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Ontario Distorical Society.
PAPERS AND RECORDS
VOL. VIII.
x\
TORONTO :
PUBLISHED BY THE SOCIETY. 1907
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CONTENTS.
PAGE I. The Insurrection in the Short Hills in 1838. LT.-COL. E. CRUIKSHANK - 6
II. The Hamiltons of Queenston, Kingston and Hamilton. H. F. GARDINER 24
III. The Petuns. I/r.-CoL. G. W. BRUCE - - 34
IV. The Nottawasaga River Route. G. K. MILLS, B.A. - 40
V. THE First Commission of the Peace for the District of Mecklenburg.
R. V. ROGERS, LL.D.- - .... 49
•VI. Some Events in the History of Kingston. W. S. ELLIS, B.A. - 78 —
VII. Early History of the Anglican Church in Kingston. REV. ARCHDEACON
MCMORINE, D.D. - - ~ v ,-•'. - - . -90
VIII. Some Epochs in the Story of Old Kingston. Miss AGNES MAULE
MACHAR ("Fidelia") - - - • '.. - - 102
IX. The Navies on Lake Ontario in the War of 1812. Notes from the Papers of a Naval Officer then serving on His Majesty's Ships. BARLOW CUMBERLAND, M. A. - '-'"'. . > : , ~. . v . 124
xX. Cataraqui. CHARLES MACKENZIE - . , , ,• V * , ^y ; - . . 142
XI. Captain William Gilkison. Notes from a Paper prepared by Miss
AUGUSTA ISABELLA GRANT GILKISON • *'• — - - - 147
XII. Early Churches in the Niagara Peninsula, Stamford and Chippewa, with Marriage Records of Thomas and James Cummings, J.P., and Extracts from the Cummings Papers. Miss JANET CARNOCHAN - 149
ILLUSTRATIONS.
PAGE The Great Seal of the Province of Quebec attached to " The First Commission
of the Peace for the District of Mecklenburg " - Frontispiece
La Salle - ' 81
Within Fort Henry 81
An Ancient Plan Indeed -----. 82
A Plan 140 Years Old 85
Kingston in 1796 87
The Original St. George's Church, Kingston - - 90
Archdeacon Stuart's Tomb - 101
Governor Simcoe's Council House, Queen Street, Kingston, 1792 ... 118
Shoal Tower, Kingston - - - 120
Kingston in 1819 - - - 124
A Scene on Lake Ontario. United States Sloop of War Gen. Pike, Commodore Chauncey, and the British Sloop of War Wolfe, Sir James Yeo, preparing
for action, September 28th, 1813 - - 130
Kingston from Fort Henery -•.- - - 140
I.
THE INSURRECTION IN THE SHORT HILLS IN 1838. BY LIEUT.-COL. E. CBUIKSHAISTK.
(Read at the Annual Meeting of the O. H. S. at Niagara-on-the-Lake, June 8th, 1905.)
The unsuccessful attempt to organize an insurrection «at the Short Hills, in the Township of Pelham, in June 1838 is an interesting epi- sode which has received but scant consideration from most historians of that troubled time. Read's account is grotesquely inaccurate while Dent and Lindsay barely refer to it. Kingsford gives it a couple of pages, which it seems scarcely necessary to remark are disfigured by several grievous misprints and errors. Two of the leaders, Benjamin Wait and Linus Wilson Miller, wrote accounts of their captivity, but have little to say about the rising itself, and their statements, for obvious reasons, cannot as a rule be accepted without corroboration.
Navy Island had been evacuated by Mackenzie and his followers on the 16th of January, and although public meetings were subse- quently assembled at intervals in most of the American towns and cities near the Canadian frontier to express sympathy and raise money for the refugees, and small bodies of men were reported to be drilling for their service at various places, no further attempt to make an inva- sion took place for several months. Meanwhile a considerable force of Incorporated Militia was organized for the defence of the Province of Upper Canada by voluntary enlistment, and the First Frontier Light Infantry, composed of ten companies, enrolled in the Niagara District and commanded by Lieut. -Colonel John Clark, was stationed along the Niagara River, in conjunction with some small detachments of regular troops, which had arrived from Montreal. Colonel Hughes, of the 24th Regiment, assumed the command of the frontier, which he retained until May, when he was relieved by Colonel H. D. Townsend, of the 32nd.
On April 4th sentence of death was pronounced at Hamilton upon nine prisoners who had been concerned in Dr. Duncombe's rising near Brantford, three of whom were recommended for mercy and respited. The date of execution of the sentence upon Horatio Hill, Stephen Smith, Charles Walworth, Ephraim Cook, John Tufford and Nathan Town was fixed for the 20th of April. On the 13th of that month
5
6 ONTARIO HISTORICAL SOCIETY.
Samuel Lount and Peter Matthews were hung at Toronto. The exe- cution of these unfortunate men naturally excited bitter resentment, not unmingled with apprehensions for the lives of other prisoners, among their friends and sympathizers, both in Canada and the United States. On the following day the Executive Committee of the Cana- dian Refugee Republican Association met at Lockport, N.Y., where they ihad established their headquarters, to consider the situation and make arrangements for the forcible liberation of the prisoners at Ham- ilton. A body of volunteers was easily enrolled for an attack upon the gaol on the night of April 19th, which Dr. J. T. Wilson and Linus Wilson Miller, a hare-brained young law student from Rochester, offered to lead. Upon arriving in Hamilton on the 18th they learned that the prisoners had been reprieved, and found the place thronged with militia, who had been called out to guard the gaol. Reports of preparations for ian invasion and of the gathering of bodies of " patriots," as the American newspapers styled the refugees and their sympathizers in Buffalo, Lewiston, Lockport and Rochester, continued to keep the troops on the frontier on the alert. In the beginning of May one small party from Buffalo landed on Point Abino, but hastily re-embarked after remaining there a few hours. On the 12th of that month Charles Durand was formally sentenced at Toronto to be hanged on the 24th and the remainder of the political prisoners awaiting trial were ordered to be discharged upon furnishing sureties for their good behavior for three years. Durand was reprieved, .and three months later his sentence was commuted to banishment, upon which he went to join the refugees in Buffalo. On May 30th the steamboat Sir Robert Peel was captured and burnt by a party of " patriots " near the mouth of French Creek, in the St. Lawrence, in consequence of which Governor Marcy, of New York, was induced to offer a reward of $500 for the apprehension of William Johnson, late of French Creek, and $250 each for the arrest of Daniel McLeod, Samuel C. Frey and Robert Smith, refugees from Upper Canada. Sir George Arthur, the Lieutenant-Governor of that Province, also issued a proclamation, offering a reward for the capture of the offenders, but strictly for- bidding any acts of retaliation upon the persons or property of citizens of the United States, of which indiscreet threats had been publicly made. The statutory annual muster of the militia of Upper Canada took place, as usual, on the 4th of June. Colonel James Kerby's report to Colonel Townsend of his inspection of the 2nd Lincoln Regiment has been preserved and has more than ordinary interest from subse- quent events.
THE INSURRECTION IN THE SHORT HILLS IN 1838. 7
" DKUMMOKDVILLE, 5th June, 1838.
" SIR, — I beg leave to report for the information of His Excellency the Major-General Commanding, that I went to review the Second Lincoln Regiment of Militia at Allanburgh yesterday, the usual place of rendezvous, a regiment I have had the honor of commanding for many years.
" I regret to remark that a rumor of disaffection had prevailed amongst some of the companies residing at Short Hills and on that account I felt anxious to see the regiment and ascertain, if possible, if such a feeling was manifest on their part. I have, however, to assure you that I discovered nothing of the kind. Lieut.-Colonel Rorback, in command, received me at 1 o'clock in a manner most gratifying to my feelings. Every attention was paid me during the time I read the Governor's proclamation relative to the recent acts of outrage, and entreated their forbearance against any act of retaliation being com- mitted by any. I continued in offering a few further remarks and proposed to close the duties of the day by giving three cheers for the Queen and Governor, which was with enthusiasm responded to.
" I have it upon paper that the strength of the regiment was nearly one thousand men — very few guns — and the two companies alluded to were far the strongest. A troop of dragoons, consisting of upwards of fifty, added much to our appearance.
" The utmost good order prevailed during my presence and at 5 o'clock I left the grounds and every person had gone home."*
Colonel Samuel Street's regiment, the 3rd Lincoln, was inspected at Chippawa, where it turned out in nearly equal strength.
The refugees on the American side, however, were still active and undismayed by the preparations for repelling them. They openly boasted that they could assemble five hundred well-armed men at any point on the frontier in a few ihours, and that they had secreted more than twelve hundred stands of arms and six pieces of cannon. At this time the entire force of United States troops available to maintain the neutrality laws on this frontier did not exceed ninety men.
On the night of the 17th of June a body of more than two hun- dred armed men marched through Lewiston on their way to Clark's Point, on the river, two or three miles below where a small schooner and two scows were moored in readiness to convey them across the river for the attack of Queenston, which was garrisoned by a single eompany of the First Frontier Light Infantry, under Captain Lewis
* "Canadian Archives," C. 609-2, pn. 41, 42.
ONTARIO HISTORICAL SOCIETY.
Palmer. In anticipation of success, the " patriots " had provided themselves with printed proclamations announcing the capture of the two forts at Niagara. When the order to embark was given to this dis- orderly rabble only twenty-three persons obeyed, and an alarm being spread soon after that the United States troops were marching against them, the whole party dispersed before daybreak. Next day fifty reg- ular infantry and the crew of a revenue cutter arrived from Buffalo and took up their quarters near the landing. Shortly after this a depot of a hundred stand of arms was seized by these troops at Dickenson's tavern, on the Lockport road, and their determination to maintain the neutrality of the country was firmly declared. On the Canadian side William Woodruff, an influential and respected citizen of St. David's, was arrested on suspicion of complicity in this affair, but soon released. Disconcerting as these events must have been to the refugees, the most sanguine and resolute among them did not abandon their design of entering Canada, and on the j£^h of June they jeassembled at Schlosser and crossed to Grand Island, where they were supplied with arms and ammunition. That night twenty-six of them, among whom were Alexander McLeod and John James McNulty, who had been con- cerned in the insurrection at Montgomery's tavern; Jacob Beemer, who had been indicted for participation in Duncombe's rising, and Samuel Chandler, of Pelham, and Benjamin Wait, of Willoughby, who had joined Mackenzie on Navy Island, landed a few miles above Chippawa and encamped for a day or two in a large and dense tamarac swamp, in the Township of Willoughby, where they endeavored to remain concealed until they could make their way further inland. Chandler, who was born in Connecticut, but had been domiciled in Can- ada for many years as a wagon-maker, and had acquired sufficient in- fluence to be appointed a justice of the peace, seems to have planned the expedition. He possessed a wide acquaintance, and not a little influ- ence among the inhabitants of the Township of Pelham, many of whom, he believed, were ready to co-operate with them, and in evidence of this he displayed a list of not less than five hundred and twenty-six persons whose names had already been enrolled. Wait was quite as hopeful and enthusiastic, and between them they had succeeded in inducing James Morrow, a tanner from Pennsylvania, to join the party. He was a Roman Catholic, of Irish parentage, who possessed some means and had received some military training. It is stated that he was assured that three thousand men were ready to assist in an insurrection. After securing a supply of bread from a baker in Chippawa, who appears to have been a sympathizer, they divided into
THE INSURRECTION IN THE SHORT HILLS IN 1838. 9
several parties and commenced their march for the Short Hills, about fifteen miles distant, which they had selected as their base of opera- tions. They reassembled on June 12th at the barn of Lewis Wilson, wiho was then a refugee in Buffalo, but soon removed to a commanding position in the woods on the farm of Aaron Winchester, another sym- pathizer, about three miles from the hamlet of St. John's, and seven miles from St. Catharines, whence they possessed a wide view of the surrounding country in all directions, and a perfect labyrinth of ravines, thickets, and winding roads would favor their operations and render it difficult to take them by surprise. On the same day they notified Major-General Daniel McLeod, the recently-appointed Com- mander-in-Chief of the Patriot army, who was at Lockport, by special messenger, that they were encamped among the Short Hills, awaiting orders from the " Provisional Government." It was decided that their movement was premature, and might imperil the success of the general insurrection, which was being planned to take place upon " Inde- pendence Day," and Linus Wilson Miller, who had been appointed an aide-de-camp to McLeod, with the rank of Colonel, was detailed to proceed to their camp and instruct them to return to the United States. He succeeded in joining them undiscovered, with two companions, when their number was increased to thirty, but although some of the neighboring inhabitants visited them daily and even supplied them with provisions, they resolutely refused to assist them until they were joined by a reinforcement of five hundred men from the American side, of which they had spoken. They had elected Morrow as their commander, with the rank of Colonel, white Wait had been made Major, Beemer and McLeod, Captains, and Chandler, Commissary.
By this time a report that a number of suspicious persons had been seen in the vicinity of Chippawa had reached the ears of James Cum- mings, a vigilant magistrate at that place, who sent out some men to investigate. Their deserted encampment in the swamp was discovered and the number of its occupants was closely estimated from traces they had left behind. Information was also obtained that their destination was some part of the Township of Pelham, where Mackenzie himself had found shelter and assistance during his flight to Buffalo, and he was still supposed to have numerous wellwishers and adherents.
On the 8th of June a small troop of Provincial cavalry from Toronto, known as the Queen's Lancers and commanded by Lieut. Magrath, had arrived at Queenston for the special duty of patrolling the river more effectively, and now a sergeant's party was detailed to
10
ONTARIO HISTORICAL SOCIE'IY.
proceed to Pelham to gain intelligence of the appearance of any sus- picious persons.
Meanwhile, Morrow's followers had absolutely refused to obey the militia order from McLeod to return, which Miller read to them, before they had succeeded in " striking a blow," and he had attempted to return to Lockport with this answer, but found the river bank so closely watched that he went back to their camp in the hope of persuading them at least to remain quiet until the fourth of July, when they could join in the general movement .arranged for that date. They still remained undisturbed in their encampment and had enlisted a number of new recruits, mostly very young men or persons of no position. Jacob Beemer, for whom Miller had conceived a great dislike, seemed to have gained the ascendant in their councils and directed their opera- tions. On the 20th they were joined by five or six persons from the United States, who confidently assured them that they would soon be followed by Major-General McLeod and three hundred men from Lock- port. Encouraged by this information and finding that they numbered forty-nine men, they determined to attack the little party of Lancers which ihad lately taken up its quarters at Osterhout's tavern in St. John's. This consisted of a corporal and twelve men, commanded by Sergeant Eobert Bailey, who, notwithstanding their designation as lancers, were only armed with swords and pistols.
In order to surround the village and prevent the escape of any of this outpost, it was determined to advance in three divisions. At nine o'clock the first of these, headed by Beemer, marched off and on their way broke into the house of Overholt, a very old man, who was obnoxious to some of them, not only because politically he was a Tory, but also because he had served in the Hessian contingent of Burgoyne's army and afterwards in Butler's Hangers during the American Kevo- lution. This man was robbed by them of $1,000 and his son of $300 in gold and silver coin. The second band, led by Morrow himself, left camp two hours later, uniting with Beemer' s party on the road, but did not arrive at St. John's until about two o'clock in the morning, by which time the third division also came up. A sentry who was posted outside the tavern challenged upon their approach, when he was fired at. He discharged his pistol and ran into the house, alarming Ser- geant Bailey, who was in bed. The doors and windows were barri- caded and the house was soon surrounded by the insurgents, shouting and discharging their firearms, with which they seem to have been well provided. The Lancers replied with their pistols from the win- dows of the upper story. About fifty shots are said to have penetrated
THE INSURRECTION IN T.,E SHORT HILLS IN 183S. ll
the roof and walls, but only one of the defenders was wounded, while they succeeded in shooting two of their assailants and kept them at bay for half an hour when they began to bring bundles of straw, with the avowed intention of burning the building, at the same time raising fierce cries of " ~No quarter." To avoid this horrible fate, Bailey agreed to surrender. When day broke the prisoners were marched away some distance into the woods and their captors discussed the question what should be done with them in their presence. Beemer and Chandler warmly urged that they should be hung and seven were actually selected for execution. Morrow and Miller, on the other hand, protested against this cruel decision and advised that they should be released after taking an oath not to bear arms again during the contest. Their opinion finally prevailed and the prisoners were formally paroled and released. The number of the insurgents seen by them was roughly estimated to exceed one hundred, and the most exaggerated accounts spread rapidly and created a great sensation on both sides of the frontier.
A correspondent of the New York Journal of Commerce, writing from Chippawa that day, June 21st, said:
" I arrived here to-day and found this place in a great excitement, owing to a battle which took place last night at Short Hills, about twelve miles hence, between a mounted troop of 100 British lancers ano^ about 2,000 patriots.
" It resulted in the loss of four lancers and the capture of nearly all the rest. The patriots are fast gaining ground, and will not recede until they succeed or -are exterminated. This place is garrisoned with five hundred regulars, the 24th Regiment, and the lancers, besides volunteers. Every person is thoroughly searched before he can leave the place.
" The steamboat which lands the passengers from Buffalo is searched. They very much fear an eruption in this place, and for this reason every hotel is under giiard and every passenger searched by armed men."
The editor of the Lewiston Telegraph, a pronounced and ardent partisan of the revolutionary movements, furnished his readers on the same day with this account:
" An engagement took place last night at the Short Hills, Niagara District, U.C., between the patriots and a company of the Queen's Lancers . The Short Hills are thirteen miles from Niagara Falls and comprise a district of uneven surface, covered with thick woods and swamps, and admirably adapted to that species of warfare that the
12 ONTARIO HISTORICAL SOCIETY.
patriots appear to have adopted. It is inhabited by men of a deter- mined character and liberal principles and we have long expected an outbreak in that quarter.
"A company of the Queen's Lancers were sent into that quarter a week ago to put down any demonstration of patriotism. This morn- in» at ten o'clock an express arrived at Niagara, who stated that the WHOLE COMPANY had been surprised and after the loss killed, «all who survived were taken prisoners.
" The report was at first doubted and a gentleman of the highest respectability went over to Queenston to ascertain the truth. Captain Palmer, the Commandant at that place, admitted that there had been a skirmish between ten of the lancers and two hundred patriots, in which the former lost their horses and equipments and were all taken prisoners, but were afterwards released.
" The leader of the patriots is said to be Samuel Chandler.
" We believe the whole company of lancers have been taken pris- oners and are still retained as such. Philip Bender was the only man who escaped, and he was wounded in the leg. McLeod is supposed to be one of the patriot leaders and Samuel C. Frey is also supposed to be among them. For the last ten days the Canadian refugees have been returning by night in small parties, and we have understood their rendezvous to be in the Short Hills.
" This morning 110 regulars and some volunteers were ordered from Chippawa and Drummondville into that district, but as the patriots have now commenced the war, the woods are alive with them and the regulars will probably be all cut to pieces within twenty-four hours."
The Daily Buffalonian, another enthusiastic supporter of the " patriot " movement, announced a few days later that :
" The war in Canada will soon commence in earnest. There is little doubt that the whole London District is in arms. We predicted this when Lount and Matthews fell. That event produced a change in the feelings of the people of Canada, at which the Loyalists trembled. Thousands who before had been moderate or constitutional reformers then became radicals of the deepest dye.
" The silent preparations for the movement have been going on for three months. Arms have been collected and buried at different points, both in Canada and the United States. Several thousands of Cana- dians on either side of the line have signed the oath of freedom."
These extravagant expectations were, however, doomed to speedy and complete disappointment. The prompt advance of another detach-
THE INSURRECTION IN THE SHORT HILLS IN 1838. 13
anent of the lancers, acting in conjunction with several companies of the Second Lincoln Militia .and a troop of local dragoons, upon the 21st of June, caused the insurgents to abandon their camp and disperse in great haste. Several prisoners were taken, among them Samuel Chandler, who was captured single-handed by Cornet Heath of the lancers, while on his way to purchase provisions. He was formidably armed and on his person was found one of the proclamations of June 7th, announcing the capture of Forts George and Missassauga. Lieut. - Colonel Rorback's letter describing the movements of his regiment has never been published.
" STAMFORD, 23rd June, 1838.
" SIB, — On hearing the report of the attack on the men stationed at St. John's, I felt it my duty to wait on you to receive instructions relative to the muster of the men of the 2nd Lincoln Militia for duty should you deem it necessary, and to endeavor to obtain an order for arms. As you directed me to give such directions as might be requi- site, I ordered out four companies of the regiment, stationed since on the line between Queenston and Chippawa, and at the different cross roads, and went myself to St. John's, taking Captain McMicking, Cap- tain and Adjutant Gordon, and 44 dragoons, where we remained the night of the 21st, having piquets out in different directions and also a patrol of six dragoons the whole night. Yesterday we proceeded to Rice's, at the Short Hills, near which I met Captain Hepburne with his company, who came to meet me there, as also Captain Bradshaw and his company and some volunteers. We then proceeded on the Canboro road, about four miles, with sixty mounted men and the infantry, about sixty. We took >a cross road, about two miles, to where it was said was the encampment of the rebels. I then extended the two companies and went through the bush, directing the cavalry to keep a good lookout at the different cross roads and meet us at Rice's. We made no discovery on going through there, but on coming out got infor- mation of another place. We then proceeded to the cross roads and divided. I went to where I had information of some of the arms, etc., taken from our men at St. John's, placing the other party under charge of Captain Gordon, to proceed to the other encampment ground, where they made such discoveries as I presume he reported to you. We then went through the Short Hills generally and returned again to St. John's at 5 o'clock, where we found all quiet.
" The company under command of Captain Amos Bradshaw pro- ceeded from Rice's to Misener's Bridge, on the Chippawa River, for
14 ONTAK10 HISTORICAL SOCIETY.
the purpose of cutting off the communication between the rebels and the Short Hills. The company under the command of Lieut. John Thomp- son were ordered to remain at Rice's until the morning.
" It gives me much satisfaction to state to you that the whole of the officers and men behaved in the most orderly manner and seemed determined to do their duty.
I have the honor to be,
Sir, etc., etc.,
A. RORBACK,
Lt.-CoL 2d Lincoln:'*
COLONEL TOWNSEND,
Commanding the Niagara Frontier, etc., etc.
