'"^mm iiijillllllli^^^ CaTfS 'M. THE LIEUTENANT-GOVERNORS OF UPPER CANADA AND ONTARIO 1792-1899. BY D. B. READ, Q.C.. Author of " The Life of Governor Simcoe," " The Lives of the Judges," " The Life and Times of Sir Isaac Brock," " The Rehellion of 1837," etc. IVM 22 full-page Portraits by J. E. Laughlin. TORONTO: WILLIAM BRIGGS, Wesley Buildings. 1900. Entered according to Act of the Parliament of Canada, in the year one thousand nine hundred, by William Briggs, at the Department of Agriculture. I dedicate these sketches OF THE Lieutenant-Governors of this Province, TO Sir ©liver flDowat, Ik. (1.(10.6., himself a WORTHY SUCCESSOR OF A long line of brave and distinguished Sons of the Empire ; feeling that his eminent worth, and our life-long friendship, justify me in regarding him as a canadian to whom is due my highest respect. D. B. READ. Toronto, Dec. 27th, 1899. INTRODUCTION. It was not my intention when I had completed "The Life and Times of Major-General John Graves Simcoe,'' and the past governors of the old Province of Upper Canada, to further pursue the investigation of the history of Canadian governors; but the favorable reception that volume received at the hands of the public has encouraged me to continue my writing of the series of lieutenant-governors frora Simcoe's time to the incumbency of the present occupant of the office, Sir Oliver Mowat. I am certain that all Canadians will take an interest in a connected historical account of the rulers that have been set over them for the last hundred years. A mere biographical sketch would hardly answer the purpose, so I have combined something of the political history of the governors with biography in order to convey a better idea of the men who have held so prominent a position as that of lieutenant-governor of this Province of the Dominion of Canada. Before the union of the Provinces of Upper Canada VI INTRODUCTION. and Lower Canada, in 1841, the lieutenant-governors and the administrators of the Government who were appointed as official heads of the State during the periods intervening between the retirement of one governor and the appointment of his successor, had much more power than the governors of the present time. I have therefore included sketches of those administrators in the series of executive officers in this volume, as in more cases than one the adminis trators and provisionally appointed governors, in the performance of their duties, rendered very essential service to the Province whose affairs for the time being were committed to their hands. In entitling the chapters I have followed the plan of giving to each of the Governors or Administrators his official designation in use during his term of office. Many of the governors and administrators received subsequent honors and rank, and many had military rank while holding office, but in filling the civil post of chief magistrate of the Province, the military rank was not regarded. Up to 1878 the lieutenant-governors were designated as His Excellency; after that date, as His Honor. Special acknowledgment is made to Mr. Alfred Sandham, Toronto, for permission to make duplicates from his admirable collection of portraits of the lieu tenant-governors, as well as of their autographs, which form a feature of this volume. PREFACE. The translator of Suetonius's " Lives of the Twelve Caesars " says in the preface to his work : " Of the several sorts of history, biography is perhaps most adapted to perform the double service of administering at once delight and profit. For, though the general history of a nation, being more extended, and neces sarily comprehending in it a far greater number and variety of events, may promise a higher pleasure and more diversified entertainment to the reader, yet biog raphy, being restrained within a narrower limit, has this particular advantage, that the series of the action is embraced by the understanding with greater ease, and the instructions which arise from the most remarkable occurrences in the life of a single person are more directly and naturally applied than when the attention is dispersed through the affairs of a whole people." These words, written in 1727, have more force now than when first published, since the vastly increased number of events happening every day makes it neces sary to have recourse to biography to engage the Vlll PREFACE. attention of readers, which in a general history would be distracted by the very number of historical occur rences. In the " Lives of the Lieutenant-Governors of Upper Canada and Ontario" I have endeavored to steer a middle course, giving to each governor so much of his political history as it is necessary to know without trespassing on the domain of biography in its essential feature of individual character. Without presuming to say I have hit the happy mean, I launch my bark upon the waters trusting to an indulgent public to give it protection in its hazardous voyage. The more one makes himself familiar with the history of the governors of a state or country, the more he will become acquainted with the country itself. Ontario, which, under the name of Upper Canada, is the author's native province, has reason to take a pride in having had as lieutenant-governors men of sterling integrity and worth, fit representatives of the constitutional government under which they lived. That it may be always so must be the ardent wish of every lover of his country. D. B. Read. CONTENTS. CHAPTER I. JOHN GRAVES SIMCOE, LIEUTENANT-GOVERNOR. PA8E Establishment of Upper Canada, 1791 — Simcoe first Governor — Birth and early education — Eton — Oxford — Enters Army — Revolutionary War — Queen's Rangers— Campaigning in the Jerseys — Capitulation of Yorktown — Marriage — Member of Parliament for St. Maws, 1790 — Canada in 1791— Govern ment organized 1792 — The Miami Forts affair— Visit to Brant — Government of St. Domingo, 1796 — Portuguese Com mission, 1806 — Monument in Exeter Cathedral 19 CHAPTER II. PETER RUSSELL, PRESIDENT. Family connection — Secretary to Sir Henry Clinton — Residence on Palace Street — Russell Abbey — Land grants by the Ad ministrator — Miss Russell — First Parliament Buildings — Slave holding in Canada — Russell Square 33 CHAPTER III. PETER HUNTER, LIEUTENANT-GOVERNOR. Scottish descent — Military life — Service in Revolutionary War — Disciplines the officials — York Market established 1803 — Provincial Bar established — Visit of Duke of Kent — Enlarg ing Parliament Buildings — Death and burial at Quebec 41 X CONTENTS. CHAPTER IV. ALEXANDER GRANT, PRESIDENT. PAGE Born 1734 — Enters Navy — Service in Canada, 1759 — Enters the naval service of the lakes — First Commodore of western waters — Appointed Administrator — Judge Thorpe — Quarrels with the Assembly — Reporcs to Lord Castlereagh — Married, 1774— Descendants- Dies in 1813 52 CHAPTER V. FRANCIS GORE, LIEUTENANT-GOVERNOR. Formerly Lieutenant-Governor of Bermuda — Born 1769 — Re lated to Earl of Arran — Army life — Marries in 1803 — Bermuda, 1804 — Arrives at York, August 27th, 1806 — Judge Thorpe's agitation — He enters Parliament — Government complains to Home Office — Judge Thorpe removed and sent to Sierra Leone — Surveyor-General Wyatt suspended — Re covers damages against Gore — Gore takes leave of absence 1811 67 CHAPTER VI. SIR ISAAC BROCK, PRESIDENT. SIR ROGER HALE SHEAFFE, PRESIDENT. SIR FRANCIS DE ROTTENBURG, PRESIDENT. SIR GORDON DRUMMOND, PROVISIONAL LIEUTENANT- GOVERNOR. SIR GEORGE MURRAY, PROVISIONAL LIEUTENANT- GOVERNOR. SIR FREDERICK PHIPPS ROBINSON, PROVISIONAL LIEUTENANT-GOVERNOR. Brook meets Legislature, February 3rd, 1812 — War with United States — Falls at Queenston Heights October 13th, 1812 — Sir Roger Sheaffe's military career — Takes command at Bat tle of Queenston Heights — Created Baronet in reward — Evacuation of York, April, 1813 — Succeeded by Sir Gordon CONTENTS. XI PAGE Drummond — Born, 1771, at Quebec — Serves in the Low Countries — Canada, 1813 — Storming of Fort Niagara — Battle of Lundy's Lane — Attacks Fort Erie — Resigns, 1816 — Death in ]85i. Sir George Murray — Birth and education — Dis tinguished army life — Peninsular war — Canada in 1815 — Arrives at York and takes oath of office — Leaves Canada — Governor of Edinburgh Castle, 1818 — Sandhurst — Colonial Secretary under Duke of Wellington — Death, 28th July, 1846. Sir Frederick Phipps Robinson, Governor, July 1st, 1815 — Related to Chief .Justice Robinson — Serves till Gov ernor Gore's return in 1816 81 CHAPTER VII. LIEUTENANT-GOVERNOR GORE. (Second Administratimi. ) Governor Gore returns to Canada — Arrival at York — Address of welcome — Meets Parliament February 6th, 1816 — Quarrels with Legislature — Retires April ISth, 1817 — Deputy Teller of Exchequer, 1818— Club life — Friendship with Marquis of Camden— Dies November 3rd, 1852 101 CHAPTER VIII. SAMUEL SMITH, ADMINISTRATOR. Bom on Long Island, 1756 — Serves in Revolutionary War — Joins Queen's Rangers — U. E. Loyalist — New Brunswick, 1792 — Colonel of Rangers — Takes up land iu Etobicoke — Executive Councillor, 1815 — Administrator, 1818 — Meets Parliament February 5th, 1818— Death, 1826 Ill CHAPTER IX. SIR PEREGRINE MAITLAND, K.C.B., LIEUTENANT- GOVERNOR. Bom, 1777, in Hampshire — Enters army at fifteen — Serves in the Low Countries and Spain — Command of Brigade at Waterloo — Elopes with Lady Sarah Lennox — Forgiven by the Duke of Richmond — Lieutenant-Governor of Upper Canada, xii CONTENTS. PAGE January 3rd, 1818 — Duke of Richmond Governor-General — Death of Duke of Richmond — Robert Fleming Gourlay prose cuted for libel and acquitted — Contest with Governor Mait- land — Governor's residence at Stamford — William Lyon Mackenzie assails Government in Colonial Advocate — First copy inserted in Brock's Monument — Governor orders re moval — Destruction of second Parliament Buildings — The destruction of the Mackenzie printing office — Action against rioters — Dispute with Assembly — Governor censured — Recall in 1828— Subsequent life 116 CHAPTER X. SIR JOHN COLBORNE, K.C.B., LIEUTENANT-GOVERNOR. Educated at the Blue Coat School — Service in Holland, Egypt and Italy — Under Wellington, 1809 — In Peninsular War — Marriage in 1814 — In command of regiment at Waterloo — Lieutenant-Governor of Guernsey — Canada iu 1828 — Ad dresses of dissatisfaction — Case of Francis Collins — Judge Willis — Removal by Governor Maitland — Mackenzie's Grievance Resolutions — Establishment of Upper Canada College — New Parliament Buildings, 1826 — Assembly de clares want of confidence, 1830 — Governor approves of Min isters — Bitter party warfare — Dissolution of Parliament — Reformers defeated in elections — Mackenzie expelled from the House — Departs for England in 1832 — Asiatic Cholera — Incorporation of Toronto — Mackenzie first Mayor — The Seventh Report on Grievances — Lord Goderich's answer — Governor retires — Leaves for England — Stopped at New York — Commander-in-Chief of Canada during Rebellion — England in 1839 — Elevation to Peerage with life pension — The Ionian Islands — Commander-in-Chief of Ireland — Field- Marshall — Monument at Plymouth 130 CHAPTER XL SIR FRANCIS BOND HEAD, BARONET, LIEUTENANT- GOVERNOR. Born 1793 — Serves on the Continent — Exploration in South America — Retired on half-pay — Poor Laws Commissioner — CONTENTS. xm PAGE Marriage — Appointed Lieutenant-Governor — Arrival at Toronto — Meets Legislature — Communicates his instructions — Dissatisfaction of Assembly — Trouble as to the Legislative Councillors — Baldwin, Rolph and Dunn — Resignation of Executive Council — New Council appointed — Assembly pro tests — House dissolved — Elections of 1836 — A victory for Government — Satisfaction of Home Government — Head rewarded with Baronetcy — Financial stringency — Head refuses to elevate Bidwell to Bench — Sends in resignation — Rebellion breaks out — Attack on Toronto — Defeat of rebels — Navy Island — Mackenzie's Provisional Government — Sir Francis leaves for England — Subsequent life in England .... 153 CHAPTER XII. SIR GEORGE ARTHUR, K.C.H., LIEUTENANT-GOVERNOR. Birth — Service in Italy and Egypt — Lieutenant-Governor of Honduras, 1814 — Van Diemen's Land, 1823 — Succeeds to Government of Canada — Lount- Mathews execution — Sup pression of the Rebellion — Windmill and Windsor affairs — Retires 1841 — Governor of Bombay — Subsequent Life in England 192 CHAPTER XIII. RIGHT. HON. CHARLES EDWARD POULETT THOMSON, LIEUTENANT-GOVERNOR . Son of a London merchant — Born 1799 — Mercantile pareer — Enters Parliament 1826— Vice-President Board of Trade 1830 — Cabinet Minister 1835 — Governor-General of Canada 1839 — Lieutenant-Governor of Upper Canada — Session of 1839-40 — Returns to Montreal— Created Baron Sydenham — Opens first parliament of United Canadas — Fatal accident — Death — Personal Characteristics 201 XIV CONTENTS. CHAPTER XIV. MAJOR-GENERAL HENRY WILLIAM STISTED, C.B., LIEUTENANT-GOVERNOR. PAGE First Governor after Confederation — Succeeds General Napier in military command — Service in Afghanistan and in Mutiny — Appointed July, 1867 — Township of Stisted named after — Colonel of 93rd Highlanders— Dies, December, 1875 204 CHAPTER XV. HON. WILLIAM PEARCE HOWLAND, C.B., LIEUTENANT- GOVERNOR. Of Quaker descent — Born in New York — Emigrates to Canada — Merchant in Toronto Township — Member for West York, 1857 — Minister of Finance, 1862 — Receiver-General in Mac- donald-Dorion Government — Postmaster-General and Finance Minister till Confederation — Succeeds General Stisted — Bay Verte Canal Commissioner — Business career 207 CHAPTER XVL HON. JOHN WILLOUGHBY CRAWFORD, LIEUTENANT- GOVERNOR. Born in Ireland — Education for the law — Partnership with the Hou. Henry Sherwood and Mr. Hagarty — Lieutenant-Colonel in Militia — Member for East Toronto, 1861 — Member for South Leeds, 1867 — Appointed Lieutenant-Governor, 1873 — Marriage and family — Death, 1875 214 CHAPTER XVII. HON. DONALD ALEXANDER MACDONALD, LIEUTENANT-GOVERNOR. Born at St. Raphael's — Contractor on Grand Trunk — Member for Glengarry, 1857 — Postmaster-General in 1872 — Lieutenant- Governor of Ontario, 1878 — Personal characteristics — Subse quent life— Dies 1896 218 CONTENTS. XV CHAPTER XVIII. HON. JOHN BEVERLEY