, the Connnodore for Essex and Mr. Baby for 
Kent. 

At this court a pri.soner was tried and convicted of man- 
slaughter, the sentence of the court as (expressed in the record, is 
" to be burned in the hand, and accordingly put in execution, be- 
fore the court." 

Chief Justice Sir William Campbell was the grandfather of 
our worthy friend and official, William A Campbell, Deputy Clerk 
of the Crown, and Clerk of the County ami Surrogate Courts, 
with his fine offices in Harrison Hall. The Chief Justice retired 
in 1821) and was then kni;^hted, and sui'ceeded in the Chief Jus- 
ticeship by the late Sir John Beverley Robinson. Sir William 
died in 1884 at Toronto, and his funeral was one of unusual 
impressiveness The Legislature was in session at the time and 
attended in a body, with the Bar and the Judges. 

SIR .JOHN BEVERLEV ROBINSON. 

My first recollections of the judges and court room take mo 
back to when the judge walked in his robes and cocked hat from 
the hotel to the court house, headed by the constabulary with 
their staves, accompanied by the Sheriff and Grand Jury; when 



Is. 



72 



m 



W 



tho readin*^ in clue form, by the Clerk of Assize, one of whom was 
Mr. VVm. ('amphell, the father of our present Clerk, of the several 
imposin;^ comaiissions of the juil^es took place, 1st, of Assize and 
Nisi Prius; 2n'l, of Oyer and Terminer; .*Jrd, of (lenernl Gaol 
Delivery. These coinmissions recounted the names of the .hidj^es 
and the associate Justices of the l^eace, winch I reinemher quite 
distinctly. 'J'he Hon, Tohn lieverley Ilohinson, Chief Ju>tice ; the 
Hon. Levius Peter Sherwooil, and the Hi>n James Buchanan 
Macaulay as puisne Judges. This would he a.s early as IHIJO. I 
began n)y practice in IHVA before the Chief Justice and thf Hon. 
Justices Miicaulay, McLean, Jones anil Haiferman. What nohle 
men! All sons of United lOmpire Loyalists, atid all havinjT been 
en<^a<^ed in the tlefence of their country in its earlier stru!:fj,des 
and tlio war of 1812, as well as in 18:{7, for I can recall sceini; Sir 
John and Sir James Macaulay untU-i- arms at the ujarl.et in 
Toronto, the ni<^ht w(; " men of r,ore" — 50 in nuio" I'r — arrived 
there in the steamer under Col. MacVab, and when our presence 
saved the city an<l the Province, for there was not a rc:^ular in 
llp|)er Canada, Sir Francis havin<^ unwisely sent all the troops to 
Montreal. 

I had the honor of kuowiiiij Sir John early, as havinp^ been 
accjuainted with n)y lather and eldest brother, who vv. re both 
barristers, he always came to see njy good mother, who was then 
a widow, and from that day to this J have always regarded him 
as the most perfect man I ever met. Sir Francis Bond Head says 
of hiai that " he was the ornament of the North American 
Colonies," and there is no doubt that he was so, and if he had had 
the higher sphere of Knglish life in which U) exhibit his great 
talents and attractions of person, manner and elo(juence, he would 
have reached the woolsack and been the Copley (Lord Lydhurst) 
of Canada. 

Byron, in his grand monody on the death of Sheridan, has 

th.esti two lines and 1 have always thoughc they were more 

appropriate to o'lr noble Chief Justice tha'i to tlie eloquent and 

gifted subject of his verse : 

Sighing thiU nature formed but one such man, v 

And broke the die— in moulding Sheridan. 

It is interestinij to know that while yet a student and 
twenty-oni years of age, he was, on the lOth November, IN 1 2, 
appointed acting Attorney General and was maih' Solicitor Gen- 
eral three years after, the Solicitor General, D'Arcy Boulton, 
being then a prisoner of war in France; and in .Sl7 was again 
appointed Attorney General, which office he held when appointed 
Chief Justice in 1820. At the convocation of Benchers in 
Michaehnas Term, 181 o, he (Mr, Robinson) was nwidea Barrister, 
Solicitor General and Bencher. R ipid promotion ? I ought here, 



73 



])erha[»s, to say that our Law Society was organizeil at Nia^'ara 
on the 17th of July, 17!J7, with ten nictnbers. 

Kent had the honor of having the Chief Justice appointed 
Registrar of the County, (as will be seen by a reference () the 
schedule of officials for the Western District in the appendix al- 
most as f^rc'it an honor as the proposal of the British Uovern- 
inent to sei. I the Earl of Chatluim as Governor to Canada, with 
£0,000 a year. The date i^dven is the 12th Noveujber, 1S2U, but 
his coninnssion as Chief Justice bears date the 1.3th July, l?S2y, 
and there is a manifest mistake here. This office he held up to 
18G2, when resignint^ he went to the Court of Appeal as its Pres- 
ident, and there continued till his death on the last day of Jan- 
uary, iHG.'i, in the 72nd year oi" his age. 

I give the following beautiful tribut( to the nol>.e Chief 
Justice from the Toronto Globe of June, 187'i, the day following 
the banquet given to him on his retirement from the Queen's 
Bench, by the Bar of Ontario. 

.: . THE (JLOHE's TRIBUTE. 

" We are not of the school of politics to which Sir John B. 
Robinson belonged, and were he in public life now, it is certain 
that we should differ widely from his views. But this ought not and 
sliall not prevent us paying a tribute of praise to a well spent and 
honored life. Sir John Robinson, in his .speech of last evening, 
gave cordial thanks to the late Rtv. Dr. Stewart, of Kingston, 
and to the Rev. Di, Strachan, who sat beside h'uu, a hale man of 
84 years, for their kind protection and training bestowed on him 
in his early years, wlien left an orphan ; and doubtless to them ho 
owed something of his early rise. But it is evident that the youth 
who distinguished himself on the field of Queenstown at the age 
of 25, and was thereaftei' made Attorney General, ere he had been 
actually called to the Bar in a formal manner, needed but little 
help in life. He was the architect of his own fortune. Possessed 
of a ready and clear, if not a profound intellect, a steady 
will, great activity, will and perseverance, Mr. Robinson 
would doubtless have succeeded in any country, but in 
a backwoods region like Canada, it is not wonderful 
that he rapidly took the first honors of the profession, 
and was called to the Bench at the early age of forty. He was, 
at that time and rcjnained for .some time after, the head of a 
powerful political party, and showed invincible determination 
and courajje in advocatinji its views. Doubtless, he was often in 
the wrong — who has not been proved by time to be in the 
wrong r — but no one will deny to him the credit of being per- 
lectly sincere and lionest in his convictions, and having labored 
for them with conscientious zeal and assiduity. In reference to 



74 






one part of }iis career no limit need be j)lace(l on our praises. He 
was a .strong friend of Hritisli connection and defencled this out- 
post of Knj^land with a coura<^e which knew no difficulty. As 
the acknowIed<fed head of society in this Province, Sir John 11 
Robinson lias exercised as ^reat an influence as in his political 
sphere and has usetl it in an eminently Ijenelicial manner. Inliis 
own personal liabits, temperate, frugal, chaste and di<^nified, 
liberal in his hospitality, a friend of morality, and an enemy of 
excess, there can be no (juestion that his exam[)le Ims had a pow- 
erful influence on social habits, not only in the city but through- 
out the whole Province. As subject, parent and member of 
society, he stands before his countrymen sans peur d sana reprochc, 
worthy of the honors bestowed upon him by his sovereign, and 
of the esteem and resj)ect of his fellovv-citi/ens." 

THE FAMILY COMPACT. 

The Chief Justice was the acknowledged head of the widely 
denounced " Family Compact "; but may Canada always have as 
honorable, independent and able men to administer her affairs. 
I have great pleasure in giving what Mr. Read says, in his " Lives 
of the Judges," as to this much assailed body of gentlemen. 

After saying that the Hon. Robert Baldwin Sullivan, Hon. 
William Allan, Hon. Augustus Baldwin, Hon. John Elmsley, 
, Hon. \Vm. Henry Draper were the Executive Council on the 18th 
April, 1838, he adds: "I do not call tliis a Family Compact 
viouncil," and " there are not wanting writers who have laid at 
the door of the Family Compact all the sins that Hesh was heir 
to in those days, including the non-reprieve of Lount and Mat- 
thews. After all, what was the Family Compact ? It was an 
organization composed of those who had originally settled in the 
Province, and, no doubt, thought they had at least a pre-emptive 
right to it, many of them having occupied positions of trust in 
the colony. They were men, not of the same family or always of 
kin to each other, but like the soldiers of old when they had con- 
quered a place they meant to hold it. The government of the 
country got into their hands, and they weie determined to hold 
it against all comers. The citadel had many defenders ; Beverley 
House, one of the principal bastions no doubt, being held by the 
Chief Justice, who never surrendered till the last gun was fired." 

Considering what was said of appointments generally 
by the Family Compact, and as they go at the present 
day, it can't be said that ours was a very bad one. But 
let me turn to another registrar's appointment in this Dis- 
trict, that of the late Colonel James Askin, of Sandwich, 
to the Essex registrarship in 1831, by the Family Compact. We 
got full Responsible Government in 1841, and yet in 185G the 



75 



Colonel rosignoil and his oldtst son, John, was apiiointcd \>y tht; 
Executivo of United Canada, ami continued to hold tht; oflici' till 
1872, when he resi<^ned and his sou was l»y a Reform Governiiuint 
of Ontario, appointed, and is now the occupant of the otHce. 
What a trihute to the first recipient an<l the selection of tlio 
Family Compact, and v;hat an honor, too, to the ^ood nam^ of 
Askin, sixty-Hve years' tenure of the same office in the sam»! 
family and not done yet! If the {>resent worthy incumhent had 
a son in addition to Ids six dau<^hters, the reversion mi^ht bo 
continued in the family — nil (lespcrnndum — as the ladies are j^et- 
ting into the Church, the Bar and Medicine, why ma\' they not 
with the progress of the franchise look to the spoils of otlice, and 
then what of the Ilec;istrarship of Essex with six such fair 
petitioners ? 

As a native Canadian, having had a large experience and 
acquaintance in Upper Canada since I first saw Toronto in June, 
liS8G — ^just before the general election of that year when Sir 
Francis Head was so fully sustained by the new House — I 
rejoice that my native Province had an Executive and Legislative 
Council, whether called the Family Compact or otherwise, of 
which the subject of the above admirable tribute was the recog- 
nized chief, and wdiose counsels, no doubt, were paramount ; and 
I humbly express the hope that every coloiy of Her Majesty's 
vast empire may enjoy the same blessing. I say this because 
under the Proclamation of l7'J'i which gave the colonists the 
right to have assemblies such as the thirteen English colonies had, 
the privilege was never exercised and the Act of 1774 declared it 
inexpedient to call an Assembly and vested the Legislative power in 
persons appointed wholly by His Majesty and removable at his 
pleasure, so that during the twenty-eight years no Legislature 
was asked for. Then our Constitutional Act of 1791 
didn't give us Responsible Government. This was only 
got in 18tl, and the complaint of an irresponsible Exec- 
utive was wholly unwarranted so far as the Constitution 
went, for their was no power to make the Executive responsible 
to the House. It was responsible to the Crown, and the Sove- 
reign was jealous enou >h to wish to hold it, and in no way desirous 
of relin(|uishing this prerogative, and especially to a Canadian 
Legislature so likely to be infected with the adverse spirit of 
177(). Then see how even in England with Responsible Govern- 
ment nominally in full operation, the views and voice of the 
House were continually thwarted by the influence of the Sove- 



reign. 



MICHIGAN UNDER THE JUDCiES. 
Again look at the Territory of Michigan after we left it in 



76 

July, 1790, and see what its administration under the Governor 
and Judges as the Executive and Legislative bodies, was. Matters 
could hardly have been worse, and as compared with the way in 
which Upper Canada was administered by Governor Simcoe and 
his successors, was one hundred years behind us. This period of 
the Governor and Judges presents some strange constitutional and 
municipal history. But look to-day at the Federal Government 
of the United States and that of the forty-five States, and the 
element cf responsible Government is wanting in all, no further 
advanced than Upper Canada during the days of the Family 
Compact and yet Bid well, liolph, MacKenzie, etal, could only see 
constitutional freedom in things American, while everything was 
tyranny in Canada. They all lived to be wiser men, and Upper 
Canada before the Union and Responsible Government, was as 
prosperous and happy a people as it has been since the Union, 
and, up to 1841, while the population of the United States had 
increased twenty fold, that of Upper Canada had increased nearly 
one hundred fold. 

OUR JUDGES. 



Then follows a long Hue of judges, whose names will be found 
in Read's " Lives of the Judges," down to the late Mr. Justice 
O'Connor, 1887, and I would again earnestly rccomn)end this 
interesting volume to my readers as a I'eservoir of judicial, polit- 
ical and social history ; and these names with othcis down I give 
as an appendix. (See appendix.) 

Have we not reason to be proud of our judges and courts ? 
And as of our judges so of our bar, from whom they are drawn. 
Kent has great reason to be proud of her's. Already two of 
them, Mr. William Douglas, Q. C., and Mr. Matthew Wilson, Q. 
C, have appeared before the Judicial Committee of the Privy 
Council in England, to argue the important (juestjons involved in 
the drainage case of Williams v. the Municipality of Raleigh. 

And how suggestive is this word drainage. It first appeared 
in our statutes in 1834 (4 Wm. IV, c. 12, s. IG) as the Ditches 
and Watercourses Act with i\\Q fence viewers as the court, without 
appeal. It has gone on expanding with its engineer and appeal 
to county judge, and into the government drain and the muni- 
cipal drainage system, until it has reached the dimensions of a 
"Little Holland" under the Forbes scheme, and the enlarged 
views of Mr. Augustine McDonell, C. E., of this place, and the 
entire range of colonial judicial tribunal, until it has further 
attained to the dignity of an appeal before the Committee of the 
Privy Council in England as just stated. Tempora mutantur. 

And it must not be forgotten that to the act of the Hon. 



^' • ■ 77 ■ 

Archibald McKellar as M. P. for Kent, in l.S6(), the great chantro 
took place, through the debenture system. 

Then we have the referee, Byron ivl. Brition, C^. C, discharg- 
ing the functions of the judge and arl)itrator as a special officer 
in the interests of those seeking the benefits of drainage ; and the 
Government has also appointed a commission to consider this 
great question and promote the necessary legislation which has 
been so fully and ably carried out under the direct on and pro- 
fessional 5,kill and ability of oar friend the Chairman, John 
Brown Rankin, Es(iuire; the tether members of the commission 
being Mr. Balfour, IvJ. P. P., honorary member; Mr. W. G. Mc- 
Georgc, C. E., Mr. Robert Lamarsh and Mr. A. Mclntyre. 

THE LOCAL OSfiOODE. 



[ared 
Iches 
pout 
[peal 
luni- 
|of a 
rged 

the 
Ither 

the 

[on. 



Harri.son Hall is our local Osgoode p.nd may it ever maintain 
the high character of the parent seat of justice. Sacred is the 
building consecrated to the administration of" justice whether civil 
or criminal. There is nothing that more distinctly characterizes 
a people than its judiciary. In this England stands pre-eminent 
among the nations of the earth, and Canada has sought to uphold 
the high standanl presented by the Mother Country. This high 
tone was no doubt owing to the fact that as a Crown colony our 
Judges and Crown officers were appointed in England. I can re- 
member thai/ as late as 1835 Mr. Jamieson . ime out here as 
Attorney General, and was made our first Vice-chancellor on the 
formation of the Court of Chancery in 1837 — the Lieutenant 
Governor Sir Francis Bond Head being the Chancellor ex officio — 
and being the firs*- purely civil Governor Canada had had up to 
that day. 

Now we appoint our own Judges, and our Bar presents as 
good a field for choice as could be found anywhere ; ami it early 
became such, for 1 recall the fact that the Hon. Henry John 
Boulton who unsuccessfully contested Kent in 1845 with my 
brother, was the ex-Chief Justice of Newfoundland, to which high 
office he had been called while Attorney General of Upper Canada. 

Sacred as this hall then is in its dedication, let it know 
neither race, creed, nor color. The goddess of Justice with the 
Romans was represented as being blindfolded and holding the 
.scales of Justice with an impartial hand, blind to all surrounding 
persons and circumstances from which undue influence might 
come ; and may we not hope that in Ontario and Canada at large, 
this judicial blindness may ever prevail'^ The arms and motto 
of our honorable Society suggest the administration of justice 
with golden scales and the freedom that Magna Chorta proclaims. 



78 



LOCAL COURTS, 



In this connection I must speak of our local courts. The 
fiist court held in Kent after the old court of Hetjuests with its 
coniniissionors had passed away, was under the Act of Unite<l 
Canada, 4 and 5 Vii,., c. 53 (1841) on the piece of oround directly 
opposite Harrison Hall, where the Central School now stands 
and where the first >)ublic school was re-established. It was held 
by the late Charles Eliot, Esquire, who for many years had been 
judge of the Western District and chairman of the Quarter Ses- 
sions. He was a most accomplished gentleman, had been an 
officer in one of His Majesty's regiments of Foott, and was the 
uncle of our late friend, Mr. A. R. McGregor, of this city. 

I myself in the .spring of 1(S43, the first year of my practice, 
took the circuit wliich extended from Sandwich to Sarria and 
and held court in Chatham, and thence to Dawn Mills and on to 
Sarnia, reaching home by way of Michigan, after having very 
nearly lost my life and horse in crossing a stream in Michigan 
after dark, the bridge over which, or rather the approaches to 
which, had been carried away by the spring freshets. Quite a 
contrast to my present circuit which I make wholly by rail. 

And yet even now there are some drawbacks. I recall that 
last year to reach Merlin — .sixteen miles from this — and return 
the same day, I had to use four railways — the Erie & Huron, the 
Lake Erie & Detroit River, the Michigan Central and the Cana- 
dian Pacific Railways — with two sleighs and a tlrive of six nules. 

As I have Vjefore stated our separate court organization took 
place in lcS.50, and in January, 1851, our first County Court and 
Quarter Sessions were opened by William Benjamin Wells, 
Esquire, our first judge, and I had the honor of making the 
first speech within its walls and successfully defending some 
fellow for larceny, for there were no civil cases. The late judge 
and I came here together, he from the east and I from the west. 
The judge had represented Leeds in the Upper Canada Legisla- 
ture for some years and was an active politician and among the 
very few literary men then in Canada, and was the author of a 
work on Canada, entitled " Canadiana," containing sketches of 
Upper Canada and Upper Canadians in its political affiiirs, 1837. 
He resigned in 1878 and was succeeded by His Honor Judge Bell. 
The other officials were John Waddell. SheriflT; George Duck, jr., 
Clerk of the Peace. The Crown Attorney was not known at 
that time and the office was only created in 1857. Peter Paul 
Lacroix, Deputy Clerk of the Crown and Clerk of the County 
Court and Surrogate Clerk, and good old Mr. Robert Payne, as 
jailer, while Captain Glendening was Clerk of the Fir.st Division 



79 



some 
judge 
west, 
gisla- 
'f tlio 

of a 
es of 
1.S37. 

Bell. 

n at 
Paul 
unt^y 
e, as 
ision 



Court, and Mr. Win. B. Wells, the late judt^e's eldest .son, has 
been and still i.s the .second. 

Since I began practice I have known four .systems of plead- 
ing, and seen the establishment of live new courts: The Court 
of Common Pleas ; the Supreme Court of Canada ; the Exchecjuor 
Court; the Maritime Court; an Admiralty Court, and the Speedy 
Trials Court for Criminals. (1) The pleadin<> prior to the Reyulae 
Generales, consisted of numberless counts and innumerable pleas, 
with its "general issue of unbounded and illogical efi'ect," special 
den)urrers, declarations, pleas, replications, rejoinders, rebutters 
and surrebutters. (2) That of the Regulae Generctles, 1843, by 
which the general issue was greatly curtailed in its operation, and 
the counts reduced to one for each cause of action and one plea 
to each separate ground of defence. (3) That of the Common 
Law Procedure Act, 1850, combining both law and equity under 
the right (o add an eijuitable plea, and providing that a pleading 



need not be signed by counsel nor should wager of law l)e 



allowed ; a great advance upon the old .system, relieving the 
courts from the reproach of sending suitors like shuttle cocks 
from one court to another and being sent to chancery to be 
enabled to go to common law ; and it was in this new .system 
that our Chief Justice Harrison so distinjruished himself as a 
legal author. (4) The great and radical change under the Judi- 
cature Act of 1881, preceded by the amendment tending to this 
change in the Act of 1873, which was in advance of the English 
Judicuture Acts, and which shewed a strong desire on the part of 
the Attorney General, Sir Oliver Mowat, to fuse as much as pos- 
.sible law and equity. These were all progressive and amelior- 
ative steps in the great cau.se of Justice. In the Judicature Act 
we find more than a change in pleading and see there the great- 
est changes in the constitution and practice of the courts. The 
venerable Court of Queen's Bench extending in England over 
1000 years, and extended to Canada by the proclamation of 1704 
and the Constitutional Acts of 1774 and 1701 and continued by 
our Provincial Act ci! 1704, was by the Judicature Act of 1881, 
abolished and absorbed in the High Court of Justice for Ontario, 
and so with the Court of Chancery established in 1837, and so 
with the Connnon Pleas established in 1840, and all j)ut upon a 
common footing, doing away with the dual .system and the great 
vice of a divided jurisdiction with its anomalies and incon- 
veniences, and largely with the Jury .system. 

And the Acts of the last Session to consolidate the Acts 
governing the Supreme Court of Judicature and the Law Courts 
Act, 180;"), of great importance, relating to appeals, proc(^dure in 
in the Court of Appeal, divisional sittings of the High Court, ap- 
peals to and from Divisional Courts and the sittings and consti- 



80 



jr. 



tution of Divisional Courts, and the reduction of the cost of 
evidence, that will go into operation as soon as a proclamation is 
issued, provide great reforms and must make great changes for 
the better. 

The County Courts have usually partaken largely of tlie 
practice of the Superior Courts, except where the restraint of 
jurisdiction has been imposed. 

But it is when you come to the Division Courts, truly called 
" The Poor Man's Court," tliat you find a very simple and effec- 
tive mode of a(hninistering justice between man and man, and 
taking in almost all the ordinary transactions of life, with a juris- 
diction reachinii to $200 in certain cases, sittings at all the chief 
points in the County — in ours — nine towns and villages almost 
monthly, attended by the best lawyers, the record a simple " state- 
ment of claim" and "dispute," as comprehensive as the "general 
issue " of ancient days, a fair regard for the rules of evidence, 
execution within fifteen days, with "immediate" or "speedy" 
judgment by leave of the Judge, Judgment Summons with power 
of committal for forty days, jury, and appeals in drainage, fence- 
viewers. Master and Servant, &c., with direct appeal to the Court 
of Appeal of Ontario, in cases over $100, and suitors having little to 
desire or complain of. In this Court and in this County more 
than $100,000 have been sued for in a year, a sum greater than 
that adjudicated on by all the Superior and County Courts for the 
same time. This Court, it is thought, v ill be made still more use- 
ful by an increase of its jurisdiction p ' ips at the expense of the 
County Court ; but whatever the chang may be, we may reason- 
ably suppose that with so experienced a legislator as Sir Oliver 
Mowat, it will be in the right direction, and giving the public 
fresh reason for congratulation. This Court dates back to the 
reign of Henry the VIII., as the " Court of Conscience " is found 
in operation under the Governor in Quebec and Detroit, and on 
our Statute Book as the Court of Requests as early as 1792. 