The systematic way in which all roads leading to the frontier were guarded and the woods scoured in the vicinity of their late encamp- ment, convinced the insurgents that there was little prospect of escap- ing across the Niagara and most of them fled westward, with the intention of reassembling at Sloat's tavern, fourteen miles from Ham- ilton, on the road to Grand River, with the purpose of entering the London District, in the hope of inciting a rising there. This news reached Hamilton on the morning of Sunday, the 24th, when Colonel Allan MacNab instantly ordered out four militia regiments from the Gore District, the 3d Gore, the Beverley regiment, the Queen's Own and the Queen's Rangers, to intercept them. Finding their retreat in that direction cut off, many of them turned back and were captured in detail. Sir George Arthur at once issued a proclamation forbidding all persons from leaving or entering the Province, unless provided with passports, and offered a reward of £250 for the apprehension of Morrow, who was soon after given up to the militia by a Scotch farmer, whojxmnd him hiding in the woods. Miller, Wait, Beemer, McLeod and McNulty, were all taken. Six of the insurgents were captured by the Gainsborough militia and some were even found lurk- ing on Gull Island, in Mohawk Bay, near the mouth of Grand River, in the vain hope of getting across Lake Erie. In all, thirty-one per- sons, including two women, were arrested. Dr. J. T. Wilson was the only person of consequence who escaped. In Wait's possession was found a flag with two stars and the word " Liberty " embroidered upon it. Morrow had some maps and plans, and letters were taken, reveal- ing the existence of a widespread plot.
* Canadian Archives, Series C, Vol. 610, p. 201.
THE INSURRECTION IN THE SHORT HILLS IN 1838. 15
The Daily Buffalonian, of July 2nd, relates that :
" The most extensive conspiracy ;has been going forward for the last three months, from one end of Canada to the other, from the Thousand Islands, the Pirate Johnson's fastnesses1, to Maiden. Lines of secret posts have been run and until the skirmish at the Short Hills all was secret. Papers were taken there which let the matter out. The general movement was to (have been on the Fourth."
The exasperation of the refugees and their sympathizers in the United States at the mass of the Canadian population, because they refused to be drawn into a revolutionary movement, knew no bounds. The editor of the Lewiston Telegraph, in relating the arrest of Morrow,, vented his disappointment in these terms:
" Brave and chivalrous himself, he believed the Canadians would rally to the standard the moment it was raised, but he was doomed, and we hope it will be a lesson to Americans not to embark in any similar enterprise for the assistance of that cowardly people. They have shown themselves an inert, stupid mass, without & spark of the fire of seventy-six. A people whom neither the murder of their leaders, the imprisonment of their friends, the loss of their property or the tyran- nical acts of a foreign despotism can arouse to resistance, deserve to be slaves, and sympathy and assistance for such a people is utterly thrown away. There are some to whom these remarks do not apply, some who would gladly peril everything for the redemption of their country, but the great mass of the people, who alone can effect a revolution, are stupid and indifferent."
Morrow seems to have maintained a thoroughly defiant attitude for some time .after being taken. It is related that on being conducted through Queenston on his way to Niagara gaol, he was offered a glass of wine, which he accepted, and proposed the toast " May Oaniada never become quiet until the American eagle floats on the Heights of Queenston."
Three of the prisoners, Doan, Hart and Simpson, were admitted as Queen's evidence, and Morrow, Wait, and Chandler were tried at Niagara before Justice Jones, on July 21st. They were convicted and sentenced to be hung on the 30th. Wait and Chandler were recommended for mercy by the jury, the latter particularly, because of " his previous good character and his good feeling and humanity towards his neighbors," and from consideration for his large family. Morrow was duly executed on the day named, but the other two were respited and their sentence was ultimately commuted to one of trans-
16 ONTARIO HISTORICAL SOCIETY.
portation for life. George Cooley, of New York, was tried and con- victed on the day of Morrow's execution, and upon the 1st, 2d and 3d of August Linus Wilson Miller, of New York; William Reynolds, of Pennsylvania; Gorman Mallory, of Chicago, and James Gemmill, John Grant, Murdoch McFadden, John James Mc^ulty, Alexander McLeod, David Taylor James Waggoner, Garret Van Camp, John Vernon, George Buck, Jacob Beemer, Erastus Warren and John W. Brown, British subjects by birth or naturalization, were put upon trial. Reynolds, Mallory and Warren pleaded guilty and prayed for mercy. Miller's .attorney set up a plea of insanity on behalf of his client, but all were convicted and sentenced to death on the 25th of August. The jury strongly recommended Miller and others for mercy on account of their youth. Miller was only twenty years of age, Reynolds and Buck were eighteen, McFadden but seventeen. Several prisoners were then acquitted. Petitions for clemency for the condemned men were signed by Alexander Hamilton, Sheriff of the Niagara District, and other influential residents of the vicinity, as well as by many inhabi- tants of the State of New York. The wives of Wait and Chandler made a personal and effective appeal to Lord Durham, who instantly instructed Sir George Arthur to respite all the prisoners under sen- tence and send him a full report of their cases, at the same time call- ing his attention to a despatch from Lord Glenelg, the Colonial Sec- retary, dated the 21st of April, 1838, announcing " the earnest desire of the Government that the utmost lenity compatible with public safety should be exercised towards the insurgents. " In reply, Arthur recommended that the worst offender among the British subjects should be executed and the remainder transported or confined in "tihe (peni- tentiary for a term of years. The Governor-General declined to concur, and reiterated his request for a report, with full information. Accordingly, on the 27th and 28th of August, Arthur convened the Executive Council, of whom Robert Baldwin Sullivan, William Allan, Augustus Baldwin and William Henry Draper attended. They reaffirmed their previous opinion that " prompt and exemplary punish- ment of the criminals implicated in the late excursion is necessary for the public safety," and recommended that Jacob Beemer should be exe- cuted, that Samuel Chandler, Benjamin Wait and Alexander McLeod should be transported for life, and that Erastus Warren should be com- mitted to the penitentiary for fourteen years, and John W. Brown for three years. The Council declined to recommend any of these prisoners for unconditional pardon, and stated " their opinion that the punish- ment of all these criminals is essentially necessary for the preservation
THE INSURRECTION IN THE SHORT HILLS IN 1838. 17
of the colony and for the purpose of deterring those inclined to enmity with the Province from further reiteration of hostile attempts against it." In respect to Beemer, however, the Governor-General overruled the recommendation of the Executive Council and commuted his sen- tence to transportation for life.
ILLUSTRATIVE DOCUMENTS. Hon. W. H. Draper to James Cummings, at Chippawa.
HAMILTON, 4th March, 1838.
MY DEAB SIR, — I have heard that you are conducting an inquiry into the conduct and proceedings of some of the people of Pelham, who are suspected of being no better than they ought to be. The enclosed papers may be useful to you. They were taken among those of McKenzie after our skirmish at Montgomery's on the 7th Dec. last.
Be careful of them and return them at some convenient opportunity.
(From original letter in my possession.)
Proclamation by His Excellency Sir George Arthur, Knight Com- mander of the Royal Hanoverian Guelphic Order, Lieutenant- Governor of the Province of Upper Canada, Major-General Commanding Her Majesty's Forces therein, etc., etc.
Whereas, on the morning of the 21st of the present month of June a large body of armed men assembled in the Township of Pelham in the Niagara District and attacked and plundered a house in that neigh- borhood of a large sum of money and other property and fired upon and overpowered a small detachment of the embodied militia there stationed.
And whereas, information has been received by me that certain evil-disposed persons connected with the brigands who have of late molested and disturbed the peace of the American and British fron- tiers have crossed the Niagara Kiver and lurk and secrete themselves in parts of the District of Niagara with the knowledge and conniv- ance of some of the disaffected resident inhabitants.
And whereas, it is necessary for the peace and security of the Dis- trict of Niagara that the ingress and egress of idle and evil-minded 2
18 ONTARIO HISTORICAL SOCIETY.
persons should be restrained and prevented .and that the perpetrators of the above outrage should be brought to condign punishment.
I do therefore strictly order and command all officers, magistrates, and others whom it may concern, that no person should be permitted to land upon or leave the shore on the British side of the Niagara River coming from or going to the United States territory, unless he can give a full and reasonable account of himself and show that he is coming or going in the prosecution of his lawful affairs and business, which person shall be furnished with a passport to secure him from further hindrance or molestation.
And I do hereby earnestly call upon all magistrates, officers, and other loyal subjects of the Queen for their best and united exertions in restoring the peace and tranquillity of the Province, in the prevention of crime and disorder and in the apprehension of the guilty, and I assure them of every support and assistance which may be required for these purposes to the utmost extent of the civil and military power which Her Majesty has been pleased to place in my hands.
Given under my hand and seal at arms at Toronto this 22nd day of June in the year of our Lord 1838, of Her Majesty's reign the second.
By command of His Excellency,
GEO. ARTHUR. 0. A. HAGERMAN, Atty.-Gen.
D. CAMERON, Secy. (From the Buffalo Daily Star, June 27th, 1838.)
PROCLAMATION. UPPER CANADA.
By His Excellency Sir George Arthur, Knight Commander of the Royal Hanoverian Guelphic Order, Lieutenant-Governor of the Province of Upper Canada, Major-General Commanding Her Majesty's Forces, therein.
Whereas, the body of armed rebels under the command of one JAMES MORREAU who, on the morning of the 21st of this present month, attacked a small advanced post of the Queen's Lancers by whom they were most gallantly resisted, have already fled from the Militia Forces sent m pursuit of them and are seeking to escape the consequences of
THE INSURRECTION IN THE SHORT HILLS IN 1838. 19
disturbing the peace and tranquillity of this Province and of their infatuated and futile attempt to subvert our institutions.
And whereas, these parties have held out expectations of aid and reinforcements from the inhabitants of the United States, not reflect- ing that there are thousands of British-born subjects who, though emi- grants to that country, preserve their attachment to their native land and to their sovereign and who are ready, should occasion require them, to rush forward to support the Government and put down any insur- rection here.
And whereas, some of these insurgents have already been taken and from the arrangements now made and from the spirit and zeal dis- played in their pursuit by the loyal inhabitants of the country, their escape is rendered almost impossible.
And whereas, there is reason to fear that some persons through ignorance and others from disaffection may .harbor, conceal, or assist these fugitives in their endeavors to escape from justice,
Now, I do hereby offer a reward of FIVE HUNDRED POUNDS to any person or persons who shall apprehend the said JAMES MORREAU and cause him to be brought to justice, and a free pardon will be given to any of his followers, not being ringleaders or having committed any murder, who shall arrest and deliver up the said James Morreau.
And I do caution all persons not to harbor, conceal, or in any manner to assist these rebels and fugitives, since by so doing they will commit a high crime involving consequences of the most severe and penal character.
And I do further express my warmest thanks and acknowledgments to Her Majesty's loyal and faithful subjects whose exertions against these criminals have rendered their efforts vain and have compelled them to flight and dispersion, hereby assuring them that I am using every power at my command for their safeguard and protection and for the bringing to immediate justice the invaders of their country.
Given under my hand and seal at arms at Drummondville this twenty-third day of June in the year of our Lord one thousand eight hundred and thirty-eight and of Her Majesty's reign, the second.
, GEORGE ARTHUR.
By His Excellency's command,
W. H. DRAPER, Solicitor-General. Printed by T. Sewell, Reporter office, Niagara. (From handbill in possession of the Niagara Historical Society.)
20 ONTARIO HISTORICAL SOCIETY.
CONFIDENTIAL CIRCULAR.
GOVERNMENT HOUSE, 20th June, 1838.
SIR, — In consequence of the various and often contradictory reports of assemblages and meetings of disaffected and evil-disposed persons within the Province, acting in supposed concert with refugees and vagabond foreigners beyond its limits, it has occurred to the Lieutenant-Governor that the sheriffs in their several districts may have it in their power by the exercise of due activity and discretion to obtain extensive and correct information on this subject which might be of great use to the Government.
I am therefore commanded by His Excellency to request that you will, by means of your deputies and by communication with such loyal subjects within your district as you may see fit to consult with, en- deavor to gain correct intelligence of any seditious and traitorous pro- jects or designs which may be agitated or discussed by ill-disposed individuals and that from time to time, as occasion may warrant you, report thereupon to me for His Excellency's information.
I beg to add that the Lt. -Governor anticipates very great advantage from your exertions at the present moment.
I have the honor to be, Sir,
Your obedient servant,
JOHN MACAULEY. To the Sheriff of the Niagara District.
Circular letter from Alexander Hamilton, Sheriff of the Niagara District, to certain Magistrates of that District.
QUEENSTON, 27th June, 1-838.
SIR, — In furtherance of the within communication from the Gov- ernment House, I take the liberty of calling upon you to assist me in carrying into effect the views of the Lt.^Governor therein expressed and have to request that you will take every means in your power to discover any such traitorous correspondences or meetings in your vicinity and take such measures in conjunction with any other magis- trate or magistrates as you may deem meet or as circumstances may warrant, immediately reporting to me what may have been done.
L would also observe that your assistance is particularly requested
THE INSURRECTION IN THE SHORT HILLS IN 1838. 21
in discovering and apprehending any persons who may have been engaged in the late insurrection at St. John's either directly or indi- rectly by furnishing the insurgents with provisions, arms, etc., or aid- ing or abetting them in any way ; at the same time I would recommend that great caution may be used in the apprehension of any person without direct or at least very strong presumptive proof of their guilt being adduced.
I note below the names of other magistrates to whom I have also written that all may act in concert as also with the commanding officer of the station in your respective neighborhoods to whom the produc- tion of this will be a sufficient authority for furnishing such military assistance as may be required.
ALEXANDER HAMILTON,
Sheriff.
P.S. — Please acknowledge receipt of this by return mail communi- cating with me by the same channel once or twice a week while the present excitement prevails.
George Rykert, Esq., St. Catharines. Henry Nelles, Esq., Grimsby. David Thompson, Esq., York.
A. S. St. John, Esq., Dunnville.
B. Tench, Esq., Port Colborne. J. Johnston, Esq., Humberstone. William Smith, Esq., Fort Erie. James Cummings, Esq., Chippawa. John Davis, Esq., St. John's.
Duncan McFarland, Esq., Port Robinson.
\
The Toronto Patriot of July 2nd, 1838, contains a list of twenty- four persons taken at or near the Short Hills and sent to that city.
From Connecticut. i
Samuel Chandler, aged 48, wagonmaker.
From Pennsylvania.
James Morreau, aged 38, tanner. William Reynolds, aged 18, saddler.
ONTARIO HISTORICAL SOCIBTY.
From New York.
Garret Van Camp, aged 28, laborer. Linus W. Miller, aged 20, student^at-law. George Cooley, aged 29, farmer. Norman Mallory, aged 23, laborer. Loren Hedger, aged 27, blacksmith. Solomon Kemp, aged 37, shoemaker.
From Scotland.
George Buck, aged 18, farmer. James Gemmill, aged 22, laborer. Murdoch McFadden, aged 19, farmer.
Canadians.
Freeman Brady, aged 21, farmer. Robert Kelly, aged 30, blacksmith. Ebenezer Kice, aged 48, innkeeper. David Taylor, aged 24, farmer. Abraham Clarke, aged 33, blacksmith. John J. MclSTulty, aged 30, carpenter. John Grant, aged 34, wheelwright. Street Chase, aged 33, wagonmaker. James Waggoner, aged 38, farmer. Edward Seymour, aged 26, laborer. Alexander MoLeod. Benjamin Wait.
Hon. W. H. Draper to James Cummings at Chippawa.
TORONTO, 14th July, 1838.
MY DEAR SIR, — As the court for the trial of the Short Hills pris- oners opens on Wednesday I am anxious to save time by having the witnesses ready on the first day. Will you do me the favor to request the officer in command to direct the attendance of Cornet Heath, Ser- geant Bailey and such of the Lancers as have been used as witnesses in the affair already ? Also two of the magistrates taking the examin- ation should be in attendance. Such other witnesess as may be within your reach should be notified. And if Hart and Warren are in a con- dition to admit of their being removed they should be sent down in
THE INSURRECTION IN THE SHORT HILLS IN 1838. 23
custody to Niagara gaol. You can send a mittimus founded on their own examinations.
I shall endeavor to have the indictment ready on the first day to go before the grand jury.
(From original letter in my possession.)
Hon. W. H. Draper to James Cummings at Chippawa.
TORONTO, 27th July, 1838.
MY DEAR SIR, — May I beg you will see that the rifle, etc., taken from Benjamin Wait are brought down on Wednesday. I shall also require the presence of Kichard Savage and generally of all the wit- nesses in the different cases. Any steps you can take to ensure their punctual attendance will greatly facilitate the proceedings.
Morrow's execution will take place on Monday and I have no doubt the example will be beneficial. I sincerely hope it may prevent a recurrence of these mad attempts and give peace to the country. Most sincerely do I trust that we shall not have any more prisoners to take for new offences but that the punishment of those now in custody will be the last that will be necessary.
(From original letter in my possession.)
Brooke Young to James Cummings.
CTJLDAFF COTTAGE, GUELPH,
12th Nov., 1838. (Extract.)
You have been misinformed in the statement that " the property of James Brown was left in my office at the Ontario House during the examination of the Short Hills prisoners." It was a considerable time previous to the attack upon the Lancers that James Brown was appre- hended at the Ferry in the act of smuggling across to this side the rifle-barrels, etc., which you have detailed in your letter. He was brought up to Colonel Townsend and the articles taken from him in my presence, and he was distinctly told by Colonel Townsend that they should not be restored to him again as there was but little doubt from his ascertained character and the illegality and suspicious nature of the whole transaction that the implements were intended to be manu- factured by him into arms for the use of the banditti then known to be collecting in the immediate vicinity of Brown's residence.
(From original letter in my possession.)
IL
THE HAMILTONS OF QUEENSTON, KINGSTON AND
HAMILTON.
BY H. F. GARDINEB, BRANTFOBD.
(Read at the Annual Meeting of the O. H. S. at Niagara-on-the-Lake, June 8th, 1905.)
A prominent man in Queenston a century ago was Hon. Eobert Hamilton, descended from Alexander Hamilton, of Silverton Hill, whose brother James, of Cadyow, having been created a Lord of Par- liament 28th June, 1445, married Mary, eldest daughter of James the Second, King of Scotland, and became the ancestor, through his daugh- ter Elizabeth, of Henry Stuart, Earl of Darnley, husband of Mary Queen of Scots, and through his son James, Earl of Arran, the ancestor of the Dukes of Hamilton and Abercorn. The brothers, James and Alexander Hamilton, traced their origin to Gilbert de Hameldun, whose name occurs in the Chartulary of Paisley, 1272, and who was the father of
Walter, who swore fealty to King Edward I. of England, 1292, -and had two sons,
1. David, ancestor of the Dukes of Hamilton.
2. John, ancestor of the Earls of Haddington.
Fifth in descent from David were Sir James of Cadyow and Alex- ander of Silverton Hill, above mentioned.
Tenth in descent from Alexander Hamilton of Silverton Hill was John Hamilton, Minister of Bolton, born 1714, died 1797, who mar- ried 'Jane Wright, and had by her three sons and one daughter.
The eldest son of the Minister of Bolton was Hon. Kobert Hamil- ton, of Queenston, Upper Canada, who died in 1809. He is described as a merchant of Niagara, a member of the Land Board at that place, a member of the first Executive Council of Upper Canada in 1791, and first Judge of the District of Nassau, which extended from the River Trent on Bay Quinte to Long Point on Lake Erie. During the American Revolution Mr. Hamilton, in partnership with Richard Cartwright, established a store on Carlton Island, near the military post which was known as Fort Haldimand, and carried on an extensive trade with the Indians. Soon after the close of the war Mr. Hamilton
24
THE HAMILTONS OF QUEENSTON, KINGSTON AND HAMILTON. 25
removed to Queenston, and was appointed one of the local judges, having Lieut. -Colonel John Butler as his colleague on the bench.
Captain Patrick Campbell, who visited Niagara in December, 1790, wrote : " Mr. Robert Hamilton, a gentleman of the first rank and property in the neighborhood, and one of the Governor's Council, came also to wait on me and invite me to his house, an honor I readily embraced. He and Mrs. Hamilton were so very obliging as to go along with me in their oak sled to see the grand Falls of Niagara."
When the Duke of Kent, grandfather of our present King, visited Niagara Falls in 1791, he and his party lunched at Mr. Hamilton's on their way back.
The Due de la Rochefoucault-Liancourt wrote in 1795 : " Mr. Hamilton, an opulent merchant, who is concerned in the whole inland trade of this part of America, possesses in Queen's Town a very fine house, built in the English style ; he has also a farm, a distillery and a tan-yard. This merchant bears an excellent character ; he is at present in England."
The following entry is found in Mrs. Simcoe's diary, dated -at Niagara, 30th July, 1792 : " We stopped and breakfasted at Mr. Ham- ilton's, a merchant who lives two miles from here at the landing, where the cargoes going to Detroit are landed and sent nine miles to Fort Chippewa. Mr. Hamilton has <a very good stone house, the back rooms looking on the river. A gallery, the length of the house, is a delight- ful covered walk, both below and above, in all weather."
J. Roes Robertson writes : " Hamilton built a large stone residence at Queenston, a brewery and a warehouse. In 1791 he was appointed "a member of the Legislative Council, an office he retained until his death. For some time he distinguished himself, in connection with Mr. Cartwright, his old partner, also a member, by opposing Govern- ment measures, thereby incurring Lieut. -Governor Simcoe's lively dis- pleasure. In one of the Governor's despatches he denounces Hamilton as an avowed Republican, but when it was hinted that certain privileges would be taken away from them, the opposition ceased. Governor Simcoe acknowledged that he had received much valuable information respecting the commerce of the country, and particularly the Indian trade of the far West, from Mr. Hamilton."
John Radenhurst, who was chief clerk in the office of the Surveyor- General for many years, states, in his evidence taken before Lord Durham's Commission in 1838, that the general price paid by specu- lators for the two-hundred-acre lots granted to the sons and daughters of U. E. Loyalists was from a gallon of rum up to perhaps six pounds,
26 ONTARIO HISTORICAL SOCIETY.
and he mentions Hon. Kobert Hamilton as among the largest pur- chasers of these lands. Mr. Hamilton's acquisitions amounted to about one hundred thousand acres.
