"Slaves cannot breathe in England: if their lungs  Receive our air, that moment they are free;  They touch our country and their shackles fall."

But this was not true until Lord Mansfield, in 1772, uttered his famous judgment in the case of James Somerset, a slave brought over by a Mr. Stewart from Jamaica. Cowper's lines are in reality a versification of a portion of Lord Mansfield's words. A plea had been set up that villeinage had never been abolished by law in England; ergo, the possession of slaves was not illegal. But Lord Mansfield ruled: "Villeinage has ceased in England, and it cannot be revived. The air of England," he said, " has long been too pure for a slave, and every man is free who breathes it. Every man who comes into England," Lord Mansfield continued, "is entitled to the protection of English law, whatever oppression he may heretofore have suffered, and whatever may be the colour of his skin: Quamvis ille niger, quamvis tu candidus esses. Let the negro be discharged." But this is a digression.

Peter Russell's Peggy had been giving him uneasiness a few years previous to the advertisement copied above. She had been absenting herself without leave. Of this we are apprised in an advertisement dated York, September 2nd, 1803. It runs as follows: "The subscriber's black servant Peggy, not having his permission to absent herself from his service, the public are hereby cautioned from employing or harbouring her without the owner's leave. Whoever will do so after this notice may expect to be treated as the law directs. Peter Russell."

In the papers published at Niagara advertisements similar to those just given are to be seen. In the Niagara Herald of January 2nd, 1802, we have, "For sale: A negro man slave, 18 years of age, stout and healthy; has had the small pox and is capable of service either in the house or out-doors. The terms will be made easy to the purchaser, and cash or new lands received in payment. Enquire of the printer." And again in the Herald of January 18th: "For sale: the negro man and woman, the property of Mrs. Widow Clement. They have been bred to the business of a farm; will be sold on highly advantageous terms for cash or lands. Apply to Mrs. Clement."

Cash and lands were plainly beginning to be regarded as less precarious property than human chattels. In 1797 purchasers, however, were still advertising. In the Gazette and Oracle of October 11th, in that year, we read; "Wanted to purchase, a negro girl from seven to twelve years of age, of good disposition. For fuller particulars apply to the subscribers, W. and J. Crooks, West Niagara, Oct. 4th." At York, in 1800, the Gazette announces as "to be sold"—"A healthy strong negro woman, about thirty years of age; understands cooking, laundry and the taking care of poultry. N.B.—She can dress ladies' hair. Enquire of the Printers. York, Dec 20, 1800."

In respect to the following notice some explanation is needed. We presume the "Indian slave" spoken of must have been only part Indian. The detention of a native as a slave, if legal, would have been difficult. Mr. Charles Field, of Niagara, on the 28th of August, 1802, gave notice in the Herald: "All persons are forbidden harbouring, employing, or concealing my Indian slave Sal, as I am determined to prosecute any offender to the extremity of the law; and persons who may suffer her to remain in or upon their premises for the space of half-an-hour, without my written consent, will be taken as offending, and dealt with accordingly."

In the early volumes of the Quebec Gazette these slave advertisements are common. A rough wood-cut of a black figure running frequently precedes them. It appropriately illustrates the following one: "Run away from the subscriber on Tuesday, the 25th ult., a negro man, named Drummond, near six feet high, walks heavily; had on when he went away a dark coloured cloth coat and leather breeches. Whoever takes up and secures the said negro, so that his master may have him again, shall have Four Dollars reward, and all reasonable charges paid by John McCord. Speaks very bad English and next to no French." Another reads thus: "To be sold, a healthy Negro Boy, about fifteen years of age, well qualified to wait on a gentleman as a Body Servant. For further particulars inquire of the Printers."

Mr. Sol.-General Gray, lost in the Speedy, manumitted by his will, dated August 27th, 1803, and discharged from the state of slavery in which, as that document speaks, "she now is," his "faithful black woman servant, Dorinda," and gave her and her children their freedom; and that they might not want, directed that £1200 should be invested and the interest applied to their maintenance. To his black servants, Simon and John Baker, he gave, besides their freedom, 200 acres of land each, and pecuniary legacies. The Simon here named went down with his master in the Speedy; but John long survived. He used to state that his mother Dorinda, was a native of Guinea, and to describe Governor Hunter as a rough old warrior, who carried snuff in an outside pocket, whence he took it in handfuls, to the great disfigurement of his ruffled shirt-bosoms. His death was announced in the public papers by telegram from Cornwall, Ontario, bearing date January 17, 1871. "A coloured man," it said, "named John Baker, who attained his 105th year on the 25th ult., died here to-day. He came here as a chattel of the late Colonel Gray, in 1792, having seen service in the Revolutionary war. Subsequently he served throughout the war of 1812. He was wounded at Lundy's Lane, and has drawn a pension for fifty-seven years." Mr. Gray, it may be added, was a native of our Canadian town of Cornwall. His place of abode in York was in what is now Wellington Street, on the lot immediately to the west of the old "Council Chamber" (subsequently the residence of Chief Justice Draper.)