And as it has been in civil matters, so it has been in criminal 
the Speedy Trials Act, before the County Judges ; the extended 
jurisdiction of Police Magistrates, of whom there are three in this 
County, who may try for felony and misdemeanor, the dispensing 
with jurors, and other Acts and provisions simplifying criminal 
procedure are among the evidences of a determination on the part 
of the Legislature to make criminal procedure what it should be. 
It was only the other day that I astonished (*r\ Amftrican friend 
familiar with criminal trials on the other p'de. liv ';» ;i\' him that 
a party charged with and imprisoned for '^' Ji >' >n' mi:.'.' '..^eanor, 
could on the same day of his arrest b«^ at his v \ wil, u r«:gned, 
tried, convicted and sent to the penii .liary f r dfje' k years. 



more 



81 



CHATHAM HISTORICAL. 



Anything of a historical nature connected with the Town has 
been so fully supplied in connection with its inauguration as a 
City, that I may be excused from saying much on the subject. 

There is nothing of historical interest attaching to the lot on 
which our building stands, but just there at the Merchants Bank 
a bridge once stood, connecting the military reserve with this side 
of the Creek, and over that humble bridge passed the brave 
Shawnee Chief, Tecumseh, on the 3r(l of October, 1818, to the 
military ground now our beautiful Tecum^eh Park, where with 
his men he lay that night, while the regular British forces under 
General Proctor lay on the north side of the Thames, between 
what is now the line of the Erie & Huron Railway down to the 
Cosgrave farm at the lower end of the town. Here the great 
Chief wanted to n:ake his stand and give battle to the Americans 
under General Harrison, the grandfather of the late President of 
the United States, and who himself became President in 1840 for 
the short peiiod of one month. 

In our vaunted superiority we are prone to say, " Lo, the 
poor Indian," with all that this implies ; but may we not draw a 
valuable lesson from the example of this " untutored " but faithful 
Indian warrior, and show the patriotism which he exhibited in 
laying down his life for his adopted country ; choosing rather to 
suffer affliction with the people of Canada, than enjoy the pleas- 
ures of the United States for a season, and esteeming the reproach 
of being a British ally greater riches than the treasures of Uncle 
Sam's Republic with all its vastness and wealth ? Better to be an 
Indian Chief, with such a record, than even a Goldwin Smith, 
with his odious itch for annexation, and his distempered doctrines 
of " manifest destiny," &c. 

But to pursue our recollections. What shall we say of the 
minor municipality in this happy work of co-oncr.ition ^ Chat- 
ham is not, that I know, remarkable for anything in a historical 
way, except the Tecumsf>h incident and that portion of it known 
as Tecumseh Park, whic.i we must ever associate with the loyalty 
and devoted patriotism of our aboriginal allies. It wai laid out 
on this side in a block of 600 acres on Lots 1 and 2, Harwich, and 
24, Raleigh, extending from McGregor's Farm on the east to 
Lacroix street on the west, by Governor Simcoe in 1795, and 
added to in 1851 by taking in Lots 23, 1st Concession, and 24, 
2nd Concession, Raleigh, Robinson Estate, and No. 1, Ist Conces- 
sion, Chatham, and No. 24, 1st Concession, Dover. 

Chatham will yet vindicate the sagacity and sound judgment 
that chose it as an important centre, and the day is not far off 
when she will have her true position among the cities of our great 



82 



Dominion and go forward, as she deserves » do, as the metropolis 
of Kent, the Garden of Canada. 

There was no permanent settlement here for many years 
after the survey and not till 1830, althouf^h Governor Simeoe had 
a shipyard at this point, and built a block house on the reserve, 
and although Abram Iredell, P. L. S., who laid out the town, 
built a house and planted an orchard, some trees of which may 
still be seen on Lot 17, on the corner of William and Water 
streets, where Mr. John Smith and Mr. Colby live. The first pei- 
manent settler was the late William Chrysler, the father of our 
good old collector, after whom the ward was named in 1855, who 
settled and built on Lot C, now occupied by our esteemed fellow 
citizen. Dr. Holmes, as his fine residence. 

It first took its place in the municipal organization of On- 
tario as an incorporated village in 1852, with five Councillors, and 
taking in Chatham North, which had been laid out by my late 
brother, Joseph, in 1837. Its next stage was to become an incor- 
porated town in 1855, with nine Councillors, and with A. D. 
McLean, Barrister, as its first Mayor, and Duncan McCoU as 
Clerk, as he had been of the village. Its members were : Thomas 
A. Ireland, Archibald McKe'Iar, Alexander D. McLean, Joseph 
Northwood, John Smith, John Waddell, John S. Vosburgh, John 
Winter, and myself. Mr. Henry Smyth, representing the 
Mayor at the inauguration of our City on the 1st July, took 
occasion to say that I was the only survivor of the whole number. 
And it is somewhat remarkable that of these gentlemen one be- 
came Senator Northwood, another the Hon. Archibald McKellar, 
as a member of Sir Oliver Mowat's Cabinet, and later Sheriff of 
the County of W^entworth, as he had been M. P. for Kent, and 
M. P. P. for Bothwell through several years ; Mr. Smith became 
the member for Kent in 18G7, and Mr. McLean became Crown 
Attorney and Clerk of the Peace in 1859, while I have become one 
of the Judges of the County. 



83 



CHAPTER IX. 



&i 



CONFEDERATION. 

said when speaking of Lord Sydenham's Government 
and tlie introduction of our Municipal Institutions and 
Responsible Government, we got complete self-govern- 
ment with the Union of Upper and Lower Canada in 1841, which 
continued to Confederation, 1 807, with the four Provinces of 
Upper and Lower Canada, Nova Scotia and New Brunswick, now 
extended to all the Provinces except Newfoundland (which, in 
the colonial system, is not considered a part of British America) 
with a progress and development on every line of national growth, 
until Canada to-day is as prominent in the world as any other 
portion of it. But this is the su^ij 'Ct of every day's report and 
discussion and does not call for any special reference from me in 
connection with my subject, except that it is the first attempt at 
Confederation between a group of liritish Colonies, and it is to be 
hoped it will be followed by the other great colonies and that all 
may be brought into imperial co-operation as indicated by the 
Ottawa Conference in June, 1894, and by Mr. Chamberlain, our 
new Colonial Minister. I present, however, the members of the 
first ministry under Confederation : 



President, . . . 
Minister of Justice 
Secretary of State of Canada, 
Finance Minister, - - - 
Minister of Pul)lic Works, - 
Postmaster-General, 
Minister of Agriculture, 
Receiver-General, - - - 
Minister of Militia, - 
Minister of Customs, 
Minister of Inland Revenue, 
Minister of Marine and Fisheries, - 



- Hon. A. J. Blair 

Hon. Sir John A. Maedonald 

Hon 



L. Langevin 

- Hon. A. T. Gait 

Hon. Wm. McDougall 

- Hon. Alex. Campbell 

- Hon. J. C. Chapais 

Hon E. Kenny 

Hon. Sir. Geo. E. Cartier 

- Hon. L. L. Tilley 

- Hon. W. H. How land 

Hon. P. Mitchell 



Secretary of State for the Province, Hon. A. G. Archibald 



ONTARIO. 



But of this constellation our noble Province of Ontario 
stands out pre-eminently as the bright particular star and a 



84 



review of it under its centennial effulgence would enable us to 
present it in successful rivalry with any other portion of the 
globe, not excepting England, or the Empire State of the Repub- 
lic. But we are not surprised at this when we rcmeiMber the high 
character of our Governors-General and Lieutenant-Governors, 
Let us recall the words of Governor Sinicoe on the prorogation of 
the first session of the first Parliament of Upper Canada and see 
if we cannot find in them the key to the high character of our 
institutions, people and country. 

"I cannot dismiss you without earnestly desiring you to pro- 
mote by precept and example among your respective counties the 
regular habits of piet}- and morality the surest foundations of all 
public and private felicity ; and at this juncture I particularly 
recommend to you to explain that this Province is singularly 
blessed, not with a mutilated constitution, but with a constitution 
which has stood the test of experience an<l in the in.age and tran- 
script of Great Britain, by which she has long established and 
secured to her subjects as nmch freedom and happiness as it is 
possiMe to be enjoyed under the subordination necessary to civil- 
ized society." 

And the words of Sir Francis Bond Head in his farewell ad- 
dress to Parliament in March, 1888, are equally deserving of 
recall : " May the resplendent genius of the British Constitution 
ever continue to illuminate this noble land, and animated by its 
influence, may its inhabitants continue to be distinguished for 
humility of demeanor, nobility of mind, fidelity to their allies, 
courage before the enemy, mercy in victory, integrity in com- 
merce, reverence for their religion, and under all circumstances 
implicit obedience to their laws." 

On the 4th of April, 1893, our present popular and able Lieu- 
tenant Governor, the Honorable George A. Kirkpatrick, on the 
opening of the new Parliament buildings, said : " It gives mo great 
pleasure to meet you as a Legislative Assembly for the first time 
since my appointment as Lieutenant Governor, and it is par- 
ticularly gratifying that I am privileged to do so in these beauti- 
ful buildings now so recently completed, and so well adapted for 
your accomodation and the convenience of the public service. I 
regret that the condition of the work did not admit oi my caliir;^; 
you together at an earlier day. It is to me a source of historical 
interest to remember that I am addressing the Legislature of this 
Province in the f^rst year of the second century of the existence 
of representative Government in Canada. The progress of events 
from the first Parliament opened by His Excellency Governor 
Simcoe at Niagara in 1792, to the opening of this Parliament to- 
day, shows what great strides have been made towards the 
development of the country and the enlargement of the privileges 



85 






the 
great 
time 
par- 
all ti- 
for 
I 

llirp: 
)hcal 
this 
ence 
/ents 
jinor 
t to- 
the 



of citizenship under tlie Constitution ^'iven to us by the Imperial 
Parliament. As a native of Ontario and for many years con- 
nected with the public life of Canada, I rejoice to believe that 
under our present relations with the Empire we can enjoy every 
right and privilege necessary to the fullest exercise of self- 
government." 

Professor Wm. Draper in his Civil War in America, says : 
" There is a period in the life of a nation when it i*^ ashamed of 
the opinions handed down to it." 

I am proud to say that in this long review of our young 
coiintry we find no room I'or shame, for the record is a most 
honorable one — slavery put an end to at once, marriage jealously 
guarded, virtue invoked, and vice denounced, liberty of the person 
and security of life and property promoted b\' the wisest legisla- 
tion, verifying the words of Sir Wm. lilackstonc, when, in speaking 
of England, he says: 'A land, perhaps the only one in the uni- 
verse, in which political or civil liberty is the very end and scope 
of the Constitution." 

And my prayer is that the righteousness enjoined by our 
good Governor Simcoe may ever increase, and exalt us as a 
nation and save us from those sins which are a reproach to any 
people. - . - . • • • • ' 

PllOCLAMATION OF SIMCOE, APIIIL, 1793. 

I should like to .say that so rapid was the growth of the 
country after the closing of the American War in IT^SS, that by 
1700 the population of Canada had reached probably over IGO,- 
000, and by 1708, when, after Canada was divided into nineteen 
counties and districts, the four originiil districts of the Province 
contained twenty-three counties and 158 townships. To-day as 
a further evidence of our continued growth Ontario has forty-Hve 
counties and over 800 townships. And it should not be forgotten 
that while the population of the United States has increased 
twenty-one fold since 1700, that of Canada has increased eighty 
fold ; although the United States had a century and a half start 
of us, aided by British credit and wealth. And even by the cen- 
sus of 18f)i) and 1891 in each country, while their population has 
increased eighteen times, ours has increased twenty times over 
the census of 1880 and 1881. I must give the names of the Gov- 
ernors-Gei n-al of Canada from the first down to the present, and 
the Lieutenant-Governors of Upper Canada. (See appendix.) 

I now again refer to the first number of the " Upper Canada 
Gazette or American Oracle," the first newspaper published in 
Upper Canada on the 18th April, 1793, at Newark, and "think 
myself happy " in having the opportunity to repeat this admir- 
able appeal to the people of Kent, and thank Sheriff Mercer for 



86 

placing it at my disposal. It is a somewhat striking circumstance 
that (he last criminal statute of Canada -the lamented Sir John 
Thompson's Code — provides, for the first time, a punishment for 
the offence of incest, which hitherto has been regarded as an 
ecclesiastical one, not punishable by a Civil Court. 

PEOCLAMATION. 



JOHK GRAVES SIMCOE. 



PROCLAMATION FOR THK SUPPRKSSION OF VICE, PROFANENE.SS 

AND IMMORALITY 



-BY — 



His Excellency John (Jraves Simcoe, Esquire, Lieiitknant-Oovkrnoh and 

Colonel Commandino His Majesty's Forces in the Province 

OK Ui'PER Canada. 



WHEREAS, it is the indispensable duty of all people, and more especially of 
all Christian nations, to ptiMerve and advance the honor and service of Almighty 
(lod, and to discourage and suppress all vice, profaneness and imH\orality, which 
if not timely prevented may justly drav c*wn the Divine vengeance upon us and 
our country. And His Majesty having r tlio promotion of virtue and in tender- 
ness to the best interests of his subjects, given command for causing all laws made 
against blasphemy, profaneness, adultery, fornication, polygamy, incest, profana- 
tion of the Lord's day, sweatintt and drunkenness, to be strictly put in execution 
in every part of the Province, I do, therefore, direct, require and command the 
peace officers and constables of the several towns and townships, to make present- 
ment upon oath, of any of the vices before mentioned, to the justices of the peace 
in their section, or u^ any of the other temporal courts. And for the more effec- 
tual proceeding herein, all judges, justices and magistrates, and all other officers 
concerned for putting the laws against crimes and offences into execution are 
directed and commanded to exert themselves for the d\.f prosecution and punish- 
inent of all persons who shall presume to offend in any of the kinds aforesaid ; 
and also of all persons that contrary to their duty, shall be remiss or negligent in 
putting the said laws into execution. And I do further charge and command, 
that the Proclamation be publickly read in all courts of justice on the first day of 
every session to be held in the courts of tl •; present year, and more especially in 
such of His Majesty's courts as have the cognizance of crimes and offences; 
recommending the same to all Christian ministers of every denomination, to cause 
the same Proclamation to be read four times in the said year, immediately after 
divine services in all places of public worship and that they do their utmost 
endeavor to incite their respective auditors to the practice of piety and virtue, and 
the avoiding of every course, contrary to the pure morality of the religion of the 
holy gospel of Jesus Christ. 

(Jiven under my hand and seal at arms, at thi' *!overnment House, Navy 
Hall, the eleventh day of April, in the year of Our Lou I one thousand seven hun- 
dred anil ninety-three, and in the thirty-third year of His Majesty's reign. 

By His Excellency's command, J. G. S. 

Wm. Jar vis, Secretary. 

KENT'S llEOISTttY OFFICE AND ST. JOSEPH'S ISLAND ' 

t*flP H^''^^ piitry in our registry office here relate^ to the ap- 
pointi/it'lii ui iDitor to the estate of one Campeau, by Judge 
Powell, on tfie 2nd of July, 1789, which would .show that the 



87 



.Tu<l^e had lost no ^ime in onteriiinr upon the duties of his cifHce, 
as he arrived in Detroit on the 1 otli of June. And we see on SOth 
June, 170S, the registry of a transfer of tie Ishind of St. Joseph 
or Cariboux, in Lake Huron, by the principal chiefs, warriors and 
people of the Chippewa nation to Alexander McKee, Deputy 
Superintendent and Deputy Inspector General of Indian Attiiirs 
for and in behalf of His Majesty leorge HI. 

The case of Fields v. Miller in our own Courts, 27, T^. C., Q. 
B., },nves some interesting' particulars of the grant Wi^^ and survey- 
ing uf Lot 17, 2nd Concession, Harwich, by the l^and Board of 
Hesse, described in the grant as Lot 17, 2ad township south .side 
River La Tranche, and of the townsldp as well. Deputy Surveyor 
Iredell was the surveyor, a well known nam. here at that time, 
and the same as laid out the Town of Chatham in 179o. I give a 
copy of the Land Board certificate in this case. 

"At a meeting of the Land Board of the D'^^trict of Hc.s.se, at 
the Council House at Detroit, on Friday, 28th .-)eptember, 1702, 
Lieutenant Colonel England. President; John Askin, Esq., Lou- 
vigney Montigney, E.s(|., members, James O'Brien, petitioner for 
Lot 17, Second Township, Second Conce.s.sion, south side River La 
Tranche, having appeai d, the Board grant him said lot, having 
administered the oath of fidelity and allegiance to him as by law 
directi'd. Signed by the President and members." 

The Township later on received the name of Harwich, and 
the name of the river was changed in ./uly of that year at King- 
ston by Simcoe to its present name, and it will be observed that 
the first Parliament of Upper Canada had been ten days in 
session. 

In September, 1789, an order was issued from Quebec to the 
Board of Justices in the District of Hesse, defining the lands for 
settlement in Canada, beginning at the western boundary of the 
last purchase from the Indians west of Niagara. 

Chief Justice Campbell says : " In 1789 provision was made 
for granting lands in the Province to American refugees, and the 
region lying east of the Detroit River and north of Lake Erie 
was largely settled by Dutch Tories from New York. The result 
was to excite among the Americans who afterward settled in 
Michigan a fierce animosily against that cla.ss of these neighbors 
which was of long standing. In regard to the other British peo- 
ple, the feeling was more kindly, except as to the Indian agents 
and emissaries, who were never forgiven for thoir .share in me 
massacres of the Americans," 

In 1792 there were but five surveyors in the Province and 
these were sent by Lord Dorchester to Governor Simcoe to aid 
him in laying out his grants and townships. 

In the earliest days of the settlement, lands were surveyed 



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88 



under the direction of the King, by an officer appointed for that 
purpose and the same method prevailed under British rule. I am 
able to give a copy of one of these appointments taken from 
Farmer : 

" In consequence of repeated complaints made by several of 
the inhabitants that their neighbors have encroached on their 
farms and that they do not actually possess the quantity specified 
in the primitive grants and for n-hich they pay rents to His 
Majesty ; therefore, Mr. James Sterling, being an experienced and 
approved surveyor, I have appointed him King's Surveyor at 
Detroit ; and for the future his surve;/s shall be looked upon as 
valid and decisive, and whom it may concern are hereby ordered 
to conform thereto. 

" Given under my hand and seal at Detroit, April 21st, 1774. 

"Henry Bassett, 

" Major and Commandant." 

From other old records it appears that Philip Frye was the 
surveyor March 27th, 1785. He appointed Thomas Smith his 
deputy on May 8th, 178V. Peter McNiff acted as surveyor m 
1794 and 1799. 

My brother Joseph studied surveying under Thos. Smith who 
came to live on the Canadian side and who was so highly 
esteeviied by the citizens of Detroit, that upon Detroit being burnt 
down in 1805, they sent for him to lay out the city under the 
direction of the governor and Judges' plan ; and the historian 
adds, " His Britanic Majesty's Surveyor Thos. Smith was brought 
over from Tipper Canada to assist in that arduous undertaking." 

LORD SELKIRK. 

In addition to the very rapid settlement of the Province in 
this part of the country through the United Empire Loyalists 
and others, there was one exceptional and remarkable one, that 
of the Earl of Selkirk, in 1804, at the Chenal Ecarte, and Big 
Bear Creek, now the Sydenham, know as Baldoon. Baldoon 
farm consisted of 950 acres and other lots were' taken up on the 
Sydenham and the Earl brought out 111 of his sturdy Highland- 
ers, many of whose descendants are still with us. In addition to 
this he got the lots at this end of the townline, 24, 1st concession, 
Dover, and 1, 1-t concession, Chatham, 578 acres, both of which 
my father bought from him and which form the north part of our 
city. I called Selkirk street after the Earl and Baldoon street 
after the settlement to which it leads. My father was His Lord- 
ship's solicitor, and I recall the large trunks an<l boxes containing 
the papers of the estate and those of the officials connected with 
it. My father came from the Montreal Bar in 1800, and being 
master of the French language was enabled to make himself very 



89 



useful between the people of the laroe French settlements and 
the En<^li.sh speakinjjj settlers ; and the merchant princes who 
came across the Detroit River and settled in Sandwich with these, 
made a fine f-Iientanfe — The Pattinsons, Maclntoshs, Meldrums, 
Parks, Innes, Dutfs, Leiths, McGre^^ors, Babys, etc. How well I 
remembei' the enormous warehouses and other buildings on the 
river front and on their own premises, all of which as the fur 
trade passed away were just allowed tostan<l empty from year to 
year ard go to ruin. Those at Moy on the Macintosh estate were 
oniy displaced on the Great Western Raihvay getting its right of 
way along the river front in 1851. What a vast trade was done 
through those old storehouses. It is a matter of record that Mr. 
Richard Pattinson made as much as £100,000 in one seasons sale 
of furs owing to Napoleon's demand for the article in his campaigns. 
And iti is said that when Detroit surrenderetl to Major Rogers in 
1700, he found there i;f)00,000 of furs, f^^oo-oo^ 

I ought to mention that a wrongful act on the part of General 
Hull, when in possession of Sandwich in July, 1812, towards this 
Selkirk settlement, led to severe charges being made against him 
both by his ow- n people as well as by the Canadians ; he sent an 
officer to Baldoon, who seized and carried off several hundreds of 
Merino sheep, which were valued very highly, and took them to 
Detroit, but which it is said he did not use for the maintenance of 
his army but for his own purposes. This was done in the very 
face of his own proclamation : " 1 promise you protection to your 
persons, property and rights." But he little thought the heroic 
Brock would so soon be upon his trail and hold him to a full 
account as he did. I mention the above facts as well to show the 
prosperity of the people at that early day as the losses they were 
exposed to by Hull's invasion, which through General McArthur 
extended as well to Moraviantown as to the Selkirk settlements, 
and the subsecpient ones of Harrison and McArthur whose de- 
structive work went as far east as the Grand River. 



00 



CHAPTER XI. 



THE RIVER DETROIT NAVIGATION. 