Dr. William Canniff says, in his " Settlement of Upper Canada," page 335, that when Governor Simcoe's scheme for the promotion of higher education was under consideration the Hon. Robert Hamilton, of Queenston, had a brother living in Scotland, and it was through him that an offer was made first to the celebrated Dr. Chalmers. Not desir- ing to come, he mentioned the name of his friend Strachan, to whom the offer was then made. Mr. Strachan decided to come. Thus it was the veteran school teacher, the divine, the founder of universities was led to Canada to become the occupant of one of the most conspicuous places in the Province of Upper Canada. He arrived at Kingston the last day of the^year 1T99, haying been over four months on the way, but when Strachan arrived Simcoe had been recalled, and his scheme was at least in abeyance. A school was established at Kingston in 1800 by the Hon. R. Cartwright for his sons, having Mr. Strachan for teacher, and among the other pupils were two sons of Hon. Robert Hamilton, James and Samuel.
Hon. Robert Hamilton married, first, Mrs. Robertson, and sec- ondly, Mrs. Catharine McLean, in whose honor the name of the Village of Shipman's Corners was changed to St. Catharines in 1809. (See Biography of Hon. W. H. Merritt, page 49.) By his first wife he had five sons,
1. Robert, who married Mary Biggar and died in 1856, leaving issue.
2. /George, of whom hereafter.
3. James, who married Catharine Warren, and had a son Henry and a daughter Catherine.
4. Alexander, who married Hannah Owen Jarvis, and died in 1839, leaving issue.
5. Samuel.
By his second wife Hon. Robert Hamilton had three sons and one daughter.
6. Joseph.
n. Peter Hunter, of whom hereafter.
8. John, of whom hereafter.
9. Mary.
I THE HAMILTONS OF QUEKNSTON, KINGSTON AND HAMILTON. 27
George Hamilton, who died in 1836, married Maria Lavinia Jarvis, who was born 31st December, 1788, and died 13th May, 1829. She was the eldest daughter of William Jarvis, Provincial Secretary of Upper Canada under Governor Simcoe/born 1756, died 1817, a native of Stamford, Connecticut, the fifth son of Samuel Jarvis and his wife Martha Seymour. William Jarvis rose from Ensign to Colonel in the Queen's Rangers, or First American Regiment, that commanded by John Graves Simcoe. He married December 12th, 1785, Miss Hannah Owen Peters, daughter of Dr. Peters, an Epis- copal clergyman of Hebron, Conn. The children of George Hamilton were:
1. Robert Jarvis, born 1812, died 1892.
2. Catharine Hannah.
3. Samuel Askin.
4. Maria, who married W. H. Fitzgerald and had issue.
5. George.
6. Augusta Hannah.
7. Catharine, who married Samuel Black Freeman and had issue.
8. Caroline Augusta, who married Alfred Boultbee and had issue.
A paper written by one of George Hamilton's granddaughters states that when the war of 1812 broke out he was living at Magara-on- the-Lake with his wife, and deeming the frontier town an unsafe place of residence, they moved to the head of Lake Ontario. " The young mother, with her baby boy (Robert 'Jarvis Hamilton) in her arms, rode on horseback all through the bridle paths, till they reached the haven of refuge on the mountain side above the beautiful waters of Burlington Bay, and on the spot now occupied by the handsome resi- dence of Samuel Barker, Esq. (M.P.), the young couple built their log house, a house long famed for its generous hospitality, where even the red men of the forest were welcome guests. George Hamilton was what we would call to-day a public-spirited man, and took a deep interest in those about him. He laid out a number of streets in the town and presented to that corporation the Court House Square, the Wood Market (on John street), and our pretty little Gore Park on King street. He was for a number of years the Treasurer of the Coun- ties of Wentworth and Halton and took an active part in the politics of the day, being for a long period a member of the Parliament of Upper Canada. He served in the militia in the war of 1812, holding J;he rank of Captain."
28 ONTARIO HISTORICAL SOCIETY.
The reference to the log house is a bit of poetic license. Mr. Durand occupied a house on that site before Mr. Hamilton's arrival.
Charles Durand, who was born in that house in 1811, and who
knew Mr. Hamilton well, writes: " ]STo account of the early settlers of
Hamilton would be complete without the mention of George Hamilton,
who for over a quarter of a century was the best known man in
_ Hamilton."
His townspeople have not been unmindful of -his services. In Hamilton cemetery, that beautiful City of the Dead, situated where Harvey and Vincent had their camp on Burlington Heights when the decisive battle of Stoney Creek was fought, June 5th, 1813, there stands in the vicinity of the chapel a handsome monument of polished granite, erected to his memory in 1894 by the Corporation of the City of Ham- ilton. What his descendants love best to remember of him was his kindness to the poor and needy. No suppliant was ever turned from his door. The late Major Glasgow told the following story about him :
" In the year 1832 a party of immigrants sailed slowly up the Bay, tired and worn by their long voyage from the Old Land and longing to set their feet once more on the green grass, dreading a longer stay on their infected vessel, for the deadly cholera had sadly thinned their numbers ; but as they near the desired haven a new difficulty confronts them. A crowd of townspeople opposed their landing for fear of the dreadful scourge. In this dilemma, a Christian gentleman stepped forth with, ( Friends, we cannot leave these women and children cooped up in yonder boat to die ; let us go to work and build them a shelter, and supply their necessities.' That man was George Hamilton. Many hands made light work, and temporary houses were soon erected for the grateful strangers."
George Hamilton had not been long the owner of property in Barton Township before the Gore District was formed, with the Town of Hamilton as its capital. His own residence was close to the base of _ the " Mountain," on what is now called John street. Then the high- way from Niagara to Ancaster followed the line of King street (called the Eidge Eoad, because it kept to the driest ground) and thence along John street up the Mountain. There was a road allowance, but no road, on James street. The first village lots sold by Mr. Hamilton were on John street, south of King. They belonged to farm lot No. 14, 3rd concession of Barton Township.
The writer has seen a memorandum, in George Hamilton's hand- writing, relating to the transfers and titles of the property he acquired
THE HAMILTONS OF QUEENSTON, KINGSTON AND HAMILTON. 29
on the site of the present City of Hamilton, from which the following items (without the explanatory notes) are taken:
" Transfer part Lot 11, 4th concession, Barton, 24 acres, 2 roods, 14 perches, John Wedge to James Durand, dower barred, not registered, wife not party." (John Wedge patented 200 acres on the Mountain, south of the Land and Aikman properties, the patents being dated May 17, 1802.)
" Transfer of Lot No. 12, 4th concession, Barton, 100 acres land, Philip and Ann Kribbs to James Durand, dower barred, registered, King's deed wanted."
" King's deed for Lot No. 14, 3rd concession, Barton, 100 acres, to Daniel Springer." (That is the farm bounded by the following streets in Hamilton: Main, James, Aberdeen avenue and the line Mary street would cover if it were extended south of King street to the Mountain.)
" Transfer of Lot No. 14, 3rd concession, no receipt, Daniel Springer to John Springer, registered, dower not barred, wife not party except signature." (The Crown patent for Lot No. 14, 3rd concession, to Daniel Springer, is dated May 17, 1802.)
" Transfer of part Lot No. 14, 27 acres, no receipt, John Springer to Thomas Dexter." (It would appear as if this land was transferred from owner to owner before the issue of the Crown patent, for " The History of Barton Lodge " says, page 127, that " meetings were held at Brother Aikman'8 until the 12th of March, 1802, at which time the lodge was removed to the house of Brother Dexter, at the forks made by the old road, which turns to the right shortly after the ascent of the Mountain is begun, and the new road, which turns to the left." Robertson's " History of Freemasonry " says, page 665, that the house of Mr. Dexter was on the site of Barker's residence, on upper John street, Hamilton.)
17 Transfer of part Lot No. 14, 3rd concession, Barton, 27 acres, Thomas Dexter to James Durand."
" Transfer of the above lots of land (and others not here men- tioned), in all 257 acres, 2 roods, 14 perches, James Durand to George Hamilton, not registered, wife not party, nor dower barred." (It would appear that Hamilton bought out all Durand's belongings in that neighborhood.)
30 ONTARIO HISTORICAL SOCIETY.
Samuel Barker, Esq., M.P., lias kindly supplied the following abstract from the papers in his possession :
Lot 14, 3rd concession, Barton, 100 acres.
1. The Crown to Daniel Springer, 17th May, 1802.
Daniel Springer, son of a U. E. Loyalist, was grantee of the Crown of 100 acres, being Lot No. 14, 3rd concession, Barton, then in the County of Lincoln, later in the County of Wentworth.
2. Daniel Springer to John Springer, 2nd April, 1803. Daniel Springer, of Delaware, London District, to John Springer,
of Barton, County of Lincoln, in consideration of £50, grants and conveys 100 acres, more or less, composed of Lot 14, in the 3rd con- cession of Barton.
] . !
3. John Springer to Thomas Dexter, 10th November, 1803, two portions of Lot 14.
John_Springer, of Barton, husbandman, to Thomas Dexter, of Barton, innkeeper, in consideration of £120, grants two parcels of land, part of the 100-acre lot 14, in the 3rd concession of Barton.
First parcel, 13 ac., lr., 5p., more or less, commencing at a post marked E S over T S planted at the foot of the Mountain and about fifty links on the east side of the old road leading to Niagara, thence
to the corner of the said Thomas Dexter's fence, near his
dwelling house, etc.
Second parcel, 14 acres, more or less, beginning at a stake marked W W over T D, planted near «a white oak tree, about three rods north- erly of a cluster of basswood trees, growing on the western limits of the
said Lot 14, thence along the said to a post planted in the
western side of a spring run, which passes by the still house, thence to a stake in the lane passing by the said dwelling-house, etc.
4. Thomas Dexter to James Durand, 7th April, 1806, the same two portions of Lot 14.
Thomas Dexter, late of the Township of Barton, husbandman, to James Durand, of the Township of Woodhouse, County of Norfolk and District of London, merchant, in consideration of £312 10s., grants the same two parcels of land as mentioned above.
5. John Springer to James Durand, 28th Dec., 1803, 8 acres, part of Lot 14.
John Springer, of Barton, yeoman, to James Durand, of the
THE HAMILTONS OF QUEENSTON, KINGSTON AND HAMILTON. 31
Township of Stamford, County of Lincoln, merchant, in considera- tion of £40 5s., grants eight acres, etc.
6. John Springer to James Durand, 24th Jan., 1815, Lot 14, 3rd concession, Barton, in consideration of £1 5s. and of facts recited.
John Springer to James Durand, after reciting, " Whereas a deed of B and S for Lot No. 14, in the 3rd concession of Barton, in the District of Niagara, Province of Upper Canada, was entered into between me, J. S., of, etc., yeoman, and Sarah, my wife, of the one part, and James Durand, of the same place, gentleman, of the other part, the full consideration money for which parcel or tract of land I, the said John Springer, and Sarah, my wife, acknowledge to have received from the said J. D., and whereas in consequence of the state of warfare between Great Britain and the United States of America the deed from me, the said John Springer, and Sarah, my wife, to the said James Durand, for the said Lot No. 14, in the 3rd concession of the Township of Barton, is supposed to be lost and the office of enreg- istration destroyed, and I, the said John Springer, and Sarah, my wife, being called upon to secure the title of the said premises to the said James Durand, by reconveying the said premises," therefore, the said Springer and wife, in consideration of the further sum of 25 shillings, grant and confirm unto the said James Durand, his heirs and assigns forever, all that parcel (the land described and conveyed is the same as that in above memo). Note. — The destruction of the Lincoln County Registry Office during the war doubtless gave a deal of trouble to land-owners.
7. James Durand and Keziah, his wife, to George Hamilton, 25th January, 1815.
James Durand, of Barton, and wife, to George Hamilton, late of the town of Queenston, but now of Barton, gentleman, in considera- tion of £1,750, grant 257 acres, 2 roods, 14 perches, being composed of:
1st — 100 acres, being Lot 12 in 4th concession, Barton. (Philip Crips, or Kribbs, was patentee of Lots 12 and 13, 4th concession, Bar- ton, August 10th, 1801.)
2nd — 100 acres, being — here follows description of Lot 14 in 3rd concession, Barton, as above.
3rd — Also one other parcel, 19 acres, being part of Lot No. 13 in 3rd concession, Barton.
4th — Also part of Lot 11 in 4th concession, Barton.
32 ONTARIO HISTORICAL SOCIETY.
The records of the purchases by George Hamilton will give an idea of land values ninety years ago.
George Hamilton lived to see the village which he had founded become quite a flourishing and important town, doing a large trade with the interior in goods brought to the head of the lake by boat. On his death, Kobert Jarvis Hamilton became head of the family, married, first, Catharine Kobertson, and, secondly, Mary Wright. His children by his first wife were:
1. William, who married Mary Myles.
2. Catharine, who married Dr. Charles Donnelly.
3. Agnes, who married Charles Lemon.
4. Henry.
5. Jessie, who married Dr. 'James Alway.
The children by his second wife were :
6. George, who married Anna Hunter.
7. Maria, who married F. S. O'Connor.
8. Caroline.
9. John Harvey, who married Annie Farmer.
10. Jean Chalmers, who married Charles Wellesley Kicketts.
11. Augusta Mary.
12. May.
Robert Jarvis Hamilton was a prominent and influential citizen of Hamilton, but he did not, like his father, aspire to Parliamentary honors. George Hamilton represented Wentworth in the Upper Cana- dian Legislature from 1821 to 1830, when he was succeeded by Allan Napier MacNab.
Peter Hunter Hamilton, a half-brother of George, acquired Lot _ !No. 15 in the 3rd concession of Barton, which had been patented from the Crown by Lieut. Caleb Reynolds, March 19th, 1798. The pro- perty is now included by James, Main, Bay and Aberdeen Streets in the City of Hamilton. This farm was mortgaged to the Government as collateral security for a loan to the Desjardins Canal Company, in the thirties, and nearly seventy years later a cloud was cast upon the titles of a lot of valuable property, the loan having never been repaid. Peter H. Hamilton's, house was on the site of the residence of William Hendrie, senior, on Bold Street. He married, in 1824, Harriett Durand, daughter of James Durand, and sister of Charles Durand, Esq., barrister, who is still living in Toronto, aged .94. He had eleven children.
THE HAMILTONS OF QUEENSTON, KINGSTON AND HAMILTON. 33
A full brother of Peter Hunter Hamilton was Hon. John Hamil- ton, of Kingston, born at Queenston, 1802, died 1882. He was the youngest son of Hon. Robert Hamilton. After a short time at school at Queenston, he was sent to Edinburgh, where he received a classical training at the Academy. At the age of sixteen he was back in Canada. He served an apprenticeship in the wholesale warehouse of DeEiver, Blackwood & Co., Montreal, and returned to Queenston, where he entered upon the business of building and running steam- boats. He owned, though he did not build, the Frontenac, the first steamer that plied on the waters of Lake Ontario. The fare from Kingston to York (Toronto) was £3, with £1 more to Queenston, and an extra charge of five shillings was made for a dog. Mr. Hamilton built the Queenston, the Great Britain, the Lord Syderiham (which was the first large boat that ever ran the rapids), the Passport, Canada, Kingston, and Sovereign; and he chartered many others. For a long time he even made a determined fight against the Grand Trunk Rail- way, which became a competitor for the carrying trade of Upper Canada. John Hamilton also maintained a line of stage coaches. He was called to the Legislative Council in 1831, and served continuously in the Upper House for more than fifty years. In 1881 his colleagues in the Senate of Canada presented him with a complimentary address, which was read by Sir Alexander Campbell. He was chairman of the Board of Trustees of Queen's College from its incorporation in 1841 until his death. Senator Hamilton's figure was large and well knit; his countenance was marked by singular dignity and benevolence. Intelligence and refinement shone there, and were characteristic also of his manners and conversation. He married in early life Frances Pasia, daughter of David Macpherson, of Inverness, Scotland, by whom he had ten children, several of whom lived to occupy influential positions.
Thus we see that the history of the Canadian branch of the noble family of Hamilton began before the organization of Upper Canada as a separate province, and its members had much to do with the devel- opment and progress of the country. The living descendants of Hon. Robert Hamilton are very numerous, and at the meeting of the Ontario Historical Society in this place it is appropriate that a word should be spoken concerning them and their achievements.
III.
•THE PETinSTS. BY LIEUT.-COLONEL G. W. BRUCE, PBESIDENT HUBON INSTITUTE.
(Read at the Annual Meeting of the 0. H. S. at Colling wood, July 20th, 1906.)
Much of the scant material from which the story of the Petun Indians may be drawn has already been utilized by Mr. Connolly, Mr. Boyle, Dean Harris and others who have contributed to the Archaeo- logical Reports for Ontario. All, therefore, that I propose to do, in the present paper, is to give a short outline of the history and national life of the Tobacco Nation, compiled from the stray references of the Jesuit missionaries, the few essays of recent writers, and the traditions of the scattered remnants of the Petuns themselves, and of their suc- cessors in the Blue Mountain country, the Ojibways, verified by very incomplete explorations made on the ground where they had attained their highest civilization.
According to the earliest traditions of the Petuns, they came orig- inally from the region known to us as Ungava. They seem to have a hazy national sub-consciousness of long journeys by land and sea, and of intercourse with the little Arctic people, which may point to an early migration from the old world by way of the Aleutian Islands and Alaska. It was not, however, until the time of their residence in Ungava that, as part of the great Huron-Iroquois group of nations, they attained to anything like a settled national life. They called themselves, then and ever after, the Turtle People, and claimed descent from the great turtle on whose back Ataensic obtained a van- tage point from which to make the earth.
Long before the white man came to the continent, the whole group of nations had migrated southward and taken possession of the banks of the St. Lawrence. The Senecas occupied the South bank and the Island of Montreal; the Turtle People held the North bank, from the Ottawa to the Manicougan Eiver; while the closely allied Algonquin nations settled on either side of them — the Ottawas to the Westward, along the Ottawa River, and the Delewares to the Eastward, as far as the mouth of the St. Lawrence. Here the Turtle People were known as Tionontates or Kionontates, the name meaning " The waters rush- ing by," or " The country of the rushing waters." The Indians who met Cartier at Hochelaga were Senecas and Tionontates.
34
THE PETUNS. 35
Here they had dwelt together in peace for some hundreds of years, but soon after the visit of C artier trouble began. As sometimes hap- pens, «a woman was at the bottom of it. A Kiononta brave fell in love with a Seneca woman, and, as a slight token of his affection, murdered some Senecas against whom his sweetheart had a clan feud. This brought on a war which lasted for more than a generation and in- volved not only the Tionontates, but their allies, the Ottawas, as well. A few of the Tionontates, however, refused to take part in the quarrel and migrated westward to the Niagara Peninsula, whence they extended northward and westward, and were afterwards known as the Neutrals. The war went hard against the Northern allies, and first the Ottawas, and then a large part of the Tionontates were driven out. The Ottawas found a home in Northern Michigan; the Tionontates settled in the district between Lake Simcoe and Georgian Bay and became afterwards known as the Hurons. The remainder of the Tionontates carried on the war with varying success for many years, but at last, wearied of the strife, decided to join their kinsmen, the Neutrals. They crossed the river at Kingjston, and, following the southern shore of Lake Ontario, reached the Niagara River. Here they remained in peace for some length of time, for the Senecas, who 'had followed them, had found attractive hunting grounds on the banks of the Hudson Eiver. However, as these latter spread throughout the State of New York they began to press upon the Neutral country, and the Neutrals, true to their policy of peace, urged the Tionontates to move on. They therefore crossed the Niagara and travelled around the head of Lake Ontario eastward to Toronto, where they spent five or ten years of the greatest prosperity, and gave the name Toronto, or Land of Plenty, to their new home. They did not remain long unmo- lested. Their active foes across the lake soon compelled them to make another migration northward and westward, where they came in con- tact with the Hurons and Algonquins, from whom they finally wrested the eastern slopes of the Blue Mountains, in the present Counties of Grey and Simcoe.
After the war of conquest they lived at peace with their Huron and Algonquin neighbors and cultivated the arts of peace so assiduously that by the middle of the seventeenth century they had attained a much higher point of wealth, prosperity and civilization than iany of their kindred people. They found their new country particularly adapted for growing and curing tobacco and made this, after the raising of Indian corn, their chief industry. Hence, they became known to the Jesuit missionaries and to the Hurons as the Tobacco or Petun Nation.
When they came to the Mountains the Turtle People were divided
ONTARIO HISTORICAL SOCIETY.
into nine clans, or, more correctly speaking, gentes, taking their totems from the animals from whom they claimed descent, namely, the Big Turtle, the Little Turtle, the Mud Turtle, the Beaver and the Porcupine, which formed one division or brotherhood of clans; the Deer, the Bear, the Snake, and the Hawk, which formed another brotherhood; and the Wolf, which formed a brotherhood of itself, and bore the relation of cousinship with each of the others.
Marriages never took place between members of the same brother- hood, but a Turtle might marry a Wolf, or a Porcupine marry a Bear. The children were of the clan of their mother. As I have said, they all called themselves the Turtle People and the Turtle clans were con- sidered the most ancient and honorable of all. The head chiefship was originally held by the Turtles, but before the nation came to the St. Lawrence this distinction had passed to the Deer clan, who were by far the most populous and powerful of all the clans. The Wolf clan held the position of mediator or advisers between the others and took direction of affairs of state. They were the politicians and great exec- utive officers. The Deer People were the warriors of the nation par excellence, and with the Porcupines and Hawks bore the brunt of battle. The Bear clan were famous hunters and the Beavers claimed superiority as builders. Two other clans, the Striped Turtle and the Highland Turtle, afterwards grew out of the Big Turtle and Mud Turtle clans, respectively. A subdivision of the Deer family took the Snake as its totem and formed a new clan, thus bringing the total number of clans up to twelve. When the nation was on the move from one place to another they always moved under the direction of the Wolf clan and encamped in the form of a Turtle, the Wolfs reserving to themselves the place of the head of the Turtle, or the centre of the place of encampment, the others being arranged from right to left looking outwards in the following order — Big Turtle, Little Turtle, Mud Turtle, Bear, Beaver, Deer, Porcupine, Striped Turtle, High- land Turtle, Snake, Hawk. When they reached the Mountains the Wolfs, being directors, and at the same time good politicians, chose for themselves the valley where Creemore now rests and the slope of the hills which encircle it on the south, west and north. They assigned to the aristocratic Turtles the place of honor towards the south, the direction from which they had come, and laid out the tradi- tional encampment as much as possible in the shape of a Turtle, send- ing the Bear and the Beaver to the west and bringing the Deer and Porcupine round to their left flank, facing their most recent enemies, the Hurons.