We ourselves, we remember, used to gaze, in former days, with some curiosity at the pure negress, Amy Pompadour, here in York, knowing that she had once been legally made a present of by Miss Elizabeth Russell to Mrs. Captain Denison.

But enough of the subject of Canadian slavery, to which we have been inadvertently led.

The old Court House, when abandoned by the law authorities for the new buildings on King Street, was afterwards occasionally employed for religious purposes. By an advertisement in the Advocate, in March, 1834, we learn that the adherents of David Willson, of Whitchurch, sometimes made use of it. It is there announced that "the Children of Peace will hold Worship in the Old Court House of York, on Sunday, the 16th instant, at Eleven and Three." Subsequently it became for a time the House of Industry or Poor House of the town.

Besides the legal cases tried and the judgments pronounced within the homely walls of the Old Court House, interest would attach to the curious scenes—could they be recovered and described—which there occurred, arising sometimes from the primitive rusticity of juries, and sometimes from their imperfect mastery of the English language, many of them being, as the German settlers of Markham and Vaughan were indiscriminately called, Dutchmen. Peter Ernest, appearing in court with the verdict of a jury of which he was foreman, began to preface the same with a number of peculiar German-English expressions which moved Chief Justice Powell to cut him short by the remark that he would have to commit him if he swore:—when Ernest observed that the perplexities through which he and the jury had been endeavouring to find their way, were enough to make better men than they were express themselves in an unusual way.—The verdict, pure and simple, was demanded. Ernest then announced that the verdict which he had to deliver was, that half of the jury were for "guilty" and half for "not guilty." That is, the Judge observed, you would have the prisoner half-hanged, or the half of him hanged. To which Peter replied, that would be as his Lordship pleased.—It was a case of homicide. Being sent back, they agreed to acquit.

Odd passages, too, between pertinacious counsel and nettled judges sometimes occurred, as when Mr. H. J. Boulton, fresh from the Inner Temple, sat down at the peremptory order of the Chief Justice, but added, "I will sit down, my Lord, but I shall instantly stand up again."

Chief Justice Powell, when on the Bench, had a humorous way occasionally, of indicating by a kind of quiet by-play, by a gentle shake of the head, a series of little nods, or movements of the eye or eyebrow, his estimate of an outré hypothesis or an ad captandum argument. This was now and then disconcerting to advocates anxious to figure, for the moment, in the eyes of a simple-minded jury, as oracles of extra authority.

Nights, likewise, there would be to be described, passed by juries in the diminutive jury-room, either through perplexity fairly arising out of the evidence, or through the dogged obstinacy of an individual.

Once, as we have heard from a sufferer on the occasion, Colonel Duggan was the means of keeping a jury locked up for a night here, he being the sole dissentient on a particular point. That night, however, was converted into one of memorable festivity, our informant said, a tolerable supply of provisions and comforts having been conveyed in through the window, sent for from the homes of those of the jury who were residents of York. The recusant Colonel was refused a moment's rest throughout the live-long night. During twelve long hours pranks and sounds were indulged in that would have puzzled a foreigner taking notes of Canadian Court House usages.

When 10 o'clock a.m. of the next day arrived, and the Court re-assembled, Colonel Duggan suddenly and obligingly effected the release of himself and his tormentors by consenting to make the necessary modification in his opinion.

Of one characteristic scene we have a record in the books of the Court itself. On the 12th of January, 1813, as a duly impanelled jury were retiring to their room to consider of their verdict, a remark was addressed to one of their number, namely, Samuel Jackson, by a certain Simeon Morton, who had been a witness for the defence: the remark, as the record notes, was in these words, to wit, "Mind your eye!" to which the said Jackson replied "Never fear!" The Crier of the Court, John Bazell, duly made affidavit of this illicit transaction. Accordingly, on the appearance in court of the jury, for the purpose of rendering their verdict, Mr. Baldwin, attorney for the prosecution, moved that the said Jackson be taken into custody: and the Judge gave order "that Samuel Jackson do immediately enter into recognizances, himself in £50, and two sureties in £25 each, for his appearance on the Saturday following at the Office of the Clerk of the Peace, which," as the record somewhat inelegantly adds, "he done." He duly appeared on the Saturday indicated, and, pleading ignorance, was discharged.