^i/^AVING had our chat about the islands oi" the river let us 
"/V ask when we first hear of the navigation of it. As to 
^^ ^ vessels, the Griflon must be first named and for the fol- 
lowing particulars,, as for much more in these pages, I am inaebted 
to Farmer's valuable history of Detroit. Her tonnage is variously 
stated at from forty-five to sixty tons. She carried five canon 
and was built by LaSalle at the mouth of the Cayuga Creek near 
Niagara in the spring of 1679. After several short trial trips, on 
7th August with Chevalier LaSalle, Father Louis Hennepin and 
soire others, thirty-two in all, she started on her first real voyage, 
arriving at the mouth of the Detroit on August 10th. 

Two days after, on the festival of Sainte Claire, she entered 
the little lake which was christened Lake St. Claire, in honor of 
the founder of the Franciscan nuns. Two cer* ties later a gath- 
ering at Grosse Pointe rechristened the lake with various exer- 
cises, including poems by D. B. DuflSeld and Judge Campbell and 
an address from Bella Hubbard. On her return trip the Griffon 
left Washington Island, in Lake Michigan, on 18th September. 
Two days after a storm arose and she was lost. Prior to this, in 
16G9, Joliet was the first Frenchman to descend Lake Erie from 
Detroit. In 1721 Charlevoix, the great pioneer, came up Lake 
Erie on his way !>o the Mississippi. 

After this no sailing vessels are known to have passed De- 
troit for nearly half a century. The first we hear of are those 
engaged in conveying troops, provisions and furs between Detroit 
and Niagara. In 1763 and 1764 the Schooners Beaver, Gladwin 
and Charlotte went to and fro constantly, the trip varying from 
six to nine days. 

The first vessel knov.'n to have been built at Detroit was the 
Enterprise. She was launched in 1769. 

In 1778 the British brig of war, General Gage, arrived mak- 
ing trip from Buffalo in four days. On account of the Revolu- 
tionary War, none but Government vessels were then allowed 
upon the lakes. 

In 1780 the captains and crews of nine vessels were under 
pay at Detroit and a large dock-yard was maintained. The 



91 

names of the vessels were the Gage, Dunmore, Faith, Angelica, 
Hope, Welcome, Felicity and Wyandotte. 

On August 1st, 17«S2, the following named vessels, all in good 
or'-ler a,nd all built in Detroit, were on duty in Lakes Erie, Huron 
and Michigan : 



Names. 



Brig (!age 

Schooner Dunmore 
Schooner Hope . . . 
Sloop Ange ica. . . . 
Sloop Felicity ... 
Schooner Faith , . . 
Sloop Wyandotte. 
Sloop Adventure . 
Gun Boat 



Men 

on 
Board. 


Guns, 


Burth'u 


Carrying 
Men. 


Capacity 
15arls. 


27 


14 


l.')4 


160 


200 


14 




10(5 


100 


200 


11 




81 


80 


70 


7 


, 


66 


60 


200 







i>5 


40 


50 


48 


10 


61 


60 


100 


7 




47 


30 


30 


8 




M 


30 


30 


11 


1 









When 
Built. 



1772 
1772 
1772 
1771 
1774 
1774 
1779 
1776 



In the spring of 1793, four Government vessels were lying in 
front of the town. Of these the Chippawa and the Ottawa were 
new b'igs of about 200 tons each and carrying eight grns ; another 
was the Dunmore, an old brig of the same size with six guns ; the 
4th was the sloop Felicity, armed with two swivels. All of these 
were under command of Commodore Grant. There were also 
several sloops and schooners owned by trading firms. 

Three years later in 179G, twelve merchant ves.sels were 
owned in Detroit ; also several brigs, ftloops and schooners from 
fifty to one hundred tons each. After the surrender to the 
United States (July, 1790) the Schooner Swan, then owned by 
James May, was hired to conve}' the first United States troops to 
Detroit, and was the first vessel on the lakes to bear the United 
States' fiag. The second to convey the United States' ttag was 
probobly the Detroit, she was purchased by the Government of the 
Northwest Fur Company. 

The first steamboat that sailed Lr ke Erie, the Walk-in-the- 
Water, after the chief of the Wyandot Indians, reached Detroit 
from Buffalo, 17th August, 1818, leaving there on 23rd, and tak- 
ing in sailing about 44 hours and 10 minutes. In 1825 there was 
still but one steamer on the lakes. The first steamer that we 
had on the lakes was built here by Duncan McGregor called the 
" Western," a vessel of some fifty tons and twenty-five horse 
power which McGregor had converted out of the Rob Roy, on the 
river fiats nnmediately below Judge Bell's residence, about the 
year 1830-1, and which was put on the route between Chatham 
and Amherstburg. The next year was built at the same place 
the Steamer Thames, of about 200 tons and fifty horss3 power, 
and was ruu as a leading boat between Port Stanley and Buffalo 



92 



until burned by the rebels and patriots, at Windsor, on the 4th 
Dtcember, 183(S. At the same time was also built the " Cvnthia 
McGregor," called after tiie wife of the late Duncan McCirejifor, 
who, with Henry VanAllen, his brother-in-law, built her and she 
ran between this and Detroit. She was a 100 ton vessel and 
forty horse power, and ran on the Chatham and Andierstburg 
route till she was unfortunately burned ; and then came the 
Brothers, by the Eberts' brothers, the lirst of thei long line of 
steam and sailing vessels. 

My recollection goes back to when we used to cross the De- 
troit River in a canoe, which was succeeded in 1825 by the hoise- 
boat, and, in 1830, by the Steamer Argo, the fir.st steamer belong- 
ing to Detroit, and then we had the canoe, sail- boat, horse-boat 
and steamer all at work. The Argo was the first steamer to 
come up the Thames, which she did in 1828. Our old friend, the 
late William Ryan, used to be the engineer on the Argo as he has 
often told me. 

As with the ferry, so with everything else in modern use, I 
have seen pass from the primitive stage — from the lucifei match, 
which came in in the thirties, in place of the Hint and .'^teel ; the 
perc'iRsion cap, instead of the flint gun which cauie in 1880; the 
double-barreled gun, instead of sinojle ; the bu£fO[V, instead of the 
gig — and Sheriff' Mercer vvas the first person in the thtas Counties of /^y 
Essex, Kent and Lambton to drive a top buggy — and so with 
the carrying of the mail between Toronto and Amherstburg, on 
foot, on horseback, stage and railway. 

But what are the changes in navigation ? Look at it to-day, 
with a tonnage pa.ssing over this river of 30,000,000 annually and 
with vessels carrying as high as 150,000 bushels of grain. 

In the fifties and up to the breaking out of the war in 18G1, 
the tonnage was still of the 300 ton vessel, and to some extent 
long after it. They are to-day carrying 4500 tons and the new 
tonnage is larger every year, and it is said that when the Detroit, 
St. Clair and St. Mary's Rivers are made twenty feet deep, now 
more than half completed, there will scarcely be a limit to the 
size of the lake craft. 

The Detroit River for many years has seen more tonnage in 
a single day than any other spot in the world, for the whole of 
the craft trading between the upper and lower lakes must pass 
this point. 

The average size of lake vessels is larger than of ocean ones, 
and this is shown by a comparison of the number and aggregate 
tonnage of thj vessels of all classes visiting New York with tliose 
that go to Cleveland. If the cargo were made the basis of com- 
parison instead of the registered tonnage, this would appear. 

The records of the Sault Canal show that the tons carried 



93 



4th 
tliia 

^or, 

she 

and 

.ur<r 

the 

3 of 



^/ 



through it exceed the official tonnage of the vessels. The United 
States Government has documented about 4,000 lake craft of all 
classes and sizes, and the Lloyd's Register has admitted 2, 100 of 
these as worthy of rating for insurance. Of these 150 are of 
steel and iron, and those of more thun 4,000 tons measurement are 
Ijecoming common. 

In liSDO, during tlie 8()o davs of navigation of the Sue'^c Canal. 
'■],')Hd vessels of t',S00,O14 tons measurement passed through. In 
the 280 days of Sault Canal navigation, 10,557 vessels of <S,4'54,4:;}5 
tors passed through it. Latest returns give tiie increase for 1 !S94 
at five millions of tons beyond that of the Suez. 

BELLE ISLE PARK. 

When we kok at Belle Isle now, in all its splendor, as De- 
troit's island park, and perhaps without a rival in all the Union, 
with its circular canal, club and l-oat houses, bridges, docks, 
woods, meadows, gardens, flowers, pavilions, electric lights and all 
the other attractions, at a cose of over 81,000,000, we can hartlly 
fancy it the pasture ground of good King George's cattle, but 
such it was up to the time of tlie surrender in 17!>0 ; but even in 
that day it was the scene of the picnic, as it is to-day, but not on 
so grand a scale, and I am going to give you an account of one 
which took place there in 17M9, written by Miss Ann Powell, the 
sister of Judge Powell, of whom I have spoken as having come 
with his family to Detroit that year from Montreal to do duty as 
a Judge of the Common Picas just then established, having taken 
from the 10th of May to the 5th of June to make the journey, 
• She says: "As soon as our vessel anchored several ladies and 

gentlemen came on board, they had agreed upon a house for us, 
till my brother could meet with one that would suit him, so we 
found ourselves at home immediately. The ladies visited us in 
full dress, though the weather was boiling hot. What do you 
think of walking about when the thermometer is above ninety ? 
It was as high as ninety-six the morning we returned our visits. 
While we stayed at the Fort several parties were made for us — 
a very agreeabL one by the G5th, to an island a little way up the 
river. Our party was divided into five boats ; one held the 
music, in each of the others were two ladies and as many gentle- 
men as it could hold. Lord Edward Fitzgerald (then at Detroit) 
and his friend arrived just in time enough to join us; they went 
around the lake by land to see some Indian settlements and were 
highly pleased with their jaunt. Lord Edward speaks in raptures 
of the Indian hospitality. He told me one instance of it which 
would reliect honor on the most polished society. By some means 
or other the gentlemen lost their provisions and were entirely 
without bread, in a place where they could get none. Some In- 



94 



dians travelling with them had one loaf which they offered to his 
lord.ship, but he would not accept it; the li lians gave him to 
understand tiiat they were used to doing witliout and that there- 
fore, it was less inconvenient for them. They still refused and 
the Indians then disa])peared and left the loaf of bread in the 
road the travellers must pass and the Indians were seen no more. 

" Our party on the island proved very pleasant, which that 
kind of a party seldom does. The day was tine, the country 
cheerful and th.e band delightful. We walked some time in the 
shady part of the island and then were led to a bower, where the 
table was spread for dinner. Everything here is on a grand 
scale ; do not suppose we dined in an English arbor. This one 
was made of forest trees and bushes, which being fresh cut, you 
could not see where they were put together, and the boughs were 
the whole height of the trees though (juite close at the top. The 
band was placed without and played whilst we were at dinner 
We were hurried home in the evening by the appearance of a 
thunder storm. It was the most beautiful I ever remember to 
have seen." 

Let us row have a little further testimony to the beauty of 
the Detroit River, and this time from the celebrated Mrs. Jame- 
son, the authoress, and wife of our tirst vice-cliancellor, who, in 
1837, visited it, and when Mr . Woods had the pleasure of meet- 
ing her, as she knew her uncie the American Consul in Vienna, 
Austria. 

She says : '' The day has been intolerably not, even on the 
lake there was not a breath of air, but as the sun went down in 
his glory the breeze freshened and the spires and towers of the 
City of Detroit were seen against the western sky. The schoon- 
ers at anchor, or dropping into the river, the little canoes Hitting 
across from side to side, the lofty buildings, the enormous steam- 
ers, the noisy port and bus^- streets all bathed in the light of a 
sunset such as I had never seen, not even in Italy, almost turned 
me giddy with excitement." ' , 

I myself in coming up from Amherstljurg last week on the 
Steamer Wyandotte in her evening trip, witnessed a scene on our 
approach to the city that in its brilliant panoramic effect sur- 
passed anything I ever saw, except at the Lagoon, at the World's 
Fair, when the gondolas were flitting about, the fountains flash- 
ing their colored lights and the search-light illumining all with 
its gorgeous splendor. 

DETROIT. . 

Let us take a coup d' aeil of the Queen City of the Straits, as 
she sits there in the pride of beauty and historic charm. We can 
only glance at what sLe was, and are unable to speak of what she 



95 

is. The city was founded in 1701, l>y the Chevalier Antoine do 
la Mothe Cadillac, before Peter, the Great, had built St. Peters- 
bur^f. When Cadillac came the East India Company and the 
South Sea iiubble had not been lieard of and there was not a 
newspaper or a post office in the United States. Tiie first colony 
here established was like a bit of France m the wilds of the Now 
World. The early French colonists applied the name Detroit — 
strait — to tlie settlement on both sides of the river. One 
North Detroit, the other South Detroit. Some of the old records 
read like a page of Froissart and visions of medieval scenes and 
pictures of savage life are strangely intermingled with the 
records of the past. Cradled in romance, nurUirod in war and 
trained in the school of conservatism, the city now glories in her 
position as the most attractive and most substantial of all t'^o 
cities whose traditions reach back to the crand monarch — Louis 
XIV. 

The early colonists called all the waters between Lake Erie 
and Lake Huron the Detroit, and TladiHac was shrewd enough to 
lay claim to the whole extent of it for himself. 

Detroit lies in latitude 42 19' 50.28" north, and longitude 
83" 2' 47.08" west of Greenwich. Rome and Constantinople are 
in nearly the same latitude, and Havana and Calcutta are longi- 
tudinally in the same range. On an air line it :„ about 1000 
miles northeast of New Orleans and 700 west of New York. 
The first newspaper published in Detroit was as late as 25th 
July, 1817. The Michigan Essay was issued in 1809, out only 
one number of it appeared. Canada's first paper being sixty-one 
years before this. • 

wiNDsnp, 

Has become a suburb of Detroit, and in its make-up partakes 
largely of the latter and comes in for all the advantages attach- 
ing to the larger city, both in a business and residential way. It 
was laid out in 1834, and I can remember my schoolmaster, ti.e 
Rev. Mr. Johnson, father of the Rev. Cancn Johnson now of 
Windsor, saying at the time that a cabbage would not grow 
under an oak ; but could he see it now, he would find that the 
cabbage had attained very fair proportions, and is now far 
ahead of what the oak was then. Windsor is about to erect 
county and city buildings jointly with the county as we have 
done, and I have no doubt they will be creditable to both, though 
I doubt their succeedinof in having the court house and other 
public buildings withdrawn from Sandwich. The fine system of 
electric street railway between the two places has wholly over- 
come the inconvenience of earlier days ; and it ought to be 
repeated here that Winiisor had the first electric street car in 
America. 



90 



THE llOUNDAHY: OUR ALAI5AMA. 



I wonld just like to stop licro and exclaim : How sonsih'e a 
boiindfiry ! How natural a one! And how much better than 
the Ohio on the .south and the Mississippi on the west ! How 
frauf^ht with conilict would that boundary have been ! True, we 
losi. what makes the five States of Michif^an, Ohio, Indiana, 
Illinois and Wisconsin, but better that than tlie renewal of the 
warfare of 1770-83 and all its attendant evils. Canada has ter- 
ritory enough for all purj)0,ses. I have never been of those who 
gi-ieved at tha loss of this great territory. There is no doubt 
that the possession of our fine peninsula between the Detroit and 
Niagara Rivers, if, indeed, not the whole of Canada, was the chief 
object of the wanton war of 1812-15, but it failed ; and if within 
that short interval of peace our cousins on the south could become 
so aggressive north of the line, what would they have been if the 
western posts and territories had been retained i In the one case 
thej- had no excuse, i.i the other they would have had many 
plausable and potent ones. We have reached our Alabama and 
let us be forever content. 

Dr. Kingsford shews, too, tfiat had the offer of our commis- 
sioner, Mr. Oswald, on that occasion been accepted, we should 
have lost a large portion of what is now Ontario, but for some 
inexplicable reason the American commissioners did not accept it, 

I am glad to say that Dr. Kingsford ti'.kes the same view of 
the boundary, and says : " One of the wisest provisions in the 
Treaty of Versailles was the establishn.ent of the boundary where 
it is, and that this decision was formed, I consider, is in no small 
degree attributable to the unfortunate expedition of Hamilton." 

This expedition, I may say, is referred to by Chief Justice 
Campbell, in his political history of Michigan, in the following 
remarkable way: " Major De Peyster, of Mackinaw, st-nt out in 
spiing of 1770 a second exjjedition to join Hamilton in Illinois, 
but his capture foiled it and that country remained in American '' 
hands thereafter. Had it not been for this the boundary might have 
been fixed at the Ohio instead oj the lakes." 

Again, what a boundary it is ! Look at its co'umerce, aver- 
aging during the seven months of navigation a vessel passing 
every '2h minutes and exceeding the vast commerce of the Suez 
Canal, with its full season of twelve months, and all Europe and 
Asia as its patrons, by five millions of tons. Then look at our 
grand system of canals, beginning Kt the Sault, opened in June 
last, and ending with the Lachine at Montreal, and who will say 
it is not the grandest water-way in the world ? And we, the five 
millions of Canadians, the possessors of it ! Let us, indeed, be 
content. 



!)r 



ROCKS TO HE AVOIDKI'. 

The United States may envy us. Don't K't u.« envy tlioin. 
They may covet us, don't let us covet them. L(!t us recall the 
heroic sacrifice of our forefathers in seekinuj tin forests and frosts 
and savanjes of Canada, rather than dwell anioni^st a disloyal and 
rehellous people, although their own kith and kin, at the loss of 
beautiful homes and fine estates. Contentment is j^reat riclies. 
Better fidelity to country than covetousness of the uncertain 
riches of the Great Republic. 

In the past year on the simple political question of tarif we 
have seen them shrink and disappear by thousjjnds of millions — 
a loss, it was said, in six months of one thousand millions of 
dollars. 

Then recall the awful conflict of the nation in 18G1-5, sur- 
passing tliat ever witnessed in the world and estinjate<l by their 
ablest statician, Hon. Da\ i(^ A. Wells, to have cost the nation one 
million of men and a loss of len thousand mllliona of dolUva. Now, 
that was for slavery and the root of the slave question was the 
tariff', and the tariff" is still largely in evidence as the battle cry at 
the next election, and have they not now the seven and a half 
millions of Africans in another form, and how is this negro cjues- 
tion to be settled ? Peaceably or by another revolution ? But 
look at th 3 " silver question," wdiich twenty-fiv years ago was 
not heard of, and see if it does not promise to be as disintegrating 
a force as that of slavery ? Then it was the south, now" it is the 
south and west, and with a project that involves the loss of mil- 
lions and thousands of millions to the working classes and all others 
depending upon salaries and pensions. Again, look at the question 
of divorce ! What a shock has been given the nation by the 
laxity of the marriage tie and the operations of (he divorce 
courts — forty-five separate States presumably with a soparate 
divorce law in each one, as is the case with their criminal law, 
and it is said with an aggregate last year of 40,000 divorces. 
Within twenty years, up to 188G, there were 888,706 divorces 
and if we judge by last years report those astounding figures may 
have been doubled in the past nine years, while in all Canada, in 
twenty-five years, there have only been 203. If marriage be the 
high estate assigned it by God's law, then, surely, there has been 
a great wave of immorality through the Republic, directly affect- 
ing more than a million of households and more than five million 
of persons of all ranks and classes. No doubt we of Canada owe 
our condition largely to our Roman Catholic friends, and I have 
lonir felt that the United States would be deeply indebted to this 
branch of the Christian Church for the resistance offered by it to 
the great tidal' wave of divorce that has deluged the Union. 



d8 

Then look at the foroij^n nationalities, then at tlio lej)ro.sy of 
universal .suft'ra<^o and an elective judiciary and all other officials 
in connection witjj the administration of ju.stico. We <lon't want 
unity with a people having such alarniinn; problems menacing 
their national integrity. Besides we have unity with a greater 
power. They have a Unit«'d States of seventy millions. We 
have a United States of 

THREE HUNDRED AND SEVENTY MILLIONS. 

Old England is the first in order, with Ireland, Scotland, Wales, 
Australia, India, South Africa, the Isles of the Seas — anrl the 
seas themselves auxiliaries — while we in Canada have half this 
continent at our back with all its vast resources and a territory 
in the Mackenzie basin larger than Australia, and equal, as Pro- 
fessor Seeley says, to the support of a thousand millions of popu- 
lation, and, to-day, acknowledged to be the great military high- 
way betM'een this group of Empires. 

I here subjoin a list of England's possessions, giving her one- 
fifth the territory of the earth and one-quarter its entire pop- 
ulation. (See appendix.) 

The Americans have never appreciated the vigor of mind or 
body of the Canadians, and have regarded us as a young and an 
immature group of colonists. They have forgotten that we are 
of the same stock and to-day the Greater Britain. But while 
they have been dissevered from England and her liigh standards 
of life, we have been in the closest relationship and drawing from 
it the highest inspiration of which a young nationality is suscep- 
tible. I'll give one striking instance of this inability of the 
Americans to understand us as colonists, even with their first 
statesmen. General Cass, who, in his distinguished career, was 
twice Secretary of State and once the Democratic candidate for 
the Presidency in 1848, and with whom I enjoyed friendly 
social relations, said to me in 1854: 'Tell me what that great 
trunk railway is of what I hear so much." I explained to him 
that it was intended to run from Quebec to Sandwich, and as a 
trunk road to have other roads leading into it. His reply was : 
"Too great an undertaking for a young country. It cannot suc- 
ceed." Before 1859 he saw that road not only constructed 
through the whole of Canada, but across the boundary line at 
Port Huron and run down seventy miles past his own door, in 
the City of Detroit, to a point westward, and in that year saw 
the mails from Chicago received by a Canadian train and drawn 
to Quebec and then dispatched to Europe by a Canadian steamer. 
Our progress to-day with five millions is far in advance of what 
theirs was in 1865 with thirty-five millions; for the New York 
Herald then admitted that without the aid of British capital and 



DU 



Bri*ifh enterprise, they would be unable to build their Union 
Pacific Railway of 1700 miles, from On)aha to the Pacific. Con- 
trast this with what Canada has done in the Canadian Pacific 
Railway, with its strai^dit line from ocean to ocean of JJ8.S5 miles, 
and a total of 71 Go miles, with the Grand Trunk and its 5000 
miles, besides other roads. 

No portion of the Government money that went to make the 
1700 miles has been repaid and not even the interest paid, while 
we have the Canadian l*acilic Railway borrowinif twenty millions 
from our Government and returnintf it within two years ; and we 
have the additional fact tliat (!ven before the depression of 1803 
there were 140 American railways in the hands of receivers. 

We lie side by side for 4000 miles, not always with the 
natural boundary that we enjoy in our beautiful Detroit River 
and the lakes, but much of it an artificial one, even coming down 
to the chain and post, and let us in a s])irit of self-reliance, and 
self-appreciation and friendly competition incite each other to a 
higher standard of civilization in Government, liberty, morals, 
religion and justice ; developing on the one hand the excellencies 
of an aristocratic Republic and on the other those of a democratic 
Monarchy. 