The western clans, not finding the country allotted to them the
THE PETUNS. 37
most suitable, nearly all moved northwards and took up their encamp- ments along the shore of Georgian Bay amongst the Algonquin vil- lages, as far northwards as the Bruce Peninsula, thus gradually chang- ing the form of the national encampment from that of a turtle to that of a snake. Thereafter, in all their migrations they moved, as they said, " on the trail of the snake."
When they first settled on the Mountains, they were formed into villages according to their clans and naming the villages after the totem of the clan. In process of time, however, it is evident that through inter-marriages there would be perhaps as many of Turtle and Wolf clans in the Deer village as there would be of the Deer clan itself, and the name of the village, therefore, would be no indication of the clans residing within its limits — each village might have members of all the clans. At the head of each clan was a chief. He was, however, merely princeps inter pares, for all questions of importance were decided in village council, to which even the women were admitted. There was also a war chief appointed in council as occasion arose. In times of peace this position was assumed by the heir presumptive or probable successor of the clan chief, an arrangement which generally secured a smooth succession. A sort of national unity was attempted to be preserved by occasional conferences of all the chiefs, which were held at the headquarters of the Deer clan. But these conferences were probably nothing more than visits of ceremony, for there is no record or tradition of any national question being decided or even discussed at any of these conferences.*
At the time the Petuns became known to the Jesuit missionaries there were nine villages, to which the missionaries gave names as fol- lows: St. Pierre -and St. Paul, St. Simon and St. Jude, St. Andre, St. Jacques, St. Thomas, St. Jean, St. Jacques et St. Philippe, St. Bartholomew, St. Matthias. At the Wolf village at Creemore was established the Mission of St. Jean, called by the Hurons, Etherita, meaning, " the ever principal drying place." The slopes of the hills about Creemore were especially adapted to the curing of tobacco, and this industry was undertaken by them to a larger extent than by any of the other villages. In the Deer village was established the Mission of
*0n Lot 33, Concession 11, of the Township of Nottawasaga, now owned by Mr. Alexander Currie, when the land was first cleared, were found twenty-four stones of nearly equal size, about sixteen inches high, placed at regular intervals in the form of an ellipse about thirty feet in length from east to west. On the stones were rudely carved figures of animals. Unfortunately the stones were built into a river embankment and cannot be identified or examined. Might it be possible that these stones, adorned with the totems of the twelve clans, represented the twenty-four chiefs of the nation, and were used as ceremonial seats in the national conference ?
38
ONTARIO HISTORICAL SOCIETY.
St. Matthias, known to the Hurons as Ekarrenniondi.* These were the only important missions of the Jesuits among the Petuns.
In December, 1649, the Wolf People at Creemore heard that the Iroquois were on the war path and -about to attack them. The Iro- quois had burnt several of the Huron villages and their custom had been to raid the Huron country and fall back southwards towards their base. The Petuns therefore expected that they would make the raid into their country also from the south, and on hearing news of the expedition, sent word to the Deer and Northern clans, and them- selves gathered all their warriors and set out southward by the Turtle villages at Glencairn and Alliston, to meet the foe. Their scouting service and their intelligence department must have been very bad, however, for the Iroquois came from the direction of Orillia and made their attack from the east. Having learned from some captives that the Wolf warriors had gone off to the south, they raided the vil- lage, massacred all the inhabitants, and destroyed the immense grain
* I am unable to agree with the learned Father Jones who, in a well-reasoned article in the Archaeological Report of Ontario for 1902, has identified the Ekarrenniondi of the Hurons with the rock on the townline between Nottawasaga and Osprey, for the following reasons: (1) The rock in question, although perhaps forty feet high and fifteen feet square, is not a striking object among its surroundings and being only a detail amongst a mass of rocks of greater proportions would not strike the imagination of the Indians so as to induce them to call it particularly "the rock that stands out." (2) It is too far away from the site of the village which is located beyond all conjecture on Lot 33 in the llth Concession of Nottawasaga on the banks of Pretty River. (3) The arguments by which the rock is identified apply equally as well to a number of rocks all along the brow of the mountain from Lot 27 to the lake shore. At first I was inclined to agree with Mr. Birch (who contributes a paper to the Archaeological Report for 1903) that Ekarrenniondi is to be found on Lot 14, Concession 2, Collingwood, where there are remains of an important Indian village and where there is a rock of more massive and striking proportions immediately dominating the village. Then, from where we stand in the town of Collingwood it would seem natural to suppose that the bluff of the mountain range which runs out into the lake might well be called by the Hurons "the rock that stands out," and be a more striking object from a distance than any single rock of forty feet high. There has been discovered, too, near Craigleitb, beneath this point the remains of a large Indian village of which no detailed explorations have yet been made. But these latter points would not agree with the distances given by the early writers, nor does their location fit in with the details of the journeys undertaken by the missionaries. But neither of these latter villages, from their location or from their remains which have been found, can compare in importance with the village on the banks of the Pretty river. Besides, there are strongly defined marks of a great trail eastward from the Pretty river towards the land of the Hurons. This trail was well known to the white settlers as recently as fifty years ago for several miles. I have no doubt that it can still be traced across the Nottawasaga into Huronia. Now, from Ossossane, and indeed from every part of the Tiny shore and far inland, there is one point of the Blue Mountains that can be seen distinctly ; even when the bluff end of the mountains fades into mist and flatness, this point is clearly defined. It is a white limestone escarpment, free of vegetation, at the very highest point of the hills. This point is immediately to the west and overlooks the village on Lot 33. A person leaving Ossossane, and heading for this point, would, without any trail, reach the village at its foot. It is ranch more striking forty miles away than near at hand. What more natural than that the Hurons should have called this village by the.name of the landmark by which it was reached—" Ekarrenniondi " ("the rock that stands out")?
THE PETUNS. 39
pits of corn and storehouses of tobacco, leaving the entire village a smoking desolation.*
From Etherita the Iroquois moved northward along the mountain slope as far as Ekarrenniondi, which they found deserted, and, fear- ing an ambuscade, they set their faces towards the Huron country.
We do not read of any further molestations of the Petuns by the Iroquois, who thereafter directed their attention solely to the Hurons, but they never recovered from the crushing effect of the Iroquois raid. The head of the snake had been crushed, and though the tail was yet alive and nearly the whole nation remained intact, yet such was the moral influence of the Iroquois terror that, shortly after, the nation, joined by a few of the Huron refugees, set forth again on the " trail of the snake " and reached Detroit. After some time they went down into the Ohio country and there remained until the advancing white civilization again drove them westward to Kansas, where the remnant of the once great Tobacco Nation now awaits, under the name of Wyandots, its certain, if deferred, extinction.
Even from the history of an obscure tribe of Indians mankind may learn the lesson that the Arts of Peace alone will not preserve a nation. The Petuns had been so long untroubled by foreign wars, had grown so wealthy and comparatively luxurious, and had attained such heights of civilization, as to consider war unnecessary, useless and improb- able, so that when the first hostile breath of the more barbarous Iroquois touched them, the whole fabric of their nation seemed to collapse. If all mankind advanced equally along the paths of peace and civilization, there would be no need of preparation for war, but as the world now is, those who most desire peace and most appreciate its blessings must remember to guard well what they have achieved, and must stay their progress, even in civilization, to protect themselves from the blood lust of those not so far advanced; otherwise the fruit of centuries may be lost in a day, and human progress blocked by the recurring night of barbarism.
* On Lot 5, Concession 4, and on Lot 8, Concession 5, of the Township of Nottawasaga have been found immense ossuaries, consisting mostly of the bones of women and children, where must have been buried by the returning warriors of the Wolf clan the unfortunate victims of the Iroquois madness. On Lot 10, Concession 5, has been found an immense ash heap about four feet deep containing great quantities of charred Indian corn, no doubt the remains of one of the vast communal granaries.
IV.
THE NOTTAWASAGA RIVER ROUTE. BY G. K. MILLS, B.A., SCHOOL INSPECTOR, NOBTH SIMCOE.
(Read at the Annual Meeting of the 0. H. S. at Collingwood, July 20th, 1906.)
From the earliest times of which we have any record in Canada there have heen four great highways leading from the great West to the early settlement at Montreal.
The first of these led from the great hunting grounds of the coun- try which is now Michigan and the plains of the West by way of Machilimacinac and Detroit, through Lakes Erie and Ontario, and down the St. Lawrence Kiver.
The second in importance was by way of Sault Ste. Marie and Machilimacinac along the north-eastern shore of Lake Huron and the Georgian Bay, up the French Eiver to Lake Nipissing, by a portage to the Mattawa, and thence down the Ottawa River over numerous portages to Montreal.
The third was from the Georgian Bay to Lake Suncoe by the Severn River, and thence by numerous portages, through the chain of lakes to the Trent River and the Bay of Quinte.
The last was from the Georgian Bay by the Nottawasaga River, over what was known later as the Nine Mile Portage, across Lake Simcoe to the Holland River, then by a long portage to the Humber River, from which Lake Ontario was reached, near where Toronto now stands. It is with this last route that we are particularly interested.
About 1672, De Courcelles established a trading post at Cataracoui (afterwards Frontenac), and in 1679 La Salle established another at the mouth of the Niagara River, called Fort Niagara. These trading posts were shortly afterwards strongly fortified, and enabled the French to withstand the efforts of the Iroquois to drive them out of the country.
In 1722 Governor Burnett, of the Province of New York, estab- lished a trading post on the west side of the entrance to the Oswego River, and, following the example of the French, he afterwards trans- formed the trading post into a strong fortress. As was to be expected, there was a keen competition for the Indian trade, but as the English gave a better price for furs, many of the Indians passed by Fort Niagara and Fort Frontenac to trade with the English at Choueguen
40
THE NOTTAWASAGA RIVER ROUTE. 41
(Oswego). The effect of this English trading post was felt to such an extent at Forts Niagara and Frontenac that an effort was made to destroy its trade. The Governor of New France at that time, Count de la Galissoniere, on being informed that the Indians of the north made their way to Choueguen by way of Toronto, twenty-five leagues from Niagara and seventy-five from Frontenac, thought it advisable to establish a trading post at that point. This was done in 1749, and instructions were issued to the commandants at Detroit, Niagara and Frontenac to furnish goods for two or three years to come at the same rate as the English. By this means it was thought that the Indians would abandon the English trading post, since it necessitated a further journey of at least twenty-five leagues to reach it.
The trading post established at the " Toronto Pass "* in 1749 was named Fort Rouille, after Antoine Louis Rouille, Colonial Minister of France, 1749-1754. It was commonly referred to as " the fort at Toronto," and was situated close to the lake shore, about two and a half miles east of the mouth of the Toronto River (Humber River), which river was said to communicate with Lake Huron by a portage of fifteen leagues.
This trading post was burned in 175.9 by the French to prevent its falling into the hands of the English. Its site is now the Industrial Exhibition Grounds, and the exact location of the trading post is marked by a monument in the form of a plain, rounded shaft of Credit Valley sandstone about thirty feet high, erected in 1887 and unveiled on the 6th of September, on the opening day of the combined Domin- ion and Local Industrial Exhibition at Toronto by the Marquis of Lansdowne, Governor-General of Canada. On the north side of the pedestal appears the following inscription:
FORT TORONTO AN INDIAN TRADING POST
FOR SOME TIME KNOWN AS FORT ROUILLE WAS ESTABLISHED HERE
A.D. MDCCXLIX. BY ORDER OF LOUIS XV.
*The Indian term "Taronto" denotes "the place of meeting" or "the populous region," and refers to the thickly populated region lying between Lake Simcoe and the Georgian Bay, the great rendezvous of the Huron or Wyandot tribes down to the time of their destruction by the Iroquois in 1649. The Humber was known as the "Taronto River," Lake Simcoe as " Lake Taronto," the chain of lakes lying between the River Trent and Lake Simcoe as the "Taronto Lakes," Matchedash Bay, at the mouth of the Severn River, was known as "Taronto Bay," and the Severn River itself as "Taronto River," indicating that they were all of them highways to the great internal central rendezvous or "place of meeting" of the Huron tribes.
42 ONTARIO HISTORICAL SOCIETY.
About a mile and a quarter east of the mouth of the Humber River are to be found traces of the old Indian trail, which, following the valley of the Humber for several miles, crosses the height of land known as " The Ridges," and leads directly to the Holland River, which it reaches about four miles from its mouth at a place known later as the Upper Landing. This Indian trail is commemorated in Toronto by the winding driveway known as the Indian Road. The distance from the mouth of the Humber to the landing on the Holland River is about thirty miles, although when the Humber was navigable this was shortened somewhat.
La Hontan (1703) says: "You can pass from Lake Frontenac, i.e., Lake Ontario, into Lake Huron by the River Tun-a-hou-ate (the Humber) by a portage of about twenty-four miles to Lake Toronto (Lake Simcoe), which by a river of the same name empties into Lake Huron, i.e., by the River Severn."
Entering Lake Simcoe by the Holland River there were three routes by which Lake Huron was reached. The first of these, and perhaps the usual canoe route, especially in the fall of the year, when storms might be expected on the lake, was by the Severn River. This was the longest, and necessitated seven short portages before reaching the bay at the mouth.
The second route, described in Smith's Gazetteer of 1799 as " a good path," and the " nearest way to Lake Huron," led from the bay west of Francis Island, later known as Shingle Bay, to Matchedash Bay. This trail was known later as the Coldwater Trail, and is repre- sented to-day as the Coldwater Road.
The third route is the one to which this paper relates, and is de- scribed thus in the Gazetteer of 1799: "To the westward is a deep bay (Kempenfeldt Bay), from the head of which is a short carrying place to the Nottawasaga River, which empties itself into the Iroquois Bay in Lake Huron." The Iroquois Bay is the same as the Notta- wasaga Bay, a term said to mean the "River of the Nodaway," the great indentation from whence so often issued, on marauding expedi- tions, the canoes of the " Nodaway," as the Ochibways called the Iroquois.
The south-eastern terminus of the portage was near the present railway depot of Barrie, but the town itself had no existence. Its site was a forest wilderness, nor were there any Indian inhabitants within several miles. During the war of 1812-15 the portage was widened so that wagons could cross it to transport supplies on their way to the
THE NOTTAWASAGA RIVER ROUTE. 43
Government posts of the Upper Lakes. It was about nine miles in length and came to be familiarly known as the Nine Mile Portage.
There is mention of the route by the Nottawasaga River, across the Nine Mile Portage and Lake Simcoe to the Holland River, and thence overland to near the mouth of the Humber, in records dating back more than two centuries and a half. This was one of the routes by which the Iroquois in 1648-49 invaded the territory of the Hurons, which lay north and west between Lake Simcoe and the Georgian Bay. La Salle, with twenty men, passed over this route in 1680 on his way from Fort Frontenac to Machilimacinac. But it is only from the war of 1812-15 that we have any connected account of it.
On July 17th, 1812, Machilimacinac was taken from the Americans by the British, and realizing that it was the key to the upper lakes they made preparations to recapture it. When information regarding these preparations reached the small British garrison at Machilimacinac, word was at once sent to Kingston for assistance. A relief expedition consisting of ten officers and two hundred picked men, twenty artillery- men, a lieutenant and twenty men of the Royal Navy, all under the command of Lieut.-Col. Robert McDowall, of the Glengarry Light Infantry, left Kingston in February, 1814. They made their way through what was yet almost a wilderness to Toronto, and from there marched north along Yonge Street, which had been opened about 1795, to Holland Landing. They crossed Lake Simcoe on the ice and halted on the banks of the Nottawasaga River a short distance below where Marl Creek flows into it. Here they built for themselves a number of wooden huts, and spent the time until the ice on the river broke up in constructing twenty-nine bateaux, the timber for which they found growing abundantly in the surrounding pine forest. The clearing they made was for many years a landmark known as the " Glengarry Land- ing/' but a second growth of trees now covers the spot so completely as to make it almost indistinguishable from the surrounding forest.
The expedition left here on the 22nd day of April, and descending the river they reached the mouth, a distance of about thirty miles, on the afternoon of the 24th. They left next morning to cross the lake covered with fields of ice as far as the eye could reach, and arrived at Machilimacinac on the 18th of May with the loss of only one bateau. After such a hazardous journey of about three hundred miles in open boats, in the early spring, across a lake covered with masses of float- ing ice and swept by storms, it is comforting to know that they arrived in time to hold the place against an attack made on it by the Americans under Captain Sinclair on the 28th of July of that year.
44
ONTARIO HISTORICAL SOCIETY.
Perhaps the most interesting occurrence during the war of 1812-15 which is connected with the Nottawasaga Eiver was the sinking of the North-West Company's schooner, Nancy, in 1814. The following brief account of it is given by James in his " Naval History of Great Britain " :
" The Nancy was lying about two miles up the Nottawasaga, under the protection of a blockhouse situated on the south-east side of the river, which here runs parallel to and forms a narrow peninsula with the shore of Gloucester Bay (Nottawasaga Bay). This enabled Captain Sinclair to anchor his vessels within good battering distance of the blockhouse. A spirited cannonade was kept up between them and the blockhouse, where, besides two 24-pounder carronades on the ground, a 6-pounder was mounted. The three American vessels outside, the Niagara, Tigress, and Scorpion, mounted between them eighteen car- ronades (32-pounders) ; the Niagara had also two long 12 -pounders, and the Tigress and Scorpion between them one long 12 -pounder and two long 24-pounders. In addition to this a five-and-a-half-inch howitzer, with a suitable detachment of artillerymen, had been landed on the peninsula. Against these twenty-four pieces of cannon and upwards of five hundred men were opposed one piece of cannon and twenty-three officers and seamen. Eesistance was in vain, and just as Lieut. Worsley had prepared a train leading from the blockhouse to the Nancy, one of the enemy's shells burst in the former, and both the blockhouse and vessel were presently blown up. Lieut. Worsley and his men escaped in their boat up the river."
Captain Sinclair departed for Lake Erie, leaving the Tigress and Scorpion to blockade the Nottawasaga, intending to starve out the garrison at Machilimacinac, as this was the only route by which sup- plies could be readily forwarded to that post. These two vessels, after remaining there for a few days, took a trip to St. 'Joseph's Island, where they were captured by the English, and all the men on board were taken prisoners to Kingston by the Nottawasaga Kiver route.*
After the close of the war the British officers, recognizing the im- portance of the route, gave orders for the erection of a fort on the Nottawasaga Kiver. This was built in 1816, at a bend in the river about four miles from its mouth. It was intended to protect the store- houses established there, from which supplies were forwarded to the
»hwf Til ab°Ut 6<Lmen were caPtured ™th the Tigress and Scorpion it is not probable that there were 500 men in the attack on the Nancy. The capture of these two
8 * d and the 8endin8 of the Prisoners to Kingston by this route
ld of the capture by night °f tw° American
THE NOTTAWASAGA RIVER ROUTE. 45
military posts maintained at Machilimacinac, Drummond Island and Penetanguishene. The garrison of the fort was withdrawn in 1818 and sent to Penetanguishene.
The Government also, in 1819, erected storehouses at both ends of the Nine Mile Portage, Barrie and Willow Creek. Besides being used for military purposes, this route was the great highway over which passed traders, Indians and settlers with their merchandise, furs and supplies. Provisions and supplies for settlers who had settled along the Bay as far west as Meaford were brought from the mouth of the Nottawasaga River, by boat in summer and by teams over the ice in winter. Much had to be transported over the Nine Mile Portage at all seasons of the year, and the settlers of the surrounding district often found employment in this way.
The Rev. Thos. Williams, who as a lad of fourteen spent several months of the summer of 1824 teaming supplies over this portage, says, amongst other things, in his " Pioneer Memories," which appeared in the Barrie Examiner of 1890 : " On some of the days when it fell to my lot to be home I have often counted between twenty and thirty canoes coming stealthily up the north side of the Bay — each canoe bearing an Indian family — and in a little as many little blue smokes under the spreading branches of the pine trees, which stood somewhat wide apart where the houses of Barrie now stand, would tell where each family had erected its temporary dwelling." He further says: "Besides the supplies for the naval and military establishment at Penetasguishene going by this portage, there were two great trading companies which took most of their goods by this route. The name of one was P. and W. Robinson. Their monogram or mark was made like this — WR. The other company was called Borland and Roe, and their mark was made this way — 9R. These large companies had absorbed most of the small traders by employing them as branch posts."
In consequence of the great amount of traffic, quite a little village arose at the northern terminus of the portage on Willow Creek. This portage continued to be the highway over which supplies for the mili- tary posts, traders and settlers were teamed until the Northern Rail- way was built to Collingwood in 1855. After this the little hamlet on Willow Creek rapidly passed out of existence, until at present the only traces left to mark the spot where it stood are the outlines of the foundations of a few buildings. The old portage can still be traced across the country from Barrie to Willow Creek, except in places where improved farms have blotted it out for ever.
Among the distinguished travellers who have passed over this
46
ONTARIO HISTORICAL SOCIETY.
route in the early days* may be mentioned the deserters from Lord Selkirk's Ked River Colony in 1815. After ^traversing five hundred miles of rocky wilderness between Tort Garry and Fort William the fugitives reached the latter place. Here the North- West Company, in order to promote their removal from the country, fitted out a fleet of small boats to transport them down the lakes. In this fleet they arrived at the outlet of the Nottawasaga River, which they ascended, as well as its tributary, Willow Creek, then crossed the Nine Mile Portage to the head of Kempenfeldt Bay. Passing across Lake Simcoe they reached the Holland River, up which they went as far as the third concession of West Gwillimbury, where they landed and made a settle- ment in the peninsula formed between the Holland River and its north branch.
As far as can be ascertained the fugitives consisted of the following seventeen men, some of whom had wives and families :
Sutherlands (6), Donald, Haman, William, Robert, James and Angus; McKays (4), James, Robert, Roderick and Angus; McBeths (3), Andrew, Charles and William; Matthewsons (2), "Black" John and " Red " John ; Geo. Ross and Arthur Campbell.