In the Court House in 1822 was tried a curious case in respect of a horse claimed by two parties, Major Heward, of York, and General Wadsworth, commandant of the United States Garrison at Fort Niagara. Major Heward had reared a sorrel colt on his farm east of the Don; and when it was three years old it was stolen. Nothing came of the offer of reward for its recovery until a twelvemonth after the theft, when a young horse was brought by a stranger to Major Heward, at York, and instantly recognized by him as his lost property. Some of the major's neighbours likewise had no doubt of the identity of the animal, which, moreover, when taken to the farm entered of his own accord the stable, and the stall, the missing colt used to occupy, and, when let out into the adjoining pasture, greeted in a friendly way a former mate, and ran to drink at the customary watering place. Shortly after, two citizens of the United States, Kelsey and Bond, make their appearance at York and claim the horse which they find on Major Heward's farm, as the property of General Wadsworth, commandant at Fort Niagara. Kelsey swore that he had reared the animal; that he had docked him with his own hands when only a few hours old; and that he had sold him about a year ago to General Wadsworth. Bond also swore positively that this was the horse which Kelsey had reared, and that he himself had broken him in, prior to the sale to General Wadsworth. It was alleged by these persons that a man named Docksteader had stolen the horse from General Wadsworth at Fort Niagara and had conveyed him across to the Canadian side.

In consequence of the positive evidence of these two men the jury gave their verdict in favour of General Wadsworth's claim, with damages to the amount of £50. It was nevertheless generally held that Kelsey and Bond's minute narrative of the colt's early history was a fiction; and that Docksteader, the man who transferred the animal from the United States side of the river to Canadian soil, had also had something to do with the transfer of the same animal from Canada to the United States a twelvemonth previously.

The subject of this story survived to the year 1851, and was recognized and known among all old inhabitants as "Major Heward's famous horse Toby."

Within the Court House on Richmond Street took place in 1818 the celebrated trial of a number of prisoners brought down from the Red River Settlement on charges of "high treason, murder, robbery, and conspiracy," as preferred against them by Lord Selkirk, the founder of the Settlement. When our neighbourhood was itself in fact nothing more than a collection of small isolated clearings, rough-hewn out of the wild, "the Selkirk Settlement" and the "North West" were household terms among us for remote regions in a condition of infinite savagery, in comparison with which we, as we prided ourselves, were denizens of a paradise of high refinement and civilization. Now that the Red River district has attained the dignity of a province and become a member of our Canadian Confederation, the trial referred to, arising out of the very birth-throes of Manitoba, has acquired a fresh interest.

The Earl of Selkirk, the fifth of that title, was a nobleman of enlightened and cultivated mind. He was the author of several literary productions esteemed in their day; amongst them, of a treatise on Emigration, which is spoken of by contemporaries as an exhaustive, standard work on the subject. For practically testing his theories, however, Lord Selkirk appears to have desired a field exclusively his own. Instead of directing his fellow-countrymen to one or other of the numerous prosperous settlements already in process of formation at easily accessible and very eligible spots along the St. Lawrence and the Lakes Ontario, Erie and Huron, he induced a considerable body of them to find their way to a point in the far interior of our northern continent, where civilization had as yet made no sensible inroad; to a locality so situated that if a colony could contrive to subsist there, it must apparently of necessity remain for a very long period dismally isolated. In 1803, Bishop Macdonell asked him, what could have induced a man of his high rank and great fortune, possessing the esteem and confidence of the Government and of every public man in Britain, to embark in an enterprise so romantic; and the reply given was, that, in his opinion, the situation of Great Britain, and indeed of all Europe, was at that moment so very critical and eventful, that a man would like to have a more solid footing to stand upon, than anything that Europe could offer. The tract of land secured by Lord Selkirk for emigration purposes was a part of the territory held by the Hudson's Bay Company, and was approached from Europe not so readily by the St. Lawrence route as by Hudson's Strait and Hudson's Bay. The site of the actual settlement was half-a-mile north of the confluence of the Assiniboine and Red Rivers, streams that unitedly flow northward into Lake Winnipeg, which communicates directly at its northern extremity with Nelson River, whose outlet is at Port Nelson or Fort York on Hudson's Bay. The population of the Settlement in the beginning of 1813 was 100. Mr. Miles Macdonell, formerly a captain in the Queen's Rangers, appointed by the Hudson's Bay Company first Governor of the District of Assiniboia, was made by the Earl of Selkirk superintendent of affairs at Kildonan. The rising village was called Kildonan, from the name of the parish in the county of Sutherland whence the majority of the settlers had emigrated.

The Montreal North West Company of Fur Traders was a rival of the Hudson's Bay Company. Whilst the latter traded for the most part in the regions watered by the rivers flowing into Hudson's Bay, the former claimed for their operations the area drained by the streams running into Lake Superior.