Hear what Dr. Bourinot, our grerit constitutional author, 
>fki*fee4l a F«emA OanHcKaii, has to say in the May number of the 
Forum : 

" So loLg as Canada adheres to existing principles of sound 
government and is not misled by unsafe political agitators — to be 
found in every country — to adopt the dangerous methods of 
party in the Republican States, her people mey continue to have 
confidence in the future of their Federal Union. At present, 
assuredly, they can see no reason for a political union, in such 
weaknesses and evils of the purely democratic system of their 
neighbors, as have been set forth in this paper with much brev- 
ity. When Canadians are invited, even on the floor of Congress 
itself, ' to cast in their lot with their own continent,' and are as- 
sured, ' that they shall have all that the continent can give,' they 
refuse to considv3r the offer seriously, not because they have no 
interest in the progress of their American cousins, who aic also 
the inheritors of English institutions, but because they know they 
are working out those institutions on principles far more condu- 
cive to the pure and efJ'ective administration of public affairs — 
that in this respect, at all events, they are already in advance of a 
great and prosperous people who have been led in the course of 
years, by reckless politicians into methods of government which 
have lowered the standard of public morality and created scan- 
dais of far-reaching intluence on the nation. 



100 V 

" Canadians lmvi>. higher aspirations at tins critical period of 
their political development, whon they are laboring ainid many 
difficulties to form a new power otj this continent, one-halj of 
which they now jwssess an their territorial domaiv." 




101 



CHAPTER XII. 



THE WAR OB^ 1812. 



■ ■ " Arma Virumqvi' Cano." ■ 

'/ r\\^ oannot at a more suitable moment refer to the War of 
iUJ 1812-15 tlian when speakinj^ of these incidents. 
^^^ I do not purpose to do more than (^ive some prominent 

events in this section of the Province^ as illustratint^ tlie h)yalty 
of our people and with what limited means a brave and loyal 
people could accomplis.h such striking results against an enen)y 
having a hundred-fold greater resources. 

On the 18th of June, 1812, the unprovoked declaration of 
war was issued by Congress against Great Britain, and our 
frontier received the first shook of the contlict. 

General Hull, with some 2300 men, crossed from Detroit on 
the 7th or July, to a point where Windsor now stands and tov.k 
possession of Sandwich, and issued his celebrated proclamation, 
which I subjoin to show what' insolent nonsense this Governor of 
Michigan and commander of the army of the west could talk : 

hull's PROCLAMATION — INHABITANTS OF CANADA. 

After thirty years of peace and prosperity, the United States 
have been driven to arms. The injuries and aggressions, the in- 
ijults and indignities of Great Britain, have once more left them 
no alternative but manly resistance or unconditional submission. 

The army under my coi imand has invaded your counfry, and 
the standard of Union now waves over the tcritory of Canada. 
To the peaceable, unoffending inhabitant, it brings neither danger 
nor difficulty. I come to find enemies, not to make tliem. I 
come to protect, not to injure you. 

Se])arated by an innnense ocean, and an exten.^ive wilder- 
ness, from Great Britain, you have no participations in her coun- 
cils, no interest in her conduct ; you have fell her tyranny, you 
have seen her injustice ; but I do not ask you to avenge the one 
or redress the other. The United States are ;:nfl[iciently poweiful 
to afford you every security consistent with their rights and your 
expectations. I tender you the invaluable blessings of civil, 
political and religious liberty, and their necessary result, individ- 
ual and general prosperity; that liberty which gave decision to 
our councils and energy to our conduct, in a struggle for indepen- 



102 



dence, and which conducted us safely and triumphantly through 
the stormy period of the revolution ; that liberty which has 
raised us to an elevated rank among the nations of the world, 
and which as afforded us a greater measure of peace and security 
of wealth and improvement, than ever fell to the lot of any 
country. 

In the name of my country, and by the authority of Gov- 
ernment I promise you protection to your persons, property and 
rights. Remain at your homes ; pursue your peaceful and cus- 
tomary avocations; raise not your hands against your brethren. 
Many of your fathers fought for ihe freedom and independence 
we now enjoy. Being children, therefore, of the same family 
with us, and heirs to the same heritage, the arrival of an arm} of 
friends must be hailed by you with a cordial welcome. You will 
be emancipated from tyranny and oppression, and restored to the 
dignified station of freemen. Had I any doubt of eventual suc- 
cess, I might ask your assistance, but I do not. I come prepared 
for every contingency. I have a force which will look down all 
opposition, and that force is but the vanguard of a much greater. 
If, contrary to your own interests and the just expectations of 
my country, you should take part in the approaching contest } ou 
will be considered and treated as enemies, and the horrors and 
calamities of war will stalk before you. If the barbarous and 
savage policy of Great Britain be pursued, and the savage let 
loose to murder our citizens and butcher our women and children, 
this war will be a war of extermination. The first stroke of the 
tomahawk, the first attempt with the scalping-knife, will be the 
signal of one indiscriminate scene of desolation ! No white man 
found fighting by the side of an Indian wid be taken "prisoner; instant 
destruction will be his lot. If the dictates of reason, duty, justice 
and humanity cannot prevent the employment of a force which 
respects no rights and knows no wrong, it will be prevented by a 
severe and relentless system of retaliation. I doubt not your 
courage aud firmness ; I will (not) doubt your attachment to 
liberty. If you tender your services voluntarily, they will be 
accepted readily. The United States offer you peace, liberty and 
security ; your choice lies between these and war, slavery and 
destruction" Clioose then, but choose wisely ; and may He, who 
knows the justice of our cause and who holds in his hand the fate 
of nations, guide you to a result the most compatible with your 
rights aud interest, your peace and happiness. 

Head(iuarters, Sandwich, July 8th, 1812. 

W. Hull, 

Bv the General A. P. Hull, 
Captain of the 13th U. 8. Regt. of Infantry and Aide de-Camp. 



103 



After a fruitless attempt to capture the garrison at Amherst- 
burnrli, which consisted then of about 200 men of the First Bat- 
talion of the 41st Regiment; a very weak detachment of the 
Royal Newfoundland Fencibles, and a subaltern's command of 
artillery, and in A'hich the first British blood of the war was 
shed, he withdrew on the Ttli of August, and recrossed the 
Detroit River and ro-occupiad Detroit. 

On the 22nd of July, ](S12, General Brock issued the follow- 
ing proclamation, which it gives me great pleasure to present to 
my readers as a most patriotic and defiant response to the bom- 
bastic one of the American General : ' ; •' <f 

GENERAL BHOCK's PROCLAMATION. 

The unprovoked declaration of war, by the United States of 
America, against the United Kingdom of Great Britain and Ire- 
land and its dependencies, has been followed by the actual inva- 
sion of this Province, in a remote frontier of the Western Dis- 
trict, by a detachment of the armed forces of the United States. 
The officer commanding that detachment has thought proper to 
invite His Majesty's subjects, not merely to a quiet and unresist- 
ing submission, but insults them with a call to seek voluntarily 
the protection of his Government. Without condescending to 
repeat the illiberal epithets bestowed in this appeal of the Amer- 
ican commander to the people of Upper Canada, on the adminis- 
tration of His Majesty, every inhabitant of the Province is desired 
to seek the confutation of such indecent slander, in the review of 
his own particular circum.stances. Where is the Canadian sub- 
ject who can truly affirm to himself that he has been injured by 
the Government in his person, his liberty, c: his property ? 
Where is to be found in any part of the world a growth so rapid 
in wealth and prosperity as this colony exhibits ? Settled not 
thirty years, by a band of veterans, exiled from their former pos- 
sessions on account of their loyalty, not a descendant of these 
brave people is to be found, who, under the fostering liberality of 
their Sovereign has not acquired a property and means of enjoy- 
ment superior to what were possessed by their ancestors. This 
unequalled prosperity could not have been attained by the 
utmost liberality of the Government, or the persevering industry 
of the people, had not the maritime power of the mother country 
secured to its colonies a safe access to every market where the 
produce of their labor Was in demand. 

The unavoidable and immediate consequence of a separation 
from Great Britain, must be the loss of this inestimable advan- 
tage ; and what is ottered you in exchange ? to become a territory 
of the Unite«l States, and share with them that exclusion from 
the ocean which the policy of their present government enforces. 



104 



You are not even flattered with a participation of their boasted 
independence, and it is but too obvious, that once exclianged from 
the powerful protection of the United Kingdom, you must be re- 
annexed to the Dominion of France, from which the Provinces of 
Canada were wrested by the arms of Ureat Britain, at a vast ex- 
pense of blood and treasure, from no other motive but to relieve 
her ungrateful children froTn the oppression of a cruel neighbor; 
this restitution of Canada to the Empire of France, was the stip- 
ulated reward for the aid afforded to the revolted colonies, now 
the United States ; the debt is still due, and there can be no 
doubt but the pledge has been renewtd as a consideration for 
commercial advantages, or i-ather for an expected relaxation in 
the tyrann}. of France over the commercial world. Are you pre- 
pared, inhabitants of Upper Canada, to become willing subjects, 
or rather slaves, to the despot who rules the nations of Europe 
with a I oil of iron ? If not, arise in a body, exert your er.ergies, 
co-operate cordially with the King's regular forces to repel the 
invader, and do not give the cause to your children, when groan- 
ing under the oppression of a foreign master to reproach you 
with having too easily parted with the richest inheritance of this 
earth — a participation in the name, character and freedom of 
Britons. 

The same spirit of justice, which will make every reasonable 
allowance for the unsuccessful efforts of zeal and loyalty, will not 
fail to punish the defalcation of principle ; every Canadian free- 
holder is, by deliberate choice, bound by the most solemn oaths 
to defend the monarchy as well as his own property ; to shrink 
from that engagenient is a treason not to be forgiven ; let no jnan 
suppose that if in this unexpected struggle, His Majesty's arms 
should be compelled to yield to an overwhelming force, that the 
Province will be eventually abandoned ; the endeared relations of 
its first settlers, the intrinsic value of its commerce, and the pre- 
tensions of its powerful rival to re-possess the Ca^adas, are 
pledges that no peace will be established between the United 
States and Great Britain and Ireland, of which the restoration of 
these Provinces docs not make the most prominent condition. 

Be not dismayed at the unjustifiable threat of the commander 
of the enemy's forces, to refuse (juarter should an Indian appear 
in the ranks. The brave bands of natives which inhabit this 
colony were, bice His Majesty's subjects, punished for their zeal 
and fidelity, by the loss of their possessions in the late colonies, 
and reward by His Majesty with lands of superior value in this 
Province ; the faith of the British Government has never yet been 
violated, thev feel that the soil that they inherit is to them and 
their posterity protected from the base arts so frequently devised 
to over-reach their simplicity. By what new principle are they 



105 



n 



to 1)0 prevented from defending their propei-ty ? If their wai- 
fare, from being different from that of the wliite people, is more 
terrific to tlie enenjy let him retrace hi.s stei)s — they seek him 
not — and cannot expect to find omen and cliildren in an invad- 
ing army ; hui-. they are men and have equal rights with all otlu r 
n»en to defend themselves and their property when invadeil, more 
especially when they find in the enemy's a ferocious and morcal 
foe, using the warfare which the American connnander affects to 
reprobate. This inconsistent and unjustifiable threat of refusing 
quarter for such a cause as being found in arni.^ which a j'-other 
sufferer in defence of invaded rights, must be exercised with a 
certain assurance of retaliation, not only in the limited operations 
of war in this part of the King's dominions, but in every quarter 
of the globe, for the national character of Britain is not less dis- 
tinguished fur humanity than strict retributive justice which will 
consider the execution of his inhuman threats as deliberative 
murder, for which every subject oi the offending power must 
make expiation. 

.■^^ ■>■-':::->- :- Isaac Brock, -,^- ..>:•*..■•-..; .■■:.'/■ 

Maj. Gen. and President. 

Headquarters, Fort George, 22nd July, 1812. ' " 

By order of His Honor the President, 

J. B. Glegg, Capcain, A. D, C. 

Meanwhile General Brock, then at York, I'oronto, fully 
sensible of the danger of Amherstburg, threatened as he knew it 
to be, by an overwhelming force, lost no time in re{)airing to its 
assistance. The General himself eud)arked on the oth of August 
for Fort Georoe and Lon<j Point, wdiere he had directed the 
militia and the Indians to be collected, and leaving Long Point on 
the 8th with no other force than forty men of the 41st, who had 
fieen previously despatched thither, and about two hundred and 
fifty militia, principally volunteers from the Home and Niagara 
Districts, the General coasted the shore of Lake Erie, on his wav 
to Amherstburi;, which he reached on the 13th. 

On the 12th ot August we find him at a point in our ovn 
County, Point Aux Pins (llond Eau) where he issued this order : 

I. MCDONELL, P. A. 1). C, 

Point Aux Pins, 
Lake Erie, August 12th, 1812. 
General Orders : 

It is Major General Brock's intention, should the wind con- 
tinue fair, to proceed during the night, Officers commanding 
boats will therefore pay attention to the order of sailing as 



lOG 



directed yesterday. The (greatest care and attention will bo re- 
quested to prevent the boats from scattorin<^ or falling behind. 

A great part of the bank of the Lake where the boats will 
this day pass is much more dangerous and difficult of access than 
we have passed, the boat (i. e., the one in which was headquarter.^ 
and leading) therefore will not land, excepting in the most ex- 
treme necessity, and then great care must be taken to choose the 
best places for landing. 

The troops being now in the neighborhood of the enemy, 
every precaution must be taken to guard against surprise. 
By Order of the Major General. 

' J. B. Clegg, A. D. C. 

The General reached Amherstburg the next day, and at once 
began to carry the war into Africa, by undertaking and on the 
]Gth accomplishing, the capture of Detroit and the surrender of 
General Hull, his entire army of some 3,000, and the State of 
Michigan, which continued in our possession for some fifteen 
months, while the General was carried to Montreal as a prisoner 
of war. The British had various successes with the enemy in 
Michigan and Ohio during that year and the following. On the 
23rd of September, 1813, the unfortunate naval battle between 
Captain Barclay, of our service, and Commodore Perry, of the 
United States, took place at Put-in-Bay, Lake Erie, the result of 
which was to compel the retreat of General Proctor from Am- 
herstburg, and Detroit which was effected in the last week of 
September, it being int'^nded to make Moraviantown the point at 
which battle would be given the enemy, should he follow, which 
he did with a force of some 5,000, including his celebrated Ken- 
tucky riflemen. 

It was on the 3rd of October that the Indians, under 
Tecumseh, rested in what is now our beautiful Park, and where 
the Indians expected and desired that the impending battle 
would take place. We all know the disastrous result of it, and 
with it ended all further operations on the Western frontier. 

The invasions of the Americans into both Tipper and Lower 
Canada were eleven in number, with an aggregate of some 45,000 
men, but as Detroit, Queenston, Fort Toronto, Fort George, 
Chrysler's Farm, Chataqua, Lundy's Lane, Stony Creek, are re- 
called, we see without any gain, but on the contrary defeated and 
driven back with great loss. On England's getting free after 
landing Bonaparte at Elba, and being able to help us in earnest, 
the Americans were forced to sue for peace and to get it without 
having gained a foot of Canadian territory, nor one of the alleged 
grounds on which they pretended to go to war, vis., right of search 
of foreign vessels by Britain for her own subjects as deserters from 



107 



her navy, the neutrality of their flaf,', etc I am chiefly indebted 
to Major Richardson's War of 1812 for these particulars, in which 
he personally partici noted, »in<Lfi» account of the invasion at 
Sandwich v.ritten b^father,^ whom vdalii the Hon. Mr. Baby 
and Dr. Richardson were held in Detroit as prisoners of 
war. This was a great triumph for the Provinces, when 
we consider the relative populations of the two countries. 
At that time Lower Canada had 225,000 souli— 200,000 of whom 
were French ; Upper Canada had 75,000. The United States had 
upwards of .S,000,000 ; so that the population of the two Canadas 
was to that of the United States as 1 to 27 ; and the popu- 
lation of Upper Canada was to that of the States as 1 to lOG. 

Dr. Ryerson says: "The war between (ireat Britain and the 
United States from 1812 to 1815 fiirni.shes the strongest exau)ple 
of the present century, or of any age or country, of the attach- 
ment of a people to their mother country, and of their determin- 
ation, at whatever sacrifice and against whatever disparity, to 
maintain the national life of their connection with :. The true 
spirit of the Loyalist'' oj America was never exhibitf^d with greater 
force and brilliancy than during the war 1812-5." 

Let us now hear Christie, in his fine history of the war of 
1812, speak: "No country or people ever exhibited greater 
unanimity or patriotism than did the people of Lower Canada of 
both origins, in the war of 1812, by the United States against 
Great Britain — a stand the more to be remembered by her Gov- 
ernment as these colonies, almost destitute of troops, wholly so of 
money, and scarcely possessing even a sufficiency of arms and 
other munitions of defence, owing to the more imperious calls 
from other quarters upon the Home Government, were, at the 
outset of the war, in a manner left to their own action and 
resources, and which they nobly exemplified single-handed, as it 
were, throughout the first two campaigns." 

General Brock says that their avowed purpose was the con- 
quest of Canada. Of this there is no doubt. General Cass, who 
was with Hull at Sandwich, in his impeachment of his general 
officer, say-i under date of the lOth September, 1812 : " When the 
force landed in Canada, they landed with an ardent zeal, and 
stimulated with the hope of conquest." The general in speaking 
thus was but giving the traditional hope and purpose of Congress 
from 1775, when the Congress sent Montgomery and Arnold to 
accomplish the capture of Quebec and Canada. Again, when Dr. 
Franklin and his associates souglit to induce the English Govern- 
ment to surrender all Canada at the Treaty of Versailles to the 
United States, and did seduce that Government into surrendering 
the vast territory from the Detroit River to the Ohio on the 
south, and the Mississippi on the west, although ti:e States had 



108 



not tlie least claim to any part of it. As in 177o and as in 1783, 
as in 1812 and as in 1837, and again with the Fenian raids; in 
188G, so now the hearts' wish of the politicians and capitalists of 
the United States is the po.«session of Canada, so that the American 
Eagle may fly from the Gulf to the Arctic. 

THE KEHELLION OF 1837-8. 

Although having taken an active part in this as a young 
volunteer in maintenance of British supremacy, and particularly 
in the cuttint; out of the Steamer Caroline, which nearly led to a 
war between England and the United States, I don't intend to say 
more than that without the aid of a sinj;le soldier of the regular 
army, we put down that n)ad attempt in a few weeks. ] am 
further able to say that in no portion of the Western District, 
large as it was, embracing what is now the three Counties of 
Essex, Kent and Lambton, was one rebel or disaffected man 
found within its borders. How is that for Kent's traditional 
loyalty? Apropos of this loyalty, I have before me in the Cana- 
dian Archives, reference to a letter from Governor Gore to the , 
Hon. James Baby, who was County Lieutenant of Kent, of 
December, 1809, speaking of the loyalty of the men of Kent, and 
saying that should further reinforcements be made to the garrison 
at Detroit, one-fourth of the militia should be called out and the 
Government will direct Lieutenant Colonel Grant to receive them 
into the garrison at Andierstburg. . ' 







lOiJ 



CHAPTia? Xlll. 



(a- 



EDUCATION AND THE CHUULH. 

NI) now for our educational system which has reached 
such grand ^ roportions and results, " the evolution, if 
it may be so called," says Dr. Hodgins, "of our three 
fold scheme of education — primary, intermediate and superior." 
In answer to his own (|uestion, wliat first awakened the 
desire to establish schools and promote education in this Province ? 
Dr. Strachan in his opening address at the opening of the King's 
Colle<Te, (now Toronto University) in 1848, answers the question 
thus T" When the Independence of the United States of America 
was recognized by Oreat Britain in the peace of 178S, this Prov- 
ince became the a>-!ylum of those faithful subjects of the Crow'n 
who had during the Uevolutionary war adhered to their King 
and the " Unity of the Empire. And it is pleasing to remark that 

i„ 1789 a little more than five years after their first settlement — 

they presented a memorial to His Excellency Lord Dorchester 
(Sir Guy Carleton) their Governor General of British North 
America, on the subject of education ; in which after lamenting 
the state of their children growing up without any instruction, 
religious or secular, they requested His Lordship to establish a 
respectable seminary at Kingston, which was at that early period 
the principal town in their division of the colony. To this repre- 
sentation Lord Dorchester paid immediate attention, and gave 
directions to the Surveyor General to set apart eligible portions 
of land for the future support of schools in all the new settle- 
ments. 

" Animated by the same spirit as possessed these early colon- 
ists, the United Empire Loyalists established schools of a superior 
class early in the century in the chief centres of their settlements, 
such as Kingston, Cornwall, Bath, York, St. Catharines, and after- 
wards at Newburgh. Soon a grammar school was established in 
every District, 1807, and ultimately the common school, 181 G, 
fashioned by the United Empire Loyalists on the New England 
pattern, was put into operation in every settled township of this 

Province. . ^_ . , ,^ , 

"Thus it will be seen that through the United Empire 
Loyalists and their English forefathers, we, as a Province have 



110 



coinu honestly and honorably by our zeal for education in thia 
Cana(hi of ours." 

The MiuniHcent Royal ^nini in 1707 of over half u million of 
acres of land has funned the financial basis of Toronto University, 
of the lioyal Oranwnar School, and Upper Canada College, and of 
the (Church of En^^land National) Central Sciiool of Upper 
Canada. > 

I attended the Grammar School of Sandwich, which when 
first erected was a large building of limestone, a central huildiiig 
situated on one of Survevor General Smith's fine reservations in 
the town overlooking the Detroit River and which must have 
been erected as early as 1814. 

Dr. Hodgins reports that after the close of the Session of 
1806, His Honor President Grant in proroguing the Session in 
March, 1800, in his speech said : 

" The encouragement which you have given for the procur- 
ing; of the means necessary for communicatin<r of useful an<l or- 
namental knowledge to the rising generation meets with my ap- 
probation, and I have no doubt will produce the most salutary 
effects." 

Dr. Scadding, in his Toronto of old, says: "The Parliauient 
that sat during President Grant's brief administration appropri- 
ated £400 to the purchase of instruments for illustrating the 
principles of natural prilosophy, to be deposited in the hands of a 
person employed in the education of youth." 

This President Grant is the commodore who, on the death of 
His Excellency Lieut.-Guvernor Hunter, in September, 1805, be- 
came as Senior Legislative Councillor President of Upper Canada 
and Administrator of the Government. 

We are indebted to the celebrated Robert Gourlay for the 
information given of om* schools in the towns and townships of 
Upper Canada. He says : 

" Sandwich. — There is one school in Sandwich with one mas- 
ter, who draws a salary from the Provincial fund of £100 per 
annum, besides tuition fees. There are two inferior schools the 
teachers of which receive from the same fund £25 per annum, 
beside moderate fees, 

' Maiden. — There were three schools here and the rate per 
quarter is 20s. 

" Raleigh. — There is one conjmon school, the teacher of which 
receives 15s. for each scholar, and the Legislature by a late Act, 
1816, grants the teacher of ..ich common school in the Province a 
further sum of £25 per annum, provided there are taught in the 
said school at least 20 scholars. 