ROBINSON, LIEUTENANT- GOVERNOR. PAGE Of U. E. Loyalist descent — Educated at Upper Canada College — Aide-de-camp to Sir Francis Head during Rebellion — Mission to Washington — Called to the Bar — Marriage — Municipal politics — Member for Toronto, 1858 — President of Council, 1862— Member for Algoma, 1872, and Toronto, 1878— City Solicitor — Lieutenant-Governor, 1880 — Personal character istics — Sudden death — Hon. John H. Hagarty and Hon. John G. Spragge, Administrators 221 CHAPTER XIX. HON. SIR ALEXANDER CAMPBELL, K.C.M.G., LIEUTENANT-GOVERNOR. Born in England — Enters Law Society — Partnership with Mr. John A. Macdonald — Alderman in Kingston — Bencher of Law Society, 1857 — Legislative Councillor, 1858 — Speaker of Council, 1863 — Commissioner of Crown Lands — Senator, 1867 — Postmaster-General — Treaty of Washington — Minister of Interior — Leader of Opposition in Senate, 1873 — Receiver- General, 1878 — Lieutenant-Governor of Ontario, 1887 — Dies 1892— Hon. Thomas Gait, Administrator 229 CHAPTER XX. HON. GEORGE AIREY KIRKPATRICK, LIEUTENANT- GOVERNOR. Bom at Kingston — Called to the Bar — Service in militia — Mem ber for Frontenac, 1870 — Parliamentary service— Speaker of Fifth Parliament — Director of Canadian Pacific Railway Company — Lieutenant-Governor of Ontario, 1892 — Social duties— Knighted 1897— Dies 1899— Col. Gzowski, Adminis trator 235 XVI CONTENTS. CHAPTER XXL HON. SIR OLIVER MOWAT, G.C.M.G., LIEUTENANT- GOVERNOR. PAGE Born in Kingston — Admitted to Law Society — Articled to Mr. John A. Macdonald — Law partnership with Messrs. Burns & VanKoughnet — Alderman in 1857 — Statute Commissioner, 1856 — Member of Parliament for South Ontario, 1857 — Sec retary of State, 1858 — Postmaster-General, 1863 — Confedera tion Conference — Vice-Chancellor, 1864 — Resigns 1872 — Premier of Local House twenty-three years — Acquisition of New Ontario — Legal Reformer — Resigns from Provincial House, 1896 — Minister of Justice — Lieutenant-Governor, 1897 240 APPENDIX. Autographs of Lieutenant-Governors and Administrators whose portraits do not appear in the volume 255 PORTRAITS. John Graves Simcoe Frontispiece Hon. Peter Russell 33 Erancis Gore 67 Sir Isaac Brock 81 Sir Roger Hale Sheaffe 86 Sir Gordon Drummond 90 Sir George Murray, G.C.B. 95 Sir Erederick Phipps Robinson 99 Samuel Smith 111 Sir Peregrine Maitland, K.C.B. 116 Sir John Colbornb, K.C.B. 130 Sir Francis Bond Head, Baronet 153 Sir George Arthur, K. CH. 192 Lord Sydenham (Poulett Thomson) 201 Majoe-General Henry William Stisted, C.B. 204 Hon. Sir William Pearce Howland, C.B. 207 Hon. John Willoughby Crawford 214 Hon. Donald Alexander Macdonald 218 Hon. John Beverley Robinson 221 Hon. Sir Alexander Campbell, K. C.M.G. 229 Hon. Sir George AIrey Kirkpatrick 235 Hon. Sir Oliver Mowat, G.C.M.G. 240 2 THE LIEUTENANT-GOVERNORS OF UPPER CANADA AND ONTARIO. CHAPTER I. JOHN GRAVES SIMCOE, LIEUTENANT- OOVEBNOR. Canada fell into the hands of Britain after the fall of Quebec, where Wolfe so gallantly led the attack in a contest that resulted in half a continent being added to the Empire of Great Britain. This was in 1759, and from the time of the peace of 1763 until 1791 the whole country was governed as the Province of Quebec. After the American Revolution there was a large exodus of what has been called the United Empire Loyalists into Canada, and these hardy and intrepid settlers began to form settlements and take up land in the western part of the Province. They were devoted to English laws and institutions, and it was soon seen that they would not easily submit to the French laws and customs which then obtained in Canada. The British Ministry saw that the time had come to divide the country, keeping what was to be called Lower Canada for the French and giving Upper Canada to the British. The Canada Act of 1791 was accordingly introduced and passed in the 19 20 THE LIEUTENANT-GOVERNORS. House of Commons, establishing the new province west of the Ottawa. For the Province of Upper Canada a governor had now to be appointed, and for this office no better man was available than the distinguished officer, Colonel John Graves Simcoe. Simcoe had served with dis tinction in the Revolutionary War, and when the new Republic of the United States was established had as sisted many loyal emigrants who, persecuted on account of their adherence to Britain's cause, and with estates forfeited for having carried arms on her behalf, sought in the Canadian wilderness a refuge from the repub lican tempest blowing so fiercely to the south. Simcoe was a member of the Parliament which passed the Imperial Act, and had acquired his knowledge of parliamentary procedure and of statecraft under the tutelage of those two great statesmen, William Pitt and Charles James Fox. He had indeed taken some part in the debate in the House of Commons which resulted in the enactment of the Canada Bill. He had further qualifications for the post to which he was appointed. As commander of the Queen's Rangers throughout the Revolutionary War he had shown his aptitude for command, a penetration which had been most service able to the British cause in many emergencies, a loving care for those who served under him, and adminis trative capacity that could not but command the respect of his superiors. Beyond and above all this he had endeared himself to all those who took part with him in the conflict which resulted in the independence of the United States. Some idea of his popularity and acceptability to Canadians in his new office of governor JOHN GRAVES SIMCOE. 21 may be gathered from the manner in which he was received at Johnstown on his first setting foot in the Province, in 1792, to take upon himself the responsibility of governing Upper Canada. There he was received by the inhabitants with a salvo of artillery, the ordnance for the occasion being an ancient cannon obtained from the old French fort on the island below Johnstown. Soon after the Governor left on his journey up the river, the gentry of the surrounding country, in their queer old broad-skirted military coats, their low tasselled boots, their looped chapeaux, with faded feathers fluttering in the wind, collected together, retired to St. John's Hall, and there did honor to the occasion in speech making and health drinking, as was the custom of the time. In the speech making. Colonel Tom Eraser said, " Now I am content — content, I say — and can go home to reflect on this proud day. Our Governer, the man of all others, has come at last. Mine eyes have seen it — a health to him, gentlemen — he will do the beat for us." Simcoe, whose father was commander of His Majesty's ship Pembroke, and who lost his life in the Royal service in the important expedition against Quebec in the year 1759, was born in 1752. His father had while on service been taken prisoner by the French and carried up the St. Lawrence, and thus had obtained a know ledge which enabled him to make a chart of that river and conduct General Wolfe in his famous attack on the citadel of Quebec. Naturally, therefore, we find him inheriting a spirit which only needed the events of the American Revolution to produce mature development. After the death of Commander Simcoe his widow 22 THE LIEUTENANT-GOVERNORS. resided at Exeter, in England, and young Simcoe was sent to the Free Grammar School of that town, and from there, at the age of fourteen, to Eton. Thence he removed to Merton College, Oxford, where his classical education was completed, and where he acquired a love of Tacitus and Xenophon which made them his constant companions in after life. By the age of nineteen he had entered on his career, obtaining then a commission as ensign in the 35th Regiment of the line. He had been but three years in the army when his regiment was despatched to America to assist in quelling the rebellion of the colonists, and he landed at Boston on the day of the battle of Bunker Hill, June 17th, 1775. Soon after this he was promoted to command a company in the 40th Regiment, and was with it at the battle of Brandy- wine, when General Howe defeated General Washington and became master of Philadelphia. Captain Simcoe in this battle so distinguished himself that he was marked out for promotion, and in the following October, having attained his majority in the meantime, he was made second in command of the Queen's Rangers. This regi ment, originally raised in Connecticut and around New York by Colonel Rogers, and sometimes called Rogers' Rangers, was a provincial corps of light cavalry of Loyalist Americans, with attached companies of light infantry, and was originally about four hundred strong. It had done valiant service, and was severely cut up at Brandywine, and was now recruited with gentlemen of Virginia and young men of the regular army. On re ceiving his commission, on October l7th, 1777, Major Simcoe joined his regiment, then stationed at German- town, now a suburb of Philadelphia. Soon after the JOHN GRAVES SIMCOE. 23 regiment was moved to New York, when recruiting was vigorously prosecuted in order to bring the regiment up to the required strength. During the war a company of Highlanders and a company of Irish were added to the infantry wing of the regiment, and at full strength it numbered five hundred and fifty infantry, and was one of the most efficient and active corps in the service, the companies being swift of action and adepts at ambuscade and stratagem. Until the early summer of 1778 the regiment was under command of Colonel Mawhood, and in March of that year took part in a successful expedition into the Jerseys, where they defeated a strong body of rebels under command of a French officer, who was taken prisoner. On the recall of General Howe, and upon Sir Henry Clinton taking command of the army. Major Simcoe was promoted to the command of the regiment, and at the same time was given the colonial rank of lieutenant-colonel. Marching through New Jersey in June, 1778, the Rangers encountered a force of seven or eight hundred Americans under Baron Steuben, of the American army, and General Dickenson, in command of the Jersey militia. In the engagement Colonel Simcoe was wounded. After the close of the summer cam paign the Rangers wintered at Oyster Bay, Long Island. During the campaign of 1779 the Rangers were principally occupied in endeavoring to keep down the rebels in the Jerseys, but in October, in an expe dition near Brunswick, Simcoe was ambuscaded, had his horse shot under him and himself taken prisoner, and was kept prisoner, undergoing considerable hard ship, until the end of the year, when he was exchanged 24) THE LIEUTENANT-GOVERNORS. and rejoined his regiment at Richmond. He served with his regiment until after the capitulation of York- town, in October, 1781, and his health being bad, was invalided home on parole, and on his arrival home his rank of colonel in the provincial was confirmed in the regular army. He was released from parole in January, 1783, and from that time until 1791 lived in retirement in England. Soon after his return to England he married Miss Guillem, a relative of Admiral Graves, who had been in command of the naval force at Boston during the Revolutionary War. She was an accomplished lady, and a talented artist and draughtswoman. Some of her sketches, made during her residence in Upper Canada, are still preserved as the only memorial of certain of the old notable buildings of the day. In 1790 Colonel Simcoe was elected member of Par liament for the borough of St. Maws, Cornwall, and one of the first debates after he had taken his seat was that of April, 1791, when the Quebec Government bill was introduced by Mr. Pitt, and was vigorously opposed by Mr. Fox. It was over the constitution formulated by this Act that many and bitter contests were waged by Papineau, Mackenzie and other leaders of the rebellion of 1837. From the time of the introduction of the bill constant objection was made to the Legislative Council — the second chamber, appointed by the Crown — that, too frequently to please the aggressive Asserably or Commons, ignored the clamor of that body, and carried on the Government regardless of its wishes. In this debate Simcoe acquired some knowledge of his future sphere of action and of the rival elements, then indeed JOHN GRAVES SIMCOE. 25 rather confined to the Lower Canadian Province — elements which he saw would not fuse, and whose fusion was rather prevented than aided by the Loyalists and Rangers, exiles from the United States, whose rooted conservatism was no friend of the Republicans of either of the Canadas. Early in 1792 Simcoe organized his Government at Kingston. The organization and ceremonies attending, conformably with the wishes of the Governor, partook of a religious character, and took place in the wooden church opposite the market-place. After the Proclama tion appointing Lord Dorchester Governor-General and John Graves Simcoe Governor of Upper Canada was solemnly read and published, the oaths of office were administered to His Excellency the first Governor of the Province. According to the Royal instructions he was to have five individuals to form his Executive Council. The five named were William Osgoode, William Robertson, James Baby, Alexander Grant, and Peter Russell, Esquires. These appointments were made on the Sth of July. On the following Monday Messrs. Osgoode, Russell, and Baby were sworn into office. Robertson was not then in the Province. Grant was sworn in a few days afterwards. The Legislative Councillors were not elected till the 17th July, 1792, when a meeting of the Executive Council was held at Kingston, and the following gentlemen appointed : Robert Hamilton, Richard Cart- wright, and John Munro. On the 21st July the Governor left Kingston for his new capital of Newark, now called Niagara. The first Parliament of Upper Canada was held at Newark on the 21st September, 26 THE LIEUTENANT-GOVERNORS. 