The North West Company of Montreal looked with no kindly eye on the settlement of Kildonan. An agricultural colony, in close proximity to their hunting grounds, seemed a dangerous innovation, tending to injure the local fur trade. Accordingly it was resolved to break up the infant colony. The Indians were told that they would assuredly be made "poor and miserable" by the new-comers if they were allowed to proceed with their improvements; because these would cause the buffalo to disappear. The colonists themselves were informed of the better prospects open to them in the Canadian settlements and were promised pecuniary help if they would decide to move. At the same time, the peril to which they were exposed from the alleged ill-will of the Indians was enlarged upon. Moreover, attacks with fire-arms were made on the houses of the colonists, and acts of pillage committed. The result was that in 1815, the inhabitants of Kildonan dispersed, proceeding, some of them, in the direction of Canada, and some of them northwards, purposing to make their way to Port Nelson, and to find, if possible, a conveyance thence back to the shores of old Scotland. Those, however, who took the northern route proceeded only as far as the northern end of Lake Winnipeg, establishing themselves for a time at Jack River House. They were then induced to return to their former settlement, by Mr. Colin Robertson, an agent of the Hudson's Bay Company, who assured them that a number of Highlanders were coming, via Hudson's Bay, to take up land at Kildonan. This proved to be the fact; and, in 1816, the revived colony consisted of more than 200 persons. On annoyance being offered to the settlement by the North West Company's agent, Mr. Duncan Cameron, who occupied a post called Fort Gibraltar, about half a mile off, Mr. Colin Robertson, with the aid of his Highlandmen, seized that establishment, and recovered two field-pieces and thirty stand of arms that had been taken from Kildonan the preceding year. Cameron himself was also made a prisoner. (Miles Macdonell, Governor of Assiniboia, had been captured by the said Cameron in the preceding year, and sent to Montreal.) A strong feeling was aroused among the half-breeds, far and near, who were in the interest of the North West Company. In the spring of 1816, Mr. Semple, the Governor of the Hudson's Bay Company, appeared in person at the Red River, having been apprized of the growing troubles. During an angry conference on the 18th of June, with a band of seventy men, headed by Cuthbert, Grant, Lacerte, Fraser, Hoole, and Thomas McKay, half-breed employés of the North West Company, he was violently assaulted; and in the melée he was killed, together with five of his officers and sixteen of his people. Out of these events sprang the memorable trials that took place in the York Court House in 1818.

The Earl of Selkirk being desirous of witnessing the progress made by his emigrants at Red River, paid a visit to this continent in the autumn of 1815. On arriving at New York he heard of the dispersion at Kildonan, and the destruction of property there. He proceeded at once to Montreal and York to consult with the authorities. The news next reached him that his colony had been re-established, at least partially. He immediately despatched a trusty messenger, one Lagimonière, with assurances that he himself would speedily be with them, bringing proper means of protection. But Lagimonière was waylaid and never reached his destination.

It happened, about this time, in consequence of the peace just established with the United States, that the De Meuron, Watteville and Glengarry Fencible Regiments were disbanded in the country. About eighty men of the De Meuron, with four of the late officers, twenty of the Watteville, and a few of the Glengarry, with one of their officers, agreed to accompany Lord Selkirk to the Red River. On reaching the Sault, the tidings met the party of the second dispersion of the colony, and of the slaughter of Governor Semple and his officers. The whole band at once pushed on to Fort William, where were assembled many of the partners of the North West Company, with Mr. McGillivray, their principal Agent. Here were also some of the persons who had been made prisoners at Kildonan.

Armed simply with a commission of a Justice of the Peace, Lord Selkirk then and there, at his encampment opposite Fort William across the Kaministigoia, issued his warrant for the arrest of Mr. McGillivray.

It is duly served and Mr. McGillivray submits. Two partners who came over with him as bail are also instantly arrested. The prisoners had been previously liberated and information was procured from them.

Warrants were then issued for the arrest of the remainder of the partners, who were found in the Fort. Some resistance was now offered. The gate of the Fort was partially closed by force; but a party of twenty-five men instantly rushed up from the boats and cleared the way into the Fort. At the signal of a bugle-call more men came over from the encampment, and their approach put an end to the struggle. The arrests were then completed, and the remaining partners were marched down to the boats. "At the time this resistance to the warrant was attempted there were," our authority informs us, "about 200 Canadians, i. e., French, in the employment of the Company, in and about the Fort, together with 60 or 70 Iroquois Indians, also in the Company's service."

The Earl of Selkirk was plainly a man not to be trifled with; a chief who, in the olden time, would have been equal to the roughest emergency.

The prisoners brought down from Fort William, and after the lapse of nearly two years placed at the Bar in the Old Court House of York, were arraigned as follows: "Paul Brown and F. F. Boucher, for the murder of Robert Semple, Esq., on the 18th of June, 1816; John Siveright, Alexander McKenzie, Hugh McGillis, John McDonald, John McLaughlin and Simon Fraser, as accessories to the same crime; Cooper and Bennerman, for taking, on the third of April, 1815, with force and arms, eight pieces of cannon and one howitzer, the property of the Right Hon. Thomas, Earl of Selkirk, from his dwelling house, and putting in bodily fear of their lives certain persons found therein." The cannons were further described as being two of them brass field-pieces, two of them brass swivels, four of them iron swivels.—In each case the verdict was "not guilty."