" Dover East and West, Chatham, Camden, Orford, Howard 
and Harwich. — The inhabitants of these townships at a meeting 



Ill 



reportc'l that there were four scliools in tlie tovvnslnps and tliat 
the rate was los. per quarter. In a supplementary statement it 
was added that there was an Indian school in Orford, kept in 
Knjrlish and Inrlian. No doubt this was the Moravian Church 
Mission School." 

In ISoO the Parliament of United Canada endowed forever 
the public schools of the tlien Province of Canada with the rich 
dowry of one million acres of tliC Crown Lands. 

To-day we have in Kent 181 schools — 4(i brick, and 70 
frame — and 17') teachers, outside the city; while in the city we 
have the Collejriate Institute and six other schools, apart from 
separate schools, with 29 teachers — 4 of whom are male iind 
2') female — and an estimated expenditure for the year of S17,350 
$10,000 of which is for teachers' salaries. 

Prominent in this good wo'k has been my friend Judge Bell, 
who for nine years has been the active promoter of the school 
work and chairman of the Collegiate Institute Board. As the 
young domine in the country school room, he early learned to 
appreciate the formative power of education as an elevating and 
inspiring force in a new country and illustrates its potency in his 
own life and honorable position to-day, and he points with pride 
to some of his pupils even within the walls of Harrison Hall, Mr. 
J. C. Fleming, Clerk, and City Treasurer Fleming, and to our 
esteemed fellow citizens. Dr. Fleming, Mr. S. F. Gardiner, and his 
brother, as among others. 

How honored and honorable should be the teacher of youth ! 
Who can estimate the debt that Ontario owes to the public 
schools and the Rev. Dr. Ryerson, and his able and faithful 
assistant. Dr. John George Hodgins, and the great army of teachers 
who have aided in the faithful administration of the .system ? 
What great forces have the church and the school been in our 
history ; and may they continue to go hand to hand, for civiliza- 
tion without the elevating and controling influences of religion, is 
a false and unsoui d progress. Let our cry be forward and 
upward. Don't let us fight over separate schools, or oppress the 
conscience of any portion of our fellow subjects. Let us rest our 
education upon a Christian ba.sis and leave the issue with God, 
the great Disposer of all human events. 

THE CHURCH. 

Progressive as has been the question of Education, that of 
the Church has not been behind. 

The Roman Catholic clergy of course were the first (as they 
have been everywhere) to occupy the ground at both ends of 
Canada. 



112 



In Quebec nnd Montreal there were in 17I).*i l>ut six 
clern^ymen of the Church of En^'land, inchulinp; the military 
chai)iains ; hut in neither of these had the Prole.stants 
a church. In Quehec the Recollect Church was uskI, and in 
Montreal the Ursuline Nuns onmted them the use of their ch ipel 
In Upper Canada there were hut three cleiv^ymen. 

Kinj^^sford .states an interestino incident in connection with the 
arrival of" Bishop Niountain at (.^wi^Ihic in 179*J, as th(! first Anglican 
Bi.shop. On hein^^ met hy the Roman Catholic Bishop, Mon,si<,'nieur 
Briand, the latter welcomed hiuj on his arrival and ^ave hnn a 
kiss on each cheek, sayiui^ it was time he had come to take charge 
of his peoplo. 

Oh, tliat such were the relation to-day between the Bi.shopa 
and Clergy of these churchas as well as all otheis. 

Hon. Richard Cartw right in his report to the House in its 
tir.st Session, says, "Although the two lower districts have liad each 
of them a Protestant clergyman since 17«S0, it is but a few months 
since this (Nassau or Home) District has been provided 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 ilie 
conquest, inhabited for the most part by traders of the Protestant 
religion, who reside there with their families. 

" In the Eastern District the most populous part of this 
Provincfc there is no church clergyman. They have a Presbyterian 
minister, formerly cha])lain to the 8kh Regiment, who receives 
from the Government £50 per annum. They have also a Lutheran 
minister, who is supported by his congregation, and the reverend 
priest at St. Regis occasionally officiates for the Scotch High- 
landers, who are very numerous and all Catholics. 

" In the Midland District there are two church clergymen who 
are allowed CI 00 sterling per annum each by the Government, 
and £50 each by the Society for the Propagation of the Gospel. 

In the Home District there is one clergyman who has been 
settled there since the month of July last. The Scotch Presbv- 
terians, who are pretty numerous here and to which sect the most 
resj)Gctable part of the inhabitants Ijelong, have built a meetin;!' 
house and raised a subscription for a minister of their own who 
is shortly expected among them. 

In the Western Division there are no other clergv than 
those of the Church of Rome. 

Dr. Ryerson, quoting Bishop Strachan, says: "That down to 
the close of the war of 1812-15 there were but fcur resident 
clergymen, or missionaries of the Church of England in all Upper 
Caiiada, and that till 1818 there was but one clergyman of the 
Church of Scotland in Upper Canada, and that in 1827 there 



iia 

were but two, and the doctor fairly says that it is clear that 
durinrr the first half of its sixty years' existence, Upper Canada 
must have been indebted ahsiost entirely to others than cler^^y- 
men of the Churches of Elngland or Scotland for reli'^ious 
instruction. Yet during tluit thirty years it is admitted that the 
people of Upper Canada were a ruhgious, an intelligent and loyal 
people. Th<' Methodists, ho adds, ha<l in 18.')() 180 re^^uiar minis- 
ters in Upi r Canada, about 1,100 churches and preuiching place.-i, 
and embraced in its congregation 142,000, or more than one-fifth 
of the entire population." 

The first centennial of the Church of England was held at St. 
Mark's, Niagara, in July, 18{)2, commemorating the organization 
of that church, but Miss MMjii^H- in her brochure upon " St. An- 
drew's Church, Niagara," says St, Andrew's was the second 
Protestont church in Upper C'jinada, the first being that below 
VVilliamstown, below Cornwall, 17<S7, Just seven years earlier than 
St. Andrews; she adds, I have shown indisputably that while the 
first organized body of worshippers in Niagara was that of the 
English ChurJi, under its first missionary, the subsequent rector, 
the Rev. Robert Addison, the first church erection was that of St. 
Andrew's. 

Kent in this, as in some other things, takes precedence, as 
the centennial of the Moravian Church in Orford, Moraviantown, 
took place on the 8th of May, 1 892. 

St. Peter's Church (R. C.) River Road, was erected in 1803, 
about three miles below the present site, where the latter was 
built in 1822. 

We are all familiar with the Clergy Reserves and Rectories' 
questions in Ontario, and the final disposition of them by the 
Legislature of united Canada in 185 !•, and their influence upon 
all branches of the Church ; and that to-day all the churches 
stand upon their own resources and are in no way connected with 
the State. 

As evidence of the remarkable progress of the Church, I give 
the following table, taken from the Star Almanac for 1895. It 
will be seen that the Roman Church population largely exceeds 
that of any other denomination, though the actual preponderance 
over other sects is confined to the Province of Quebec, where, out 
of a population of 1,448,335, 1,291,709 return themselves in the 
census papers as Roman Catholics. The French speaking Cana- 
dians in the Province of Quebec in 1891 were 1,180,340, and for 
the whole Dominion only 1,404,974. Between 1881 and 1891 the 
percentage of Protestants in the whole Dominion increased from 
56.34 to 56.80 : 



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114 



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115 



A suipnmry <•£ tlie yariou.s .sections shows tho following re- 
sult, — the growth of tho Jewish population between 18SI and 



1891 being an interesting factor: 





Number. 


FROrORTION.S PER CENT. 


Year. 


Roman 
Catholics. 


Protest- 
ants. 

2436544 
2745463 


Jews 

2393 
6414 


Pagans and 

not 
specified, 

98881 
B9335 


Roman 
Catholics. 


Protest- 
ants. 

56 • 34 
56.80 


Jews 


Pagans and 

not 
specified. 


i83i.. 
1891,. 


1791982 
I 99201 7 


4'-43 
41 .21 


.(5 
•«3 






tl() 



CHAPTER XIV 



(^ 



AGRICULTURE. 

S Sir David Smith, our first member, was the Vice- 
President of the first Agricultural- Society formed in 
Upper Canada, we must havt^ somewhat to say of this 
important branch of Ontario's many lines of prosperity, and see 
whether in this, as in other respects, Canada has held it? own, 
even against the great Republic, and how Kent stands in com- 
parison with her sister counties. 

Kent, then, apart from Detroit, was a forest with such oaks, 
walnuts, hickoriies, beeches, maples, &c., as were only to be found 
here. These great forests continued largely with us all the way 
down into the 50's. 

I find nothing about agricultural societies till the Act of 
March, 1830, 11, George IV., c. 10, an Act to encourage the estab- 
lishment of Agricultural Societies in the several districts of this 
Province. It was introduced by Mr. Charles Fothergill, the 
publisher of Toronto's Almanac and the Palladium newspaper, 
and from it may be dated the first effectual impulse that was 
given to the holding of fairs and public markets for cattle, etc., 
in the country situations tnroughout the Province. 

It provided that when any agricultural society for the pur- 
pose of importing valuable live stock, grain, gra.ss seeds, useful 
implements, or whatever else might conduce to the improvement 
of agriculture in the Province, shall be established in any district 
and shall have subscribed and paid in £50 to a regularly ap- 
pointed treasurer and the president and directors shall petition 
the governor for aid in support of the said society, the governor 
may issue his warrant for £100 annually during the continuance 
of the said society. 

I find that Kent had her society as early as 1837, first in 
the Township of Howard and next in the Town of Chatham. 

In a letter written by the late Wm. Thomson, Councillor for 
Harwich, in May. 1842, inquiring as to the funds of the society, 
we learn that in 1837 associations were instituted all over the 
Province for the purpose of improving the breed of cattle, horses, 
sheep, hogs, etc., and amongst the rest an agricultural society had 
been formed in Chatham for which a grant of £40 was obtained 



117 



from the pjov^Timent which sum, toi^ether with the subscription 
raised amounted to £00. 

In reply to this inquiry we find a letter from the late Thos. 
Smith, of the 2Gth of May, saying that lie had on the 17th of 
October, 1837, paid into the hands of Wm. Cosgrave, Esq., the 
then Secretary of the Agricultural Society of Chatham, £85. 

Kent IS referred to by the Directing President of the Agri- 
cultural Society as having two associations in 1837, viz., Howard 
and Chatham. 

Then there was the society knovn as the Western District 
Agrictdtural Society, which also seems to have had no want of funds, 
for th J President acknowledges having £157 (!t?628) on hand, al- 
though he complains that so little intei-est or spirit of competition 
is taken in the association that the whole amount of the pre- 
miums fall short of £20, leaving a balance in treasurer's hands of 
£125 7s. 

It, no doubt, was owing to the disturbed state of the Pro- 
vince, from the Rebellion of December, 1837-8, that nothing was 
done for some years. Nothing seems to have been done up to 
the time of Mr. Thomson's letter. 

We find in the Chatham Journal which had been established, 
as the first newspaper in Kent in 1841, that the first fair held in 
Chatham was first October, 1842. And an advertisement of 
December, 1842 gives a list of premiums to be given at the cattle 
show and fair to be held in Chatham on the last Friday in Janu- 
ary, 1843. 

An editorial in the Journal of 28th January, 1843, says" The 
establishment of fairs in this town has been recommended by a 
Committee of the Executive Council and approved by His Excel- 
lency the Governor General, so their occurrence in future will be 
neither precarious nor doubtful. We beg to direct the attention 
of the public to the following extiact from a report of ihe com- 
mittee, dated 23rd December, 1842. 

" ' On the applicamn of Geo. W. Foott, that fairs for the sale 
of all kinds of cattle may be held quarterly in the Town of Chat- 
ham, viz., on the 22nd October, January, April and July, the 
committee recommend the application. 

'Certified. 

'(Sg'd) W. H. Lee.'" 

The subscription was $1 to each member. 

The Chatham Journal of 4th February, 1843, says: "At a 
meeting held 27th January, 1843 at the British Hotel, Chatham, 
for the purpose of organizing an Agricultural Society in the 
County of Kent, the following resolutions were unanimously 
adopted. Mr. Joseph Smith in the chair : 



118 



" 1. Resolved, that Mr. Joseph Smith, of Talbot Street, be 
President of the Society. 

" 2. That the Society be called the County of Kent Agricul- 
tural Society. 

"3. That Dr. Fulford be appointed Treasurer and receive 
subscriptions. 

"4. That John Prince, Esq, John Stewart, T M. Taylor, 
Charles Eliot and Councillor Crookes, Esq., be Vice Presidents." 

I myself remember attendinrr what our friend J. W. Bartlet, 
P. M. of Windsor, says was the first lair held in Amherr>tburg, in 
1845, and driving my tanUem down from Sandwich on the occa- 
sion and writing an account of it for the local paper. Mr. James 
Dougull, who then lived at " Rosebank," in Anderdon, was the 
chief exhibitor as he was tirst in almost everything relating to 
fruits and flcwors; and there was also Mr. Robert Reynolds, earlier 
in point of time than Mr. Dougall, known far and wide as an en- 
thusiastic horticulturist and floriculturist farmer, as well as one 
of the mobi; cultured and accomplished gentlemen, and closely 
connected with the early history of the country. His wife was a 
.sister of that honored gentleman, Robert Bouchette, the Surveyor 
General of Lower Canada, and who, in his Typography of 
Canada, gives us the first sketch of Toronto which he laid out. 

This was the first fair that I remember to have seen in the 
Western District, though from Major Lachlan's report as Presi- 
dent of the WVstern District Society, there was one hold at Sand- 
wich as early as the spring of 1837. 

My friend, Mr. James, Deputy-Minister of Agriculture for 
Ontario, in writing to me says : 

" Since receiving your letter some time ago, in regard to 
agricultural societies in the southwestern part of Ontario, espec- 
ially in the Chatham vicinity, I have been making several searches 
but so far have found nothinff that would be labelled "historical." 
Tho first record I find is in the Agriculture and Acts Report for 
1848. The Provincial Exhibition for that year was heltl at 
Cobourg, and among the receipts is the following : ' Kent County 
Agl. Soc., £10. 

The first report on record is for 1854: 

Bal. from 1853 £ 51 Ss. lOd. 

Subscriptions and donations 19 

Township branch 185 

Gov't grant 225 

Premiums at shows and ploughing matches £120 '.^a. 6d. 

Agriculturist 14 7 6 

Tp. branches 319 19 

Total £480 38. lOd. £525 4.'. 4d. 

480 3 10 

Bal. due Treasurer £ 45 Os. 6d. 



119 



Tliere is one omission in disbursements of £70 los. 4d. 

The following branches were then in existence: ChaAam, 
Harwich, Howard, Orl'ord, Raleigh, Romney, Tilt)ury East, Zone. 

There must have been some societies in existence shortly 
after 1880. If I can tind time I shall make further search and 
may be able to fill in something in the blank from 1830 to 1848. 
This blank is but another proof of what I have often stated, viz., 
that agricultural development has been overlooked by nearly 
every historian of our country." 

Kent is practically an agricultural county and has grown to 
her present pro.sperity entirely through her own products for it 
has not been our good fortune to have had any men of moans 
settling in our midst. 

I regret to see from the report of Mr. Walker, the President 
of the Peninsular Fair Association, of January, 1895, the com- 
plaint that, "Owing to the lack of interest taken in spring +"airs 
for a number of years past, and the conse(]uent financial loss to 
the Society resulting: therefrom, it was thoucjh*^. prudent to sus- 
pend the holding of it for a time. And, therefore, no spring 
fair was held last year by the Society." 

When in the County Council myself in 18(53, as Reeve for 
Chatham, I got a committee to inquiie into the best mean;, of 
promoting the agricultural interests of *he county and found that 
the county was only giving $20 in aid of them and all I could do 
was to get this increased to $35. Had the county adopted my 
view and made that sum $1000, or even $500, what a change 
would have taken place in the stock-raising and other interests 
of the county in the next three or four years. 

With the Farmers' Institutes, Dairymen's Associations, 
Creameries' Associations, Poultry Associations, Bee-keepers' and 
Fruit-growing Associations, Breeders' Associations of all kinds, 
the encouragement given by the Local and Dominion Govern- 
ments in their valuable reports and bulletins, and all the other 
agencies and facilities towards an advanced system of agriculture 
and breeding, with Kent's unrivalled soil and geographical posi- 
tion, she ought to hold the first place among her ^ister counties, 
and I am glad to see by Mr. Walker's report, which, in part, I 
subjoin, that she does occupy a first position among the six coun- 
ties of Lambton, Oxford, Perth, Ontario, Lanark and Kent : 



120 



CoUNTIEf. 



Kent 

l.ambton 
Oxford , 
Perth.. 
Ontario . 
Lanark . . 



Area of 
cltared 


Value of 


Value of 


Bus. of fall 
wheat 


Bus. of 


Bus. of 


Bus. of 


liind in 


farm lands 


live stock 


raised 


wheat 


corn raised 














in 93. 


acres. 
332581 


^23434525 




in '93. 






412000 


??34i53i8 


1341451 


1624-^ 


2400906 


334672 


18886706 


27»>37 


901898 


9463 


708566 


12745 


355500 


21507881 


4083492 


1041788 


12887 


380512 


4061 


3879U 


20211990 


4200756 


890908 


47789 


30856 


405 


352559 


"8539785 


39068 1 1 


124954 


372246 


87690 


2604 


300263 


8438222 


2348659 


27600 


1306892 


65272 


4166 



Bus. of 
roots 
raised 



261193 
562600 
3893»94 
3346872 
7290586 
2232476 



















•r. 


Am't of 




C" .IES. 


Bus. of 


No. of 


No. of 


No. of 


No. Df 


^.,.2 


Value of 

cheese 

manufac'd 




chattel 


T3 


barley 


horses 


hoKs. 


cattle. 


sheep. 


No. 
chees( 
factor 


■& 

2. t 

Z 


mtgs. reg. 

on Dec. 31, 

1893.' 


Acres 
under 
orchai 


Kent 


143008 


23777 


46040 


50^81 


38922 




••? 9683 




9405188 


9065 


Lambton . . . 


178049 


18537 


22547 


62863 


60970 


-3 


69186 


I 


179244 


7376 


Oxford 


23S880 


20511 


38374 


75370 


29575 


43 


661366 


5 


233091 


8111 


Perth 


309000 


22355 


32053 


79440 


58821 


23 


325230 


2 


10I0Q4 


5115 


Ontario 


518469 


21958 


31632 


52565 


48560 


6 


21516 


2 


I73M2 


5909 


Lanark 


51526 


12420 


19198 


534>5 


64964 


34 


261518 




70401 


1198 



As we are supreme in the bean product, exceeding that of all 
the rest of the Dominion put together, v;e ought to be so on 
other lines, and as Canada has surpassed the United States in the 
product of cheese, so Kent should aspire to surpass any portion 
of the Dominion in the making of cheese and butter for which 
she is so well adapted. The " ecord of Canada upon the cheese 
question is a remarkably instructive one, »xs showing what a 
young country of five millions can do by a spirit of patriotic com- 
petition against one of seventy millions. 

In 1860 Canada started to export cheese and sent out 124.-. 
322 pounds, while the United States exported 15,515,799, or 
nearly fifteen and a half millions of pounds more than ourselves. 
This 'went on till 1880, when Canada had risen to 84,173,507 
pounds, while the States had 88,008,408 pounds. In 1893 Can- 
ada had 133,940,365 pounds, and the States only 84,350,923 -an 
excess over the United States of forty- nine millions of pounds 
with a value of $13,497,470. 

I.ITERARY AND PHILOSOPHICAL. 

Besides her Agricultural Society the Western District had its 
literary, philosophical and agricultural club. 1 am enabled to 
give the record of its first meeting ot Amherstburgh, in the read- 
ing room of that tovvi, on the 15th of July, 1842. 

Among those present were : Major Robert Lachlan, Rev. 
George Cheyne, Hon. James Gordon, Robert Reynolds, Rev. 
Thomas Earle Welby, Dr. George R. G assett, Lewis G. Gordon, 
Wm, Anderton, Henry C. Grant, Rev. F. Mack, Charles Baby, W. 



liiis. of 
roots 
raised 



.261193 
5626cx> 

3346872 
7291^586 
2232476 



of 




el 


13 


eg. 
31. 


Acres 
under 
orchar 







88 


9065" 


44 


7376 


91 


8111 


94 


5115 


42 


5909 


ox 


1198 



^ Committee. 



The reso- 
I i^ive one 



121 

R. Wooil, R. Peden, James Dougall, John Wright, Thomas Paxton, 
Alexander McCormick, Dr. R. Ironside, George Ironside, The fol- 
lowing were the office bearers : 

Robert Lachlan President 

Rev. T. E. Welby .... Vice President 
James Dougall . . . . . Treasurer 
R. Peden - Recording and Corresponding Secretary 

The Hon. James Gordon, 
Rev. F. Mack, 
Rev. Geo. Cheyne, 
Dr. R. Ironside, 
Thomas Paxton, 
Wm. Anderton, 
Charles Baby, • 

Henry C. Grant, 

These are among the best names of the District, 
lutions were appropriate, practical and far-reaching, 
of the six. 

Moved by the Rev. T. E. Welby, seconded by Dr, Grassett, 
" Tliat the diversified range of the Society's researches, like the 
noble scope of the first British literary association established in 
Asia, shall embrace at once ' man and nature,' or in othoi- words, 
' wtiatever is performed by the one or produced by the other ;' and 
thpt the only qualification required in a candidate for admi.ssion 
shall be a love of knowledge, and a patriotic desire to forward the 
prosperity of the Province in general and of the District in par- 
ticular, by promoting the advancement and difFa.'}ion of literary, 
philosophical and agricultural knowledge." 

And as with the above mentioned societies there was also the 
Western District Medical Society, which held one of its meetings 
in Chatham on the 7th of June, 1842, at which our old friends, 
Dr. R. Ironside, Dr. Grassett, Dr. A. Ironside, Dr. A. R. Robertson, 
Dr. Pegley, Dr. Cross and Dr. Thos. Hawkins were present. 
Among letters read, one from Dr. Widmer, of Toronto, and Dr. 
Houghton, of the University of Ann Arbor, expressive of their 
gratification in joining the society as honorary members, paper on 
pneumonia, and discussion on scarlatina, and adjournmeiii/ to 
Sandwich in November for next meeting. 



12^. 



CHAPTER XV. 