1792, in answer to a call by His Excellency Governor Simcoe In his address to the House the Governor remarked upon the " wisdom and beneficence of our most gracious Sovereign and the British Parliament, not only in imparting to us the same form of govern ment, but in securing the benefit by the many posses sions which guard this memorable Act (the Constitution of the Province), so that the blessings of our invulnerable constitution, thus protected and amplified, we hope will be extended to the remotest posterity." There were only eight Acts passed this session, but they were Acts of a practical character, and such as were required for the early development of a new province. The Legislature was prorogued on the I7th October, 1792. The second session of Parliament was held at Niagara on the 31st May, 1793. The most important paragraph in His Excellency's speech on opening the House was that which referred to the declaration of war by France against Great Britain, and the necessity which existed for the new modelling of a Militia bill for the Province, and to call to the recollection of the House " how often it had been necessary for Great Britain to stand forth as the protector of the liberties of mankind." Before the next session of Parliament officialdom had taken its flight from Newark, and had become domiciled in York, which before this migration had been called Toronto. There can be no doubt that Governor Simcoe conferred this name of York upon the place, or that it came to be so called from the fact that he so named the harbor in honor of the Duke of York, the King's son. The Governor, in selecting York for his new capital, JOHN GRAVES SIMCOE. 27 was no doubt influenced by the fact that it had a magnificent harbor, and was distant from the United States frontier. On the 26th August, 1793, the following order was issued from the Governor's headquarters : " York, Upper Canada, " 26th August, 1793. " His Excellency the Lieutenant-Governor having received information of the success of His Majesty's arms under His Royal Highness, the Duke of York, by which Holland has been saved from the invasion of the French armies, and it appearing that the combined forces have been successful in dislodging their enemies from an entrenched camp supposed to be impregnable, from which the most important consequences may be expected, and in which arduous attempt the Duke of York and His Majesty's troops supported the national glory, it is His Excellency's orders that on raising the Union Flag at twelve o'clock to-morrow, a Royal salute of twenty-one guns be fired, to be answered by the shipping in the harbor in respect of his Royal Highness, and in commemoration of the naming of this harbor from his English title, York. " E. B. LlTTLEHALES, " Major of Brigade." The first meeting of the Executive Council after the removal of the capital from Niagara to York was held at the Garrison in August, 1793. Governor Simcoe, always watchful of the people's interests, and to encourage the fur traders of the North and West to bring their pelts to York, in October, 1793> 28 THE LIEUTENANT-GOVERNORS. accompanied by a party of officers, explored the country between York and Lakes Simcoe and Huron. Having made his exploration, in January, 1794, the Government surveyor, Augustus Jones, was ordered by the Governor from Niagara to York to direct operations in opening a road through the territory explored between York and Lake Simcoe. The work was soon accomplished by the Queen's Rangers, Simcoe's regiment, and tho street or road was named Yonge Street after Sir George Yonge, Secretary of War in 1791. In 1794 Governor Simcoe got into an entanglement with the high officials of the United States, arising out of a matter of great importance both to the United States and Great Britain. This matter was the erection of a fort by Governor Simcoe at the foot of Miami Rapids, about fifty miles from Detroit, and within what was claimed as American territory. Governor Simcoe was quite within his duty in erecting this fort, under the instructions of Lord Dorchester, the Governor-Gen eral and Commander-in-Chief. The Americans thought or affected to think that the British were erecting this fort in order to give aid and countenance to the western Indians, who were at war, or on the brink of war, with the United States, in a matter of difference as to the boundary between the United States and the Indian territory to the west. The western boundary of the United States was then undefined. The great West had not then been opened up or even explored, and was known as Indian territory, and further as the " Great American Desert." These plains were peopled by roving bands of Indians, many of whom claimed the protection JOHN GRAVES SIMCOE. 29 of and professed allegiance to Britain, and this fort was now erected in what was considered by the British Government to be Indian and not United States terri tory, with a view to protect British fur traders and to maintain watch over the excitable and often treach erous Indians. Governor Simcoe in a spirited manner vindicated his conduct, and showed that instead of erecting the fort to assist the Indians it was done upon the principle of self- defence. In a paragraph in his reply to Secretary Ran dolph's complaint, he wrote : " My having executed the order of His Majesty's Commander-in-Chief in North America, Lord Dorchester, in reoccupying a fort on the Miami River, within the limits of those maintained by the British forces at the peace in 1783, upon the prin ciple of self-defence, against the approaches of an army which menaced the King's possessions, is what I pre sume Mr. Secretary Randolph terms Governor Simcoe's invasion." In 1794 General Simcoe was promoted to the rank of major-general. During the winter of 1794-95, Governor Simcoe was engaged in projecting plans for the future of York, and arranging for its civil and military administration. A soldier himself, he could bivouac in his tent, but arrange ments had to be made for public buildings for the accommodation of officials and for the meeting of the Legislature. We have the authority of Mr. Bouchette, who surveyed Toronto harbor, for saying that His Excellency, in the winter of 1793-94, made his head quarters in the neighborhood of the Old Fort, at the 30 THE LIEUTENANT-GOVERNORS. entrance of the harbor, in a tent or canvas house which had served Captain Cook in his voyage round the world and was now the property of Governor Simcoe. After the Governor had got fully established at York, he spent part of his time at Castle Frank, on the bank of the Don, built by the Governor and named in honor of his oldest son and heir, Frank Simcoe. It thus seems that some idea of perpetuating his son's name still remained with the Governor, though far removed from his native land of hereditary honor and degree. Although the Governor had removed his headquarters to York, the Parliament in 1795 assembled at Niagara as before, in consequence of the non-completion of the public buildings at York. In June, 1795, the Governor entertained the Duke de la Rochefoucauld Liancourt, who in a book of travel gave a very graphic description of his reception, and the ceremonies attending the opening of Parliament, which took place during his visit. In his reference to the Governor, Liancourt wrote: "He is just, active, enlightened, brave, frank, and possesses the con fidence of the country, of the troops, and of all those who join him in the administration of public affairs." This and much more he says of him. Surely this is a worthy monument to his memory. The session of Parliaraent of 1795 was a short but important one. It lasted only fourteen days, but during that period the legislators were enabled to pass laws to regulate juries and to "establish a superior court of civil and criminal jurisdiction, and to regulate the Court of Appeal," and some other equally useful measures. In this same year Governor Simcoe visited the cele- JOHN GRAVES SIMCOE. 31 brated Indian Chief, Joseph Brant, at the Grand River, and had a conference with him in regard to Indian lands. The Governor was always foremost in his advo cacy of Indian claims, and was the steadfast friend of the Indians during the whole of his administration of the Government of Upper Canada. On the Ist December, 1796, Governor Simcoe was appointed Civil Governor of St. Domingo, and Com mander-in-Chief in the room of Sir Adam Williamson. St. Domingo was then divided into two parts, one of each being held by the British and French. On Sim coe's arrival there he found the island in a state of turmoil, and he was kept in a state of continual war fare with the celebrated Toussaint L'ouverture, the negro general, at one time leader of the black insurgents, but now appointed by the French Government General-in- Chief of the armies of St. Domingo. In August, 1797, wearied of a conflict in which he had no support, he went to England to procure a suffi cient force. But England had too much use for her soldiers on the continent, and none could be spared. Remaining in England, Simcoe was made a lieutenant- general in 1798, and had no service until August, 1806, when he was appointed a commissioner to the court at Lisbon, to command an army of protection against France, then threatening to invade Portugal. On the voyage out he was taken ill and compelled to return to England, where he died soon after his arrival. A monument to his memory may yet be seen in the walls of Exeter Cathedral, suitably inscribed, and is as follows : 32 THE LIEUTENANT-GOVERNORS. Sacred to the Memory OP JOHN GRAVES SIMCOE, Lieutenant-Genekal in the army, and Colonel of THE 22nd Regiment, op York, who died on the 25th day op October, 1806, Aged 54 years. In whose life and character the virtues of the hero, the patriot, and the Christian were so eminently conspicuous that it may be justly said, he served his king and his country with a zeal exceeded only by his piety toward God. 1 3 CHAPTER IL THE HONORABLE PETER RUSSELL, PRESIDENT. Mr. Russell, who succeeded Governor Simcoe as Administrator, was of the Irish branch of the family of Russell, of which the Duke of Bedford was the head, and therefore connected with one of the most aristo cratic families of England. Lord John Russell, Premier of Britain in after years, was of that family. Peter Russell, son of Captain Richard Russell, form erly of the 14th Regiment of Foot, according to his own statement, had the misfortune to be descended from ancestors who, studying only to enjoy the present, never thought of making provision for the future. He was educated for the Church, but, as he says, imprudently chose to follow the profession of his father, and entered the army under the patronage of General Henry Brad dock and Lord Albemarle. After two years' service as ensign — without pay — he purchased a lieutenancy of a man three months after he was dead, according to the peculiar system of purchase then existing, and ulti mately, after twenty -six years of service in all parts of the world, attained a captaincy. He was soon after received into the family of Sir Henry Clinton as one of his secretaries, acting in that capacity to the end of Sir Henry's command during the Revolutionary War. 3 33 34 THE LIEUTENANT-GOVERNORS. Previously to coming to America with Sir Henry, in 1772, he sold his company in the 64th Regiment. He made this sacrifice for the best of motives — to raise money to relieve his then aged father of a load of debt and to make some provision, in case of his fall, for his sister, Elizabeth, to whom he was devotedly attached. The close of the Revolutionary War found him back in England without employment, and we find him in 1789 applying to Clinton for influence to obtain the command of Landguard Fort. In this project he failed, but soon after he succeeded in obtaining a position under Major-General Simcoe, then appointed to the Govern ment of Upper Canada, and came with him to this country as his Inspector-General in 1792. There was no other person in the Province at the time of Governor Simcoe's surrender of the government on whom his mantle could so suitably have fallen as on the Honorable Peter Russell. He came over from England with Governor Simcoe as Inspector-General of the Prov ince, and had an intimate acquaintance with the plans and designs of the first Governor. Hence he knew of Major-General Simcoe's determination to fix the perman ent capital of the Province at York, although Simcoe's Chief Justice, Elmsley, strongly protested against the seat of government being established there ; alleging as his reason, not only that he would be unable to get a jury in York to fill up the complement of his court, but because there was no accommodation in the embryo capi tal for the members of parliament. Both these reasons failed to satisfy Governor Simcoe, and evidently had no weight with Mr. Russell who succeeded him in the administration of affairs. PETER RUSSELL. 