These were the pioneers of what is known to this day as the " Scotch Settlement " of West Gwillimbury. It is also related that they did not all arrive at the same time, but that they came in two parties, and that the second party, which came after the final destruction of the colony, consisted of Robert and Roderick McKay, two McBeths and one Suth- erland— five men in all. These are said to have come by Parry Sound and Orillia in 1816.
Sir George Head crossed the Nine Mile Portage in 1815 and has left an account of his travels from York to Penetanguishene and the Nottawasaga in his " Forest Scenes."
The commissioners appointed to mark the boundary between the Columbia River territory and British Columbia returned by this route in 1824. They had crossed the entire continent from the Columbia River, and went east from Lake Simcoe by the canoe route through the chain of lakes and the Trent River.
Sir John Franklin took this route in April, 1825, on his second overland expedition to the Arctic Seas.
Commodore Barrie, who was commander of the British war vessels Kingston for some time, passed over it in June, 1828, while on a :our of inspection of the naval depots of the upper lakes.
On the occasion of a trip up the river early in June of this year, in
* See page 43.
THE NOTTAWASAGA RIVER ROUTE. 47
company with Mr. Freer, manager of the Bank of Montreal, we were shown the location of the schooner Nancy. An island has been formed because of the sediment collected, and only a small portion of the stern of the vessel is visible. We were also shown the location of the block- house, in the neighborhood of which numerous grape shot and a few cannon balls have been picked up. About two miles further up the river we were shown the location of Fort Nottawasaga, the storehouses and living houses of the garrison and those employed. This site is at a point where, by a portage of a quarter of a mile, the route by the river is shortened by about four miles. Canoes going up the river heavily laden used this portage, as by so doing they shortened the route and escaped two short rapids. On the way down the boats went the whole way around after lightening at the other end of the portage.
The only traces of the fort and the surrounding houses were the vague outlines of three or four buildings. We crossed the portage, and at the other end were shown the old Indian burying ground. Many skeletons have been found there, but it is reported that they were all those of women and children. Numerous pieces of pottery and other indications of Indian encampment were noticed. Our guide told us that he knew of the location of a cannon in the river, and we are negotiating with him to raise it with the object of obtaining it for the Huron Institute. There seems to be no doubt but the gun is there, as several report having seen it. It appears, according to reports, to have been hurriedly tumbled down the bank into the river, and is probably one of the guns reported by James as having been in the possession of Lieut. Worsley's men at the time of the sinking of the schooner Nancy. Our guide was dumb as to the actual location, but from the accounts of others it is in the river below the location of the blockhouse.
Another matter of interest, which indicates the importance of this Nottawasaga River route, was the proposal in the early days of the settlement of this district to build a railway from Toronto to Barrie and from there to the mouth of the Nottawasaga. Surveys were made, and in 1836 the plan of a town at the mouth of the river was drawn out, which shows the railway station, freight sheds, streets, avenues, parks, and everything that goes to make a town on paper. The agitation culminat- ing in the rebellion of 1837 turned the attention of the authorities in other directions for some time. In the meantime strong opposition arose against the location of a town so close to Barrie. It was pointed out that a railway from the mouth of the Nottawasaga would pass far to the west of Barrie, and the first town of importance on it would probably be Holland Landing. It was also argued that if the terminus were at
48
ONTARIO HISTORICAL SOCIETY.
Penetanguishene the road would probably pass through Barrie, and as this was thirty-five miles from Penetanguishene, the danger to Barrie would be little as compared with that arising from a large town at the mouth of the STottawasaga. Numerous letters were pub- lished referring to the " storm shifting sands " of this part of Notta- wasaga Bay, and about this time a large schooner was wrecked at the mouth of the river, purposely, it is claimed by some, in order to destroy confidence in the safety of the harbor. The outcome of the agitation was that the railway was in 1855 built to Collingwood, then known as " Hens and Chickens." When it is remembered that this was the first railway of importance built in Canada, and that it was built to take the place of the Nottawasaga Kiver route, an idea may be formed of the great importance of this old highway.
To any one acquainted with both locations it is hard to understand why the present terminus was selected. If a small part of the money had been expended on the mouth of the Nottawasaga that has been expended on Collingwood harbor, a much better and safer harbor would have resulted. In case of a storm on the lake from the north or north- west, the only direction that could make a rough lake for the lower portion of the bay, it would be a home run for boats, with plenty of room for five miles up the JsTottawasaga Kiver for all the shipping on the lakes, sheltered from every angry wind by the long peninsula formed between the river and the lake.
Such is the buffeting of fate, but there are many who yet hope to see this ancient route once more made famous as a part of the Huron- tario Ship Canal, first advocated about 1836, yet talked of, and its possibility as a profitable enterprise persistently believed in.
REFERENCES.— Smith's "Gazetteer"; Head's "Forest Scenes"; Robertson's "Land- marks of Toronto"; Dr. Scadding's "Toronto of Old"; "History of the County of Simcoe," published in the Barrie Examiner, 1890 ; " Travels and Adventures in Canada," Alexander Henry.
V.
THE FIRST COMMISSION OF THE PEACE FOR THE DISTRICT OF MECKLENBURG.
BY R. V. ROGERS, LL.D.
(Read at the Annual Meeting of the O. H. S. at Kingston, July 19th, 1907.)
My paper, like many an old-fashioned sermon, is divided into four parts : First, the Commission itself, this is the text ; second, the persons mentioned in the Commission; third, explanations and descriptions, and, lastly, the seal or conclusion.
(Endorsement.)
GENERAL COMMISSION of the PEACE for the District of Mecklenburg in the Province of Quebec.
Fiat.
Recorded in the office of Enrollments at Quebec the 28th day of July, 1788, in the third Register of Letters Patent & Commissions, folio 253.
(sgd.) GEO. POWNALL, Sec. & Keg.
/c< , * Commission.
(Sgd-J
DORCHESTER., G.
GEORGE THE THIRD by the Grace of God of Great Britain, France, and Ireland, KING. Defender of the faith &c. To OUR Trusty and Well beloved Henry Hope Lieutenant Governor, William Smith Chief Jus- tice, Hugh Finlay, Thomas Dunn, Edward Harrison, John Collins, Adam Mabane, Joseph Gaspard Chaussegros Delory, George Pownall, Picotte de Bellestre, John Fraser, Henry Caldwell, William Grant, Paul Rock St. Ours, Francis Baby, Joseph de Longueuil, Samuel Hol- land, George Davison, Sir John Johnson Bart, Charles de Lanaudiere, Rene Amable Boucherville, and Le comte Dupre, Members of OUR Council of OUR Province of Quebec, and to OUR loving subjects Robert Clark and Ephraim Washburn of Ernest Town, George Singleton and Robert Kerr of Fredericksburg, Peter Vanalstin and Nicholas Hager- 4 49
50 ONTARIO HISTORICAL SOCIETY.
man of Adolpims Town, Daniel Wright, Archibald McDonell and Joseph Sherwood of Marysburg, William Marst, Joseph W. Meyers and Stephen Gilbert of Sydney, and William Bowen of Richmond, Esquires, GREETING. KNOW YE that WE have assigned you jointly and severally and every one of you, OUB Justices to keep OUR Peace in OUB District of Mecklenburg in OUB said Province of Quebec, and to keep and cause to be kept, all Ordinances, Statutes and Laws for the good of the peace, and for preservation of the same ; and for the quiet Rule and Government of OUB people made in all and singular their articles in OUB said District of Mecklenburg (as well within liberties as with- out) according to the force, form and effect of the same ; and to chastise and punish all persons that offend against the form of those Ordinances, Statutes and Laws, or any of them, in the District aforesaid, as it ought to be done, according to the form and purpose of those Laws, Ordinances and Statutes and to cause to come before you or any of you, all those who to any one or more of OUB people concerning their bodies, or the firing of their houses, have used threats ; to find sufficient security for the peace for their good behaviour, towards Us and OUB people, and if they shall refuse to find such security, then to cause them to be safely kept in OUB prisons until they shall find such security. WE have also assigned you and every two or more of you, of whom any one of you the aforesaid Henry Hope, William Smith, Hugh Finlay, Thomas Dunn, -Edward Harrison, John Collins, Adam Mabane, 'Joseph Gaspard Chaussegros Delory, George Pownall, Picotte de Bellestre, John Eraser, Henry Caldwell, William Grant, Paul Rock St. Ours, Francis Baby, Joseph de Longueuil, Samuel Holland, George Davison, Sir John Johnson, Bart., Charles de Lanaudiere, Rene Amable Bou- cherville and Le Comte Dupre, Members of Our Council for our said Province, & Robert Clark, & Ephraim Washburn of Earnest Town & George Singleton; (We will Shall be one) OUB JUSTICES to enquire the truth more fully, by the oath of good and lawful men of the Dis- trict aforesaid ; by whom the truth of the matter may be better known, of all and all manner of Felonies, Poisonings, Enchantments, Sorceries, Arts Magick, Trespasses, Forestallings, Regratings, Ingrossings and Extortions, whatsoever ; and all and singular other crimes and offences, of which the Justices of OUB peace may or ought lawfully to enquire, by whomsoever and after what manner soever in the said District done or perpetrated, or which shall happen to be there done or attempted; And also all those who in the aforesaid District, in companies against OUB peace, in disturbance of OUB people, with armed force have gone or rode or hereafter shall presume to go or ride; And also of all those
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG^ 51
who have there lain in wait, or hereafter shall presume to lie in wait, to maim, or cut, or kill OUR people; And also of all Victuallers, and all and singular other persons who in the abuse of weights or measures, or in selling Victuals against the form of the Ordinances, Statutes and Laws of OUR said Province, or any of them in that behalf made, for the common benefit of OUR said Province, and OUR people thereof, have offended, or attempted, or hereafter shall presume in the said District to offend or attempt ; And also of all Sheriffs, Bailiffs, Stewards, Con- stables, Keepers of Gaols and other officers who in the execution of their offices, about the premises or any of them, have unduly behaved themselves ; or hereafter shall presume to behave themselves unduly, or have boon or shall happen hereafter to be careless, remiss or negligent in OUR District aforesaid; and of all and singular articles and cir- cumstances, and all other things whatsoever that concern the premises or any of them, by whomsoever, and after what manner soever in OUR aforesaid District done or perpetrated, or which hereafter shall there happen to be done or attempted in what manner soever : AND to inspect all Indictments whatsoever, so before you or any of you taken or to be taken before others late OUR justices of the peace in the aforesaid Dis- trict, made or taken and not yet determined, and to make and continue processes thereupon against all and singular the person so indicted, or who before you hereafter shall happen to be indicted, until they can be taken, surrender themselves or be outlawed; And to hear and deter- mine all and singular the felonies, Poisonings, Inchantments, Sorceries, Arts magick, trespasses, forestalling^, regratings, engrossings, extor- tions, unlawful assemblies, Indictments aforesaid, and all and singular other the premises, according to the Laws and Statutes of England, and the laws of our said Province, as in the like cases it has been accus- tomed, or ought to be done ; and the same offenders and every of them, for their offences, by fines, ransoms, amerciaments, forfeitures, and other means as according to the Law and Custom of ENGLAND or form of the Ordinances and Statutes aforesaid, and the Laws of the said Pro- vince it has been accustomed or ought to be done, to chastise and pun- ish, PROVIDED ALWAYS that if a case of difficulty upon the determina- tion of any of the premises before you, or any two or more of you, shall happen to arise ; then let Judgment in no wise be thereon given before you, or any two or more of you, unless in the presence of OUR Chief Justice of OUR Court of King's Bench of OUR Province aforesaid, or of one or more of OUR Justices specially appointed to hold the assizes in the aforesaid District ; and therefore WE command you iand every of you that to keeping the peace, Ordinances, Statutes, and all and singular the
52 ONTARIO HISTORICAL SOCIETY.
premises, you diligently apply yourselves and that certain days and places, which you, or any such two or more of you as is aforesaid, shall for these purposes appoint, into the premises ye make enquires, and all and singular the premises hear and determine, and perform and fulfil them, in the aforesaid form, doing therein what to Justices appertains according to the Law and Custom of England and the ordinances as above mentioned, SAVING TO Us the amerciaments and other things to Us therefrom belonging. And WE command by the tenor of these pre- sents, OUR Sheriff of the District of Mecklenburg that at certain days and places, which you or any such two or more of you as is aforesaid, shall make known to him, he cause to come before you, or such two or more of you as aforesaid, so many and such good and lawful men of his District and Bailiwick (as well within the liberties as without) by whom the truth of the matter in the premises shall be the better known and enquired into, and lastly WE Command the keeper of the Rolls of OUR Peace of the said District, that he brings before you and your said Fellows, at the days and places aforesaid, the writs, precepts, pro- cesses and Indictments aforesaid, that they may be inspected and by a due course determined as is aforesaid.
IN TESTIMONY WHEREOF WE have caused these OUR Letters to be made Patent and the Great Seal of OUR Province of Quebec to be thereunto affixed, and the same to be recorded in one of the books of Patents in OUR Registers office remaining: WITNESS OUR Trusty and Well-loved GUY LORD DORCHESTER, OUR Captain General and Gover- nor in Chief of OUR said Province, at OUR Castle of ST. LEWIS in OUR City of Quebec, this twenty-fourth day of JULY in the year of OUR Lord one thousand seven hundred and eighty eight, and of OUR reign the twenty-eighth.
(sgd) D. G.
(sgd) GEO. POWNALL, Secry.
PERSONS MENTIONED.
DORCHESTER (GUY CARLETON), born at Strabane, Ireland, Sept. 3, 1724, was appointed Lieut-Colonel in 1757 ; took part in the siege of Louisbourg; was wounded at the taking of Quebec in 1759; served at the siege of Belleisle in 1761, and at that of Havana in 1762 ; was appointed Lieut. -Governor of Quebec in 1766 and Governor in 1768 ; was in command of the British troops in Canada; successfully de- fended Quebec against the American forces under Montgomery and Arnold, December 1775, to May 1776; captured Crown Point in
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 53
tober, 1776; was made Lieut. -General in 1777; in 1782 he suc- ceeded Sir Henry Clinton as Commander-in-Chief of the British forces in America, and took command in New York in May and evac- uated that city in November of the following year. He was appointed Governor-in-Chief of Canada again in 1786, and also of Nova Scotia and New Brunswick, and held that office until 1796. He died in Berkshire in 1808, aged 83. Kingsford says of him: " His military success is written in his services with Wolfe ; in the pregnant sentence that he saved Quebec in 1775 and that in 1776 he drove before him from Canadian soil the Congress forces like a flock of sheep. In his political career, his moderation, justice, prudence and genius can everywhere be recognized. He had the keenest sense of what was due to the dignity and character of Great Britain. In his private life there was ever apparent a chivalrous sense of honor, truth and self- sacrifice." His name in this part of Canada is kept fresh by that of the neighboring island, which was once a British post, but which boundary commissioners gave to the Republic to our south.
HENRY HOPE was sworn in as Lieutenant-Governor on 2nd Nov- ember 1785, and acted as such until Dorchester arrived in Canada in October 1786. He died in April 1789, and was buried in Quebec with military honors. Hope Gate was called after him. He was very considerate of the U. E. Loyalists and did much to further their interests.
WILLIAM SMITH, Chief Justice, was born in the City of New York in 1728, the son of a successful lawyer who became one of the Asso- ciate Judges of the Province of New York. He entered the profession of the law and in 1765 became Chief Justice of New York. He is not a favorite with United States critics; they say that when the revolu- tionary movement was approaching its final development he was un- certain which side he should take and so retired to his country house on the North Eiver for five months, as if waiting, to see on which banner victory would perch. However, he was suspected of leaning to the royal cause and was confined on parol ; as his property was not con- fiscated, it is evident that he was not altogether unfriendly to the revo- lutionary party. In 1778 he returned to New York and openly took the Britisth side; he remained in that city, thoroughly enjoying Carleton's confidence, until the evacuation after the peace; then he accompanied Carleton to England. When Carleton returned to Canada as Lord Dorchester and Governor-General Smith came with him as Chief Justice; in December, 1792, he was nominated by the Crown as Speaker of the Legislative Council. Smith believed in the supremacy
54 ONTARIO HISTORICAL SOCIETY.
of English law and stoutly advocated the establishment of the jury system in Canada in disputes between merchants and traders, and in actions for personal injuries. He submitted to Dorchester a scheme which foreshadowed the confederation of the Dominion; he suggested a Legislative Assembly for the whole of British America south of Hudson's Bay and north of Bermuda, which should make laws for all the Provinces; Dorchester thought so well of the plan that he for- warded the communication to the Home Government, but the time for such a great union was not yet fully come and the idea slept. He died in December, 1793, and among those who attended his funeral was H.E.H. Prince Edward, the father of her gracious Majesty Queen Victoria.
HUGH FINLAY was the Postmaster-General of that day; appar- ently his labors as such could not have been very onerous, as the only places between which correspondence was then regularly carried on were Montreal, Quebec, Three Eivers and Sorel, and the post went only twice a week; there was an occasional mail to Chambly. In 1799 he was behind in his accounts with the Imperial Government to the extent of some £1,500 (these were the days of small things), and in August, 1802, he was removed from his position. He appears to have specu- lated in lands with the Government moneys. Dorchester arranged for a monthly mail to England, from Halifax and St. John, the letters to be carried thither by a man on foot. Postage was heavy — a package containing a petition, sent from Montreal in a box to the Governor at Quebec, cost £2 16s.
JOHN ERASER was one of the judges at Montreal.
THOMAS DUNN was a native of Durham, in England, and was born in 1731. He came to Canada shortly after the conquest and engaged in mercantile life. Subsequently, he 'became one of the judges of the Court of King's Bench (common sense, not common law, was needed in those days). Dorchester appointed him to the Legislative Council in 1775 ; by the way, the first meeting of that Council was disturbed by the news of Montgomery's invasion. When Sir Eobert S. Milner left Quebec in 1805 Mr. Dunn, as senior Executive Coun- cillor, was appointed Administrator of the Government. In his first opening speech to the Assembly he had the pleasing duty of congratu- lating the members on the glorious victory of Trafalgar. Kingsforft calls this naval action unparalleled in history— but, then, Kingsford wrote before the exploits of Dewey, Schley and Sampson.
JOHN COLLINS was Deputy Surveyor-General and laid out the Township of Frederieksburgh in 1783 and afterwards Marysburgh.
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 55
His name is perpetuated in this region by a lake, a stream and a bay, not to speak of a village.
ADAM MABANE, a judge of the Court of Common Pleas, although at an earlier period he had been StaifrSurgeon of the Quebec garrison, was appointed to the Council by General Murray when Governor. Carleton, shortly after his arrival, dismissed him, because of his action in the Walker matter. Carleton had previously snubbed him because Mabane, with others, had objected to the Governor consulting with members of the Council individually. He was appointed a judge of the Court of Common Pleas by Carleton in 1755, and Dorchester, after the Quebec Act, kept him on the bench.
JOSEPH CHATISSEGROS DE LERY, born in Canada, was the son of the French King's chief engineer, who came to this country in 1717 obtained a seigniory in 1732, and prepared the plans for the for- tifications of Quebec. Our justice entered the army in 1742 and held the position of captain in Montcalm's command at the time of ^the capture of Quebec. He had previously drawn the designs for forti- fying Quebec and built Fort Beausejour, in Acadia. In 1761 he, with his family, went to France, to solicit a place and the favors to which he thought his services to his country entitled him. But, being unsuc- cessful with the French, he turned to the English king. When he and his wife, Louise de Brouages, were presented at Court, the youthful George III. was so struck with the lady's beauty that he exclaimed, " Madame, if all the ladies of Canada resemble you, we may indeed boast of our beautiful conquest." De Lery returned to his native land in September, 1764. General Murray — the then Governor — did nothing for him, however. But when Carleton recommended the appointment of French-Canadians to the Legislative Council in .1769, de Lery's name was the first on the list. He received the appointment in time, and held it from 1775 until his death in December, 1797, drawing, besides £100 a year as Councillor, £200 as a pension from the Government. One of his sons became Lieutenant-General and Engineer-in-Chief of the Imperial Army, and was made a Baron by Napoleon.
FRANCOIS MARIE PICOTTE DE BELESTRE, Chevalier de St. Louis, was the grandson of the first nobleman who came to Canada in the time of De Maisonneuve, Madlle. Mance and Marguerite Bourgeois. He distinguished himself at Detroit, of which place he became Gov- ernor in 1756. At the cession of New France he most reluctantly made over this post to the British, being almost unable to believe that the French had capitulated at Montreal in 1760. Having retired to
56 ONTARIO HISTORICAL SOCIETY.
this place, he became a devoted subject to the British Crown and his zeal in defending its honor, both in public and in private, was well known. In 1775 he retook the Fort of St. John from the Americans, defeated Schuyler, and defended Chambly forty-five days against Montgomery, but he had to succumb for want of relief. He was first called to the Council in 1775.
HENEY CALDWELL was at one time Receiver-General. He was Deputy Quartermaster-General under Wolfe and settled in the Pro- vince after the conquest. When Montgomery 'besieged Quebec, he was in command of the English-speaking militia in that fortress, with the provincial rank of Lieutenant-Colonel. He was an energetic and effi- cient officer. He had a special cause for disliking the rebels that came to try and win Quebec under Arnold and Montgomery, for they occu- pied tand pillaged His fine country house. The very day that Benedict Arnold and his ragged, way-worn followers had landed at Wolfe's Cove and scaled the heights of Abraham, they marched to " Sans Bruit," the manor house of Colonel Caldwell, which was situated half-way between the Cove and Quebec, near the St. Charles River. The mansion house became the headquarters of the Continentals and the rank and file were comfortably quartered in the adjacent buildings; greatly the Americans relished feasting on Caldwell's fat bullocks after their terrible journey up the Kennebec and down the Chaudiere, when they had to eat dogs — entrails, skin and all — moose hide, moccasin soup, shaving soap, pomatum and lip salve, and gnawed ravenously but in vain at the leather of their shoes, cartridge boxes, shot pouches and breeches.