The Judges were Chief Justice Powell, Mr. Justice Campbell, Mr. Justice Boulton, and Associate Justice W. Allan, Esq. The counsel for the Crown were Mr. Attorney-General Robinson and Mr. Solicitor-General Boulton. The counsel for the prisoners were Samuel Sherwood, Livius P. Sherwood, and W. W. Baldwin, Esq.

The juries in the three trials were not quite identical. Those that served on one or other of them are as follows:—George Bond, Joseph Harrison, Wm. Harrison, Joseph Shepperd, Peter Lawrence, Joshua Leach, John McDougall, jun., Wm. Moore, Alexander Montgomery, Peter Whitney, Jonathan Hale, Michael Whitmore, Harbour Stimpson, John Wilson, John Hough, Richard Herring.

The Earl of Selkirk was not present at the trials. He had proceeded to New York, on his way to Great Britain. He probably anticipated the verdicts that were rendered. The North-West Company influence in Upper and Lower Canada was very strong.

At a subsequent Court of Oyer and Terminer held at York, a true bill against the Earl and nineteen others was found by the Grand Jury, for "conspiracy to ruin the trade of the North-West Company." Mr. Wm. Smith, Under-Sheriff of the Western District, obtained a verdict of £500 damages for having been seized and confined by the said Earl when endeavouring to serve a warrant on him in Fort William; and Daniel McKenzie, a retired partner of the North-West Company, obtained a verdict of £1,500 damages for alleged false imprisonment by the Earl in the same Fort.—Two years later, namely, in 1820, Lord Selkirk died at Pau, in the South of France.







XXI.

QUEEN STREET—FROM YONGE STREET TO COLLEGE AVENUE.—DIGRESSION SOUTHWARD AT BAY STREET; OSGOODE HALL; DIGRESSION NORTHWARD AT THE AVENUE.

Leaving now the site of our ancient Court House, the spot at which we arrive in our tour is one of very peculiar interest. It is the intersection at right angles of the two great military ways carved out through the primitive forest of Western Canada by order of its first Governor. Dundas Street and Yonge Street were laid down in the first MS. maps of the country as highways destined to traverse the land in all future time, as nearly as practicable in right lines, the one from east to west, the other from south to north. They were denominated "streets," because their idea was taken from the famous ancient ways, still in several instances called "streets," which the Romans, when masters of primitive Britain, constructed for military purposes. To this day it is no unpleasant occupation for the visitor who has leisure, to track out the lines of these ancient roads across England. We ourselves once made a pilgrimage expressly for the purpose of viewing the intersection of Iknield Street and Watling Street, in the centre of Dunstable, and from our actual knowledge of what Canada was when its Yonge Street and Dundas Street were first hewn out, we realized all the more vividly the condition of central England when the Roman road-makers first began their work there.

Dundas Street has its name from the Right Hon. Henry Dundas, Secretary of State for the Colonies in 1794. In that year Governor Simcoe wrote as follows to Mr. Dundas:—"Dundas Street, the road proposed from Burlington Bay to the River Thames, half of which is completed, will connect by an internal communication the Detroit and settlements at Niagara. It is intended," he says, "to be extended northerly to York by the troops, and in process of time by the respective settlers to Kingston and Montreal." In another despatch to the same statesman he says:—"I have directed the surveyor, early in the next spring to ascertain the precise distance of the several routes which I have done myself the honour of detailing to you, and hope to complete the Military Street or Road the ensuing autumn." In a MS. map of about the same date Dundas Street is laid down from Detroit to the Pointe au Bodêt, the terminus on the St. Lawrence of the old boundary line between Upper and Lower Canada. From the Rouge River it is sketched as running somewhat further back than the line of the present Kingston Road; and after leaving Kingston it is drawn as though it was expected to follow the water-shed between the Ottawa and the St. Lawrence. A road is sketched, running from the Pointe au Bodêt to the Ottawa, and this Road is struck at an acute angle by Dundas Street.

A manuscript note appears on the map, "The Dundas Street is laid out from Oxford to the Bay of Quinté; it is nearly finished from Oxford to Burlington Bay."

In 1799 the Constellation, a paper published at Niagara, informs its readers, under the date of Friday, August 2nd, in that year, that "the wilderness from York to the Bay of Quinté is 120 miles; a road of this distance through it," it then says, "is contracted out by Government to Mr. Danforth, to be cut and completed by the first of July next; and which, when completed, will open a communication round the Lake by land from this town [Niagara] with the Bay, Kingston, &c. Hitherto," the Constellation continues, "in the season of winter our intercourse with that part of the province has been almost totally interrupted. Mr. Danforth has already made forty miles of excellent road," the editor encourages his patrons by observing, "and procured men to the number sufficient for doing the whole extent by the setting in of winter. It would be desirable also," Mr. Tiffany suggests, "were a little labour expended in bridging the streams between Burlington Bay and York; indeed the whole country," it is sweepingly declared, "affords room for amendment in this respect."