35 Mr. Russell, immediately on Governor Simcoe select ing York (the present city of Toronto) for his future capital, left Niagara, visited Toronto, and built for him self a house near the bay shore on Palace Street, at the foot of Prince's, now called Princess Street. Early in 1797 this house was destroyed by fire, when Mr. Russell built a house on the same site, generally known as " Russell Abbey." This was a frame structure, not extraordin arily large — in fact, a rather small house of one storey, with a main body and two wings. It would not pass at the present day as a house of any great pretensions, but in the days of President Russell it was, no doubt, one of the mansions of the western colony, and worthy of its somewhat imposing name. This house, the residence of the President, was afterwards sometimes called the " Palace." This may have been because of its being situated on Palace Street, or because of its being opposite the new Parliament Buildings ; or it may have been so called by reason of its being the residence of the Gover nor; or, more probably because it was for some time the residence of Bishop Macdonnell. Be that as it may, the mansion served for many years to house the chief execu tive officer of the Province, who never took unto him self a wife, and was content to pass his days in this small but convenient building. President Russell was not a man of a grasping nature _ although circumstances which occurred during his administration, and the gossip of the time which has been carried down to us as history, would almost make one believe that he was a land speculator or land jobber in a high place. The wags of the day and those who were jealous of his acquisition of large tracts of land 36 THE LIEUTENANT-GOVERNORS. used to make fun of the conveyance of those lands or land grants as made by Peter Russell to Peter Russell — " I, Peter Russell, grant to you, Peter Russell," etc. It was looked on as a good joke on the President, and afforded no end of amusement to certain individuals in York who were very glad to have a thrust at any one in authority. The trouble was that these grants were necessarily made in this form owing to the position Mr. Russell held, that of Governor or acting Governor and grantee at the same time. The British Government authorized the President to grant six thousand acres of Crown lands to each of the members of the Executive Council, and its president had no alternative but to put his name to the grant to himself as well as to those to the other members of the Executive Council of the Government. Mr. Russell was what might be called an Irish gentle man of the old school, and to maintain his dignity sought to make himself proprietor of a considerable estate. No doubt in his view no Irish gentleman should be without large landed estates. His opportunities were great, and he in fact did become a large landowner. But there was nothing in his acts in acquiring these acres which in any way reflected upon his character as a public man. The Crown lands were at that time wild forest lands of little value. His ambition was to be con sidered a large landed proprietor, but far from the land being of any profit to himself, those at least outside of the limits of York, were rather an encumbrance. On his death his real estate in the Province passed to his sister. Miss Elizabeth Russell, as his heiress-at-law, who had lived with him in his house at the foot of Prince's PETER RUSSELL. 37 Street. Miss Russell was a very charitable lady, with a large Irish heart, and was greatly esteemed by all who knew her. She survived her brother many years, and died in Russell Abbey. As soon as installed in the office of administrator of the Province, the President set about making prepara tions for calling together the second Parliament of the Province at York, in accordance with instructions which Major-General Simcoe had given to that end. In accordance with these instructions the Parliament met at York, the new capital, on the first day of June, 1797. This was the first session of Parliament of the Province convened in York, the sessions of the previous parlia ments and the first session of the second having been held at Niagara. The buildings in which Parliament met were two modest one-storey 40 x 25 frame buildings, at the foot of Berkeley Street, one for the Assembly and the other for the Legislative Council. These buildings were one hundred feet apart ; they were projected in 1794, and proceeded with and finished in the period intervening between Governor Simcoe's departure from the Province in 1796 and the assembling of Parliament in 1797. Many Acts of Parliament were passed during the three years of the administration of the Honorable Peter Russell, well calculated to solidify the structure of gov ernment commenced under the paternal care of Governor Simcoe. It was President Russell's plan to follow in the footsteps of Simcoe in all matters pertaining to the wel fare of the Province. Hence we have Acts of Parlia ment passed during his administration to " secure the Province against the King's enemies ; " " for securing 38 THE LIEUTENANT-GOVERNORS. titles to land in the Province ; " " for regulating the militia of the Province ; " Acts relating to the division of the Province into counties ; the education and support of orphan children ; and the further introduction of the Criminal Law of England. There were other Acts not less important, though of a local character, all tending to develop the resources of a new country and to heighten the energies of its people. President Russell, familiar with the policy of the British Government in its treatment of the Indians, was ever watchful of their interests. On one occasion, when the Indians complained to him that depredations had been committed by some lawless persons on their fish ing places and burial grounds, he speedily issued a pro clamation announcing that such practices must cease, or the parties offending should be prosecuted with the utmost severity and a proper example made of them. Some writer has imputed it as a fault in the Honor able President that he owned and sold slaves. This arises from an advertisement which appeared in the Gazette and Oracle newspaper in February, 1806, in which His Honor ofl'ered for sale " a black woman named Peggy, aged 40, and a black boy, her son, aged 15." What had been imputed as a fault was no fault at all, as those slaves were brought with him when coming to the Province, and were as much his property as any other property owned by him. The Act of the Parliament of the Province passed on the 9th of July, 1793, did not absolutely abolish slavery in the Province ; it only made illegal the future importa tion of slaves and declared the emancipation of those then PETER RUSSELL. 39 held at a certain period. The second section of the Act of 1793 provided that " nothing in the Act contained should extend or be construed to extend to liberate any negro or other person subject to slave service, or to dis charge them or any of them from the possession of the owner thereof who shall have come or been brought into this Province in conformity to the conditions prescribed by any authority for that purpose exercised, or by any ordinance or law of the Province of Quebec, or by pro clamation of any of His Majesty's governors of the said province for the time being, or of any Act of Parliament of Great Britain, or shall have otherwise come into the possession of any person by gift, bequest or hona fide purchase before the passing of this Act, whose property therein is hereby confirmed." Not only was the President not violating any law existing at that time in the transaction of the sale of his negro slaves, but if his advertisement reeeived a response and an actual sale made, it can in no way be made to sully his fame as administrator, as the sale, if made, was not till several years after he had ceased to be administrator of the Province. Mr. Russell remained in office as administrator till the arrival of Governor Hunter, in 1799, when he handed over the government to that gentleman. The Honor able President's name is perpetuated in Toronto by more than one landmark. Russell Square, on which old Upper Canada College was built, owes its name to Presi dent Russell. Russell Hill, in North Toronto, was named after him and given that name in memory of the Russell Hill estate in Ireland, which was the name of the estate of the Irish branch of the family. Peter 40 THE LIEUTENANT-GOVERNORS. Street, Toronto, is named after President Peter Russell. Russell Abbey is no more ; like most of the first build ings in York and Toronto, its perishable frame walls were doomed to submit to the inevitable hand of time. It was a notable building in its day, and the residence of the President of the Council was a centre of attrac tion to visitors to York. Mr. Russell occupied the Abbey till the time of his death on the 30th September, 1808. There was great intimacy in the days of President Russell between himself and his sister and Dr. William Warren Baldwin and his family, who were connected with the Russell family by marriage. After Mr. Russell's death Mr. Baldwin occupied Russell Abbey for a time, and on the death of Miss Russell, in 1821, he and his family, under the will of that lady, became beneficiaries of what had been the Canadian estate of Administrator Russell, or so much of it as remained undisposed of at her death. This bequest of Miss Russell's has always been supposed to have laid the foundation of the fortune of the Baldwin family. Mr. President Russell was buried with military honors, and was followed to the grave by many sincere mourners, the principal of whom was Francis Gore, at that time Governor of the Province. CHAPTER III. PETER HUNTER, LIEUTENANT-GOVERNOR. It was the policy of the British Government in Gov ernor Simcoe's time, and thenceforward for nearly half a century, to have at the head of the Government in Upper Canada a military man, who from his strength and position would command the confidence of the people of the Province. If an officer of the army could be found competent to fill the office of Governor, and who at the same time had been in the service during the Revolutionary War, so much the better. Such a man may reasonably be supposed to have had some knowledge of the United Empire Loyalists, who had been engaged in the same service, and who now had become the forest rangers and the cutters and tillers of the virgin soil of a new, unreclaimed domain. The Honorable Peter Hunter, the first regularly appointed Lieutenant-Governor to succeed Governor Simcoe, was fifty-three years of age when he assumed the governorship of Upper Canada, and, like Simcoe, before coming to the Province had undergone much hardship in the military service of the Crown, in the endeavor to put down the rebellion of the King's sub jects in America. Of his antecedents before coming to 41 42 THE LIEUTENANT-GOVERNORS. America not much is known. He was born in the year 1746, and was of a Scottish family, seated at Auch- terard, in Perthshire. He took to military life at an early age, worked his way up from small beginnings, became colonel of the 60th Rifle Regiment, and finally attained the rank of lieutenant-general. General Hunter had been appointed Commander-in- Chief of His Majesty the King's military forces in British North America before coming to Upper Canada, and when he was appointed Lieutenant-Governor of Upper Canada he retained the post of Commander-in- Chief of the forces. On his arrival at York in August, 1799, he was met at the landing by the Queen's Rangers, whom he had known so well during the Revolutionary War as Sim coe's regiment, and later in the day received an address from the inhabitants of York, congratulating him on his safe arrival and appointment as Lieutenant-Gover nor. His reply to this address was characteristic of the man. It was not his custom to waste many words. Duty had his first call, and that he performed with marked ability. His answer to the address by the inhabitants of York was a model of military precision and brevity : " Gentlemen, — Nothing that is within my power shall be wanting to contribute to the welfare of this colony." The new Governor was of the opinion that his military duties should always have precedence over his civil duties. He considered that, for a time at least, the civil affairs of Upper Canada could be safely administered by a commission, composed of prominent men in whom he had confidence. He would not relegate his duties of Commander-in-Chief to another PETER HUNTER. 43 The principal forces of His Majesty in America at the time were in the Province of Lower Canada. Quebec, that fortress commanding the gateway from the sea, always demanded the closest attention of the King's officers in British America. The Governor did not remain long in York on the occasion of his first visit. On the Sth of September he crossed the lake to Niagara to inspect the troops in that garrison. On the 13th September he left Niagara for Kingston on a Govern ment vessel, receiving a salute of the American garrison at Fort Niagara by the hoisting of the American flag in his honor. On arriving at Kingston and inspecting the troops there, he proceeded to Lower Canada to finish his duties in that Province. On leaving Upper Canada he entrusted the Government to a commission composed of the Honorable Peter Russell, previous president and administrator, the Honorable J. Elmsley, .^neas Shaw, Esquire, and the Honorable Peter McGill — all or any one of whom were well qualified for the posts they were appointed to fill. Governor Hunter's military duties detained him in the Province of Lower Canada till the following spring, when he returned to the Upper Prov ince and entered upon the active performance of his civil duties as Governor. As soon as convenient after his return to Upper Can ada he proceeded to call a meeting of the Provincial Parliament at York, which in obedience to his summons convened on the 2nd day of June, 1800. There were only six Acts of Parliament passed during this session, which was the fourth and last session of the second Parliament of the Province. Two of these Acts were of great general importance. One of them was 44 THE LIEUTENANT-GOVERNORS. " An Act for the more equal representation of the com mons of Upper Canada in Parliament, and for better defining the qualification of electors ; " the other, " An Act for making a temporary provision for the regulation of trade between this Province and the United States of America, by land or by inland navigation." This Act was supplemented by another Act in the first session of the next Parliament, of a still more im portant and permanent character than the Act in relation to trade between the United States and Upper Canada of the first Parliament. The facts seem to have been that at this period it was much cheaper for the mer chants of Upper Canada to get in goods from Albany and New York than from England. These goods were let in at a lesser duty than English goods, and the cost of carriage was so disproportionate that British interests demanded that a remedy of the evil, from an English point of view, should be applied. The remedy consisted in the passing of an Act by the Legislature for levying the like duties on goods brought into the Province from the United States as was paid on goods imported from Great Britain and other countries. Both the Inland Revenue and the Customs duties on foreign goods received a good deal of attention during the administration of Governor Hunter. The increase of trade at York necessitated the appointment of a Customs collector at that port. The first to fill that office was Mr. William Allan, appointed by Governor Hunter in 1801. Mr. Allan's name frequently appears about this time in connection with public affairs. In June, 1801, his name appears in the Oracle at the foot of an advertisement as Returning Officer for the Counties PETER HUNTER. 