WILLIAM GRANT was the Receiver-General of the Province of Quebec. In 1770, fifteen years after her first husband's death, he married the widow of the third Baron de Longueuil, who had -been killed in Dieskau's defeat at Lake George, and was supposed to have been eaten by the drunken and infuriated Indians, who fought on the side of the English, de Longueuil having been in command of the French braves. The lady was a Delle. Fleury Deschambault, and had no chil- dren by her second husband. The Grants were of the nobility in Scotland, as well as in France; the Grants, of Blairfindie, were of an illustrious race. William Grant had a nephew, David Alexander Gfcrant, a Captain in the 94th Regiment, whose marriage with his wife's only daughter, Marie Charles Josephe LeMoyne, he greatly encouraged; the happy event took place on the 7th May, 1781. The son of this marriage, the Hon. Charles William Grant, on the death of his mother, became the Baron de Longueuil. He was largely inter-
FIRST COMMISSION OF PEACE FOB DISTRICT OF MECKLENBURG. 57
ested in lands on Wolfe Island, once part of La Salle's seigniory of Oataraqui.
SAINT KOCHE DE ST. OUBS was of noble origin and a descendant of an officer of the Carignan-Salieres Regiment, which came to New France in 1665, of a family distinguished for its bravery and interpid- ity in the field. Quinson, one brother, fought at Monongahela, where Braddock suffered, and at St. John, then became Commandant at Saint Domingo. A second brother was killed in the service of his king in 1757. Pierre Roche, a third, distinguished himself considerably at Carillon, was made a Knight of St. Louis, commanded as a Brigadier on the Plains of Abraham, where he was mortally wounded. The member of the Council, who was known by the name of d'Eschaillons, was born in 1736 ; married Mile. Josephe Godfroy de Tormaneour, of Three Rivers, by whom he had three children, who survived him. He died in 1814, at the age of 78, a member of the Executive and Legis- lative Councils.
FRANCIS BABY was a grandson of Jacques Baby, seigneur of Ran- ville and an officer of the famous regiment of Carignan, and the young- est son of Raymond Baby and Therese Lecompte Dupre. He served in the army during the Seven Years' War and went to France with the remnant of the troops in the autumn of 1760. Three years later he returned to Canada, with a number of other famous Canadians, re- solved to accept British domination. Charter de Lotbiniere 'helped him to enter the fur trade, in which in a few years, while still young, he acquired a fine fortune. In 1772 he was sent to London by his fellow-countrymen, and did much to enlighten the minister of the day on the state of the country and to prepare for the Quebec Act. In 1775 he urged General Carleton to place the country in a state of defence, in view of the dark clouds gathering in the south, and he him- self was appointed Major in the militia. Afterwards, he held many important offices; twice he was at the point of being made Adminis- trator of the Province, but his religion prevented it. He was made Adjutant of the Militia by Haldimand in 1780 and continued such until 1812. Suite says he was called to the Executive Council in 1791 and to the Legislative Council in 1792. He died in 1820, aged 87.
JOSEPH LEMOYNE DE LONGITEUIL. Joseph Dominique Emmanuel was the son of Paul Joseph de Longueuil and Marie Genevieve Joy- bert de Soulanges; born, May 2nd, 1738. Early in life he entered the French Army and rose to the rank of Captain. He married the widow of De Bonne de Lesdigineres, who was killed at the siege of Quebec.
58 ONTARIO HISTORICAL SOCIETY.
She was the daughter of Colonel Prudhomme, Commander of the Mont- real Militia on the Plains of Abraham, and at the affair at Ste. Foye. He tendered his services to King George after the peace. Carleton appointed him Inspector-General of Militia, and in 1796 he became Lieutenant-Colonel of the Royal Canadian Volunteers. He contrib- uted considerably of his private means to the keeping up of this corps, at the head of which he remained six years. In that regiment, which bore on its colors the words, " Try Us," were many of the leading French-Canadians. His fortune was a considerable one for those days. He was Seignior of Soulanges, Nouvelle Longueuil and Pointe L'Orignal.
SAMUEL HOLLAND was Surveyor-General of Canada. He sur- veyed Adolphustown in 1783.
LE COMPTE DUPEE originally served under the Marquis Duquesne, the French Governor-General o/ Canada, and then on to the sur- render of Canada to the British. He then entered the army of the conquerors, and in consequence of his bravery and skill during the siege of Quebec by Montgomery he was appointed Commandant of that city and the surrounding district by Sir Guy Carleton. He con- tinued in this important position for over twenty years. The Ameri- cans, under Montgomery, burnt his property. Some 400 of them were quartered on his estate near the city.
SIB JOHN JOHNSON was a son of the celebrated Sir William Johnson. At the outbreak of the American Revolution, Sir John, who had already succeeded to his father's title and to his influence over the Indians, exerted that influence to the utmost in the royal cause. Although only 18 he served as a volunteer under Bur- goyne. He thus rendered himself particularly obnoxious to the Con- tinentals, as the Americans were then called. In 1776 Colonel Dayton, with a strong force, was sent to arrest him, and put it out of his power to do further mischief to the Revolutionists. Receiving timely notice of this move from his Tory friends in Albany he hastily assembled a large number of his tenants and others and made arrange- ments for a retreat to Canada, and this he safely accomplished. Avoiding the route by Lake Champlain, from fear of falling into the hands of the enemy, who were supposed to be assembled in that direc- tion, he struck deep into the woods by way of the head-waters of the Hudson, and descended the Raquette River to the St Lawrence and then crossed over to Canada. Their store of provisions failed soon after they left home. Weary and footsore numbers of them sank by the way and had to be left behind, but were shortly after relieved by a
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party of Indians, who were sent from Caughnawaga in search of them. After nineteen days of hardships, which have had few parallels in our history, they reached Montreal. So hasty had 'been the flight that the family papers had to be buried in the garden at Johnson Hall, nothing being taken with them but articles of prime necessity. The Americans made nothing by this move, for Sir John soon after his arrival in Mont- real was commissioned a Colonel and raised two battalions of loyalists, who were called the Royal Greens. A large number of the Mohawks, and the settlers on his New York lands, some seven hundred in number, by his persuasion came over to Canada. He was one of the most active and bitterest foes that the Whigs encountered during the contest, and many an inroad did his Indians make across the line. In August, 1777, he, with Colonel St. Ledger and Brant, invested Fort Stanwix. Their operations being threatened by the brave old hero General Nicholas Herkimer, Commander of the Tryon County Militia, the British moved out to meet him, and while they successfully ambuscaded Herkimer and his men, they were finally defeated and completely routed by a brilliant sortie of the garrison. Sir John Johnson's camp was pillaged and five British Standards captured ; these the American Colonel hung up in the fort, beneath the Stars and Stripes, hastily extemporized out of a white shirt, an old blue jacket and some strips of cloth from the 'petticoat of a soldier's wife. This flag, says Fiske, was the first American flag with stars and stripes ever hoisted, and it was flung to the breeze on the memorable day of Oriskany, August 6, 1777, and these captured banners of Johnson's Royal Greens were, as Bancroft says, the first flags that had ever floated under the Stars and Stripes of the young Republic. Johnson was knighted at St. James' Palace. After the war he was appointed Superintendent-General of Indian Affairs of British North America, also Colonel-in-Chief of six regi- ments of militia in the Eastern Townships, .and a member of the Legislature. He lived in Montreal and died there. His exten- sive family estates on the Mohawk were, of course, confiscated, but the Crown compensated him with large grants of land in different parts of Canada and a considerable sum of money. His only son became a Colonel in the British Army and was killed at Waterloo. Dorchester, in 1790, had strongly recommended that Sir John should be made the first Lieutenant-Governor of Upper Canada. How- ever, Simcoe was appointed. He owned Lot 1, adjoining the Town of Kingston. Being in this old City of Kingston, I may say that Sir John Johnson's five half-sisters, in whose veins coursed the brave and dusky blood of the Mohawks — their mother
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being- Miss Molly, a sister of Tyandinagea, Joseph Brant— lived here. These ladies were fairly well educated and married well — one, Cap- tain Farley, of the 60th Kegiment; another, Lieutenant Lemoine, of the 24th; the third, John Ferguson, she was the Magdalen Fer- guson whom all conveyancers in Kingsters know well by name as the patentee of 116 acres " adjoining the northernmost limits of the Town of Kingston." A fourth daughter married Dr. Kerr, a well-known surgeon of the day, who eventually settled near Hamilton. The fifth, Ann, was the wife of Captain Barl, of the Provincial Navy. He has given us the name of one of our streets and his Indian beauty owned some town lots, as well as Lot 2, adjoining Kingston. Their daughter married Colin Miller, the first Manager of the Bank of Montreal in this city.
cv
CHAELES TAKIE^ DE LANAUDIEBE was the son of Charles Xavier Tarien de Lanaudiere, and, serving as a Lieutenant in the French army, was wounded at the Battle of the Plains of Abraham. He went back with his regiment — that of La Sarre — to France, but the spirit of the New World soon drew him again to Canada. However, before returning, he travelled a good deal over Europe, and had the good for- tune of being presented, with Mons. de St. Ours, to the great Fred- erick of Prussia, at Potsdam, during the celebrated manoeuvres there. In Canada he became Aide-de-camp to General Carleton and greatly assisted him in avoiding falling into the hands of the invading Amer- icans on his rapid trip from Montreal to Quebec in the fall of 1775. The Governor had abandoned Montreal to Montgomery and his forces, and was hurrying to Quebec with men, munitions and provisions and, fearful of being stopped at Sorel by the Americans under Easton, he, Lanaudiere and one or two others entered the boat of a trader, and — the crew quietly paddling only with their hands — managed to slip safely by the hostile camp — and so to save Quebec and Canada. When Montgomery fell and his body was placed in its temporary resting- place under the walls of Quebec, his faithful spaniel lay mourning for eight days, without food, on its master's grave," in that fearful January weather, until Lanaudiere coaxed the poor creature away. He had raised a company of his censitaires to help repel the invasion. Consequently, the Continentals completely sacked his manor house at St. Anne's. He took a vigorous part in the defence of Chambly. In 1778 he followed Carleton to England, and, together with his father-in-law, Lacorne St. Luc, he appeared as a witness before the Burgoyne Committee of the House of Commons. On his return to Canada he was appointed Grand Voyer. He died in 1811, leaving one daughter. He had been called
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to the Legislative Council in 1792. He was Seignior of St. Anne de la Parade. The late Judge Baby (to whom I am much indebted for information about these French-Canadians), said that the De Lanau- diere family was of ancient noblesse and was closely connected with the Dukes of Mortimore.
RENE AMABLE BOUCHER DE BOIJCHERVLLE was a descendant of Pierre Boucher, Governor of Three Rivers, who was ennobled by Louis XIV. in 1661, and the son of Francois Pierre Boucher de Boucherville and Marguerite Bianbault de St. Blin. He was born at Cataraqui (now Kingston), the 12th February, 1735, and married at Montreal, in 1770, his cousin, Madelaine de St. Blin. He took a dis- tinguished part in the defence of Chambly against the Americans in 1775, when they made their raid into Quebec, before the Declaration of Independence. He filled the office of Grand Voyer in Lower Canada for many years. He died at Boucherville on 2nd September, 1812.
ROBERT CLARK was born in Dutchess County, N.Y., in 1774. By trade he was a carpenter and millwright, and he owned two farms near his birthplace. He was married and had two children when the American Revolution broke out, but he at once volunteered and joined the British army. This loyal act destroyed his home, his family were driven out, his property confiscated, warrants were issued against him and a reward offered for his apprehension. He was with Burgoyne when that unfortunate general decided to surrender to the Americans at Saratoga. He, with other volunteers, were told of what was coming and advised to leave the camp and make their way to some place of safety, unless they desired to fall into the enemy's hands and taste his tender mercies. Many of them disappeared by night and reached Canada after weeks of sufferings and privations. Clark then volun- teered into the Loyal Rangers, under Major Jessop. He received his discharge in December, 1783, when the cruel war was practically over. In 1783 he was employed by the Government to erect a grist mill at what is now called Kingston Mills, the first mill in this section of the Province. In 1784 he was happily re-united to his wife and family! at Cataraqui, whither they had wended their way with the Loyalists; the separation had lasted seven years. Clark located in the front of Ernestown, midway between Collins Bay and Mill Haven, where some of his descendants lived until a year or so ago. He was the patentee of Lots 30 and 31 and the east half of 33, in the first concession of that township. In 1785 and 1786 he built a sawmill and a grist mill at Appanea Falls (now called Napanee). For many years he was an active member of the Court of Requests. He was prominent in the
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Militia Force and as such served his country in the troublous times of 1812-14. A member of the first Methodist class founded in the town- ship, he died in 1823. A sketch of his old mill on the Appanae River, Bay of Quinte, may yet be seen in the British Museum, done by the pencil of no less an .artist than the wife of Governor Simcoe. (Papers and Records, O. H. S., Vol. VI., p. 50.)
EPHBAIM WASHBURN was also a volunteer during the Revolution, a Sergeant in the Royal Rangers. He settled on the Bay front, west of Bath. He was a commissary for the giving out of the Government food supplies during the hard times of 1786. He was the father of the Hon. Simeon Washburn, of Picton, at one time a leading business man in the County of Prince Edward, and the father-in-law of the Rev. Robert McDowall, that well-remembered pioneer Presbyterian missionary in the Bay counties, who lived and died in Fredericks- burgh. So said Mr. Casey. He was the first grantee of parts of Lots 4, 5 and 6 in the first concession of Fredericksburgh, although in this patent he was referred to as of Adolphustown. He also had about 1,200 acres in the Township of Hallowell, in the eleventh concession, north-east of the Carrying Place, and some town lots in Kingston. For many years he was member of Parliament for Prince Edward County, and his sessional allowance varied from £22 10s. to £29 10s., as appears by Records of the Quarter Sessions.
GEORGE SINGLETON, who had been a Captain in the Royal Regi- ment of New York, does not seem to have obtained any land in Fred- ericksburgh, but over 2,300 acres were granted to his heirs in the second concession of Huntingdon.
ROBERT KERR appearsjo have been a surgeon in the Royal Regi- ment of New York during the Revolution, but I cannot find out where he located. His name does not appear as patentee for any lands in Fredericksburgh.
PETER VANALSTINE was born at Kinderhook, Albany County, N.Y. From the earliest period he resolved to support the British Government in the impending struggle. In 1776 he was arrested and sent to gaol for seventeen days as a friend of the king. Early in 1777 he had to leave .home, and in September of that year joined General Burgoyne's army. After the Convention of Saratoga he came to Canada. Afterwards, he brought thirty men into the King's army. In 1778 he went to New York and served as Captain of Bateaux-men. Afterwards, he did duty as Mtajor of Associated Loyalists and at Smith Town, Long Island. He seems to have owned considerable real estate in Albany County— this was all seized and declared forfeited.
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Among his farm stock, he enumerated three negroes when making his claim before the Royalist Commission. He was elected to represent Lennox and Prince Edward in the First Parliament of Upper Canada. Philip Borland had been chosen member, but, being a Quaker, he declined to take the oaths, and so the seat was declared vacant. By Lieutenant-Governor Simcoe's proclamation, given at Kingston, 16th July, 1792, the County of Prince Edward and the Township of Adolphustown together sent one representative to Parliament. The rest of Lennox was joined with the Counties of Hastings and North- lumberland, while Addington and the long since abolished County of Ontario sent another. The members received ten shillings each day for their services and this was paid by their constituents. Vanalstine let his remuneration accumulate and the minutes of the Quarter Ses- sions, held in October, 1795, record that he was then voted £28i for his " member's wages " for 1793, and £26 for 1794 and £26 for 1795. Vanalstine settled on the Bay shore on Lot 27, just east of the Dor- lands. In addition to his land in Adolphustown, he was granted a large tract in the opposite Township of Marysburgh, some 437 acres. This included the mountain on which is the well-known, very inter- esting and somewhat mysterious, lake. The Major utilized the stream that tumbles over the rock, and erected there the first grist mill in the township. He died in 1811 and a son of his lived many years at the Stone Mills, Glenora, and also died there. The lake was for a time called Vanalstine' s Lake. Canniff tells us that in the year 1783 a party of Loyalists sailed from the Port of New York (they were under the command of Captain Vanalstine) with a fleet of seven sail and pro- tected by the Brig Hope, of 40 guns. Some of this band had served in the army in an irregular manner; more had been in New York as refugees. Vanalstine, although commissioned to lead this company, it would seem, had not been in the service, was not a military man, but a prominent Loyalist of the Knickerbockers. These refugees, in setting out for the unknown wilderness, were provided with camp tents and provisions, to 'be continued for three years, and with such implements as were given to the disbanded soldiers, as well as a bateau to every four families, after arriving at their place of destina- tion. They sailed from New York on the 8th of September and; arrived in Quebec on the 8th of October. Many were undecided whe- ther to go to the Lower Provinces or on to Canada. A shark followed the vessel for many days, causing no little consternation. At last a child died and was consigned to the deep, after which this grim visitor was seen no more. The Government rations with which they were
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supplied consisted of pork and peas for breakfast, peas and pork for dinner, and for supper one or the other. The party proceeded from Quebec to Sorel, where they spent the winter, living in their linen tents, which afforded but little protection against the intense cold. While they were staying there it was determined to grant them a township on the Bay of Quinte. The first township had been granted to Captain Grass and his party ; the second and third were to be taken by John- son's Second Battalion; so Vanalstine's corps were to have the next. Surveyor Holland was at that time engaged in completing the survey, with his tent pitched on the shores of the fourth township. The party left Sorel on the 21st of May, 1784, in a brigade of bateaux and reached the fourth township on the 16th of the following month. The travellers passed along where now stands the Adolphustown wharf, westward nearly half a mile, and rounded a point known as Hager- man's Point. Here a small, but deep, stream empties itself, having coursed along through a small valley. They ascended this creek for nearly a quarter of a mile and then landed upon its south side. Be- tween the creek and the bay is a small eminence; it was on its slopes that the settlers under Vanalstine pitched their tents. Thus housed, and far removed from the busy haunts of men, this community con- tinued to live for many days. Steps were speedily taken to divide the land by lots. Each drew his 200 acres. Besides this, there was laid out a town plot of 300 acres, regularly divided into town lots of one acre each, and each settler obtained one of these. Alas, the town has not thriven as these early arrivals expected. Canniff tells us that after the magistrates were appointed, Vanalstine claimed the pre-eminence, because he had been the military leader of the company in their jour- neyings, but one Kuttan donned the uniform that he had worn as an officer of the regular army and attended the meeting of the bench, declaring that no one was his superior. Vanalstine submitted. Dr. Smythe told us, in his interesting paper on " Early Law Courts," that Peter Vanalstine and Gilbert Sharp were each fined 30 shillings for absenting themselves, being Grand Jurors, from the Court of Quarter Sessions at Kingston, held on 14th April, 1789. Dr. Smythe says that this was the first court of which he could find any record.
NICHOLAS HAGEBMAN was one of those who followed Vanalstine's lead into Canada. He settled on the lot on which the refugee party landed, and on which the United Empire burial ground is now located in front of the Village of Adolphustown. Canniff says that the spot where his house stood has been washed away. He was a man of much energy and shrewdness ; as to his education, Canniff remarks that " he
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was a man of some education," but Mr. T. W. Casey says, " of not mucn." Read says positively, " he was a man of education." Canniff suggests that he studied law before he left New York. Be that so or no, he was one of the first legally authorized to practice in the new Province, and Adolphustown was his headquarters. By a statute passed in the 34th year of the reign of George III. it was stated that great inconvenience might ensue from the want of persons duly authorized to practice the profession of law in this Province, and then enacted that the Governor might authorize by license under his hand and seal so many of His Majesty's liege subjects (not exceeding sixteen in number) as he might deem, from their probity, education and condition in life, best qualified to act as advocates and attorneys in the conduct of all legal proceedings, and that upon producing such license their names should be inscribed on the proper roll, to be kept among the records of the Court of King's Bench. Nicholas Hagerman was so licensed. He was called to the bar in Trinity Term, 1797", and was one of those who assembled on July 17 at Wilson's Hotel, Newark, for the purpose of organizing the Law Society of Upper Canada; he became a bencher thereof in Michaelmas term, 1799. The Honorable Richard Cartwright, who was at the time a member of the Legislative Council, thus wrote of the sixteen gentle- men made lawyers by the hand and seal of the Governor, Simcoe: " Certain persons who without any previous study or training, and by the mere magic of the privy seal, are at once to start up adepts in the science of the law and proficients in the intricate practice of West- minster Hall. This bill," he continues," was hurried through in a manner not very decent. My proposal to have it printed previous to discussion was overruled with some warmth and blustering, and you will be astonished to hear that a law of such importance, and in con- versation at least disapproved by several members of the lower house, should be pressed through that House without debate and in a single day." ("Life and Letters of Hon. Richard Cartwright," p. 60.) I may add that all the fees these fortunate men had to pay were forty shillings to the Governor's Secretary for the license, and thirteen shil- lings and four pence to the Clerk of the King's Bench when inscrib- ing their names on the list of practitioners. One of Nicholas Hager- man's sons, Christopher, was aide-de-camp to the Governor-General during the war of 1812-14. He studied law and practiced in Kings- ton, was collector of customs here, and for years the member of the city; in 1840 he was appointed Judge of the Queen's Bench, after being both solicitor and attorney-general. His portrait has adorned our
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city hall for many a year, except when it paid a visit to Government House, Toronto, while the original's daughter, the wife of the late Hon. J. Beverley Robinson, presided there. Another son, Daniel, prac- ticed law in Bath, was elected member for the county, and his widow was well known to many Kingstonians. For a time Adolphustown was almost the hub of the Upper Canada universe; the Court of the early days alternated between this village and Kingston, being holden twice a year in each place. The Statute 33 Geo. III., Chap. 6, said on the second Tuesdays of July and January in Adolphustown, and second Tuesdays of April and October in Kingston. The first sittingE was held in the barn of Paul Huff ; this airy and well ventilated build* ing answered beautifully for the summer term, but when the wintei court drew nigh application was made for the use of the Methodist chapel, after some hesitation and some cynical remarks anent turning a house of prayer into a den of thieves the use of that building was granted and there the Court wais held. But this was years after the date of our commission. Dr. Smythe found the name of Mr. Nicholas Hagerman often appearing as counsel at the Quarter Sessions. He says (Queen's Quarterly, 1896, p. 121) that Nicholas and his more famous son, Christopher, were often employed as opposing counsel.