It is plain from this extract that if the men of the present generation would have a just conception of what was the condition of the region round Lake Ontario seventy years ago, they must pay a visit to the head of Lake Superior and perform the journey by the Dawson road and the rest of the newly-opened route from Fort William to Winnipeg.

The Gazette of December 14, 1799, was able to speak approvingly of the road to the eastward. "The road from this town (York) to the Midland District is," it says, "completed as far as the Township of Hope, about sixty miles, so that sleighs, waggons, &c., may travel it with safety. The report which has been made to the Government by the gentlemen appointed to inspect the work is," the Gazette then proceeds to say, "highly favourable to Mr. Danforth, the undertaker; and less imperfections could not be pointed out in so extensive a work. The remaining part," it is added, "will be accomplished by the first of July next." The road to which these various extracts refer, is still known as the Danforth Road. It runs somewhat to the north of the present Kingston Road, entering it by the town line at the "Four Mile Tree."

Yonge Street, which we purpose duly to perambulate hereafter, has its name from Sir George Yonge, a member of the Imperial Government in the reign of George III. He was of a distinguished Devonshire family, and a personal friend of Governor Simcoe's.

The first grantee of the park-lot which we next pass in our progress westward was Dr. Macaulay, an army surgeon attached successively to the 33rd Regiment and the famous Queen's Rangers. His sons, Sir James Macaulay, first Chief Justice of the Common Pleas, and Colonel John Simcoe Macaulay, a distinguished officer of Engineers, are well remembered. Those who have personal recollections of Dr. Macaulay speak of him in terms of great respect. The southern portion of this property was at an early period laid out in streets and small lots. The collection of houses that here began to spring up was known as Macaulay Town, and was long considered as bearing the relation to York that Yorkville does to Toronto now. So late as 1833 Walton, in his Street Guide and Register, speaks of Macaulay Town as extending from Yonge Street to Osgoode Hall.

James Street retains the Christian name of Dr. Macaulay. Teraulay Street led up to the site of his residence, Teraulay Cottage, which after having been moved from its original position in connection with the laying out of Trinity Square off Yonge Street, was destroyed by fire in 1848. The northern portion of Macaulay Town was bounded by Macaulay Lane, described by Walton as "fronting the fields." This is Louisa Street.

Of the memorable possessor of the property on the south side of Queen Street, opposite Macaulay Town, Mr. Jesse Ketchum, we shall have occasion to speak hereafter, when we pass his place of abode in our proposed journey through Yonge Street. The existing Free Kirk place of worship, known as Knox Church, stands on land given by Mr. Ketchum, and on a site previously occupied by a long oblong red brick chapel which looked towards what is now Richmond Street, and in which a son-in-law of his, Mr. Harris, officiated to a congregation of United Synod Presbyterians. The donor was probably unconscious of the remarkable excellence of this particular position as a site for a conspicuous architectural object. The spire that towers up from this now central spot is seen with peculiarly good effect as one approaches Toronto by the thoroughfare of Queen Street whether from the east or from the west.

Digression Southward at Bay Street.

Old inhabitants say that Bay Street, where we are now arrived, was at the first in fact "Bear Street," and that it was popularly so called from a noted chase given to a bear out of the adjoining wood on the north, which, to escape from its pursuers, made for the water along this route. Mr. Justice Boulton's two horses, Bonaparte and Jefferson, were once seen, we are told, to attack a monster of this species that intruded on their pasture on the Grange property a little to the west. They are described as plunging at the animal with their fore feet. In 1809, a straggler from the forest of the same species was killed in George Street by Lieut. Fawcett, of the 100th regiment, who cleft the creature's head open with his sword. This Lieut. Fawcett was afterwards Lieut.-Col. of the 100th, and was severely wounded in the war of 1812.

Bay street, as we pass it, recalls one of the early breweries of York. We have already in another place briefly spoken of Shaw's and Hugill's. At the second north-west corner southward, beer of good repute in the town and neighbourhood was manufactured by Mr. John Doel up to 1847, when his brewery was accidentally burnt. Mr. Doel's name is associated with the early post-office traditions of York. For a number of years he undertook and faithfully accomplished the delivery with his own hands of all the correspondence of the place that was in those days thus distributed. His presence at a door in the olden time was often a matter of considerable interest.

In the local commotions of 1837, Mr. Doel ventured in an humble way to give aid and comfort to the promoters of what proved to be a small revolution. We cannot at this hour affirm that there was anything to his discredit in this. He acted, no doubt, in accordance with certain honest instincts. Men of his class and stamp, shrewd in their ideas and sturdy against encroachments, civil and religious, abound in old Somersetshire where he first drew breath. His supposed presumption in having opinions on public questions induced the satirists of the non-progressive side to mention him occasionally in their philippics and pasquinades. His name has thus become associated in the narrative of Upper Canadian affairs with those of the actual chiefs of the party of reform. In 1827, Robert Randal, M.P., was despatched to London as a delegate on the part of the so-called "Aliens" or unnaturalized British subjects of United States origin. A series of burlesque nominations, supposed to be suggested by Randal to the Colonial Secretary, appeared at this time, emanating of course from the friends of the officials of the day. We give the document. It will be seen that Mr. Doel is set down in it for the Postmaster-Generalship. The other persons mentioned will be all readily recalled.