45 of the East Riding of York, Durham and Simcoe, calling on those counties conjointly to elect a knight to repre sent them in Parliament in pursuance of a writ issued by His Excellency Peter Hunter, Esquire, directing him, William Allan, returning officer, " to cause one knight, girt with a sword, the most fit and discreet, to be freely and indifferently chosen to represent the aforesaid counties in Assembly by those who shall be present on the day of election." From the language of this writ it would appear that the official designation of members of the Assembly at that time was " Knight." As a matter of fact they had not received the Sovereign's patent conferring such title, and the writ was a survival of the old English form imported to Canada, which could not much longer survive in a democratic age. The Governor, a man of noble character and great integrity in the performance of his civil, administrative and executive acts, and without undue severity, was yet resolute in his purpose that every official connected with the Government should be assiduous in the duties devolving on him. In illustration of this trait in the Governor's character this incident is related. Certain Quakers of the country north of the Ridge to the north of York, complained to His Excellency of great delay in receiving their patents for lands which they had taken up in that region. The Governor at once sent for the Surveyor-General, D. W. Smith ; Mr. Small, Clerk of the Executive Council ; Mr. Burns, Clerk of the Crown ; and Mr. Jarvis, Secretary and Registrar of the Province, to wait on him the next day at noon, appointing the same hour for the Quakers to attend. 46 THE LIEUTENANT-GOVERNORS. All being present at the appointed time, the Governor, addressing the officials, said to them : " These gentlemen complain that they cannot get their patents." Each of the officials began to offer excuses for the delay. Mr. Jarvis, the secretary and registrar, when it came to his turn, endeavored to explain by asserting that the pres sure was so great that he had been absolutely unable, up to that time, to get ready the particular patents referred to. " Sir," was the Governor's immediate rejoinder, " if they are not forthcoming, every one of them, and placed in the hands of these gentlemen here in my presence at noon on Thursday next (it was now Tuesday), by George, I'll un-Jarvis you." It is needless to say the Quakers got their patents and the storm blew over. This incident has much of the military court- martial aspect about it, but then the Governor was more of a military man than a civilian, and the threat to unhorse one of the officials had its effect. The Governor not only kept the heads of depart ments strictly to the performance of their duties, but required their subordinates to give full time to their offices. He had published in the Gazette a notice requiring regular attendances for the transaction of public busi ness in the Government offices every day in the year (Sundays, Good Friday and Christmas Day only ex cepted) from ten o'clock in the morning till three in the afternoon, and from five o'clock in the afternoon till seven in the evening. In the year 1798 the Legislature had enacted that as soon as the counties of Northumberland and Durham made it appear to the Lieutenant-Governor that there were a thousand souls within said counties, he was PETER HUNTER. 47 authorized to issue a proclamation declaring them a separate district, to be called the District of Newcastle. This the Governor was enabled to do in 1802. In clos ing the Legislature he, in his address to Parliament, said: " The erection of a new district gives me particular satisfaction, being an indication of the increasing popu lation of the Province and of the happy effects of that plenty and security which, by the blessing of Provi dence, we at present possess." In 1803 the population of York had so increased that there was an imperative demand for a public market. Accordingly we find that on the 3rd of November in that year the Governor issued a procla mation that he, the Governor, with the advice of the Executive Council, to promote the interests, advantages and accommodation of the town and township of York and other of His Majesty's subjects in the Province, ordained, established and appointed a public open market to be held on Saturday in each and every week during the year in said County of York, the first market to be held on a certain piece or plot of land in said town. The plot of land, which is fully described and delim ited in the proclamation, was five and one-half acres, bounded by Market, New and Church Streets. This is the origin of the first market in York, now Toronto. In the same year, 1803, in which it had become necessary to establish a public market in York, the Legislature was impressed with the belief that there were not enough lawyers in the Province to attend to the wants of the people. Consequently an Act was passed " to authorize the Governor, Lieutenant-Gover- 48 THE LIEUTENANT-GOVERNORS. nor, or persons administering the government of the Province, to license practitioners in the law." It was not necessary that such persons should have qualified themselves by a course of study, but sufficient for them to have talent that commended them to the considera tion of the Court of King's Bench. Acting under this authority, and certificates of fitness obtained from the King's Bench, Governor Hunter, by proclamation, desig nated Dr. W. W. Baldwin, of York; William Dickson, of Niagara ; D'Arcy Boulton, of Augusta ; and John Powell, of York, as fit and proper persons to practise the profession of the law and act as advocates in the courts after having been duly examined by the Chief Justice. The gentlemen thus appointed were afterwards sometimes alluded to, by persons jealous of their pre ferment, as the " heaven-descended barristers." During Governor Hunter's administration the Duke of Kent, father of Her Majesty Queen Victoria, paid a visit to Canada. His Grace was at that time Com mander-in-Chief of the forces at Halifax, and made it a point to visit Niagara Falls. In the course of his journey he visited York, when he was a guest of General iEneas Shaw at Oakhill, and at Niagara was entertained at Navy Hall, the official residence, when the little town was beautifully illuminated in his honor. Governor Hunter was at all times watchful of the interests of the Province and active in promoting the proper development of the country which he had been appointed to govern. In 1 804 the Provincial Govern ment passed " an Act appropriating a certain sum of money annually to defray the expenses of erecting cer tain public buildings to and for the use of the Province." PETER HUNTER. 49 The buildings referred to were the buildings for Par liament, the courts of justice, public offices and for general necessities of government. The sum granted was four hundred pounds annually. This sum was, in the judgment of the Governor, so much below what was really required for buildings for the public service, that His Excellency, as an Imperial officer, in sending an address of the Legislature to the Government of England on the matter, informed that Government " that there was not a single public building. The several offices had been established in private houses built for that occasion. The Executive met in a room in the clerk's house. The Houses of the Legislature assembled in two rooms, erected nine years before as a part of the buildings designed for Government House. The Court of Appeal, King's Bench, District Court and Masters' Sessions all held their sittings in the same place." The two rooms referred to were doubtless the two modest frame buildings which had been used for the Legislative Chambers in the administration of the Honorable Peter Russell. These buildings Governor Hunter scornfully designates as only rooms. They had been, however, connected with a colonnade, giving the appearance of being larger than they really were. The colonnade must have been of good height, for it was under that colonnade that was erected the hustings for the election of a knight to represent the counties of Durham, East Riding of York, and Simcoe, of which election William Allan was returning officer, as already referred to. Of Lieutenant-Governor Hunter personally may be said, that he was an honorable, conscientious man, very 4 50 THE LIEUTENANT-GOVERNORS. much devoted to the military profession and to his duties of Commander-in-Chief of His Majesty's forces in the Province of Canada. In his capacity of Civil Governor he trusted so much to his Executive Council that he was reproached in some quarters for not exercis ing more arbitrarily his civil power ; though in the case of Secretary Jarvis and the Quakers we are able to see that he could when necessary in the exercise of' that power be strict, even to the verge of arbitrariness. It has been said that the members of his Council in some cases took advantage of his over-confidence in them unduly to promote the interests of their families and friends, in securing for them grants of land and other benefits, to the detriment of the actual settlers. That the actual settlers, U.E. Loyalists and their families, were sometimes inconvenienced, and, it may be, deprived of land and other possessions which they considered had been guaranteed to them by the British Government, to the advantage of the new immigration taking place in the Province, there seems to be little doubt. But it must be remembered that during Gover nor Hunter's time many loyal subjects of the Crown, whom the Irish rebellion of 1798 had compelled to leave Ireland, had come to Canada to make that colony their home. Thence both the Governor and Council had two sets of loyalists to serve, the Irish and the American loyalists, and it was inevitable that in serving both it was hard to avoid offending one or other of the rival claimants to lands and offices. It is not surprising, therefore, that the U.E. Loyalists of America should have been chagrined at the fresh importation of land- seekers, and vented their spleen on the Council, who PETER HUNTER. 51 were, as the U E. Loyalists thought, too ready to make provision for the newcomers, in some cases to the injury of the original locatee of land and claimant of the right to implements with which to work that land. If the Governor showed any weakness in the matter all was done in the interests of as faithful subjects of the King as those who may have been unfairly treated. Governor Hunter, like his predecessor, the Honorable Peter Russell, died as he lived, a bachelor. He expired at Quebec on August 21st, 1805, in the sixtieth year of his age, and was buried in the cemetery attached to the English cathedral in that city. A loving brother caused a tablet to be placed on the walls of that cathedral on which is inscribed his epitaph, which, though modest, truthfully records the prominent features of his life. The memorial states that " his life was spent in the service of his King and country ; of the various stations, both civil and military, which he filled, he discharged the duties with spotless in tegrity, unvaried zeal, and successful abilities.'' CHAPTER IV. ALEXANDER GRANT, PRESIDENT* The death of Governor Hunter, creating a vacancy in that office, necessitated the appointment of an adminis trator to represent the Crown till the coming of the next lieutenant-governor. At this juncture the senior member of the Executive Council was the Honorable Alexander Grant, who was also Lieutenant of the County of Essex. It may seem strange at this day to speak of one as lieutenant of a county, but at the time of which we are writing lieu tenants were appointed by the Crown for each county of the Province. These lieutenants of counties had been established by Lieutenant-Governor Simcoe, to fill posi tions similar to those of the lord lieutenants of counties in England. To this end the Parliament of the Province, during his administration, had passed an Act appointing certain individuals lieutenants of counties. The Upper Canada Almanac, published at York in 1804, gave a list of lieutenants of counties as then exist ing, and in the lists is the name of the Honorable Alex ander Grant. The title is now, and has been for nearly *I wish to express my obligation to Judge Woods, grandson of Commodore Grant, for information as to the Commodore, which I have incorporated in this sketch. 52 ALEXANDER GRANT. 