DANIEL WRIGHT. — Mr. Casey said he was an early settler of Marysburgh; he was a sergeant in the 53rd Eegiment; wais granted 750 acres of land, having nine children born to him prior to 1791. The descendants of that family are numerous and respectable both in Marysburgh and Fredericksburgh. The old man lived and died near Cressy. He was a very influential man in that neighborhood for many a day.
ARCHIBALD MACDONNELL led the Foreign Legion, composed of Hessians and a few Irish and Scotch, up in bateaux from Lower Canada to the Township of Marysburgh that had just been laid out on the south side of the bay and named after the Duchess of Glouces- ter, the eleventh child of the king; this was in 1785. There were probably about forty Hessians who settled here ; unacquainted with the English language and unaccustomed to the profound solitude of the forest and the fittings of the dark-skinned Indian often in a state of semi-nudity, it is no reason for wonder if the Hessian felt otherwise than contented in their wilderness home. They knew neither how to fish nor to farm, so that when the government supplies were with- drawn, after the usual three years, starvation began to stare them in the face. All who could escaped to the more settled part of the coun- try, some even finding their weary way back to the Fatherland. Cap-
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tain Archibald Macdonnell, who had served in the 84th Regiment, landed at the cove that now bears his name, and there pitched his tent until he could build his log cabin. He was granted over one thousand acres of land along the bay shore.
WILLIAM MAEST. — I think that the gentleman who so beautifully engrossed the patent that we are considering nodded just here, and that the name should have been written Marsh — I can find no trace of a Marst ; but I do find that in the list of Justices in the Dominion Archives at Ottawa the name of William Marsh, and that a William Marsh was the grantee on a hundred acre lot in Sydney. Judge Fralick, of Belleville, kindly tells me that William Marsh was the second son of the twenty-four olive branches that clustered round the table of Matthias Marsh, who took up a thousand acres in the town- ship of Sidney, near Trenton, and another thousand near Consecon. Matthias Marsh was the son of one Colonel William Marsh, of the British army, who lost his all in the Revolution, came over to Canada, but returning to Vermont — then an independent republic — died there. Mr. A. H. Marsh, K.C., of Toronto, is — I am informed — a descend- ant
J. W. MEYEES. — The commission has it Joseph W. Meyers; the list in the Dominion Archives, John William Meyers; Sabine has it John Waltermeyer (one word); iCianniff, John Walter Meyers; but Judge Fralick — an old Belleville boy — assures me that the correct name was John Walden — pronounced Walten, meaning Woods — and
I that the Walten by degrees became Walter, which name in one form or the other has passed from children to grandchildren, boys and girls. At the beginning of the Revolution, John W. was farming with his father near Albany, and though father and brother identified them- selves (according to Canniff) with the Continental, or Rebel, party, John remained true to the old flag; but it was not until 1782 that lie received his commission as captain from Governor Haldiinand. During the war he, with ten men, made a bold attempt to capture General Schuyler in Albany. One night they peered through the windows and saw the General within, but when they got within he had vanished and they found no trace of him although they searched from cellar to attic. In the garret were a number of puncheons turned upside down ; many of these were examined by the hunters, but not all; when the cruel war was over Schuyler called on Meyers and explained that he had been quietly curled up under one which the searchers had not touched — so says Canniff. Sabine says that when Meyers and his party entered the dwelling they began securing
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the General's plate before they had his person; that he, opening a win- dow, cried out (to imaginary partisans, " Coine on, my brave fellows, surround the house and seize the villains who are plundering," and that this ruse scared away the Tories. On one occasion, in one of his expeditions, he nearly perished from hunger, yet for days he carried in his arms a favorite dog that had fallen sick for lack of food. This he did — oh, tell it not in Gath — not because of his tender heart, but because he knew not when he might want to kill and eat him. He was often employed during the early days of the war in carrying despatches from Canada to New York. Once, when in a friend's house, he was nearly taken prisoner by the rebels; however, jumping out of a window, he rushed for the woods ; he was seen and the enemy on horseback gave chase; to make their way more easily through the underbrush they dismounted and tied their horses and scattered. Meyers crawled out of his near-by hiding place, picked out the best horse, mounted and hied him on his way to New York. He went up the Bay of Quinte about 1787, settled near where Belleville now is, and built the first brick house erected there. The place was called Meyersville, and the river was not then the Moira, but Meyers Creek. He afterwards moved up to Sidney, where he had some three thousand acres of land; however, he returned to Meyersville later. He was a pioneer in mill building, in trading, and in sailing bateaux and schooners up and down the bay.
STEPHEN GILBERT was a prominent and wealthy farmer, anid resided west of Belleville, where descendants of the family have ever since lived. His name frequently appears in the records of the early Quarter Sessions held in Kingston and Adolphustown.
WILLIAM BOWEN lived and died on the most westerly lot in the township of Kichmond fronting on the Bay, just adjoining where the flourishing town of Deseronto now stands. He kept a large tavern there for years. He was fortunate enough to get lot one in the first, second, third and fourth concessions, as well as two in the third, thus forming -a nice little farm of 1,150 acres. There are still numerous descendants of his residing in that locality (says Casey). He was of Irish descent; a lieutenant in the Indian Department, and was a prominent government official among the Mohawks of Tyendinaga for years ; he was popularly known as Captain Bowen — no doubt a militia title. He passed away some fifty years ago.
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EXPLANATIONS AND DESCRIPTIONS.
The District of Mecklenburg was so callecUafter Queen Charlotte of Mecklenburg- Strelitz. On the 24th July, ly 8, Guy, Lord Dorches- ter, issued a proclamation, pursuant to two ordinances passed by the Province of Quebec, establishing four districts in what is now known as Ontario — Lunenburg, Mecklenburg, Nassau and Hesse, and one in the eastern part of old Canada, called Gaspe. Lunenburg, called after the grand-ducal family, of Brunswick-Lunenburg (a branch of the House of Hanover) extending from what is now the western limits of Quebec, to a north and south line intersecting the mouth of the river Gananoque (then called the Thames) above the rifts of the St. Lawrence; secondly, Mecklenburg, extending from Lunenburg to a north and south line intersecting the mouth of the river Trent, and including the several towns or tracts called or known by the names of Pittsburg, Kingstown, Ernestown, Fredericksburg, Adolphustown, Marysburg, Sophiasburg, Ameliasburg, Sydney, Thurlow, Eichmond and Camden, and extending to the north bounds of the Province; thirdly, Nassau (called after the family of William III., of great, pious and immortal memory) extending westerly to a north and south line intersecting the extreme projection of Long Point on Lake Erie; and Hesse (so named after the principality that furnished so many mercenaries for the royal cause during the American Revolutionary war), which district included all the residue of the province in the western or inland parts thereof.
On the same day as this proclamation is dated was the General Commission of Peace for the District of Mecklenburg issued. In the first session of the U. C. House the names of the districts were changed to Eastern, Midland, Home and Western.
" Council." — Under the Quebec Act, 1774, a Council was appointed by the Crown consisting of from seventeen to twenty-three residents of the province, and the members were empowered to make ordinances for the peace, welfare and good government of the province, with the consent of His Majesty or his representative.
" Our Peace." — The peace of the king is that peace and security for life and goods which the king promises to all people under his pro- tection, and for which he is responsible. Originally it meant the im- munity (secured by severe penalties) to all within the king's house, in attendance upon him, or employed in his business, and gradually it has been extended to all within the realm who are not outlaws.
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" Within liberties as without." — A liberty is a place or district within which certain special privileges may be exercised. In " The Princess " we read :
We dropt with evening on a rustic town, Set in a gleaming river's crescent curve, Close to the boundary of the liberties.
" Threats." — By 27 Geo. II., c. 15, any person sending a letter threatening to kill or murder any of His Majesty's servants, or to burn their houses, barns or grain, was to suffer death without benefit of clergy. By 30 Geo. c. 24, any one sending a letter threatening to accuse any person of any crime punishable by death, or other infamous punishment, with the object of extorting money, etc., was to be put in the pillory, publicly whipped, or fined, or imprisoned, or transported for not more than seven years, in the discretion of the court.
" Of whom any one of you the aforesaid Henry Pope, &c., we will shall be one." — These words designate those justices who were of the quorum, i.e., those whose presence is necessary to constitute a bench. Among the Justices of the Peace it was formerly customary to name some eminent for knowledge or prudence to be " of the quorum." The distinction is now practically obsolete, and all justices are generally " of the quorum."
Addison, in the Spectator, remarks, " I must not omit that Sir Eoger is a justice of the quorum." Beaumont and Fletcher, in the " Scorn- ful Lady," spell it " corum."
Of the thirteen esquires named in our commission residing within the district only three were of the quorum, Clark, Washburn and Singleton.
By the way, who can explain why Lord Dorchester did not name any one residing in either village or town of Kingstown (as he calls it in his proclamation) on this commission.
" Security for the peace." — When one makes oath before a Justice of the Peace that he has been assaulted, or that he stand? in fear of his life, or some bodily hurt, or that he fears his house will be burnt and that he doth not demand the peace from any malice or revenge but for his own safety, the J. P. grants his warrant to bring the accused before him, and then security is to be given by recognizance for good behaviour; or in default the party is to be committed to gaol.
"Felonies " are all offences which occasioned in old times a total forfeiture of lands or goods, or both, at common law, and to which capi- tal or other punishment may be superadded according to the degree of
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 71
guilt Old Coke says, of all felonies, murder is the most heinous. Bringing " Buls " into the kingdom was a felony under a statute of Richard II. ; or receiving a 'Jesuit under an act of Elizabeth.
" Poisonings." — Of all kinds of murder poisoning is the most detestable, says Coke, because it is most horrible and fearful to the nature of man, and of all others can be least prevented, either by man- hood or providence. This offence was so odious that by Act of Parlia- ment it was made high treason, and the statute inflicted a more grievous and lingering death than the common law prescribed, viz., that the offender be boiled to death in hot water ; under which statute Margaret Davy, (anno 33 Henry VIII.) a young woman, was attainted of high treason for poisoning her mistress and some others, was boiled to death in Smithfield the 17th day of March in the same year. But this act was too severe to live long and was therefore repealed by 1 Edw. VI.., chap. 12, and 1 Mary, chap. 1.
Old Coke tells us a man may be poisoned in four manner of ways, " gustu, by taste, that is, by eating or drinking, being infused into his meat or drink ; two, arihelitu, by taking in of breath, as by a poysonous perfume in a chamber, or other room; three, contactu, by touching, and four, suppositu, as by a glyster or the like. Now, for the better finding out of this horrible offence, there be divers of kinds of poysons, as the powder of diamonds, the powder of spiders, lapis causticus (the chief ingredient whereof is soap), cantharides mercury sublimate, arsenick, roseacre, &c."
" Enchantments, sorceries, arts magick." — Witchcraft, enchant- ment, sorcery and the practice of magical arts generally went together in the minds of our ancestors. Dorchester says nothing of witchcraft, which is the bargaining with the devil by friendly conference to do whatever was desired by him. He still seemed, however, to fear the other offences. An enchanter was one who by songs or rhymes demonem adjuvat; a conjurer was he who by the holy and powerful name of the Almighty invoked and conjured the devil to consult with him or to do some act; a sorcerer was one who used lots in his intercourse with the devil.
According to the act passed in the first year of King James I.— who was an expert and specialist in the matter of witchcraft — if any person or persons should use, practice or exercise any invocation or conjuration of any evil or wicked spirit, or should consult, covenant with, entertain, employ, feed or reward any evil or wicked spirit, to or for any intent or purpose, or take up any dead man, woman or child out of his,
72 ONTARIO HISTORICAL SOCIETY.
her or their grave, or any other place where the dead body rested, or
the skin, bone, or any part of a dead person, to be employed or used in
any manner of witchcraft, sorcery, charm or enchantment; or should
use, exercise or practice any witchcraft, enchantment, charm or sorcery,
whereby any person shall be killed, destroyed, wasted, consumed, pined
or lamed in his or her body or any part thereof; that then every such
offender or offenders, their aiders, abettors and counsellors, being of any
of said offences duly and lawfully convicted and attainted, should suffer
pains of death as a felon or felons, and should lose the privilege, of
clergy and sanctuary. If any person or persons took upon him or them
by witchcraft, charm or sorcery to tell or declare in what place any
treasure of gold or silver should or might be found, or had, in the earth,
or other secret places, or where goods or other things lost or stolen should
be found or become, or to the intent to provoke any person to unlawful
love, or whereby any cattle or goods of any person should be destroyed,
-or to hurt or destroy any person in his or her body, although the same
'be not affected or done, being therefor lawfully convicted should for
the said offence suffer imprisonment for a whole year without bail or
mainprize, and once in every quarter of said year he should stand in the
pillory upon some market day or fair day and there confess his or her
^error and offence; for the second offence it was death.
The statute of James was repealed by 9 George II., chap. 5, which enacted that no proceedings should be had against any person for witch- craft, sorcery, enchantment, or conjuration, or for charging another with such crimes, and that whoever should pretend to exercise such arts, or should undertake to tell fortunes or pretend by crafty science to discover stolen goods should be imprisoned for one year, stand four times in the pillory, and find sureties as the court should think fit.
It is strange that after the act of George II., Dorchester should have spoken of " enchantments, sorceries and arts magick."
' Trespasses." — A trespass is .an injury committed by one on the person or property of another, with violence, actual or implied ; a kiss snaitched from an unwilling kissee, an entry on another's land, are trespasses.
" Forestalling " is any attempt to enhance the common price of any commodity, or -any kind of an act that has an apparent tendency thereto, whether by spreading false rumors, or by buying things in a market before the accustomed hour, or by buying and selling the same thing^in the same market, or by any such like device; and all such acts are highly criminal at common law. Any such attempt was an offence
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 73
against the public, inasmuch as it apparently tended to put a check on trade, to the general inconvenience of the people, by putting it out of their power to provide themselves with a commodity without an un- reasonable expense.
In 1778 speculators in Canada had run the price of wheat from four shillings a bushel up to ten shillings — equal to about four dollars of our present money. There was plenty of wheat in the country. In MJontreal and Quebec it was hard to make bakers carry on business, because the price of bread was fixed. This state of things continued for a couple of years; the export of wheat was forbidden and Haldi- mand issued a proclamation against forestallers.
" Regrating." — According to 5 and 6 Edw. VI., chap. 2, a regrater is one who obtains in any fair or market any corn, wine, fish, butter, cheese, candles, tallow, sheep, lambs, calves, swine, pigs, geese, capons, hens, chickens, pigeons, conies or other dead victual whatsoever, and sells them again in any fair or market in the same place or within four miles. Salt is a victual within that statute, for it seasoneth and maketh wholesome beef, pork and other victual. Apples and cherries and such like fruit are not within the purview of the statute, because they are not necessary for the food of man.
" Ingrossings." — By the same statute of Edw. VI., whosoever shall ingross or get into his hands by buying, contracting or promise taking (other than by obtaining land or tithes) any corn growing in the fields or any other corn or grain, cheese, butter, fish, or other dead victual whatsoever, to the intent to sell the same >again, shall be reputed an unlawful ingrosser.
" Extortions " refers to the taking of money by any officer by color of his office either when none at all is due or not so much is due, or when it is not yet due; originally it was considered extortion for any sheriff or other officer concerned in the administration of justice to take any fee or reward for doing his office, except what he received from the King. The excessive costs of law had become so great in Canada as to demand the interference of the Government to restrain and adjust it. Carleton had made several efforts <to regulate the fees, but with very inadequate success.
" Eiding With Force."— By 2 Edw. III. it was enacted that no one (unless lawfully authorized) was to go or ride armed by day or by night, in fair, market, nor in <any place elsewhere, upon pain to for- feit their armour to the King, and their bodies to prison at the King's pleasure.
74 ONTARIO HISTORICAL SOCIETY.
i
" Lying in Wait." — Lie in wait — formerly also " lie in await "• as Chaucer hath it:
"These homicides alle That in awayte lyggen to mordre men."
means to lie in ambush.
"Victuallers." — If the newly-made magistrates had desired to know the law as to victuals and victuallers, they would have had to read over forty pages of Hawkins' Pleas of the Crown. Hawkins says that the intention of the Legislature, both in enacting and in repeal- ing the various and numerous statutes on these subjects, in accommo- dation to the exigencies of various periods of time, was to regulate the price of victuals, and to prevent them being constantly raised upon, or improperly introduced to, the public by the respective dealers thereof. He deals with the laws as to the measure of corn, as to the making, size and price of bread, as to beer, butter and cheeses, cattle and butchers, fish, bacon and pork, hay and straw, fruit, honey and wax, coal, etc. Some of the statutes then in force went back to the days of Elizabeth. We find the following entry, made at a Special Session, held in Kingston, Monday, 12th September, 1796 : " The average price •of bread being twenty shillings, it is ordered that the assize of bread for a four-pound loaf of fine wheaten flour be .9 pence, and that a brown loaf, weighing six pounds, be 9 pence currency. The bakers are ordered to mark their loaves with the initial letters of their names."
The assize of bread is the settling the weight and price thereof.
" Weight and Measure." — We may note that apples and pears had to be sold by water measure and by no other measure, and. the meas- ure had to be heaped. In London every barrel of beer had to contain 36 gallons, ale, 32 gallons, while in other places either ale or beer was to be 34 gallons; hay and straw had to be sold in trusses of certain weight, varying according to its being old or new. An Act of 1792 provided that in Upper Canada, after May 1st, 1793, " There should be one just beam or balance, one certain weight and measure, and one yard, according to the standard of his Majesty's Exchequer in England.
" Officials." — Sheriffs, bailiffs, stewards, constables, gaolers and other officers. This sentence had a populous ring about it, but in those days there were none of them round Kingston, save perchance a con- stable and sheriff.
"Indictments." These are written accusations against one or more persons of a crime or misdemeanor, preferred to and presented upon oath by a grand jury.
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 75
" Laws of England." — By 14 Geo. III., ch. 83 (the Quebec Act), all of New France and Newfoundland was during his Majesty's pleasure annexed to and made part and parcel of the Province of Quebec; and as the certainty and lenity of the criminal law of Eng- land and the benefits and advantages resulting from the use of it had been sensibly felt by the inhabitants from an experience of more than nine years, it was enacted that the same ishould be administered and observed as law in the Province of Quebec, as well in the description and quality of the offence, as in the method of prosecution and trial, and the punishments and forfeitures thereby inflicted, to the exclusion of every other rule of criminal law or mode of proceeding therein; subject, however, to any alterations or amendments, a® might be made by the Governor and Legislative Council.
The first statute of Simcoe's first Parliament introduced into Upper Canada the English law in all matters of controversy relative to property and civil rights.
" Fines " are money payments exacted as a punishment of an. offence or a dereliction of duty. Shakespeare says :
44 My blood for your rude brawls doth lie a-bleeding, But I'll amerce you with so strong a fine That you shall all repent the loss of same."
Doubtless the immortal William had experienced both fines and amercements.
" Ransoms " are payments for liberation from restraint or pun- ishment.
" Amerciaments " are pecuniary penalties inflicted upon an offender at the discretion of the Court. They differ from fines, in that the latter are fixed and certain sums prescribed by statute, while amerciaments are arbitrary.
" Forfeitures " are the divesting of property, or the termination of a right, by or in consequence of a wrong, default or breach of a condi- tion ; also the things forfeited.
" Other Means." — The records in the office of the Clerk of tKe Peace in this city show that some of the other means used in those good old days were floggings with forty stripes save one, imprison- ments, the stocks, and labelling a man as a thief, or other transgressor, somewhat after the manner of " The Scarlet Letter."
" Late our Justices of the Peace in the aforesaid District." — We find that Neil McLean, W. R. Crawford, James Parrot, Jeptha Hawley, Peter Yanalstine, and Michael Grass were among those jus-
76 ONTARIO HISTORICAL SOCIETY.
tices who signed the letter from the magistrates at Cataraqui, dated 22nd December, 1786, to Sir John Johnston, Bart., in reply to his circular, requesting suggestions as to the best ways of improving the population, the state of agriculture and the settlement of the King's lands.
"Our Chief Justice of the Court of King's Bench." — William Smith, to whom we will presently refer, was the Chief Justice. William Osgoode was the first Chief Justice of Upper Canada, and, appears to have been appointed in 1792.
The first Justices of the Court of Common Pleas, nominated for the District of Mecklenburg, were John Stuart, Neil McLean and James Clark; but John Stuart being a divine and chiefly concerned about settling the spiritual concerns of the people of the district, at once declined to attend to the arranging of their temporal difficulties. " Our Justices Specially Appointed to Hold the Assizes in the Aforesaid District." — The Records of the Quarter Sessions, under date of 12th October, 1789, show that an Assize was held in that year. It reads as follows : " A Court of Oyer and Terminer having been held for the District of Mecklenburg on the 28th September last, at which all business for this district was settled, the Justices having taken into consideration the great inconvenience that would arise to the good people of the district on being again called together at this time, and the little necessity there was for calling them, as no new business appeared to require it, they therefore declined issuing any precept to summon any jury to attend at this session." Who presided at that Court of Assize ? According to Mr. D. B. Read's " Lives of the Judges," the first Court held by Osgoode, C.J., was in Kingston on 23rd August, 1792.
William Redford Crawford was immediately after the issue of the commission we are considering appointed '.Our Sheriff of the said District of Mecklenburg." He does not appear to have long held the office. Dr. Symthe speaks of one Philip Lansing being sheriff in 1790. He owned land to the north of the city, towards Kingston Mills.
The first " Keeper of the Rolls of Our Peace " of this District was Peter Clark, who held the offices of Clerk of the Court of Common Pleas, of the Peace, and of the Sessions of the Peace. We find from ''' The Memoirs of Colonel John Clark " (0. H. S. Papers, Vol. VII.) that this worthy was the son of a soldier, and began life in the Indian trade at Kingston; afterwards, when Governor Simcoe in 1792 inaug- urated the Government of Upper Canada, Peter was appointed Chief
FIRST COMMISSION OF PEACE FOR DISTRICT OF MECKLENBURG. 77
Clerk of the Legislative Council. He also was connected with the naval establishment in some way, for as such he accompanied the Duke of Kent (the late Queen's father) across Lake Ontario on his way to visit Simcoe at Niagara in 1795. He was the patentee of Lot 3, west of the great River Cataraqui. Clark became involved in a quarrel with one Captain Sutherland, of tke 4th Regiment, and was killed b$ him in a duel at Kingston in 1795.