'-P ■' 



& 



;::■,;, RAILWAYS. ".-'.■■^'.■'^ •'-'•.■-•;; ';. -, ■' 

Nl) as with the waterways so with the railway. In Decem- 
ber, I8o0, when I came to Chatham to live, Ontario had not 
a mile of railway, and Lower Canada only twenty miles. 
And in February of that year I went throuu^h the peninsula hold- 
ing public meetinf]j.s, beirinning at Chatham (as I lived then at 
Sandwich) fretting petitions seeking to displace the proposed line 
of the Great Western as it was chartered and had been surveyed, 
and substituting for it the Niagara ard Detroit Rivers Railway 
line, which, too, had been charteied, and which is now the line of 
the Michigan Central ; my pr.ject being to bring it forward to 
the towns of Chatham, London, Woodstock, Ingersoll and Brant - 
ford, and so to the Niagara River, avoiding the descent to Ham- 
ilton, and, again, the ascent of the mounta n at Suspension 
Bridge. Durin^j that summer we had a great battle before Par- 
liament, at Toronto, where, for the first time since the Union, 
Parliament sat. We were too near Hamilton and Dundurn, and 
Sir Allan's hands, too, well supported for a successful fight, antl 
we lost our bill by one vote ; and, long after, my friend, the late 
Chancellor Vankoughnel, told me how he had been the means that 
night of inducing the member for Cornwall (Mr. McLean) to give 
his vote against us. 

What expectations were defeated by that vote ! But it had 
the desired effect of bringing the railway into existence, for, Mr. 
afterwards, Sir Francis Hincks, as Finance Minister, gave the 
Great Western people to understand that if the road were i ot 
under way by next session we should have our charter. The 
work was immediately undertaken and the Great Western was 
running its cars through Chatham in the fall of 1853, and the 
road was opened for traffic in January, 1854, the event beinjj 
made to us memorable by a grand bancjuet in Detroit, at the 
Michigan Freight Depot, where, among other good things there 
were " cords of champagne." It was a great event for Detroit, 
and was the result of the Michigan Central Railway reaching 
New Buffalo, on Lake Michigan, in April, 1849, and Chicago in 
M.iy, 1851. All travel up to this, in the winter, between the 
Michigan and New York Railways wtis by stage from Windsor to 
Queenston, through Chatham. 



12:) 



I remember tlio Mayoi' of Lori'lon, on my ask'm;^ him lo aii- 
tend the meetinof and Ki<>n tlu; petition, liuvin'j so litth; I'uith in 
the step as to say to me: " Wliy, Mr, Woods, have we not been 
^'or fourteen years trying to get a railway from Hamilton to this 
place;" but he failed to appreciate the great fact that Detroit 
was in railway communication with the west, and wanted the 
link between the Detroit and Niagara Rivers, which I promised 
would be supplied within two years if the Great Western were 
put aside and we allowed to run over its line, avoiding Hamilton. 
In speaking in this way I had the Michigan Central at my back. 
And it is a reniarknble fact that the Great Western never recov- 
er('('< itself from the extraordinary expense which attended the 
dc-cent to Hamiltun, and that the item of this appeared in the re- 
pott at the time of the transfer of the road to the Grand Trunk, 
twenty years after. It was in connection witli this road that the 
municipalities were first enlisted in aiding a railway. Hai.-ilton 
being the first and Oxford being the second municipality to act, 
and the Great Western Company were indebted to my friend 
and relative, Mr. Jasper Gilkison, now Col. Gilkison, of Brant- 
ford, then its secretary, for the suggestion. 

What development since then! 15,000 miles of railway 
now in the Dominion at a cost of .1?802,0G2,868. The M. C. R., 
opened in 1873; E. & H. R., in 1883; the C. F. R., opened in 
1889 ; L. E. & D. R. R., opened to Ridgetown in 1894. 

ROADS. ' 

The first we heard in the western peninsuia about road im- 
provement — apart from statute labor and an occasional govern- 
grant under commisLioners — plank, gravel, macadam, or otherwise, 
was on Lord Sydenham's arrival as Governor General in 1841, 
for he brought Canada a credit of £1,500,000 for public improve- 
ments in Upper and Lower Canada ; and a mighty deal of im- 
portance was attached to this now relatively small financial ar- 
rangement. 

Then the road from London to Hamilton was made macadam, 
and plank from London to Port Stanley ; then the London and 
Chatham made straight and turnpiked, for the old road had 
followed the banks of the river and other crooked ways ; and so 
the road from Chatham to the Rond Eau Harbor, both known as 
the " Board of Works Road," making the line divert from Char- 
ing Cross to Blenheim and turnpiking it from Chatham to Blen- 
heim and Shrewsbury. I can recall going out of Chatham in a 
four-horse stage over the ne v road and taking three hours to 
reach Louisville, whicli, however, was twice as fast as Dr. Ryer- 
son's journey through York State by stage in 1828. 

But the work done here prepared the way for the gravelling 



124 



which the St. Clair and Ronil Eau Road Company undertook in 
1853, and another company the phxnk road to Kent Bridj^e, 
These roads were made under the Act passed in 1852, known as 
the Limited Liability Act, which relieved stockholders from the 
Conmion Law Liability for all the debts of a company, and 
limited it to the amount subscribed by each stockholder. This 
Act was taken from the celebrated English Act, of which the late 
Baron Bramwill, of the English Bench, was the author, whose 
death took [ilace last year, and under which everything in the 
commercial world was so changed. 



I remember when in 



England 



in 1871 a young 



'I 

■i 



American 
lady saying: "Do tell me, Mr. Woods, what that word ' Limited ' 
means, that I see everywhere ? " From a very sad experience I 
could tell her all about it, and particularly that while she would 
not be liable for anyone else's subscription, she might lose all the 
money she had put in herself. 

The Gravel Road Company spent about .$100,000 on the two 
portions, south and north sides, and got nothing from it directly 
but the improvement of the town, while the other spent about 
S28,000 with no greater financial benefit. Chatham has never 
since had good roads, and it is only by good roads that .she can 
be made a city de facto as well as de jure. " Up, guards, at 'em." 

The Ontario Good Roads Association, formed in Toronto in 
February, 1894, gives promise of bringing about a general and 
popular system of road improvement, the necessary legislation in 
aid of which we may look for at the next Session of the Legisla- 
ture, 

My first letter on good roads in Kent was written in Decem- 
ber, 1849, to the Kent Advertiser, before I came to live here, and 
advocated the making of a plank or gravel road from the St. 
Clair to Chatham by the Town Line. 

LAKE ERIE AND LAKE ST. CLAIR SHIP CANAL. 

Over and above our direct interest in the great stream of 
commerce and transportation through the lakes we have the fur- 
ther one of a proposed canal through our peninsula and county, 
whereby a large portion of it will be drawn aside from the main 
channel, alike to the relief of the former and the benefit of the 
latter. 

This is an exceedingly attractive enterprise, and so great is 
the commerce and so rapid is its increase annually, and so 
obstructed is it now that any and every channel of transportation 
that promises ridief will be welcomed by the great lake carrying 
interest. 

In 1857, before the present St. Clair Flats' Canal was con- 
structed, and when it was supposed to be beyond the line of ex- 



12/) 



vn as 
11 the 
, and 
This 
e late 
whose 
n the 



pectation that the difficulties oF the St. Clair Flats could bo ade- 
quately overcome, I jMoposed the scheme of the St. Clair and 
Kond Eau ship canal, which became a mo-it popular project and 
received the sanction of an Act of the Parliament of United 
Canada, and of the several Boards of Trade of Chica;,'o, Butialo, 
Cleveland, Toronto, etc. The ^'reat financial cri-is of that year 
so aHected every public enterpris? in America that our schenje 
could not be floated in the En<,d;-ih market, and before we could 
do anythin<r the American War broke out which stoi)ped every- 
thintr in the way of public improvement while it lasted, and lon*^ 
after the war. The preseni St. Clair Canal was construeted, an(l 
the niore acceptable to Canadians, as it was and still is said to be 
in our waters. At all events, it did away with the necessity for 
the St. Clair and Rond Eau, which would have passed from the 
St. Clair through Chatham to the Rond Eau Harbor 

The following year and the scheme known as the Two 
Creeks' Canal was started and chartered, but nothing came of it 
likewise. 

Again, in IHIjO, another company was chartered, of which I 
was one of the corporators, purposing to take up the line of what 
is now the St. Clair and Loke Erie ship canal in which Col. Tis- 
dale, M. P. for Norfolk, Mr. Olney and Mr. Crawford are taking 
so great an interest. 

It is not to be (juestioned that K»nt is deeply interested in 
the work, and, if matured, will become a great factor in the pros- 
perity of both counties. The tonnage in 1857 was estimated at 
200,000 ; lo-day, as shown elsewhere, it is the greatest line 
of transportation in the world. 



THE MONROE DOCTRINE — ITS GENESIS. 



We have nothing to fear from the Monroe Doctrine, for it 
it <loes not apply to Great Britain. It is interesting to enquire 
into this as yet uninforced, though much proclaimed, doctrine ; 
and strange to say we tind its paterrdty laid at England's door, 
♦hrouirh the suuijestion of the Rii^ht Hon. George Canning, For- 
eign Secretary, to Mr. Rush, the American Minister to England, 
in 1823. Wharton, in his International Law Digest, mak \s the 
following statement and among other correspondence gives the 
following letter from ex-President Jefferson : 

" Mr. Canning, in his correspondence with Mr. Rash having 
sufT'i^ested th'it the United States should take decided ground 
against the introduction of the Holy Alliance in South America, 
Mr. Monroe sent the papers to Mr. Jefferson, asking his advice. 
To this request Mr. Jefferson answered as follows : 



120 



"MontiHlo Octol)cr24. 182.1. 

" Dkaii Sir,— The (juostion prosontiMl by tluj Icittorn you hnvc 
sent u\v. is tlio niosi inomciitous winch liiis iwvv heon oll't'ieMl to 
my contompliitioii siiicc^ tluit of Irxlt'ixMnionce. That inido us a 
niitiou ; this sots our compass iirid points the couiso which wc arc 
to steer throui,'h the Ocean of Time openin;^ on us. And never 
couM he emhaik upon it under eiicumstances more auspicious. 
Our lirst and fundamental maxim should he never to entau'de 
ourselves in tlie hroils of Kurojie; our second, never to sutler 
Europe to intermeddle with cis-Atlantic affairs. America, North 
and South, has a set of interests distinct from those of Kurope, 
and peculiarly her own. She should, therefore, have a system of 
fier own, separate and apart froMi that of Europe. While the last 
is lahorin<!f to hccome the domicile of despotism, our endeavor 
should surely he to make our hemisphere that of freedom. 

" One nation, most of all, could disturb us in this pursuit ; she 
now offers to lead, aid and accompany us in. By accedini^ to her 
proposition we detach her from the bands, brin^ her mighty \\ei<;ht 
into the scale of free government, and emancipate a continent at 
oi^e stroke, which mijjht otherwise linger lono- in doubt and ditfi- 
culty. Great Britain is the nation which can do us the most harm 
of any or all on earth, and with her on our side we need not fear 
the whole world. With her, then, we should most sedulously 
cherish a cordial friendshi]), and nothino; would tend more to knit 
our afiections than to be h^jhtino: once more side bv side in the 
same cau.se. Not that I would purchase even her amity at the 
price of taking part in her wars. 

" But the war in which the present proposition might engage 
us, .should that be its consequence, is not her war, but our^. Its 
object is to introduce and establish the American system of keep- 
ing out of our land all foreign powers — of never permitting those 
of Europe to Titermeddle with the affairs of our nations. It is to 
maintain our own principle, not to depart from it; and if to 
facilitate this, we can effect a division in the body of the European 
powers and draw over to our side its most powerful member, surely 
we shovtid do it. But I am clearly of Mr. Canning's opinion that 
it will prevent instead of provoking war. With Great Britain 
withdrawn from their scale and shifted into that of our two con- 
tinents, all Europe combined would not undertake such a war, for 
how would they propose to get at either enemy without superior 
fleets ? Nor is the occasion to be slighted which this proposition 
offeis o'l decluring our protest against the atrocious violations of 
the rights of nations by the interference of any one in the internal 
affairs of another so flagitiously begun by Bonaparte, and now 
continued by the equally lawless alliance calling itself Holy, 

" But we have tirst to ask ourselves a question. Do we wish 



127 



to acquire to our own confotleracy any one or more of tlio Spanish 
provinces? I camlidly confess that I have ever looked on Cuha 
as the most intei-estin^ aildition which could even* \m iiui(hj to our 
system of states. The control which, with Florida Point, this 
i-^land wcuild'^dve us over the (iulf of Mexico a!id the countries 
and isthmus hor !erin<.' on it, as well as all those whose waters 
How into it, would fill up the measure of our political well-l)ein<,^ 
Yet, as I am sensihh; that this can never he ohtaineil, even with 
her own consent, but hy war, and its independence, which is our 
second interest (nnfl especially its independence of England), can 
he secured without it, 1 have no hesitation in al)andoninLr my first 
wisli to future chances, and accepting its independence, with peace 
and the friendship of Knj^land, rather than its association at the 
expense of war and her enmity. 

" I couM honestly, therefore, join in the declaration proposed 
that we aim not at the acquisition of any of those possessions — 
tliat we will not stand in the way of any amicable arrangement 
between them aiid the mother c;)untry — l)ut that we A'ill oppose 
with all oui' means the torcibh; interposition of any other power 
auxiliary, stipendiar}', or under any other form or pretext, and 
most (jspecialiy their transfer to any power by concjuest, cession, 
or ac(piisiti(,n in any other way. 1 should thirdc it, therefore, 
advisable that the executive should encoura<i:e the British (lov- 
ernment to a continuance in the dispositions expressed in these 
letter, by an assurance of his concurrence with them as far as his 
authority f^oes, and that as it may lead to war, the declaration of 
which requires an Act of Con<,a'ess, the case shall be laid before 
them foi' consideration at their first meetinLj, and under the 
reasonable aspect in which it is seen by himself. 

" I have been so lonc^ weaned from political subjects, and have 
so lono ceased to take any interest in them, that I am sensible I 
atn not quulitied to offer opinions on them worthy of any atten- 
tion ; but the ([uestion now proposed involves consequences so 
lasting, and effects so decisive of our future destinies, as to re- 
kindle all the interest I have heretofore felt on such occasions, 
and to induce me to the hazard of opinions which will prove only 
my wish to contribute still my mite tovvanl anything which may 
be useful to our country. And, praying you to accept it at only 
what it is worth, I adil the assurance of my constant and affec- 
tionate friendship and respect." 

The Holy Alliance took shape in a treaty signed at Paris, 
26th September, 1815, between Austria, Russia and Prussia. 
Great Britain took no part in this Alliance. The ostensible object 
of the Alliance was the subordination of politics to the Christian 
religion ; the real principle, however, was the establishment of 



128 



jure divino iiubocracios, each .sovereiji;n incorporatit:tjj in himself 
"tile Christian religion" as well as supreme political power. 

IN CONCLUSION. 

If every state should have a dominant idea, then should 
Canada's be — Loyalty. 

We are a peculiar people. Starting with a conquered race 
of d!ti*erent faith and langunge, representing England's traditional 
enemies, but who proved loyal and faithful adherents of British 
power in its extremity, and to whom we are indebted for suprem- 
acy in three critical periods of Oiir history; while ou'' owi 
colonies on the south — British and Protestant — rebelled against 
us and established a hostile state instead, out of whom, however, 
thank God, came the remnant of 100,000 loyalists forsaking 
homes and kindred to tind a resting-place here. 

Shall we, the representatives of this conunon heritage, not 
be willing, freely and fully, to share it with our fellow colonists, 
irrespective of race or cned 1 Shall not gratitu'leand patriotism 
be our watchwc^'ds? And shall wo net ay-ain jjive each other a 
renewed pledge of fidelity, proclaim a united fealty to our Sov- 
ereign and Empire, and maintain our allegiance to its unity 
against all infiuences no matter whence they come ? 

In view of the blessings we enjoy and the glorious future 
presenting itself to our colonial vision, let me earnestly enjoin 
upon every Canadian an inalienable, an unalterable and an incor- 
ruptible attachment to our Sovereign and country ; and' may 
Harrison Hall ever remain a monument of the liberty and loyalty 
ot Keni and Canada. 




129 



POSTSCRIPT, 



unity 



THE VENEZUELA MESSAGE. 

Since writinn; the t'oregoin<^ pages Mr. Cleveland, as President 
of the United States, has sent his celebrated Venezuelan message 
to the Senate, and the world knows with what effect. To us of 
Canada, J may truthfully say, and of England as well, it was 
read with pain and grief; not because of its threatened results to 
us as colonists, or to England as the mother country, but that it 
could be received by both the Senate and Congress with the un- 
seemly joy with whicli it was welcomed ; to use the words of a 
prominent divine of the City of New York : " As if they had 
been invited to a game of skittles instead of a war with tl e most 
powerful nation of the earth," and that the one from whose loins 
they had come, and upon a question with which the United States 
had nothing to do so far as England was concerned. We con- 
gratulate ourselves upon the message, despite its hostility and 
the levity of its reception by Congress, because it revealtMl to us 
the dangers to which we may at any time be exposed from our 
proximity to the Republic; and because we found ourselves as 
one man determined to stand by England and resist to the death 
any attempt to take Canada, even with the million of men with 
which the next day their generals said they could occupy and 
hold Canada, and hold it for good — for that was to be the tirst 
fruits of the message — the permanent occupation and retention 
of Canada. But there was no scare in Canada, not the slightest 
disturbance of its serenity or security, political, financial, or 
social ; in the even tenor of its way it went on as if there had 
been no Message, or Congress, cr Republic. Let me give the 
words of the Premier of Ontario, Sir Oliver Mowat, speaking in 
Butfalo shortly after, for they so faithfully describe our state of 
mind at the time : 

" With all our differences, racial and sectarian, we are a unit 
when wa appear to be in danger. French Canadians joined 
heartily with Protestant Ontario and demonstrated how little real 
sentiment there is for annexation to-day. Never in my whole 
public career have I seen so much loyalty to Great Britain. I 
prav God such a dire calamity as war may be honorably avoided. 
You know the United States has many good reasons, apart from our 
common language, to bo friendly towards Great Britain. We are 
really brothers, and such a war would be cruel, wicked and tra- 



130 



i 






tricidal. Still it is wonderfiil how quickly Canada responded to 
the call of danger, and how all races and creeds joined together in 
a determination to show their solid strength and patriotism on 
behalf of the Motherland. Of course we do not believe theie will 
be war. We have no reason to be other than friendly and neigh- 
borly, but Canadians are not cowards you know. We have had 
friction with the United States before on manv issues, but never 
without cause, and I do not see why all disputes cannot be 
amicably settled. We claim only the right to live neighborly and 
do our business honorably with the United States, but we also 
claim the right to know what is best for ourselves and to be 
allowed to manage our own affairs as we deem fit. This Cana- 
dians will always do. We are not cowards you know, nor are 
we alarmed even now. England's splendid isolation is the admir- 
ation of the world. There is no mistaking her temper or her 
power. She seems doubly proud and heroic as she stands out 
alone against the great powers, as if she 's}ori d in her friend less- 
ness. She stands out a splendid spectach .:. if she should be 
called upon to fight, I venture to think she will not be alone, or 
she will be equal to the occasion." 

Then we have to further congratulate ourselves and the 
world upon the noble stand taken by the great body of the Am- 
erican people against the rash act of the President and Congress, 
protesting as they did that there should be no war and that war 
between England and the United States would be a disgrace to 
the Christian feelings of both countries ; and further congratu- 
late ourselves that the sentiment in England was equally strong 
and that that cry from the two nations will be found crystalized 
in a court of arbitration by which all questions between them 
shall in the future be settled. 

We have been face to face with a great and di ia! conflict, 
but the hallowed memories of our United Empire i ; "I'St fore- 
fathers have flamed up with such intensity as to ma',..' c all one 
in our determination to hold to Old England and cleave uO her in 
weal or in woe. 



i 



OOD SAVE THE QUEEN 



i:tl 



APPENDICES. 



OFFICIALS OF THE DISTRICT OF HESSE AND WESTERN DISTRICT- 
DETROIT. 



Henry Hamilton w as the first Lieutenant Governor, appointed in 177o, for the 
Detroit District, The Coinmamlant was no doubt the first Judge. 

In 1767 the first formal appointment of a Judge was made by Captain Ceorge 
TurnbuU of the 60th or Royal America Regiment Commandant of Detroit and 
the Dependencies, who on 24tli April of that year appointed Philip Dejean, a 
imrchant, as Justice of the T'eace, Notary Public, Tabillion and Vendue Master 
of Sales that might take place there, and on '2Sth July following. Major H. Robert 
Bayard commanding, gave him on the petition of the inhabitants the further com- 
mission to decide all actions of debts, boLds, bills, contracts and trespasses above 
the sum of £5 Os. Od. New York currency. This is the Judge Dejean so sharply 
referred to by Chief Justice Campbell, and strange to say I have two original docu- 
ments from his hand and seal among my old papers. The District of Hesse 
having been set apart in 1788 and courts established Lord Dorchester on 24th 
July of that year appointed the following officers : Jacques Duperon Baby, 
Alexander McKee and William Robertson, Judges of tlie Court of Common 
Pleas; Gregor McGregor, Sherifl"; William Roe, Clerk of the Peace; Thomas 
Smith, Clerk of the Court of C. P. and Clerk of the Peace and Sessions of the 
Peace ; and (4eorge Meldrum, Coroner ; and eight Justices of the I'eace who were 
Alexander (irant, Guillanme La Motte, St. Martin Adhernan, William Macomb, 
J(mcaire de Chabert, Alexander Maisonville, William Caldwell, Matthew Elliot. 
In 1789 William Dummer Powell was appointed Judge of Common Pleas and 
Probate. 

DETROIT AND SANDWICH. 

The following is the return kindly furnished me by the Secretary of State at 
Ottawa of all appointments made in and after 1792 when Governor Simcoe 
organized the (Jovtrnment of Upper Canada, with which and information from 
other f ources and the aid of Mr. James Soutar, I have been enabled to make these 
lists which I hove good reason to believe have never before appeared in this form. 



9 July 1794. 

1 January 1800. 

1 January 1800. 

12 June 1807. 

5 April 1826. 

30 November.... 1832. 

9 March 1833. 

26 May 1845. 



JUDGES OF DISTRICT COURT. 

.Thomas Harffy Western District 

, Thomas Harffy n 

. Prideaux Selby .i 

. Robert Richardson h 

.Robt Richardson and Wm. Berczy >, 

.William Berczy and Chas. E'iot. . . .^ 

. Chas. Eliot n 

. Alexander Chewctt ii 



JUDGES OF SURROGATE COURT. 

No date (1793 or '94) lamea Baby (Hon. ) 

30 August. .. . 1796... Walter Roe 

I January 1880. . . .James Baby 

29 August 1801 Richard Pollard 

20 Dejember 1824 William Hands 

9 March 1836 Tohn Alex. Wilkinson 



132 



i 



IB July. 



I 

7 
10 



January 
June. . . 
September 
August . . 
August. . 

23 October . 

]() January . 



1 



() May 

11 January. 
17 P^ebruary 



SHERIFFS. 