53 a century, extinguished, but it will not be out of place to give the full list as published in the Almanac. The names were : " John Macdonell, Esq., Glengarry ; William Fortune, Esq., Prescott; Archibald Macdonell, Esq., Stormont ; Honorable Richard Duncan, Esq., Dundas ; Peter Drummond, Esq., Grenville ; James Breakenridge, Esq., Leeds ; Honorable Richard Cartwright, Esq., Fron tenac ; Hazelton Spencer, Esq., Lennox ; William John son, Esq., Addington ; John Ferguson, Esq., Hastings ; Archibald Macdonell, Esq., of Marysburgh, Prince Edward; Alexander Chisholm, Esq., Northumberland; Robert Baldwin, Esq., Durham ; Honorable David Wil liam Smith, Esq., York; Honorable Robert Hamilton, Esq., Lincoln ; Samuel Ryerse, Esq., Norfolk ; William Claus, Esq., Oxford; (Middlesex vacant); Honorable Alexander Grant, Esq., Essex ; Honorable James Baby, Esq., Kent." The Honorable Alexander Grant was one of the five members of the Executive Council appointed in 1792, and as senior member of that branch of the Govern ment, on the death of Governor Hunter, became tem porary Governor of the Province under the name of President. In the Revised Statutes of Upper Canada, published by authority, the name of Alexander Grant, Esq., as President, is recorded as having opened the second session of the fourth Provincial Parliament in 1806. Just as the bent of Governor Hunter, the last governor, was military, the bent of the new administra tor was mostly naval. Mr. Grant, who was of the ancient and respectable family of Grant, of Glenmorristown, and who was born in the year 1734, had in his youth been first in the 54 THE LIEUTENANT-GOVERNORS. merchant service, and then in a man-of-war as midship man. In 1757, during the Seven Years' War, a High land regiment was being raised for service in America, and young Grant received a commission in it. He served under General Lord Amherst in the war with the French in Canada, resulting in the capture of Quebec in 1759, and the surrender of the whole of Canada to the British in 1760. Grant's early training as midshipman in the naval service opened a door for him to promotion that he little expected when he came to America as an officer in the land forces. In the prosecution of the war against the French in Canada, it became necessary to have ships for transporting troops and supplies on the lakes divid ing the French possession (Canada) from the British territory on the south of Lakes Ontario and Erie. For these ships there was urgent need for competent com manders. In this emergency the experience that Grant had in the naval service stood him in good stead. He was at once detached from the land force and put in command of a sloop of sixteen guns. From that time forward till the time of his death he continued to be connected with the naval service, and became known to the people as Commodore Grant. Later on, he was in command from Niagara to Mack inaw, and was the first commodore of the western waters, with headquarters at Detroit, which was then one of the most important military positions on the continent of America. In 1780 the captains and crews of nine vessels were under pay at Detroit, and a large dockyard was maintained there. The Commodore was in command of all these vessels, which ranged from two ALEXANDER GRANT. 55 hundred tons down, and carried from one to fourteen guns. In the War of 1812, Grant did important service for the Crown, and was a conspicuous figure in all matters connected with the naval service of the lakes during the war. Altogether he was in the King's service fifty- seven years. His administration of the government of the Province was for but a brief period, and for only one session of the Provincial Parliament. The second session of the fourth Parliament was opened by him on the 4th of February, 1806, and closed on the 3rd of March following. Only seven Acts were passed during the session, one of the most important of which was " an Act to procure certain apparatus for the promotion of science " — an Act which was specially promoted by him and which was undoubtedly laying the foundation for higher public education, partially fulfilled in the establishment of King's College, and followed by the University of Toronto, which now so fully supplies the means of scientific research to the earnest student. At the request of Commodore Grant, the Legislature by this Act appropriated four hundred pounds for the purchase of instruments for illustrating the principles of natural philosophy. The second section of this Act enacted " that the Governor, Lieutenant-Governor or person administering the Government of this Province, is hereby authorized and empowered to deposit the said instruments (under such conditions as he shall deem proper and expedient) in the hands of some person employed in the education of youth in this province, in order that they may be as useful as the state of the Province will permit." 56 THE LIEUTENANT-GOVERNORS. On the arrival of these instruments in Canada, Admin istrator Grant committed them to the care of Dr. Strachan, afterwards Bishop Strachan, then a celebrated instructor of youth at Cornwall, and they were brought by him to Toronto on his appointment to the headmastership of the District School at York. From the District School (the old Blue School) the instruments were passed on to Upper Canada College. There are doubtless old college boys now living, of the class of 1836-37, who will remember seeing this philosophical apparatus in the Principal's room at the College, not in use, but treasured for a future day when a provincial university should be established for the teaching of higher studies than were yet reached by the College. It is possible that the instruments or some remains of them may still be lingering within the walls of " old Upper Canada," as the old boys designate their Alrna Mater. The second session of the fourth Provincial Parliament, in which this so beneficial grant of money for educational purposes was made, was, as we have seen, a short session. It was, however, as remarkable for its tempestuousness as for its brevity. When President Grant entered on the administration of the Government, there was seated on the judicial bench a gentleman well skilled in English law, but more skilled in English politics, one Mr. Justice Thorpe, an Irishman by birth, and of the English bar. Judge Thorpe, from the time he came to the Province to the time he left it, was at perpetual war with the colonial authorities, and made himself most obnoxious to them. An examination of the correspondence, letters, papers and documents, official and non-official, which are on file ALEXANDER GRANT. 57 in the Archives at Ottawa, and copies of which are to be found in the library of the County of York Law Association at Toronto, will enable a tolerably fair estimate to be made of the character of this gentleman, both as a judge and a citizen. In truth, he was much more of a politician than a judge, and had a natural bent for intrigue. On the 24th of January, 1806, Mr. Thorpe wrote a letter to Edward Cooke, Under-Secretary of State, with a postscript dated 5th of February, 1806, the day after the opening of the session, the contents of which betray the meddlesome temper of the writer of the letter, and his disposition towards the reigning powers in the colony. This is the letter : " 24th January, 1806. "Dear Sir, — For the last time I must trespass on your time for five minutes, as I think it my duty to in form you of the situation of this colony before the new Governor leaves you. From a minute inquiry for five months I find that Governor Hunter has nearly ruined this province. His whole system was rapaciousness ; to accumulate money by grants of land was all he thought of. The Loyalist that was entitled to land without fees could not get any, but the alien that could pay was sure of succeeding ; unjust and arbitrary, he dissatisfied the people and oppressed the officers of Government. He had a few Scotch instruments about him (Mr. McGill and Mr. Scott) that he made subservient to his purpose, and by every other individual he and his tools were execrated. Nothing has been done for the colony — no roads, bad water communication, no post, no religion, no morals. 58 THE LIEUTENANT-GOVERNORS. no education, no trade, no agriculture, no industry attended to. Mr. McGill and Mr. Scott have made a person of their own President : the same measures are followed up, and the effects will soon appear, for every thing you wish will be defended and the House of Assembly will feel their power, which is always (in the colonies) a bad thing. All this and much more you will soon know ; therefore, in this state of things, I think it absolutely necessary to set about conciliating the people in every way. I have had some public opportunities which did not escape me, and in private I will cultivate all that are deserving or that can be made useful, by which means I now pledge myself to you, that who ever comes out shall find everything smooth, and that in twelve months or less I will be ready to carry any measure you may desire through the Legislature. All this I state on the supposition that Lord Castlereagh will not be induced to place any one over me on the bench, but if parliamentary interest should prevail on him to neglect my exertions, I must entreat of my friends to beg of His Lordship to remove me to any other place where I can do my duty and render some service. " P.S. — I hope, for the sake of England and the advancement of this colony, that the new Governor will be a civilian and a politician. It is worth four thousand a year ; the Lower Province six thousand. There might be two military appointments — a lieutenant-general below, a brigadier here. "From the gentleman having delayed who was to take this to New York, I have an opportunity of stating that the Clerk of the Crown is dead. ALEXANDER GRANT. o9 "5th February, 1806. " The Houses of Assembly are sitting, and from want of a person to direct, the lower one is quite wild. In a quiet way I have the reins, so as to prevent mischief ; though, like Phaeton, I seized them precipitately. I shall not burn myself, and hope to save others." The extravagant statements made in this letter ensure its condemnation. It was, indeed, a libel on the country, as well as on the officials. The reference in the letter to President Grant is some what enigmatical. It is probable, however, that the writer meant to convey the impression that the officials, Scott and McGill, the one being Receiver-General and the other Attorney-General, ruled the President, and that the President was walking in the footsteps of Governor Hunter. By the time the 5th of February came, from the expression in the P.S., " I have the reins," the worthy Judge seems to have thought that he had overcome every obstacle, and possessed more power than the President, Scott, and McGill all put together. If we are to judge of what took place in the Legisla ture afterwards, and during the short time it lasted, the Judge had really wormed himself into the confidence of the Assembly in a very positive manner. Mr. Justice Thorpe's active mind induced him to critically examine the acts of the Government. In his performance of this assumed duty his attention fell on the expenditure of a sum of money amounting to six hundred and seventeen pounds thirteen shillings and sevenpence, which had been ordered, partly by warrant 60 THE LIEUTENANT-GOVERNORS. of the Administrator Grant and partly by his prede cessor, Governor Hunter, to be paid to certain civil servants for services performed by them in the carrying on of the Government. Formulated in items, the sched ules of these payments contained twenty separate and distinct amounts, and were for the most payments made for services in the administration of justice or in connec tion with departments of the Government. In 1803, by the directions of Lieutenant-Governor Hunter, accounts of a similar nature were charged and paid out of the residue of unappropriated moneys in the hands of the Receiver-General, over and above sums specifically voted by the Legislature. For two years such payments had been laid before the Legislature and had been approved by the House of Assembly. President Grant, recognizing the fact that he was only temporarily at the head of the Government, thought it a part of his duty in this regard to follow the practice pursued by Governor Hunter, and so ordered the pay ments referred to to be made. It was, of course, not strictly correct that such pay ments should have been ordered to be made without a vote of the Assembly. The astute mind of Justice Thorpe quickly grasped the situation, and it gave him the opportunity of exhibiting to the unlearned Canadian Legislature his knowledge of constitutional law and parliamentary rights and privileges. With this explanation and the address of the Assem bly it will be readily conjectured what was meant by the allusion in his letter to '' reins of power," and " that in twelve months or less I will be ready to carry any measure you may desire through the Legislature." ALEXANDER GRANT. 61 The address of the Assembly passed the House on the 1st of March, 1806, two days before the close of the session, and bears the impress of the brain, if not the hand, of Judge Thorpe. Here is the address : "To Sis Honor, Alexander Grant, Esquire, President, administering the Government of the Province of Upper Canada, etc., etc.: "Mat it please your Honor, — We, His Majesty's most dutiful and loyal subjects of the Commons of Upper Canada, in Parliament assembled, have, conformably to our early assurance to your Honor, taken into considera tion the public accounts of the Province, and have, on a due investigation of the same, to represent to you that the first and most constitutional privilege of the Commons has been violated in the application of moneys out of the Provincial Treasury to various purposes with out the assent of Parliament or of a vote of the Com mons House of Assembly. " To comment on this departure from constitutional authority and fiscal establishment must be more than painful to all who appreciate the advantages of our happy constitution, and wish their continuance to the latest posterity ; but, however studious we may be to refrain from stricture, we cannot suppress the mixed emotion of our relative condition. We feel it as the representatives of a free people; we lament it as the subjects of a beneficent Sovereign ; and we hope that you in your relations to both will more than sympathize in so extraordinary an occurrence. " We beg leave to annex hereto a schedule of the 62 THE LIEUTENANT-GOVERNORS. moneys so misapplied, amounting to six hundred and seventeen pounds thirteen shillings and sevenpence, and we trust that you will not only order the same to be replaced in the Provincial Treasury, but will also direct that no moneys be issued thereout in future without the assent of Parliament or a vote of the Commons House of Assembly." That President Grant was willing to listen to any complaint of the Assembly on any public matter may be gathered from his reply to the address of that body, which was as follows : " Gentlemen of the House of Assembly : " I learn with regret from your address of the 1st of March that a degree of dissatisfaction prevails in the Commons House of Assembly with respect to the application of a sum of money stated to amount to six hundred and seventeen pounds thirteen shillings and sevenpence. At the time of my accession to the administration of the Government, I found that various items similar to those in the schedule accompanying your address had been charged against the provincial revenue, and acquiesced in for two years preceding, and I directed the usual mode to be followed in making up the accounts, which I ordered to be laid before you during the present session. The money in question has been undoubtedly applied to purposes useful and necessary for the general concerns of the Province. As I am, however, desirous to give every possible satisfac tion to the House of Assembly, I shall direct the matter to be immediately investigated, and if there has been ALEXANDER GRANT. 