This would be a good place to apologize to his Excellency the British Ambassador at Washington for our using the name Kingston. We should doubtless have kept to the old Indian word Cataraqui, especially as it is, like the immortal Shakespeare's, a very easy name to spell, there being authority for over fifty ways of writing it. Here are the variations — Cataraqui, Cadarachqui, Cadarachquin, Cadarac- qui, Cadaracquy, Cadarackque, Cadaraggue, Cadaraghie, Cadaragh- qui, Cadaraggqua, Cadaragque, Cadaragquet, Caradague, Cadarake, Cadarakue, Cadaraqua, Cadaraqui, Cadaraquin, Cadaraquy, Cadar- achqui, Cadarogque, Gadarakoui, Cadararuchque, Cadaraque, Cad- arachqui, Cadaracqui, Caderaqui, Caderaquy, Cadraqua, Cadraqui, Catarachqua, Catarachqui, Cataracoui, Cataracouy, Cataraeque, Cat- aracqui, Cataract, Cataracwa, Cataragque, Cataraque, Cataroque, Cat- taraque, Chadarachqui, Kadaraghue, Kadaraghkie, Kadarachque, Kadraghkie, Kalaroqiie, Quadarachqui, Quadraqui, Catarakwee, Cadarakin. And, doubtless, there are others.
" Castle of St. Louis."— From " The Picture of Quebec " (pub- lished in 1829) I quote as follows: " The Castle of St. Lewis is the resident of the Governor, and from its peculiar situation it consti- tutes one of the principal objects of notice, in all views of the city, from Beauport easterly to the Chaudiere. At its base the rock is nearly 200 feet in perpendicular height, and the building on the east is sustained by strong stone buttresses, on which is laid a wide bal- cony, extending along the whole length, and whence the beauties of the northern and eastern landscapes are beheld. The building is of three stories, about fifty-four yards in length and fifteen yards deep, with small wings. Since the last repairs in 1809 its interior is conveniently arranged, and in its superior apartments are tastefully decorated. To it are attached all the buildings suitable and convenient to the digni- fied station of the Provincial Executive Chief. The garden is on the south-west of the castle — in length nearly thirty poles and in breadth from the wall to the Rue des Carrieres about seventy yards. On the opposite side of the street, in front of which stands the monument to Wolfe and Montcalm, is a lot, 100 yards long by 84 broad, which,
78 ONTARIO HISTORICAL SOCIETY.
having been designed as a public walk, was formally planted with trees to shade the pedestrians ; at present, however, it is appropriated as an additional garden for the .service of the Governor. The Castle, by its partial exclusion from sight by the gloomy walls of the buildings in front, loses much of .its impressiveness >and attraction."
Sir Frederick Haldimand built the Castle; fire destroyed it in 1834.
(NOTE. — The reader will please look at the Great Seal of the Province of Quebec (ante) and imagine " the conclusion " of this paper.)
VI.
SOME EVENTS IN THE HISTORY OF KINGSTON. BY W. S. ELLIS, B.A.
(Read at the Annual Meeting of th« O. H. S. at Kingston, July 18th, 1907. )
I.— THE ARRIVAL OF THE FRENCH.
To-morrow, when you have looked over the parapet of Fort Henry, and have enjoyed the view up the river and down; when the actual landscape is spread before you, or, at least, still fresh in memory; when there is the stimulation of new scenes and the buoyancy that comes with fresh breezes and bright sunshine, I shall ask you, in imagination, to view the first water parade on the St. Lawrence. To do so you will have to suppose that Time has rolled back his scroll for two and a third centuries, to a time when Charles II. was still upon the throne of England, when men were flocking to hear Bunyan preach, when Milton was revising his " Paradise Lost " for the publisher, when Pepys and Evelyn were gathering the gossip and sentiment of London taverns to amuse and instruct the twentieth century, when men were yet living on the shore of Massachusetts Bay who had come over in the Mayflower, when Boyle had not yet found that air had weight, or Newton discovered the law of gravitation. You will have to suppose also that the fort has utterly vanished ; that the glacis has reverted to the original rocky promontory with front battle scarred by storm and war, thrust defiantly out into the current; that the height
SOME EVENTS IN THE HISTORY OF KINGSTON. 79
is again thickly wooded, and that everywhere in sight there are only the greens of the forest and the blue of the sparkling waters.
If, then, on the morning of July 12th, 1673, we had been per- mitted, iamid such surroundings, to join a group of Iroquois warriors who were lurking behind tree trunks and boulders upon the hill top and peering down the river, we would have witnessed a display unique even on the St Lawrence, where water carnivals abound, and one that if it could be repeated would bring joy to any canoe club, for even amid our spectacular excitements it would draw admiring crowds from city streete to watch it. Interesting, too, as the event would be to-day it was much more so then, for it took place amid the stillness of the vast wilderness, 150 miles beyond the nearest straggling settlement at Lachine ; but it was chiefly significant in that it marked the advent of the white man as a conqueror and a power on the great inland waters of the continent.
On watch that morning, we would have seen emerge from the island passages a great flotilla of canoes, said to have been 120 in num- ber, that convoyed two brightly painted barges, above which floated the Lilies of France, the symbol of sovereignty wherever they were set up in this New World. There, too, was the Governor from Quebec and all the chief men of the colony, clad in the brilliant vestments charac- teristic of their time and nation, and surrounded by their retinues.
As the pageant drew near we watchers would have noticed, just as the savages did note, the ordered regularity with which the proces- sion came on. First, an advance guard of canoes in double rank and iii squadrons at regular distances apart; right and left of the bateaux flanking divisions were ranged at equal intervals; then the Governor and his staff, while behind was a rear guard again in double rank. This ordered advance was for the purpose of impressing those unseen spectators who the Governor knew were watching his approach, from every point of vantage along the shore that they might decide whether he was a power to be taken seriously or to be met with the contumely that had been the lot of his predecessors. He well understood the awesome effect of great and machine-like regularity of movement on those whose whole experience had been of individual action and of consequent disorder; he well knew the bar- baric love of brilliant coloring and the savage delight in rhythmic noise and rhythmic motion; hence, the oncoming of the fleet in war array, regular of alignment, even of movement, irresistible in its pro- gress, with banners and uniforms and trumpet notes, all designed to make deep the impress that reached the savage mind.
80 ONTARIO HISTORICAL SOCIETY.
As the fleet swept up past Cedar Island and Point Frederick it swung to the right until it reached a point just beyond the present Cataraqui Bridge; here was a little sheltered bay, the mouth of an outflowing creek, with a low, shelving rocky shore, where canoes were pulled up and the weary journey of fourteen days from Lachine came to an end. Last Friday was the two hundred and thirty-fourth anni- versary of that landing; and to-morrow, when you are passing the barrack gate and see the sentry walking his beat, it may not be out of place to recall the fact that 234 years ago the tread of the guard of Frontenac's camp at this place first mingled with the sound of lapping waves, and nightly since that time, with but two brief interruptions, marching footsteps have echoed back from sounding waters. You will then be standing on a few square yards of ground round which clus- ters a fair share of the history, of the romance, and of the final tragedy of New France. Such was the impressive, even if somewhat grim and ominous preliminary to the building of Fort Frontenac and the found- ing of Kingston. Grim and ominous, however, were not wholly out of keeping either with the origin or later history of a place that until a few years ago ranked as one of the three strongest military posts in British America.
II.— FRONTENAC AND LA SALLE.
After the arrival of the French a meeting was arranged with the Iroquois delegation that was encamped on a rocky ledge where the Locomotive Works and Dry Dock are now situated. From the back- ground of flickering shadows about that council fire two figures stand out distinct and large as leaders among men and builders amid the chaotic elements of empire that lay around them. One was the Count of Frontenac, a nobleman of long descent, quick to fight and strong to hate. Among his peers the high bred dignitary, the Governor of New France, the representative of the most powerful king in Europe ; on the journey, a voyageur ready to shoulder a pack at the portage or to push a canoe up the rapids. Endowed with boundless energy he had the capacity for inspiring others, and could get even Indians to work. As a clear-headed, vigorous administrator, he easily takes first place among French governors, and his reputation was such that even the truculent Iroquois dreaded him, for they never raised a fin- ger to disturb the colony during his whole period of office ; yet he was engaged in constant bickerings with his associates, and kept king and council busy arranging his unseemly disputes. He could outdo Big- mouth, the Indian orator, in the bombastic puerilities that passed for
LA SALLE.
lie produced by the kindness of the " British Whiij," Kingston.
Reproduced bit the kindness of ihe "British Wli'uj," Kin>t>
SOME EVENTS IN THE HISTORY OF KINGSTON. 81
eloquence, and at dance and feast could set a pace that only the most agile and enduring could support. He twice rescued the colony from the destruction that seemed inevitable and changed the course of New World history by stemming the hostile tide that threatened to sweep French settlers and French influence alike out of the St. Lawrence basin.
The other of the two was Robert Cavelier, better known as the Sieur de la Salle, from the family estate at Rouen, a man who ranks high among the world's great explorers, yet a taciturn, determined man, whom neither the embarrassments of financial reverses, nor the intrigues of jealous superiors, nor the treachery of plotting rivals, nor the hostility of warring savages could turn from his purpose. Driven on by one supreme impulse that France should dominate the continent, he followed the great central basin from Lake Erie to the Gulf of Mexico, and took possession of it all, so that at his death in 1687, a traveller might have journeyed from the tides of the St. Lawrence to the tides of the Mississippi either by a short portage south of Lake Erie or by another west of Lake Michigan, and all the land by which he passed would have been the land of France, so far as exploration and claims based thereon could give title. A strange ill fortune dogged his footsteps, however, and hindered him from reaping either reputa- tion or reward from his great achievement. Finally misfortune grew into disaster, then a murderer's hand pulled down the curtain on his adventurous life while yet he was in the early vigor of matured man- hood. His body lay unburied in a Louisiana swamp, but the story of his struggles and his successes found safe sepulchre amid the oblivion of official records until rescued and made public by a member of that alien race whose expansion he had so vigorously combatted throughout his whole life.
We are standing to-night on ground that formed part of La Salle' s seigneury, adjoining Fort Frontenac, which was granted to him by the King of France, the first of the kind made in what is now Ontario. To-morrow you will pass over the site of the fort which he built and which stood from 1677 until 1820. This city is more intimately asso- ciated with the career of the great explorer than any other place except one, his headquarters site beyond Lake Michigan; yet it is hardly credible, and certainly is not creditable, that neither in this city or neighborhood is there land or building or street or square or any thing
82
ONTARIO HISTORICAL SOCIETY.
or plaxje, that bears a name in commemoration of the man whose career has given added honor to the city through his connection with it.
III. -WHY FORT FRONTENAC WAS FOUNDED.
Of all the scenes that passed before the men of the fleet that day as they paddled round Point Henry, possibly that which set pulses beat-
AN ANCIENT PLAN INDEED.
Reproduced by the kindness of the "British Whig," Kingtton,
Here is a plan of Fort Frontenac in 1787, taken from Abbe" Foilll^n's "History of Vrlle Marie (Montreal)." The fort building, and the storehouse, stable and garden in front, were the only signs of habitation of the place, save the Recollet church, a small wooden structure, standing two hundred yards west, between the present Princess and Queen Streets, about the location of Andrew Maclean's store. The fort here shown was evacuated and destroyed by Governor Denonville in 1689, and restored by Count de Frontenac on his return in 1695.
ing most quickly and thoughts running most rapidly was the glimpse between the islands toward the western horizon as they came up the river. It might well have called up visions of that fabled West whence
SOME EVENTS IN THE HISTORY OF KINGSTON. 83
strange stories had already begun to filter out through the medium of the bushranger and the fur trader. Priest and explorer had already begun to go that way, and La Salle, Frontenac' s envoy to the Iroquois to-day, had four years since gone far beyond that horizon's rim to where lands slope down the other way and waters run toward a west- ern sea. For two years he had paddled those streams and roamed those forests, led on by that lure which the wilderness has ever had for men of adventurous mind. And this very day on which Count Frontenac is getting his first glimpse of the great lakes, Pere Marquette and his fellow voyager, Joliet, are fifteen hundred miles beyond, paddling down the Mississippi below the present city of Memphis, and two days later, when the Governor will be holding his Indian pow-wow down on the river bank, the good priest will be turning the bow of his canoe up stream to escape the hostile tribes that dwelt where the Arkansas joins the Father of Waters. Some dim realization, then, of the possi-
Ibilities for France that lay beyond that gap may well have set pulses beating and thoughts running in the brain of the Governor. The immediate founding of the fort, however, was due partly to a splendid dream of empire that had its nesting place in the brain of La Salle, partly to the prudent generalship and statesmanship of Count Frontenac, and altogether, so the Montreal fur traders alleged, to the Governor's desire to make illicit gain by abusing the king's prerogative and degrading the high office which he held. Be that as it- may, the dream that dwelt in the brain of La Salle was this: That there should be a !N"ew France, a mighty empire, embracing all that westward country whose fringe he already knew slightly by explora- tion, dimly by tales that reached him concerning it, and still more vaguely by conjecture. Westward it should extend along the great waterways into that far unknown concerning whose limits neither wood runner nor missionary enthusiast had yet brought word. South- ward, too, it should sweep over the great plains whose wonderful rich- ness the Indians had told of, and through which flowed that mighty river so great that whence it came none knew, and none knew whither it flowed. By thus pre-empting the whole interior of the continent with its two great waterways, the St. Lawrence and the Mississippi, he hoped to shut the enemies of France, the Saxon and the Spaniard, into the narrow strip of seaboard plain that lay between the moun- tains and the Atlantic coast, and which stretched from the Bay of
84 ONTARIO HISTORICAL SOCIETY.
Fundy to the Florida Straits. He proposed, also, to make provision so that if at any time in the future a wave of hostile population should overtop the enclosing barrier and flow downward toward the plains it would encounter forts and armed garrisons ready to drive it back into its own preserves again. Such was the plan submitted to Count Frontenac, and the Governor was wise to see its significance and quick to take action to carry it into effect. Manifestly the preliminary work of this empire building would be the establishment of strongholds at strategic points on the great waterways to control traffic, to become supply depots and centres for barter, to offer protection in case it should be necessary to stand at bay, and to serve as bases from which aggressive expeditions might be launched at suitable times against hostile tribes or trespassing neighbors. So a fort for each end of Lake Ontario was decided on.
A second factor, though, that had to be dealt with was the Iroquois' ascendancy and their hostility to the French. It is customary to refer the former to the position which their country occupied as the border- land of two warring nations who were contending for the possession of a continent, and each for the dominancy of a principle to which the other was hostile, so that the Indian alliance would be the deter- mining element in the struggle. But the Iroquois had another advan- tage that is not so generally noted. I think it was Justin Winsor who pointed out that they occupied a country from which the streams flowed outward in all directions, so that they controlled the communi- cations and the trade outlet of the St. Lawrence and the Mohawk, the only two feasible routes of the time. They held the former from the Niagara to the Eichelieu, and its tributaries were the by-ways through their country. The Mohawk valley was the common highway through their land from Lake Erie to the Hudson. At the doors of their vil- lages they could launch their canoes upon streams that would carry them by the St. Lawrence to Montreal or Quebec, by the Hudson to New York, by the Susquehanna to the Delaware bays, by the Alle- ghany and Ohio to the prairies of the central basin, and by the great lakes to the Huron villages on Georgian Bay or the country of the Illinois beyond Lake Michigan. They thus held control of the traffic of the whole lake basin and of the upper Mississippi valley, except the driblet that found its way from Mackinac by the Ottawa route,
SOME EVENTS IN THE HISTORY OF KINGSTON.
85
and they turned that trade over to the French at Montreal or the
English at Albany, as they chose, and generally they chose the latter.
Even in those days when the birch bark was the only freighter,
Riviere de Frontenac
c
Oil
CATARAC0VI
A PLAN 140 YEARS OLD.
Reproduced by the kindness of the "British Whig," Kingston.
This is a reproduction of a plan of Port Frontenac in 1754, given by the writer of the memoirs of the French occupation from 1750 to 1760, supposed to be Captain Vanquelin, of the navy of France. The plan was evidently made from memory by a poor draftsman, as the representation is far from perfect as to ground lines. But it is quite interesting as showing the character of the fort and buildings. It will be noticed that the great Gataraqui originally bore the name of the River Frontenac.
when the paddle had not yet been supplanted even by the sail, and when the cargo was always a pack of dried skins in the bow of the canoe, the problem of rival routes to the coast was pressing for solu-
86
ONTARIO HISTORICAL SOCIETY.
tion. Then, as now, opposing nations held the outlets ; and ports on the Atlantic seaboard and ports in the St. Lawrence valley were striving to control the output of the lake basin and tributary districts. Through all the changes of time and circumstance the struggle for the export carrying trade is the same as it was when Count Frontenac settled the matter for fifty years by permitting no rivals to enter his field of supply. The reason for the persistence of this problem is that from Hudson Bay to Georgia there are but two natural inlets to the central part of the continent. One of these is the St. Lawrence, which needs no further mention. The other is due to the fact that in some past geologic age a mighty river flowed southward through New York State and cut a great chasm in the rocky crust. Later the whole area sank until that river bed is below tide level, and for 150 miles from New York Bay to Albany this would be an arm of the sea if it were not a part of the continental drainage system, so kept filled with fresh water. This would be of no interest in itself, but from the head of this ravine a great level valley stretches for four hundred miles to Lake Erie, and in all that distance there is a rise of scarcely five hundred feet. Here in the old days of Iroquois supremacy was the land of the Mohawks, and the river of the Mohawks still flows in its bottom lands. Here of old the trapper coming down the lake with his beaver skins either took the St. Lawrence to Montreal or turned the head of his canoe up the river of the Onondagas, portaged over to the Mohawk, and thus reached the seaboard; and the price received determined the route. To-day the point of divergence has been shifted to Lake Erie, but the ways are the same as when Fort Frontenac was built to control the inland traffic and secure it for French merchants.
THE END.
Over on the south shore an Englishman had established a trading post at the mouth of the river of the Onondagas in 1722. About the middle of the century this had grown into the formidable Fort Oswego, a rival of the one on the Cataraqui, and peltries again went to Albany to the chagrin of French fur traders. In these days, how- ever, great events were rapidly chasing one another. In 1751 the first armed vessel on Lake Ontario was built at Fort Frontenac, a three- masted ship equipped with heavy cannon; and the fort became a very important supply depot for the western posts, both as a storage place
SOME EVENTS IN THE HISTORY OF KINGSTON.
87
for materials and as a garrison reserve quarters. In 1756 Montcalm fitted out here an expedition of 3,000 men for the capture of Fort Oswego. This force was conveyed in boats over past the head of
REFERENCES
A«GovTHousE
B 'LOTS RES"."
G- INDIAN STORE
D-SCHDDLHOUSE
E- • • MASTERS F «RES Y^.p <*' " • •• QUARRY H-R)RTFRDNTENAC
1796
Reproduced by the kindness of the " News," Kingston.
Wo]fe Island to the south shore, thence along the coast to its destina- tion. Without much difficulty the stronghold was captured, and the French secured 1,400 prisoners, together with a great quantity of sup-
83 ONTARIO HISTORICAL SOCIETY.
plies, thus wiping out every vestige of English power on Lake Ontario, Then La Salle's empire seemed nearest its realization, for Trench posts dominated alike the St. Lawrence and the Mississippi. But " the ancient game of war" was being played on the borders of French Canada with a vigor that had not hitherto characterized it; and one of the moves that counted much in the final reckoning was made by a certain Colonel Bradstreet, a New England militia officer, who had transported a great convoy of stores to Oswego shortly before its cap- ture, and had fought his way through an intercepting French force that had attempted to bar his return. Montcalm got the provisions, and Bradstreet gained an experience which enabled him to form a plan for the capture of Fort Frontenac; but for two years interest was centred on the events by Lake George and on the Atlantic coast. Montcalm, hard pressed for soldiers, had drafted off the garrison until scarcely a hundred men were left to guard the fortress, which con- tained a very large quantity of supplies, and had nine armed vessels anchored under its walls. In 1758 Abercrombie, who commanded the English army on the Hudson, gave Bradstreet 3,000 men and the necessary equipment to carry out his plan. On August 22nd they launched their boats at the mouth of the Oswego River, where black- ened ruins marked the position of the British stronghold that had been blown up two years before. Three days later a landing was made within a mile of Fort Frontenac. Next day a breastwork was thrown up which ran from the water's edge east of the C.P.R. station, across the site of the city hall and westward through the market square to the corner of Brock and King Streets. Here guns were mounted, and at the short range of a couple of city blocks, the English began to knock Fort Frontenac to pieces. The French commander decided that the contest was hopeless and surrendered everything on August 27th, 1758. Then the Lilies of France ran down from the flagstaff where eighty-five years before Count Frontenac had hoisted them on that July day when his fleet of canoes rounded into the little wooded bay on the " Kataracoi." Henceforth another symbol of sovereignty will float above the post.
Then the first chapter in the history of Kingston was closed. The wilderness again resumed its own, and green woods grew down to the margin of the blue waters; but the record of the post on the Cataraqui was written large in the annals of French Canada, so that neither
SOME EVENTS IN THE HISTORY OF KINGSTON. 89
wilderness nor foe could obliterate the memory of a fortress that Frontenac had founded, that La Salle had owned, that Denonville had wrecked, that Shirley had threatened, that Montcalm had commanded, that Bradstreet had captured. Soon the name New France was wiped from the map, and the empire that La Salle dreamed of passed to those Saxon foes that refused to be shut between the Adirondacks and the sea. To me a man of that alien race, reared amid other teachings, there is something extremely pathetic in the outcome of the long struggle that was carried on for France in the New World. However much we may rejoice that fate rung down the curtain of national life upon the St. Lawrence rather than upon the Hudson, we cannot but feel regret that the splendid courage, the brilliant daring, the initia- tive and the perseverance of those who bore the brunt of that struggle should have been doomed to final disaster. Probably only in Montreal and Quebec is the pathos of the tragedy of the St. Lawrence valley more pronounced than it is on this spot where we are assembled