"Nominations to be dictated by the Constitutional Meeting, on Saturday next, in the petition for the redress of grievances to be forwarded to London by Ambassador Randal. Barnabas Bidwell—President of Upper Canada—with an extra annual allowance for a jaunt, for the benefit of his health, to his native State of Massachusetts. W. W. Baldwin—Chief Justice and Surgeon-General to the Militia Forces—with 1,000,000 acres of land for past services, he and his family having been most shamefully treated in having grants of land withheld from them heretofore. John Rolph—Attorney-General, and Paymaster-General to the Militia—with 500,000 acres of land for his former accounts as District Paymaster, faithfully rendered. Marshall S. Bidwell—Solicitor-General—with an annual allowance of as much as he may be pleased to ask for, rendering no account—for the purpose of 'encouraging emigration from the United States,' and a contingent account if he shall find it convenient to accompany the President to Massachusetts. The Puisne Judges—to be chosen by ballot in the Market Square, on the 4th of July in each and every year, subject to the approval of W. W. B., the Chief Justice. Their salaries to be settled when going out of office. Jesse Ketchum, Jos. Sheppard, Dr. Stoyell, and A. Burnside—Executive and Legislative Councillors. Joint Secretaries—William Lyon McKenzie and Francis Collins, with all the printing. John Carey—Assistant Secretary, with as much of the printing as the Joint Secretaries may be pleased to allow him. Moses Fish—Inspector of Public Buildings and Fortifications. J. S. Baldwin—Contractor-General to the Province, with a monopoly of the trade. T. D. Morrison—Surveyor-General and Inspector of Hospitals. Little Doel—Postmaster-General. Peter Perry—Chancellor of the Exchequer and Receiver-General. The above persons being thus amply provided for, their friends, alias their stepping stones," the document just quoted proceeds to state, "may shift for themselves; an opportunity, however, will be offered them for 'doing a little business' by disposing of all other public offices to the lowest bidder, from whom neither talent nor security will be required for the performance of their duties. Tenders received at Russell Square, Front Street, York. The Magistracy, being of no consequence, is to be left for after consideration. The Militia, at the particular request of Paul Peterson, [M.P. for Prince Edward,] to be done away altogether; and the roads to take care of themselves. The Welland Canal to be stopped immediately, and Colonel By to be recalled from the Rideau Canal. N.B. Any suggestions for further improvements will be thankfully received at Russell Square, as above."—(The humour of all this can of course be only locally understood.)

Mr. Doel arrived in York in 1818, occupying a month in the journey from Philadelphia to Oswego, and a week in that from Oswego to Niagara, being obliged from stress of weather to put in at Sodus Bay. At Niagara he waited three days for a passage to York. He and his venerable helpmeet were surviving in 1870, at the ages respectively, of 80 and 82.—Not without reason, as the event proved, they lived for many years in a state of apprehension in regard to the stability of the lofty spire of a place of worship close to their residence. In 1862, that spire actually fell, eastward as it happened, and not westward, doing considerable damage. Mr. Doel died in 1871.

By the name of the short street passing from Adelaide Street to Richmond Street, a few chains to the west of Mr. Doel's corner, we are reminded of Harvey Shepard, a famous worker in iron of the former time, whose imprint on axe, broad axe or adze, was a guarantee to the practical backwoodsman of its temper and serviceable quality. Harvey Shepard's axe factory was on the west side of this short street. Before his establishment here he worked in a smithy of the customary village type, on King Street, on the property of Jordan Post. Like Jordan Post himself, Harvey Shepard was of the old fashioned New England mould, elongated and wiry. After a brief suspension of business, a placard hung up in the country inns characteristically announced to his friends and the public that he had resumed his former occupation and that he would, "by the aid of Divine Providence," undertake to turn out as good axes as any that he had ever made; which acknowledgement of the source of his skill is commendable surely, if unusual. So also, there is no one who will refuse to applaud an epigrammatic observation of his, when responding to an appeal of charity. "Though dealing usually in iron only, I keep," he said, "a little stock of silver and gold for such a call as this." The factory on Shepard Street was afterwards worked by Mr. J. Armstrong, and subsequently by Mr. Thomas Champion, formerly of Sheffield, who, in 1838, advertised that he had "a large stock of Champion's warranted cast steel axes, made at the factory originally built by the late Harvey Shepard, and afterwards occupied by John Armstrong. As Shepard's and Armstrong's axes have been decidedly preferred before any others in the Province," the advertisement continues, "it is only necessary to state that Champion's are made by the same workmen, and from the very best material, to ensure for them the same continued preference."—We now return from our digression southward at Bay Street.