63 any error in stating the accounts, take measures to have it corrected and obviated for the time to come." President Grant lost no time in making the investiga tion promised in his answer to the address of the Assembly. On the 14th of March he wrote to Lord Castlereagh, Secretary of State, giving him a statement concerning the circumstances which gave rise to the address of the Commons and his reply. After some preliminary remarks, excusing if not justifying the issuing of his warrant to cover expenses connected with the Government, he said : " The language of that address is intemperate, especially when the bounty of Great Britain to the Province is taken into consideration. But I should be sorry if your Lordship supposed that the members of the House of Assembly for the greater part are inimical to the measures of the Government. They wish to do what is right ; but sequestered from the world, and some of them not having had the benefit of a liberal education, they are ready to be influenced by the persuasion of others who, by their means, endeavor to perplex if not to distress the administration of the Government of this Province." The concluding paragraph of the letter to Lord Castlereagh was a palpable hit at Judge Thorpe and his interference in the work of legislation, notwithstanding the fact that he was not a member of the Assembly. It gives a clue also to what Judge Thorpe had in his mind when in his letter to Under-Secretary Cooke he wrote : " I have had some public opportunities which did not escape me, and in private I will cultivate all that are deserving or tliat can be made useful." 64 THE LIEUTENANT-GOVERNORS. President Grant's investigation of the appropriation of moneys referred to compelled him to say to Lord Castlereagh : " I must, however, respecting the subject of the address, candidly confess, and since the prorogation of the Legislature I have taken every means to be informed, that I cannot discover anything by which the Governor, Lieutenant-Governor, or person administering the Government, possess the power of appropriating to specific purposes any part of the revenue raised for this Province by the Acts of its Legislature, without the assent of that Legislature to such appropriation. I therefore cannot help offering it to your Lordship, after the best consideration that I am able to give this subject, as my opinion, that matters should be put on the same footing as they were from the establishment of the Province to the year 1803, and that the items of expenditure charged in the year 1805, mentioned in the address of the House of Assembly, and stated in the schedule, should be withdrawn as against the duties imposed by the provincial authority. This would give complete satisfaction, and I have little doubt but that in such case, as in Lower Canada, the Legislature would appropriate a sum according to its abilities for the support of the civil government of this Province out of the revenue which is raised by authority." It is necessary only to add that the advice of President Grant in regard to the expenditure was followed. The Legislature, after his administration ceased, voted the necessary expenses which had been incurred. The right of the Assembly in the matter of expenditure of moneys was maintained, and the consti- ALEXANDER GRANT. 65 tution saved from a serious wrench. In view of what had gone before, it is interesting to note that by the time it fell to the lot of the succeeding Assembly to follow the counsel or suggestion of President Grant, Judge Thorpe had succeeded in obtaining a seat in the Legislature, and was the only member of the House who opposed the resolution of the House withdrawing its claim to the appropriation, or, as Judge Thorpe would say, the misappropriation of the moneys referred to. In all this matter President Grant had but followed a precedent which had been set by a previous Govern ment, and condoned by the passive assent of Parliament. Judge Thorpe was strictly correct in his constitutional law, and had he been a member of the Legislature no fault could have been found with his actively interfering to thwart the Government in an expenditure, however necessary, made without the assent of the House of Assembly previously obtained. It reflects credit on the administrator of the Govern ment, that finding the precedent which he had followed was not justified by the constitution, he quickly set about having the precedent repudiated. Happily the rights and privileges of Parliament are better under stood to-day than they were in the days of Mr. Justice Thorpe, perhaps in some measure due to the acuteness of that political judge. Commodore Grant married Miss Theresa Barthe, a French lady, on the 30th September, 1774. By her he had one son and eleven daughters. The writer was well acquainted with the son. Colonel Grant, who was living in Brockville in 1838. Those of the daughters who attained maturity were married to persons of note in 5 66 THE LIEUTENANT-GOVERNORS. their day. Their names will be recognized in those of their descendants, the Nichols, Gilkinsons, Dicksons, Duffs, Millers, Woods, and Richardsons. All the children of Commodore Grant were of large frame and comely appearance. Colonel Grant, his son, was- a tall man, upwards of six feet in height, and of powerful build, a good representation of a Highland chief. Colonel Gilkinson, of Brantford, and Judge Woods, of Chatham, are grandsons of Commodore Grant; also Alexander Miller, of Detroit. Commodore Grant died at his residence at Grosse Point, on Lake St. Clair, ten miles above the city of Detroit, sometime in the month of May, 1813. Here had he lived the most of his life, making periodical visits to York (Toronto) in the performance of his public duties. \p /-Tr^ ' i Tjr V 'J. ^y^¦^ .£>^<<^ CHAPTER V. FRANCIS GORE, LIEUTENANT-GOVERNOR. Francis Gore, Lieutenant-Governor of Bermuda, was appointed to succeed General Hunter as Lieutenant- Governor of Upper Canada, and arrived at Quebec in the month of July of the year 1806, and at York, the capital of the Province, on the 23rd day of August. In personal appearance Governor Gore was of the type of an English squire. He was, indeed, very English both in manner and appearance. In disposition he was kindly and benevolent ; rather given to rely on others than to be self-assertive. He could be imperious when the occasion called for it, but this was not his usual habit of demeanor. Dr. Scadding, referring to the new Governor, says : " The striking portrait which may be seen in Government House enables us to understand Governor Gore. We have before us evidently a typical gentleman of the later Georgian era; a 'counterfeit presentment,' as it might easily be imagined, of the Prince Regent himself ; one likely to be beloved by friends and boon companions for his good-natured geniality." Governor Gore was a comparatively young man when he first set foot in Upper Canada. He was born at Blackheath, in Kent, in the year 1769, and so was only 67 68 THE LIEUTENANT-GOVERNORS. thirty-seven years of age on his first coming to the colony. He was of good family, and had been highly favored before he became a Colonial Governor. The Gores were a branch of the family of the Earl of Arran, and Francis had acted as aide-de-camp to the Duke of Mecklenberg Sterlitz, a brother of Queen Charlotte, in the campaign in Portugal. This satisfactory service in the Portuguese campaign earned for him the Lieutenant- Governorship of Bermuda. He was in the military service of the Crown from the time he left school till his retirement from the army in 1802, on a pension. He held a commission in the 47th Regiment in 1787. In 1793 he obtained a lieutenancy in a local independent company, and in a few months was transferred to the 54th Regiment. He saw service on the Continent in 1794. In 1795 he was captain in a cavalry regiment, now the I7th Lancers, and accom panied Lord Camden, who had [been appointed Lord Lieutenant of Ireland. In 1799 he obtained the rank of major ; and in 1803 he married Arabella, sister oi: Sir Charles Wentworth. In the same year, on the breaking out of war with France, he rejoined the army, with the rank of lieu tenant-colonel, and was appointed Inspecting Field Officer of Volunteers on the coast of Kent, at that time threatened with an invasion by Napoleon's army. In 1804, on the recommendation of His Majesty King George III, he was appointed Governor of Bermuda, and retained that appointment until he was appointed Lieutenant-Governor of Upper Canada. It is related as an instance of his bluntness of manner that on the course of his voyage to Bermuda in the Aurora frigate FRANCIS GORE. 69 a strange sail hove in sight whose appearance and manoeuvres were suspicious, and the Aurora was promptly prepared for action. One of the officers on the quarter deck, observing Governor Gore taking great interest in the proceedings, made the remark, " Well, Governor, this is not your kind of work ; it may be as well, perhaps, when we near her to go below." " I'll be d d if I do," was the ready reply ; " my aim has been to meet the enemy, not to turn my back on him." This courageous answer obtained for him so much favor from the crew of the frigate that, on his disembarking at Bermuda, the gun-room officers, lieutenants, surgeon, officers of marine, master, etc., volunteered to man the boat to row him to shore. He was only in Bermuda about a year, as in 1806 he was sent to Canada. It had been made evident to Governor Gore that in accepting the administration of the Government of Upper Canada he could not hope to lie on a bed of roses. He was well aware that that vigorous agitator, Mr. Justice Thorpe, had so far ingratiated himself with the people as to lay the foundation of a party hostile to the governing body of the time. The first address presented to the Governor on his arrival in the Province was from the inhabitants of the home district, and was read by William Weeks, Solicitor- General and member of Parliament for the counties of York, Durham and Simcoe, on the 27th of August, at York, the capital. After congratulating the Governor on his arrival, and expressing gratification at the appointment of a gentleman unconnected with the military establishment, the address proceeded as follows : 70 THE LIEUTENANT-GOVERNORS. " In approaching your Excellency with a zealous attachment to a constitution which neither innovation can impair nor anarchy deform, we lament our being under the necessity of stating to you, that since the establishment of it in this country, its system has been mistaken and its energy misused. In situations in which it were matter of dignity as well as of duty to promote the public good, private interest only has been regarded and prerogative and privileges have been indis criminately sacrificed at the shrine of arbitrary imposi tion." This somewhat extraordinary address, which certainly contained matter most unusual in an address of welcome, and sounded more of the heat of a debate, clearly embodied the views of Mr. Justice Thorpe, whether he had any part in its composition or not. The answer by the Governor was very curt, simply thanking the 301 inhabitants of the Home District for their congratu lations on his arrival, but taking no notice of the complaint made as to the administration of the Government. This was a decided snub to the signers of the address, and, of course, roused the disfavor of the Judge, who now began to think that the only remedy for the evils in Government was that he himself should have a seat in the Legislature. That Judge Thorpe was determined to make public his views upon the governing powers of the day, is shown in his answer to the address of the grand jury of the London district, delivered a few days later, on the 13th of September, when he said : " To be the humble instrument of restoring harmony and happiness to your district is an excess of gratification. The act of govern- FRANCIS GORE. 71 ing is a difficult science ; knowledge is not intuitive and the days of inspiration have passed away. Therefore, when there was neither talent, education, information, nor even manner in the administration, little could be expected and nothing was produced. But there is an ultimate point of depression as well as exaltation from whence all human affairs advance or recede ; therefore, proportionate to your depression, we may expect your progress in prosperity will advance with accelerated velocity." This attack on the Government bore fruit, as no doubt the Judge intended, as we find that on the 20th October following a meeting was held by the freeholders of the County of York, at Moore's hotel, at which the Judge's friend, William Willcocks, was chairman, for the purpose of considering a proper person to represent them in Parliament, and it was resolved unanimously " that Mr. Justice Thorpe be requested to represent the counties of York, Durham and Simcoe in the place of the late lamented William Weeks, Esquire, deceased." The vacancy thus opportunely afforded to Judge Thorpe was caused by the death of Mr. Weeks, the presenter of the first address to the Governor, who was wounded in a duel with Mr. Dickson, of Niagara, and died of the wound in that same October. At the present day it would not be possible for a judge to be a candidate for member of Parliament, but this was not so in Governor Gore's day. There was no law against it ; it remained altogether with the individual judge whether his regard for his judicial position would permit him to engage in political strife. Judge Thorpe did not deem it incompatible with his judicial position 72 THE LIEUTENANT-GOVERNORS. to enter into the parliamentary arena, and promptly accepting the nomination for the