. 1792 Richard Polland Essex and Kent Counties 

. 1800 . . . Richard Pollard Western 

.1802.... William Hands „ 

. 1833 . . . Ebenezer Reynolds m 

. 1837 Robert Lachlan n 

. 1839 .... Raymond Haby m 

. 1840 .... (ieorge Wade Foot 

. 1849.... John Waddell 

1851 Wm. Duperon Baby Esl'px and Lambton 

. 18.% John McEwan Essex County 

1851 John Waddell Kent County 

. 1854 John Mercer n 



CLERKS OF THE PEACE. 



September 1794 Walter Roe Western 

1 January 1800 .... W^alter Roe n 

29 August 1801.... William Hands 

5 June 1802. . . .James Allan n 

(None on record for Western District after this date). 
I '.dd these 1817 . . . .Geo. T. F. Ireland 

1824... Charles Askin 

1835.... Charles Baby 

187) S S. Macdonell, and Crown Attorney. 



CLERKS OF DISTRICT COURTS, 



James Allan 
Charles Askin 



George T. F. Ireland 
Wm. R. Wood. 



TREASURERS OF DISTRICTS. 



November. . . . 1833. . . .Jean Baptiste Baby 

14 February. . . .1842 Jean Baptiste Baby Western— After County 

1808-33 .... Wm. Hands (added). [Council Act 



REGISTRARS OF COUNTIES. 



1793 ... . Richard Pollard Essex and Kent 

1825.... Wm. Hands , 



12 November. 



.John Beverley Robinson. . . Kent 

. James Askin Essex 

. John Askin „ 

■ John Askin n 

. J. Wallace Askin „ 

1825 James Richardson Kent 

1829 Robert Rist , 

3 July 1830. . . . William Jones ,, 

13 January 1849. . . .Henry (»lass. 



1829., 
1831 . , 

July 1840. 

December .... 1 858 . 
1872. 



29 



November. 

8 May 

4 December 
8 July 

(Walter Roe on 3rd May, 1796, was appointed Deputy of the Registrar of the 
Province of. Upper Canada for Western District). 



1853. 
,1854. 
1858., 
1862. 



, Arthur Acland . . . 
. Alexander Knapp 
, Edwin Larwill . . . 
. Peter McKellar . . 



■1' 



1 January . 
2U August. . 

27 April ... 
11 January 
11 February 



133 

REGISTRARS OF SUBRO(iATE COURT. 

1794 Richard Pollard Western 

1 HiH) .... Richard Pollard » 

1801 ... . William Hands 
18.31 James Askin 

COMMISSIONERS OF CUSTOMS. 

Robprb Richardson 

1 824 Charles Askin Western 

William Duff 

Charles Askin 

1826 Robert Rist Western 

James W. Little 

Charles Askin 

1831 .... Charles Eliot Western 

Charles Baby 



COLLECTORS OF CUSTOMS. 



AMiiERSTBrRO.— John Wilson, 1818; Edwin Caldwell, 1831 ; E. Anderson, 

1857. 

Sandwich —Wm. Hands, 1800; John Askin, jr., 1801 ; Wm. Duff, 1807; 

Wni Anderton, 1837. 

WiNDSOK.— Major J. F. Elliot, 1841; Wm. Benson, 1850; Johnstone 
Richardson, appointed after 1886. 

Chatham.— Wm. Cosgrave, 1833; J. G. Pennefather, 1862; R Stephenjon. 

Saknia.— Captain Vidal ; R. E. Vidal, 1850; D. C. O'Brien, 1863. 

Wali.acehuho.— In March, 1846, Col. Bell was made first Collector of 
Customs. Jamts Wilson succeeded him in 1862, followed by Mr. Charles 
fraser, followed by 1). B. Gdlard. 

Rondeau was made a point of entry in 1844, with M. Cronyn as Collector. 
In 1852 Morpeth was added thereto with (iteorge Duck, sr., as Collector. Hugh 
Calder fol owedl n 1863 as Collector, with whose incumbency the Collector's post 
was discontinued. 

RiDGETOWN and Morpeth — John Duck. 

Bi-ENHEiM and Rondeau— W. R. Fellows. 



POST MASTERS. 



Amherstburo.— Charles Berczy ; James Kevill, 1831 ; Ernest Park, 1872. 
Sandwich.— Wm. Hands; John Gentle, 1834; Ed. Holland, 1838 ; P. H. 

Morin, 1843. 

Windsor.— John Mercer, 1842 ; John M. Crae, 1845 ; Demis Ouelette, 1850; 

A. H. Wagner, 1862. 

CHATHAM.-Wm. McCrae, 1820, *Rilcigh; Dunc.n Mc(;regor, 1831 ; James 
Read, 1839; John Crow, 1851-4; Benj. Barfoot, 1856; Saml. Barfoot, 1865. 

Sarnia —Geo. Durand, 1835 ; A Fisher, 1862. 

♦Only chansjed from " Raleigh P. O." to " Chatham P. 0." in 1851. 



INSPECTORS OF INLAND REVENUE. 

Windsor— G. W. Hall. 

Chatham— Wm. A. McCrae, 1847 to 1851, appointed for Kent and Lambton ; 
George Thomas succeeded him in 1852; Geo. W. Foott, 1860; Dr. Thod. Cross in 
1869 ; Charles Dunlap, 1873. 



13^ 



CROWN LANDS' A(JENTS. 



Colonel Talbot in the east was the first agent ; Henry John Jones folloMed 
him ; succeeded by Thomas Steers, who had charge of Kent and Lambton ; fo'- 
lowed by J. B. Williams in IS-W; John K. Brooke abo .t 185(); Richard Monck 
in 1801. Dr. Patrick McMullin, and his son Duncan, acting for Essex. 



JUSTICES OF THE PEACE FOR 1802 



Justice<i of the Peace in 1802 for Western Division, including Essex, Kent 
and Suffolk : Francis Baby, Prideaux Selby, Wm. Hands, Daniel Fields, Wm. 
Park, (iregor Mc(iregor, Wm. Shaw, Abram Irad^ll, John Askin, U'ln. Caldwell, 
Wm. Hearffy, Matthew Eliott, James Urquhart, Geo'ge Meldrum, Jean Baptiste 
Baby. 



Mr. Wm. Hands was Sheriff, Treasurer, Portmaster, Customs Officer, Surro- 
gate Judge p,nd Registrar of Surrogate. 

SALARIES. 

District Judge, £15 ; Sheriff, £100 ; Clerk of the Peace, £120; Clerk of Dis- 
trict Court, £25. Registrars of Deeds — Kent, £75 ; Essex, £59. Collector of 
Customs at Amherstburg, £58. Postmaster at Sandwich, £100; Amherstburg, 
£118. Those of Surrogate Judge, £25; District Treasurer, £Cfi ; Inspector of 
Licenses, &c. , £75 ; Inland Revenue and Collector of Customs, £50, aie calculated 
from those of another District and were all held by Mr. Hands. 

ENGUSli CHURCH. 

Salaries paid by Government to the ministers of the English Church were: 
Sandwich, £100; Amherstbi:rg, £111 (5s. 3s. ; ( hatham, £111 6s. 8d. The Gram- 
mar school teaclier at Sandwich £100, who from 1827 to 1840 was the clergyman, 
and so got a good allowance. Rev. Richard Pollard, who died in 1820, was the first 
Protestant minister in the West. 

CHCRCH OF SCOTLAND. 

Atn*"'-- stburg — Rev. Mr. Gale and Rev. Mr. Cheyne received £64. 

CHURCH OF ROME. 

Paid by tithes, which was 1 -26 bushel of grain only. 



M. P. P.'S FOR WESTERN DISTRICT FROM 1792 TO 1841. 



David CowaBu 1805 

J. B. Bc^jk. Ai^iu 1809-'20 



ESSEX 

J. B. Baby 1792 

Thos. McKee 1801 

Matthew Eliot 1801-'05-'09 

Wm. McCormick. .'. 1813-'17 

Geo. B. Hall 1817 

Francis Baby 1828-'29 

William Elliott 1831 

Jean B. Macon 1831 

Jno. Alex. Wilkinson 1825-'29-'35 

Francis Caldwell 1 835 '40 

John Pririce 1836-'56 

In 1834 Kent became ent'tled to two members, and William McCrae and 
Nathan Cornwall were returned. Changed to one in 1841. 

The n&me of Mr. James Baby as given in the list of members to the first 
Parliament of Upper Canada in Mr. Yeigh's vfiluable history of " Ontario's Pnr- 
liament Buildings," Appendix page 15, calls for notice. There whs but the one 
James Baby, and he was the Honorable, appointed a member of Governor Simcoe's 
Executive Council on the 8th day of July, 1792, and a member of the Legislative 



KENT 

David Wm. Smith 1792 

Wm. Macomb 1792 

Thos. McK»e 1796 

Thos. McCrae 1801 

John McGregor 1805 -'09- 13 

Joshua Cornwall 1817 

James (Jordon 1820-'5 

Nathan Cornw all 1835 

William McCrae 1835 



135 



Council, and sworn in on 8th Ju'y, as shown by Mr. Yeigh at page 10, and so sat 
in f/lie Legislative Council and not in the Assembly, and continued in the Legisla- 
tive and Executive Councils to the time of his death in 1833. Mr. Baby's father 
was . Jacques Duperon Baby, one of the .(udges of Common Pleas, appointed by 
Lord Dorchester in 1788, but he died in 1789. Mr. Baby had two brothers, Jean 
Biptiste and Francis, both of whom later appear by Mr. Yeigh 's list to have sat 
in the Assembly, and I dare say one of tliese was the Mr. Baby who sat in the 
Assembly in 1792, as given in Mr. Yeigh'a list at page 11, This would be my own 
onclusion, and on looking into Macdonakl's Illustrated Atlas I find that he says, 
after full incjuiry, that Mr. Jean Baptiste sat in the Assembly in 1792. Of course, 
constitutiondlly, Hon. Ja'iics Baby could not bit in the Lower House while a mem- 
ber of the Upper. 

M. P's. FOR KENT FROM 1841 TO 18()7. 

Joseph Woo-ls 1841-1848 

Hon. S B. Harrison '. 1844 rei^ued without taking his seat 

Malcolm Cameron. .* i :i48 

Ueoige Brown 1851 

K Iwiu Larwill 1854 

Archibald McKellar 1857-'67 



AFTER CONFEDERATION— IN DOxMINION PARLIAMENT. 

COUNTY OF KENT. 

Rufus Stephenson 1867-1882 

Henry Smyth 1882-'86 . . 

Archibald Campbell 1886- '95 ; 

ELECTORAL DISTRICT OF BOTHVVELL. ' 

David Mills 1867-1895 

LEGISLATIVE COUNCIL OF HESSE AND WESTERN DISTRICT. 

Hon. Alexander Grant 1792 181.H 

Hon. James Baby 1792-18.33 

Hon. James Gordon 1824 

WESTERN DIVISION, ELECTION LEGISLATIVE COUNCIL. 

Hon. John Prince 1856 

Hon. Sir Allan N. MacNab 1860 

Hon. Walter McCrea 1872 

Mr. McCrea remained in the Council till December, 1870, when he was 
appointed Judge of Algoma, succeeding Col. Prince. Hon. Joseph Nortiiwood 
was called to the Senate in 1880 for this section, and on his death in 1886, was 
succeeded by the Hon. Charles E. Casgraiu, of Windsor. 

ONTARIO LEGISLATURE. 



WEST KENT. 

John Smith IST^T.^^. 

J imes Dawson 1 87 1 ^ 

Alexander Coutts 1875 

Ed. Robinaon 1879-1883 

James Clancy 1883 

T. L. Pardo 1895 

EAST KENT. 

Hon, Aich. McKellar 1867-1879 

Daniel McCraney 1879 1885 

Rrbert Ferguson 1885-1895 



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138 



KLKcTMN RETrRNS (BOUNTY OF uoTUWELL (Continued). 

Until 1H()7 the County of Kent returned l)at one member. At confederal ion 
new electoral districts were formed, the Townships of Howard, Orford, Camden, 
and Zone (in Kent), and Sombra, Dawn and Euphemia un Lambton), being con- 
stituted the electoral distiiut of Hothwell, Kent comprising the balance of tlie 
county. This arrangement also applied to the representation in the Ontario 
Assembly until 1874, wiien the county was divided into two Ridings — the lOast 
comprising Harwich, Howard, Orford, Zone, Camden, Dresden, Kidgctown, 
IMcnheim, Hothwell and Thamesville— the West, the balance of the county. In 
1882 the boundaries of the House of Commons constituencies were again chang«!d, 
Howard, Orford, and Hidgetown being a^tached to West Klgin, Kuphemia to 
West Middlesex, and Chatham Township and Wallaceburg to Hothwell. 



LIST OF THE JUDGES OF THE SUPERIOR COURTS FROM 1791. 



Taken from Read's Lives of the Judges (now deceased^. 

Chief Justice Osgoode appointed 1701 

Judge Powell appointed 1789 1792 

Chief Justice Elmsley appointed 1790 

1802 

„ 1804 

„ 1803 

„ 1805 

I. 1811 

„ 1818 

„ 1825 

n 1827 

1829 

,. 1829 

1837 

M 1837 

,, 1837 

,. 1840 

1847 

., 1848 

1848 

, , 1848 

1850 

1850 

M 1862 

1863 

1863 

„ 1862 

1875 

,. 1875 

„ 1878 

„ 1884 



Chief Justice Alcock , 

Chief Justice Scott 

Judge Cochrane 

Judge Thorpe 

Chief Justice Campbell , . 

Judge Boulton 

Judge Sherwood 

Judge Willis 

Chief JusLice Robinson . . 
Chief Justice Macaulay . . 
Chief Justice McLean . . . 

Judge Jones 

Vice-Chancellor Jameson 

Judge Hagerman 

Chief Justice Draper 

Judge Sullivan 

Chancellor Blake 

Vice-Chancellor Eaton . . . 

J udge Burns ... 

Chief Justice Spragge . 
Chancellor VanKoughnet 

Judge Connor 

Judge John Wilson 

Judge Morrison 

Chief Justice Harrison . . . 

Chief Justice Moss 

Chief Justice Cameron . . 
Judge O'Connor 



CHIEF JUSTICES AND JUDGES OF THE SUPREME AND EXCHEQUER 
COURTS OF CANADA AND THE SUPERIOR COURTS OF ONTARIO. 



SUPREME AND EXCHEQUER COURTS. 



Chief Justices. 

Hon. Sir Wm. Bruell Richards appointed Oct. , 1875 

Hon. Sir Wm. Johnstone Ritchie (Knight) appointed Uth Jan., 1879 

Hoi. Sir Samuel Hen y Strong „ 18th Sep., 1892 



139 



Judgen. 

Hon. Samuel Henry Strong appoMitrd 

Hon. TeleHpliore Fournier. . . . ,i 

Hon. Wni. Alexander Henry ... n 

Hon. Henri Kl/t'-ar Taachereau m 

Hon. John Wullington ( J wynne „ 

Hon. Chriatopher Salmon I'atterson n 

Robert Sedgewick m 

(Jeorge Kdwin King it 

(Jeorge VV. Uurbidge (Kxchequer) „ 



Hill Oct. 

8lh Oct. 

Stli ();t , 

7th Oot., 
14th Jan.. 
*27tli Oct , 
iMth Kel). 
2l8t Sep., 

Ut Oct., 



IHTf) 

1875 

187H 
187!> 

1888 

mvA 

1887 



SUPERIOR COURTS OF ONTARIO AND THK SUPREME COURT OF 

JUDICATURE. 



COURT OK APPEAL FOR ONTARIO. 



Chief Justices. 

Hon. Tliomas Moss appointed 30th Nov. , 1 877 

Hon. John Godfrey Spragge „ 2nd May, 1881 

Hon. John Hawkins Hagarty „ 0th May, 1884 

Judges. 

Hon. George VVm. Burton appointed 30th May, 1874 

Hon Christopher Salmon I'atterson n (ith June, 1874 

Hon. Jos. Curran Morrison „ 30th Nov., 1877 

Hon. Featherston Osier ,. 17th Nov., 18.33 

Hon. James Maclennan m 27th Oct., 1888 



COURT OF QUEEN'S BENCH AND QUEEN'S BENCH DIVISION OF 
THE HIGH COURT OF JUSTICE. 



Chief Justices and Presidents. 

Hon. John Hawkins H*garty appointed 13th Nov., 1878 

Hon. Sir Adam Wilson (Knight) , 6th May, 1884 

Hon John Douglas Armour m loth Nov., 1887 

Judges. 

Hon. John Douglas Armour appointed 30th Nov. , 1877 

Hon. Sir Matthew Crooks Cameron (Knight) 15th Nov., 1878 

Hon. John O'Connor i 1 1th Sep., 1884 

Hon. Wm. Glenholme Falconbridge m 2l8t Nov., 1887 

Hon. Wm. Purvis Rochfort Street i. 30th Nov., 1887 



COURT OF COMMON PLEAS AND COMMON PLEAS DIVISION OF THE 

HIGH COURT OF JUSTICE. 



Hon. 
Hon. 
Hon. 
Hon. 



Hon. 
Hon. 
Hon, 
Hon. 



Chief Justices and Presidents. 

Sir Adam Wilson (Knight) appointed 13th Nov., 1878 

Sir Matthew C. Cameron (Knight) m 13th May, 1884 

Sir Thomas Gait (Knight) .. 7th Nov., 1887 

Wm. R. Meredith appointed Oct., 1894 

Judges. 

Sir Thomas Gait (Knight) appointed 7th June, 1869 

Featherston Osier « 5th Mar., 1879 

John P:d ward Rose n 4th Dec, 1883 

HughMcMahon .. 30th Nov., 1887 



140 



COURT OF CHANCERY AND CHANCKKY DIVISION OF THK HIGH 

COURT OF .lUSTICK. 



Chancellors and Presidents. 

Hon. John (Jodfrey Spragge appointed 27th Doc, IHfiO 

Hon. John Alexander Boyd n IkdMay, IHHI 

Judses. 

Hon. Samuel Hume Blake appointed 2nd Dec , 1H72 

Hon. William Proudfoot 30th May, 1874 

Hon. Thomas Ferguson 24th May, 18K1 

Hon. Thomas Robertson » 1 1th Feb., 1887 

Hon. Richard Martin Meredith -t l»t Oct., 181K) 

Hon. Oliver Mowat appointed 14th Nov., 1884 resigned 



4 ' 



l^ 



MARITIME COURT. 



Judges. 

Kenneth McKenzie, Esq., Q. C appointed 12th July, 1887 

John lioyd, Esq., Q. C 28th Mar., 1883 

Joseph Easion Mel >ougall, Esq. , Q. C 17th Sept. , 1885 



COURT OF ADMIRA Y. 



Joseph Easton McDougall. 



GOVERNORS GENERAL OF CANADA PRIOR TO CAPITULATION. 



1540 Jean F. de la Roque, Sieur de Roberval. 

1598 Marquis de la Roche. 

1612 Samuel de Champlain. 

1630 Marc Ant. de Bras de fer de Chateaufort. 

1636 Chevalier de Montmagny. 

1648 Chevalier d'Aillebout de Coulonge. 

1651 Jean de Lauzon. 

1656 Charicb de Lauzon Charny. 

1657 D'Aillenout de Coulonge. 

1658 Viscount de Voyer d'i rgenson. 
1661 Baron de Boia d'Avangour. 
1663 Chevalier de SaflFray Mesy. 

1663 Alex, de Prouville Tracy (acting). 

1665 Chevalier de Courcelles. 

1672 Count de Frontenac. 

1682 Sieur de la Barre. 

1685 Marquis de Denonville. 

1689 Count de Frouteuac. 

1699 Chevalier de Callieres. 

1703 Marquis de Vaudreuil. 

1725 Baron de Longueuil (acting). 

1726 Marquis de Beauhamois. 
1747 Count de Galissonniere. 
1749 Marquis de la Jonquiere. 

1752 Marquis Duquesne de Menneville. 
1755 Marquis de Vaudreuil-Cavagnal. 



141 



HIGH 



10., 1869 
y. 1881 



AFTKR THE CAPITULATION. 



1872 
1874 
1881 



c , 

ilS[.', 1887 
b., 1890 
resigned 



ly, 1887 
ir., 1883 
[)t., 1885 



ION. 



17W) 

I7»n 

1778 

178() 

17!»7 

1807 

1811 

181.') 

1810 

1818 

1819 

1820 

18'28 

1830 

18.35 

18.38 

18.39 

18.39 

1842 

1843 

1845 

1847 

1855 

1861 



(Jpn. .lames Murray. 

(Jeu. SirOuy ('arlftoii (Lord Dorchester). 

(icn. Frederick Haldiniund. 

Lord Dorche.stcr 

Maior (Jeneral I'reacott 

Sir James C'raig. 

Sir (Jeorge Prevost. 

Sir (lordon Drummond (acting). 

Sir .lohn ('ope Shoihrooko. 

Duke of Iliclimond. 

Sir Peregrine Maitland (acting). 

Earl of Dalhoiisie. 

Sir James Kemp. 

Lord Aylmer. 

Lord Gosford. 

Earl of Durham. 

Sir John Colborne (Lord Seaton). 

Hon. C. P. Thompson (Lord vSydenham). 

Sir Charles Hagot. 

Sir Charles Metcalfe. 

Earl (Jathcart. 

Earl of Elgin. 

Sir Edmond Walker Head. 

Lord Monck. 



GOVELsORS GENERAL SINCE CONFEDERATION. 



1. Rt. Hon. Viscount Monck, June 1, 1867. 

2. Rt. Hon. Lord Lisgar (Sir John Young) December 29, 1868. 

3. Rt. Hon. the Earl of Dufferin (now Man|uis of DufTerin) May 22, 1872. 

4. Rt. Hon. the Marquis of Lome, Oct. 5th, 1878. 

,5. The Most Hon. tlie Marquis of Lansdowne, August 18, 1883. 

6. The Hon. Lord S'.aaley of Preston, May 1, 1888, who succeeiled to the 
Earldom of Derby on the death of his brotlier, April 21st, 1893. 

7. Rt. Hon. Lord Aberdeen, our present most excellent (iovernor General. 



THE LIEUTENANT GOVERNORS OF U1:'?ER CANADA FROM 1792 TO 1841 



Hon. John Graves, Simcoe, 1791 

Hon. Peter Russell, Presideat . . 1796 

Hon. Peter Hunter 1796 

Hon. Alexander Grant, President 1805-6 

His Excellency Francis Gore 180() to 1818 less 5 yra. in England. 

Major General Sir liaac Brock, PresiJeutl811-12 

Sir Perigrine Maitland. 1818 

Sir John Colborne 1828 

Sir Francis Bond Head 1 836 

Sir George Artliur 1838 

AFTER CONFEDERATION. 

Major General Sisied 1867 

Sir William P. Howland 1868 

Hon. John Crawford 1873 

Hon. D. A. Macdonald 1877 

Hon. John Beverly Robinson 1881 

Hon Sir Alexander Campbell 1888 

Hon. George A. Kirkpatrick 1892 



142 



COUNTY LIEUTENANTS. 