Chief Justice Elmsley was the first possessor of the hundred acres westward of the Macaulay lot. He effected, however, a certain exchange with Dr. Macaulay. Preferring land that lay higher, he gave the southern half of his lot for the northern half of his neighbour's, the latter at the same time discerning, as is probable, the prospective greater value of a long frontage on one of the highways into the town. Of Mr. Elmsley, we have had occasion to speak in our perambulation of King Street in connection with Government House, which in its primitive state was his family residence; and in our progress through Yonge Street hereafter we shall again have to refer to him. In 1802 he was promoted from a Puisne Judgeship in Upper Canada to the Chief Justiceship of Lower Canada.

The park-lot which follows was originally secured by one who has singularly vanished out of the early traditions of York—the Rev. T. Raddish. His name is inscribed on this property in the first plan, and also on part of what is now the south-east portion of the Government-house grounds. He emigrated to these parts under the express auspices of the first Lieutenant-Governor, and was expected by him to take a position of influence in the young colony of Upper Canada. But, habituated to the amenities and conveniencies of an old community, he speedily discovered either that an entirely new society was not suited to him or that he himself did not dovetail well into it. He appears to have remained in the country only just long enough to acquire for himself and heirs the fee simple of a good many acres of its virgin soil. In 1826 the southern portion of Mr. Raddish's park-lot became the property of Sir John Robinson, at the time Attorney General.—The site of Osgoode Hall, six acres, was, as we have been assured, the generous gift of Sir John Robinson to the Law Society, and the name which the building bears was his suggestion.

Osgoode Hall.

The east wing of the existing edifice was the original Osgoode Hall, erected under the eye of Dr. W. W. Baldwin, at the time Treasurer of the Society. It was a plain square matter-of-fact brick building two storeys and a half in height. In 1844-46 a corresponding structure was erected to the west, and the two were united by a building between, surmounted by a low dome. In 1857-60 the whole edifice underwent a renovation; the dome was removed; a very handsome façade of cut stone was put up; the inner area, all constructed of Caen stone, reminding one of the interior of a Genoese or Roman Palace, was added, with the Court Rooms, Library and other appurtenances, on a scale of dignity and in a style of architectural beauty surpassed only by the new Law Courts in London. The pediment of each wing, sustained aloft on fluted Ionic columns, seen on a fine day against the pure azure of a northern sky, is something enjoyable.

Great expense has been lavished by the Benchers on this Canadian Palais de Justice; but the effect of such a pile, kept in its every nook and corner and in all its surroundings in scrupulous order, is invaluable, tending to refine and elevate each successive generation of our young candidates for the legal profession, and helping to inspire amongst them a salutary esprit de corps.

The Library, too, here to be seen, noble in its dimensions and aspect, must, even independently of its contents, tend to create a love of legal study and research.

The Law Society of Osgoode Hall was incorporated in 1822. The Seal bears a Pillar on which is a beaver holding a Scroll inscribed Magna Charta. To the right and left are figures of Justice and Strength (Hercules.)

An incident associated in modern times with Osgoode Hall is the Entertainment given there to the Prince of Wales during his visit to Canada in 1860, on which occasion, at night, all the architectural lines of the exterior of the building were brilliantly marked out by rows of minute gas-jets.

Here, too, were held the impressive funeral obsequies of Sir John Robinson, the distinguished Chief Justice of Upper Canada, in 1862. In the Library is a large painting of him in oil, in which his finely cut Reginald Heber features are well delineated. Sayer Street, passing northward on the east side of Osgoode Hall, was so named by Chief Justice Robinson, in honour of his mother. In 1870 the name was changed, probably without reflection and certainly without any sufficient cause.

The series of paintings begun in Osgoode Hall, conservative to future ages of the outward presentment of our Chief Justices, Chancellors and Judges, is very interesting. All of them, we believe, are by Berthon, of Toronto. No portrait of Chief Justice Osgoode, however, is at present here to be seen. The engraving contained in this volume is from an original in the possession of Capt. J. K. Simcoe, R. N., of Wolford, in the County of Devon.

After filling the office of Chief Justice in Upper Canada, Mr. Osgoode was removed to the same high position in Lower Canada. He resigned in 1801 and returned to England. Among the deaths in the Canadian Review of July, 1824, his is recorded in the following terms:—"At his Chambers in the Albany, London, on the 17th of February last, Wm. Osgoode, Esq., formerly Chief Justice of Canada, aged 70. By the death of this gentleman," it is added, "his pension of £800 sterling paid by this Province now ceases." It is said of him, "no person admitted to his intimacy ever failed to conceive for him that esteem which his conduct and conversation always tended to augment." Garneau, in his History of Canada, iii., 117, without giving his authority, says that he was an illegitimate son of George III. Similar tattle has been rife from time to time in relation to other personages in Canada.

A popular designation of Osgoode Hall long in vogue was "Lawyers' Hall:"