counties of York, Dur ham and Simcoe, was triumphantly elected in place of Mr. Weeks. This was a great victory for the new party, the principal members of which were Mr. Justice Thorpe, Mr. Wyatt, Surveyor-General, and Mr. Willcocks, Sheriff of the Home District. The principles of this party, as estimated by Governor Gore, are expressed in a letter to Colonial Secretary Windham. On the 27th February, 1807, he wrote Mr. Windham : " Very soon after my arrival in this province I received information of a party of which Mr. Justice Thorpe, Mr. Wyatt, and a Mr. Willcocks, the sheriff, were the leaders, that were endeavoring by every means in their power to perplex and embarrass the King's Government in this colony." On the 5th January, 1807, William Allan, the return ing officer, advised the Governor of the election of Justice Thorpe to the Assembly, saying at the same time : " Mr. Justice Thorpe, after the closing of the poll, made a long harangue to the people then present (mostly his voters), as I conceived tending to disseminate principles by no means favorable to the Government of this country." The session of Parliament in which Judge Thorpe was a member opened on the 2nd day of February, 1807, and closed on the 10th of March following. There were only nine Acts passed during this session, the most important of which was " an Act to establish Public Schools in each and every district of this province." Mr. Justice Thorpe lost no time or opportunity in the House of attacking the Government, and as might have been foreseen, speedily brought on himself the anger of the Governor. He was in every sense an emphatic FRANCIS GORE. 73 Democrat, and in the estimation of Governor Gore he was a demagogue. Three days after the session closed, in a lengthy letter written by the Governor to Mr. Windham, the Colonial Secretary, the Governor thus complains of the delinquencies of the Judge member of Parliament : "Mr. Thorpe's conduct since he has been elected a member of the House of Assembly has been most inflam matory; and however it is to be lamented that the Government have not greater influence on the House of Assembly, during the session which has just closed he had been unable to carry any one point to embarrass the Government. He moved an address, which was most insidious and inflammatory, on the subject of those persons who had adhered to the unity of the empire, which was rejected. In his proposal for vesting the power of appointing trustees to the Public Schools in the House of Assembly, instead of the Lieutenant-Govenor, after a violent declamation and abuse of the Executive Government, he asserted that it was the privilege of the House of Assembly to nominate to office. In his attempt he was supported by two only ; and on a question relat ing to the duties imposed by the 1 4th of the King (which Mr. Thorpe contended was at the disposal of the Pro vincial Legislature) he stood alone ; and I am happy to observe that in this instance of a Judge of the Court of King's Bench making an attempt to derogate from the authority of the British Parliament, he could not in a popular assembly prevail on a single person to join him, notwithstanding his pathetic allusion to the revolt of the American colonies." In another part of his communication he said : 74 THE LIEUTENANT-GOVERNORS. "I have no hesitation in giving my opinion that if His Majesty is pleased to permit Mr. Thorpe to retain his situation in this Province, that the most serious evils may be apprehended. And I might not conceal from you that I have been urged by the most respectable gentlemen in this colony, for the sake of public tran quillity, to suspend Mr. Thorpe from his situation as judge. This advice I have resisted, having time to receive your directions before the commencement of the circuit, and confidently relying on your support to main tain order and authority in this province." As was to be expected, this communication of His Excellency the Lieutenant-Governor led Lord Castlereagh to give the Governor authority for the suspension of Justice Thorpe, and in a despatch dated June I7th, 1807, he addresses the Governor as follows : " Sir, — The various particulars which you have stated of Mr. Justice Thorpe having exceeded his duties as a judge by mixing in the political parties of the Province and encouraging an opposition to the administration, afforded such well-grounded reasons for believing that his continuance in office would lead to the discredit and dis-service of His Majesty's Government, that I am commanded to signify to you His Majesty's pleasure that you suspend Mr. Thorpe from the office of judge in Upper Canada, and measures will be taken for appointing a successor." Governor Gore obeyed the instructions of the British Government and suspended Mr. Thorpe from his office as judge, and so informed the Secretary of State by despatch dated 21st August, 1807. Lord Castlereagh was really well disposed towards FRANCIS GORE. 75 Judge Thorpe. It was only because of his disapproval of a judge mixing himself in politics that he was led to direct his suspension, hoping to be able, as he said in his despatch, " to recommend him to some other professional situation, under an assurance that he would confine himself to the duties of his profession thereafter, and abstain from engaging in Provincial-party politics." Judge Thorpe was transferred from Canada to Sierra Leone, being appointed Chief Justice in that British possession. He held the chief justiceship for twenty years, and then, on account of failing health, returned to England to end his judicial as well as his earthly career an impoverished man, tired of life and the troubles with which his existence had been surrounded. Mr. Thorpe's career contains a lesson. He was a good law yer and would have been a success as a judge if he had abstained from politics when holding that position. His impetuous nature and over-ambitious mind led him to quarrel with the Upper Canada Colonial authorities, in the hope, doubtless, of causing their downfall, and with the expectation that he and his followers would, on the destruction of the existing officials, secure their places and power in the colony. The result proved that the Governor was too strong for him. He fell, a victim to his own ambition, lamented by many political friends, but not by the much traduced officials, beginning with Governor Hunter and ending with Governor Gore and his Executive Council. Surveyor-General Wyatt, one of the officials who had sided with Judge Thorpe, falling under the displeasure of the Governor, was by him suspended from his office, and afterwards, following the suspension, was deprived of 76 THE LIEUTENANT-GOVERNORS. the office of Surveyor-General by the British Govern ment. His suspension and loss of office gave rise to an action of libel brought by him against Governor Gore. The action arose out of the publication of the alleged libel in a pamphlet, which did not appear to have been printed by the Governor, nor was he the author of it, but was so far countenanced by him that he circulated it by handing a copy to his Attorney-General, Boulton, for perusal. There were several counts in the declaration, alleging that the Governor had sent false representations to the British Government in regard to the plaintiff (Wyatt) ; and Sergeant Best, who acted for the plaintiff, admitted that it was incumbent on him to show that there were no just grounds for Mr. Wyatt's suspension, and that the Governor acted maliciously and without probable cause in suspending Mr. Wyatt. These counts were, however, abandoned at the trial, which did not come off until 1816, the plaintiS" relying in proving the libel solely on the circulation of the pamphlet. Chief Justice Gibbs, before whom the action was tried, in summing up, said : " I think the delivery of the pamphlet, which was not published till two years after the suspension, was a libel." The jury gave a verdict for the plaintiff on the count for libel. Leaving now the subject of Messrs. Thorpe and Wyatt, and their acts, it will be more profitable to refer to the Parliament of the Province under Governor Gore's ad ministration. The first session of the fourth Parliament met at York on the 20th day of January, 1808, and was prorogued on the 16 th day of February following. During this session an Act was passed of grave import- FRANCIS GORE. 77 ance at the time, and which was necessitated by the difficulties that had been presented in there being numerous claimants for identical parcels of land. These claimants had been a great source of trouble to the Governor and his officials. To put an end to this state of things, the Legislature passed an " Act to aflford relief to those persons who may be entitled to claim lands in this province as heirs or devisees of the nom inees of the Crown in cases where no patent had been issued for such lands." Under this Act, commissioners were appointed to hear and determine claims, thus removing from the Govern ment the reproach of partiality, to which they had been exposed, from persons in the Province who were not satisfied with some acts of the officials, and who were ever ready to make a grievance out of the smallest lapse of those charged with the duty of carrying on the government. Delays in getting patents was one of these grievances. Perhaps the most important after the Heir and Devisee Act, passed during Governor Gore's first administration, was an Act to promote the building of highways in the province in 1810. In a country sparsely settled, where the locatees of lots were often far distant from each other, this Act was a great boon to emigrants coming to the province. That it was a necessity appears from a letter from the Governor to Mr. Cooke, the Under-Colonial Secretary, two years before it was passed, in which he said : " A great cause of dissatisfaction is the want of roads." In 1808 there were rumors amongst the people of the Province that the relations between Great Britain and the United States were strained, and that it might 78 THE LIEUTENANT-GOVERNORS. result in war. Governor Gore, on the 21st March, 1808, wrote Lord Castlereagh, Secretary of State, that in the existing state of affairs he had thought it prudent to employ a confidential agent to obtain information as to the design of the American Government. To be fore warned is to be forearmed, and the Governor was vigi lant in protecting the interests of his Government and of the Province over which he presided. At the opening of the next session of Parliament the Governor, in addressing the House, said : " Hitherto we have enjoyed tranquillity, plenty and peace. How long it may please the Supreme Ruler of Nations thus to favor us is wisely concealed from our view. But under such circumstances it becomes us to prepare ourselves to meet every event, and to evince by our zeal and loyalty that we know the value of our con.stitution and are worthy the name of British subjects." One of the first Acts of the session was " an Act for quartering and billeting on certain occasions His Majesty's troops and the militia of this Province." The Governor and Legislature were thus preparing the way for a sturdy defence of the Province in case of invasion. Under this Act due provision was made for the service of the troops, whether regular or militia, when on the march. This Act was passed on the 9th of March, 1809. In 1810 the cabal against Governor Gore in the Province had attained such proportions and importance that they had prevailed on a Mr. Moore, a member of the English House of Commons, to give notice that he intended to move in the House relative to the conduct of Governor FRANCIS GORE. 79 Gore, and stating in his notice that discontent prevailed in the Province owing to his misconduct and oppression. We have already seen who were the leaders of the party antagonistic to Governor Gore, and that Surveyor- General Wyatt was one of the chiefs. In the month of March, 1810, Mr. William Dickson was advised by a letter from a friend in England that Mr. Moore and his friends had concluded to bring on his motion, but could not state when the debate on it would take place. It was now evident that an organized attempt would be made to procure a censure of the Governor by Parlia ment, and to compel his recall. In the result the motion failed to carry ; but, nevertheless, the attack made on him in the House of Commons was so severe that the Governor felt constrained to give up the administration of the Province for a time, and to proceed to England to meet his accusers face to face. On the 1st of August, 1810, he asked for and obtained leave of absence to visit England, ostensibly on private affairs, but undoubtedly also to answer in person the attack made on him upon the discussion of Mr. Moore's motion. It was, therefore, to defend both his public and private conduct against the calumny of his enemies, that he applied for leave of absence. The Governor remained, however, to perform his duties in the Province till the end of the session of the fifth Parliament, which commenced on the 1st day of February, 1811, and ended on the 13th day of March following, and in which no Act of particular significance was passed, unless it may be the Act passed " to make good certain moneys issued and advanced to His Majesty, through the Lieutenant-Governor, in pursuance of an 80 THE LIEUTENANT-GOVERNORS. address of the House." These were the moneys which, it had been claimed. Governor Hunter and Administra tor Grant had irregularly paid without a vote of the Provincial Assembly. Just before the Governor's departure for England, which did not take place till late in the autumn. Sir Isaac Brock, Commander of the King's forces in Upper Canada, paid a visit to the Governor at Government House in York, and it will not be out of place to give Sir Isaac's impression at the time. In writing to his brother in Guernsey from Fort George, Niagara, he said : " I returned recently from York, the capital of the Province, where I passed ten days with the Governor, as generous and honest a being as ever existed." This tribute from so noble a man as Sir Isaac Brock speaks volumes in favor of Governor Gore. HKa! k'rIW I jALi -in