(lovernor Simeoe ar. .on^ his many other appointment* after the English 
model, gave ua County Lieutenants correaponding to the Lords Lieutenant in 
England and Ireland, in the latter of which tl't-y were introduced as late as 1831. 
The following is the list : 

John Macdonell ". Glengar^ 

William Fortune Prescott 

Archibald Macdonell Stormount 

Hon. Richard Dunjan Dundas 

Peter Drummond (irenville 

James Breakenbridge Leedi 

Hon. Richard (^artwright Froutinac 

Hazellon Spencer Lenox 

William Johnson Addingtnn 

, John Ferguson Hastings 

Archibald McDonell Maryaburg, Prince Edward 

- ' Alexander Chisholm Norihumberland 

Robert Baldwin Durban 

Hon. David \Vm. Smith York . 

, Hon. Robert Hamilton Lincoln . 

Samuel Ryerse Norfolk ;■ W :' 

Willicm Claus Oxford _. . ; 

Hon. Alexander Grant Essex 

. Hon. James Baby Kent. 

This he did to relieve himself of some of the responsibiliiies of granting lands 
to settlers and seeing that justice was done them. They possessed the right of 
appointi'.ig magistrates and officers of militia. Besides this a magistrate could, 
I'.iider his direction, assign in the King's name 200 acres of land to every settler 
whom he knew to be worthy, and the Surveyor of the District was to point out lo 
the settle^ the land allotted to him. In appointing these Lieutenants of Counties 
the Governor evidently had in viev7 the organization in time of a militia force for 
the defence of the country. As we see the Hon. Mr. Baby was the County Lieu- 
tenant for Kent, and I have an important letter addressed to him by Pre^'dent 
Russell in August, 1796, indicating the responsibilities of his position, and how 
military considerations pervaded everything in those days, and so it continued 
down as late as 1849, for it was only in that year that the Government woald allow 
a bridge acros" the Thames in Chatham to be built west of the Barrack ground 
at Sixth Street. 



<•»'! 



143 



Table of the British Bmpli'e and Its Depend sncles. 18^. 

From Hazell's. Annual for 1894. 



he English 
ulenant in 
ite as 1831. 



>ting lands 
le right of 
ate could, 
ery settler 
oint out 1 o 
f Counties 
a force for 
mty Lieu- 
Prep'dent 
, and how 
continued 
Oil id allow 
jk ground 



in The Irish Channel 
In The English \ 

Channel. J 

In The Mediterranean 



InTheCulf of Aden 



In Tha L.dian Ocean. 



In Asia. 



In Asiatic Archipelago 



In Australasia 



Name and Date of Acquisition 



« c8 
00 ? 

5hH 



> .2 
o 3 



The United Kingdom of (ireat 

Hritain and Ireland 

Isle of Man, or Mona (1765). .... 

Jersey I. (10G6) 

(iuerusey, etc., Is. (106(5) 

Gibraltar (1704) 

Maltese Is. (1800) 

Cyprus I. (1878) 

Aden (1839) 

Ferim I. (1855) 

Kuria-Muria lb. ().S54) 

North Somali Coast (1885) 

Socotra I. (1886) 

Mauritius I. (1810) 

Rodriguez I. (1810) 

Seychelles and Amirante Is. 

1810) 

ChagoandOil Is. (1810) 

Ceylon (1795) 

Maldive Is 

Empii'ft of India. (Empire, 77). . 
f Bengal 

Assam . . 

North- West and Oudt 

Punjab 

Central Provinces 

Burmah 

Madras 

Bombay 

j Ajmir 

\ Berar 

iCo. 

Native Slates (see India, Native 

States of) .... 

Andaman & Nicobar Is. ('58) . 

Stiaits Settlements 

Singapore (1819) 

Penanga786) 

Province of Wellesley 

TheDindings (1826 

Malacca (1795) 

Cocos or Keeling Is. ('85) 

Christmas I. (1889) 

Perak (1875) 

Selangor(1873) 

Sungei Ujong (1873) 

Jelebu(1885) 

Negri Sembi Ian (1886) 

Pahang (1888) 

Labuan I. (1847) 

North Borneo (1877) 

Hong-Kong I. , with Kowloon 

and Lema Is. (I84n 

New South \VttlieB(l788) .... 
Victom(1851) 



Capital 



London . . . . 
Douglas . . . 
St. Heliers. 
St. Pierre. 
Gibraltar . . 
Vuletta . . . 
Nikosia . . 
Aden 



Berbera. . 
Tamarida . 
Port Louis 



PortVictor'a 
Diego Garcia, 
Colombo .... 



Calcutta(tot'l) 

Calcutta 

Ganhati 

Allahabad; Luck- 
Lahore ["-Jw 

Nagpore 

Mandalay 

Madras 

Bombay 



Ellichpore. 



Port Blair. . . 

Singapore. . . . 

Singapore .... 
\ (ieorgdtown 
/ or Peuang 



Malacca. 



Taiping . . . 
Kuala Lumpor 

> Seremban 

Kuala Pilah . . 

Pekan 

Victoria Karb. 
Sandakan .... 



Victoria . . 
Sydney ... 
Melbouiue 



Population 



7888153 

55598 

54518 

35339 

'25869 

177225 

2092S6 

41910 

150 

34 



10300 
368163 



18000 



3008239 



287223431 
7 J 346987 \ 

5476833 
46931010 
20807020 
10784294 [ 

7605560 I 

35591410 I 

18901123/ 

541890 

2896670 
172630 

66167860 

abo't 25000 

512342 

184554> 

123886 

108117 

.1615 

92170 

554 

214254 
81592 

23002 

41617 

64000 

5853 

200000 

221441 
1134207 
U40411 



144 



Table of the British Bmplre and Its Dependencies, 1884. (Continued.) 



In The Pacific Ocean , 



In America. 



InThe North Atlantic 



Name and Date of Acquisition 



Isles 



South Australia (1836) . . . 
Northern Territory (1864) 

Queensland (1859) 

Western Australia (1829). 

Tasmania (1825) ... 

New Guinea (part) and 

(1888) 

New Zealand (1840) 

Fiji Isles (1874).. 

Rotumah Is. (1881) 

Tonga Isles (1881) 

The Dominion of Canada (1763). 

Ontario (1763) 

Quebec (1763) 

Nova Scotia and ('ape Hreton 
1.(1714) 

New Biunswick (1761) 

Prince Edward I. (1798) 

Manitoba (1870) 

North-WestTerritories(1870) 

British Columbia and Van- 
couver I. (1859) 

Newfoundland (17 13) 

Labrador 

British Guiana (1814) 

British Honduras (1786) 

Bermuda Is. (1609) 

Bahama Is. (1783) 

Leeward Is. (Fed. 1871) 

Antigua (1632) 

Barbuda and Redonda 

Montserrat (1632) 

St. Kitt8(1632) 

Anguilla(1632) 

Nevis (1632) 

Dominica ( 1 763) 

Virgin Is. (1666) 

Windward Is. (Fed. 1871). 

, to /"Grenada and Grenadine Is. 

'^Zl (^763) 

- N jSt. Lucia (1803) 



In Thu South Atlantic 



In Africa. 



^ i.St- Vincent (1763) 



(1783) 



Jamaica I. ( 1 655) 
Turks and Caicos Is. 
Barbados (1625) ... 

/Trinidad (1797) 

t Tobago (1763) 

Ascension I. (1815) .... 

St. Helena (1673) 

Tristan D'Acunha (1815) 
Trinidade Is. (1815).... 

Falkland Is. (1771) 

South Georgia (18.33)... 

Capo Colony (1 815) 

Basutoland (1868) 



Capital Population 



Adelaide . . . . 
Palmerston. . . 

Brisbane 

Perth 

Hobart 

Port Moresby. 
Wellington . . . 
Suva 



Tonga tabu 
Ottawa . . . 
Toronto . . 
Quebec . . . 



Halifax 

Fredericton . . 
Charlottetown 
Winnipeg .... 
Regina 



Victoria 

St. John's. .| 
Hopedale . . . / 
Georgetown . . 

Belize 

Hamilton . . . . 

Nassau 

St. John 

St. John 



Plymouth . 
Bass-sterre. 



Charlestown . 

Roseau 

Roadtown. . . . 
St. (iJeorge . . . 

St. George . . . 

Castries 

Kingstown. . . 

Kingston 

(irand Turk . . 
Bridgetown . . 
Port of Spa'n . 

Scarbro' 

Georgetown . . 
Jamestown . , . 
New Edinb'gh 



Stanley 



323109 

in. in above 

393938 

58000 

152619 



489000 

634058 

127444 

2409 

230(X) 

4833239 

2112989) 

1488586 

450523 
321294 
109088 \ 
154442 
99722 

92767 J 
202100 

278328 
31471 
15884 
48000 

129760 

.36700 
11760 

47660 

29000 

4640 

135976 



51427^ 
41713 V 
4 1054 J 
G39491 \ 
4785 / 
182322 
214496 
19534 
360 
4116 
100 
15 
1789 



Capetown , . . 



1527224 
218902 



145 



Table of the British Empire and Its Dependencies, 1894. (Continued.) 



Name and Date of Acquisition 



British Bechuanalahd, etc., ('85). 

Natal (1856) 

Zululand(1887) 

British South Africa Co. (1888) 
and British tJentral Africa 
(Nyassaland) (1889) 

British East Africa Co. (1888). . , 

Zanzibar and Pemba (1888) 

Royal Niger Co. (1886) 



Niger Coast Protectorate ('84). 

Gold Coast Colony (1808) 

Lagos (1861) 

The Gambia (1664) 

Sierre Leone (1791) 

VValfisch Bay (1878) 



Capital 



Pietermaritzburg . 

Eshowe 



Fort Salisbury 
Mombasa .... 

Zanzibar 

Asaba 



Population 



72700 
543913 
142038 



Lngos . 



25000000 



1905000 

107000 

50000 

180000 



The foUov/iug are the latest returns : The United Kingdom, its colonies and 
dependencies have an area of 9,180,700 square miles and a population of 345.282,- 
960. In addition Britain holds protectorates and spheres ot influence over 
2,240,400 square miles, with a population of 36,122,000. This makes the total area 
of the whole British Empire 11,421, 100 square miles with a population of 381,404,960. 



WARDENS OF KENT. 



The 

1850 

)851 

1852 

1853 

1854 

1855 

1856 

1857 

1858 

1859 

1860 

1861 

1862 

1863 

1864 

1865 

1866 

1867 

1868 

1869 

1870 

1871 

1872 

1873 

1874 

1875 

1876 

1877 

1878 

1879 

1880 



Wardenij and Municipalities they represented were as follows 
George Duck, Reeve, Township of Howard. 

II H M II II 

James Smith, Reeve, Townships of Camden and Zone. 

II II II II II II M 

II II II II M II II 



Township of Camden. 



L. H. Johnson, Reeve, Township of Chatham. 
George Young, Deputy Reeve, Township of Harwich. 

II II M II II M 

John McMichael, Reeve, * n n 

Caleb Coatsworth, ,i Township of Romney. 

John Duck, m n Howard. 

Geo. W. Foott, II II Dover. 

Stephen White, ^, ^^ Raleigh. 

Israel Evans, m Town of Chatham. 

Dr. D. J. VanVeleor, Reeve, Township of Harwioh. 

Joseph Roberts, n ,< Zone. 

Arthur Anderson, Deputy Reeve, Township of Camden. 

John Lee, Reeve, Township of Orford, 

J. A. Langford, Deputy Reevo, Township of Harwich. 

Robert Ferguson, Reeve, Township of Camden. 

Alexander Trerice, Reeve, Village of Dresden. 

T. R. Jackson, n h Blenheim. 

i^r. Jacob Smith, n n Ridgetown. 



146 



1881 
1882 
18S3 
1884 
1885 
1886 
1887 
1888 
1889 
1890 



William Hickey, Reeve, Township of Tilbury East 

B. W. Willson, -- 

L. E. Vogler, 

David Caughill, 

Dr. Geo. Mitchell, 

John Wright, 

Francis GifFard, 

W. A. Mills, 

J. A. McGregor, 

D. H. Gesner, 



Howard. 

II Zone. 

II Harwich. 

Village of Wallaceburg. 
Township of Dover. 

II Camden. 

II Chatham. 



II It Tilbury East. 

^ , II II Orford. 

Who died previous to tha June Sessioc, when George Johns, Reeve of 
Bothwell, was elected Warden for the balance of the year. 
T. B. Gillard, Reeve of Wallaceburg. 



1891 
LIST OF BARRISTERS AND SOLICITORS IN THE COUNTY OF KENT 



Atkinson & Atkinson. 
W. H. Robinson. 
A. M. Lafferty. 
J. B. O'Flynn. 
J. W. White. 
J, Warren. 
Pegley & Sayer. 
Edwin Bell. 
G. G. Martin. 
W. J. Martin. 
C, J. O'Neill. 
J. A. Walker. 

W. R. Hickey. 

John Coutts. 

H. D.Smith. 
O. K. Watson. 

R. L. Gosnell. 

J. S. Fraser. 
A. McDougall. 

J. W. Sharpe. 
F. E. Nelles. 



CHATHAM. 

W. F. Smith. . 

Lewis & Richards. 

Wilson, Rankin, McKeough, Kerr & Pike 

Thrasher & Arnold. 

Scane, Houston, Stone & Scane. 

Geo. B. Douglas. 

Douglas & Ireland. 

John Reevft. 

J. D. Lamont. 

J. P. Duulop. 

Ward Stanworth. 

BOTHWELL. 

Geo. Taylor. 

THAMESVILLfc. 
RIDGETOWN. 

Ridley & Guudy. 
W. Mills. 

BLENHEIM. 

R. M. Thompson. 

WALLACEBURG. 

C. B. Jackson. 

DRESDEN. 

G. E. Weir. 

TILBURY CENTRE. 



THE PRESENT OCCUPANTS OF HARRISON HALL. 



Judge Bell. 

Judge Woods. 

Sheriff Mercer. 

William Douglas, Q. C. 

Archer Ireland, Barrister. 

^ym. A. Campbell, D. C. C «& P. &c. 

Th 8. Scullard, Barrister, Assistant. 

Robert O'Hara, Master in Chancery, 



William Rannie, Collector. 
A. L. Shambleau, County Treasurer. 
James G. Fleming, County Clerk. 
Robert G. Fleming, City Treasurer. 
John Tisaiman, City Clerk. 
James Weir, Aasistant Clerk. 
Charles E. Beeston, Sheritf s Otrice. 
J. H. Blackburn! Janitor. 



147 



INDEX. 



Dedication 

t'RKKACE . . . 



CHAPTFR 1. 

Harrison Hall and its Associations 

Sketch of 

The laying of the Foundation Stone 

The Namesakes . 

Hon. Robert Alexander Harrison 

Hon. Samuel Bealey Harrison 



CHAPTER II. 



Municipal Organization and Development . . , 

Fights Fought for Freedom 

Canadian Commissioners' Report 

Mr. McEvoy's Essay 

Justice of the Peace for 1841 

Lords Durham and Sydenham 

First Municipal Act 1841 

First Municipal Council of Western District. 

The Solicitor 

The Poundkeeper 

District of Kent . 

I'rovision Council of 

Mr. Baldwin's Municipal Ac*^ 1849 

Kent's first County Council ... 

Its Members 

(ieorge Duck, 1st Warden 

Histoiic Origin of Municipal Names 

Municipal Purity 

Temperance Reform 



CHAPTER III. 



Responsible Government 

The Resolutions upon 

Hon, S. B. Harrison. 

Kent Election of 1841 

Colonel Prince 

Kent — Detroit as the District Town 

Sir David Wm. Smith and Wm. Macomb first Members 
Not Generally Known 



CHAPTER IV. 

District of Hesse . 

Kent, Essex and Suffolk 

Building Court House in Detroit 

Detroio and Michilmackinac 

Exodus Act, 1796 

Courts to be near Bois Blanc Island 

Last Court of Quarter Session held in Detroit . 

Seat of Courts changed to Sandwich 

Detroit— Seat of Courts for Hesse 



1 
9 
10 
11 
12 
12 



14 

15 
15 
16 
17 
19 
19 
20 
22 
22 
23 
23 
23 
23 
23 
24 
24 
25 
26 



28 
28 
29 
30 
31 
32 
33 
33 



3(5 
37 
37 
37 
37 
37 
37 
38 



148 



CIIAI'TEU V. 

France's Surrender of Canada 39 

Kingfcford's Review 3S 

Treaty of Paris, 170.3 40 

Treaty of Utrecht '. . . . 41 

Newfoundland 41 

(Jeneral Murray, 1st (iovernor General 42 

Chief Justice Campbell and Detroit District 44 

The Quebec Act, 1 774 4.') 

Watson, Kmgsford and Read 46-7 

(CHAPTER VI. 

Ustirpation — Islands and Indians 53 

The v\ astern Posts 53 

Dr. Ilyerson's Statement 53 

Professor Goldwin Smith's .... 54 

Sequel of the Boston Tea Party 55 

Capital Punishment 55 

Tke Islands of the Detroit River 5(5 

Indians 59 

OHAPTKR VII. 

Our Constitutional Act, 1791-2, Upper Canada, Newark, York. 63 

Organization of Government 64 

First Legislative Councillors— (Jhief Justice Osgoode and Messrs. Robertson, 

Grant and Russell 64 

First Session U. C. Legislature 65 

Slavery Abolished 67 

First Newspaper, U. C. Gazette or American Oracle 67 

John Brown and his followers 67 

Marriage Act 68 

CHAPTER VIII. 

69 

69 

69 

70 



Our Judges and Courts. 
Chief Justice Osgoode . 

J udge Powell 

York 



Chief Justice Sir VVm. Campbell 71 

Chief Justice Sir John Beverley Robinson 71 

The Family Compact 74 

Sir John as Registrar of Kent ... 74 

Michigan Under the Judges 75 

Our J udges 76 

The Local Osgoode .......... 77 

Local Courts 78 

Chatliam Historical 81 

Tecumseh, the Great Shawnee Chief 81 

CHAPTER IX. 

Confederation 83 

Members of first Ministry 83 

Ontario 83 

Simcoe's Proclamation 85 

Kent's Registry Office and St. Joseph's Island 85 

Land Board of Hesse — Fields v Miller 87 

Lord Selkirk— Baldoon 88 

CHAPTER XI. 

Tne Detroit River Navigation 90 

Lake St. Clair 91 

Belle Isle Park 93 

Detroit 94 

Windsor 95 





, . 39 




. . 38 




. . 40 




. 41 




, . 41 




. 42 




.. 44 




. . 45 




. 46-7 


.... 53 




.. 53 




. 53 




. 54 




. 55 




. . 55 




.. 56 


• • 


. 59 


.... 63 


.... 64 


Lson, 


... 64 


.... 65 


• • • 


. 67 


. , 


. 67 


, , 


.. 67 




.. 68 


.... 69 




. 69 




.. 69 




. 70 




. 71 




. . 71 




.. 74 




.. 74 




. . 75 




.. 76 




. 77 




.. 78 




. . 81 




. 81 




.. 83 




.. 83 




.. 83 




. . 85 




.. 85 




. , 87 




.. 88 




.. 90 




. . 91 




. 93 




. 94 




.. 95 



149 

The Boundary — Our Alabama 96 

Rocks to be avoided 97 

Our U. S. of 370 Millions ', , 98 

Dr. IJourinot on political union with the U. S 99 

CIIAVTER XII. 

The War of 1812 101 

Hull's Proclamation .... 101 

General Brook's Proclamation 102 

The Rebellion of 1837-8 108 

CIIAPTKR XIII. 

Education and the Church 109 

The Church Ill 

Kent's first Centennial — Moraviantown Mission, May, 1892 1 13 

Table of the Religions of the Dominion by Provinces 114 

A summary of the various sections . . . ' 115 

ClI.Al'TKR XIV. 

Agriculture .... 116 

Act of 183') for encouraging agricultural societies 1 16 

Kent's first agricultural society 116 

Kent'a bean product greater than all the Dominion 120 

Canada's cheese product greater than that of the U. S 120 

Literary and IMvlosophical Societies of the Western District 120 

Western District Medical Society 121 

CIIAI'TER XV. \ 

Railways— G. W. R., G. T. R., C. P. R., M. C. R , E. & H., and L. E. & D. 

R. R. and others 122 

Roads— Plank and Gravel 123 

Lake Erie and Lake St. Clair Ship Canal 124 

The Monroe Doctrina — Its Genesis 125 

England's Proposal -'•ex- President Jefferson's Letter 126 

Conclusion— Our Watchwards 128 

Postscript — The Venezuela Message 129 

Sir Oliver Mowat'd Testimony to Canada's devotion to England 129 



I3^TDE;X TO A-FIPKISTDICES. 



Officials of the District of Hesse and Western District — Detroit 131 

Judges of District Court 131 

Judges of Surrogate Court , 131 

Clerks of tne Peace ] 32 

Clerks of District Courts 132 

Treasurers of Districts 132 

Registrars of Counties 132 

Registrars of Surrogate Court 133 

Commissioners of Customs 133 

Collectors of Customs 183 

Tost Masters ; 133 

Inspectors of Inland Revenue 133 

Crown Lands' Agents 134 

Justiced of the I eace for 1802 134 

Salaries 134 

M, P. P.'s for Western District from 1792 to 1841 134 

M. P.'s for Kent from 1841 no 1867 135 

After Confedf^ration — in Dominion Parliament 135 

Electoral District of Bcthwell 135 

Legislative Council of Hesse and Western District 135 



160 

Western Division, Election Legislative Council 135 

Ontario Legislature 1 3'''> 

Election Returns County of Kent 136 

Election Returns (.ounty of liothwell 137 

List of the Judges of the Superior Courts from 1701 138 

Chief .Justices and .7 udges of Supreme ami Exchequer Courts of Canada and 

the Superior Courts of Ontario 1 38 

Ciovernors (Jeneral of Canada prior to Capitulation 141 

After the ('apitulation 141 

Governors General siuce Confederation 141 

The Lieutenant Governors of Upper Canada from 1792 to 1841 141 

After Confederation 141 

County Lieutenants 142 

Tables of the lirilish Empire and its Dependencies, 1894 143 

Wardens of Kent 145 

List of Barristers and Solicitors in the County of Kent 146 

The present occupants of Harrison Hall 146 




I, and 



135 
135 
13() 
137 

138 

138 
141 
141 
141 
141 
141 
142 
143 
145 
146 
146 



ERRATA. 



At page 17, last line from bottom, for Hull read Hall. 

At page 18, line 10 from top, for To,nHnson read Toulmin. 

At page 18, line 18 from top, for Pudeaiix Girly read Predeaux Oirty. 

At page 63, on line 7, for fact read past. 

At page 69, last line of page, for 1774-5 read 1794-5. 

At page 89, 16 lines from top, for £600,000 read $500,000. 

At page 92, line 23 from top, for then read three. 

At page 107, 4th line fiom top, for whom irith read with ivhom. 

At page 110, line .' 'rom top, for prilosoj)hy read jtMlosophy.