Contents—Military rule—Imperial Act, 1774—French Canada—Refugees—Military Government in Upper Canada—New Districts—Lunenburgh—Mecklenburgh—Nassau—Hesse—The Judges—Duncan—Cartwright—Hamilton—Robertson—Court in Mecklenburgh—Civil Law—Judge Duncan—Judge Cartwright—Punishment inflicted—First execution—New Constitution of Quebec—1791, Quebec Bill passed—Inhabitants of Upper Canada.
For three years after the conquest the Province of Quebec was governed by military laws, but in 1774, the British Government introduced a Bill, conferring civil rights upon the Canadian French, with a governing council of not more than 23, nor less than 17. The laws, religion and language were secured to the Province, as before the conquest, so that in most respects, excepting the presence of an English Governor, Canada remained a French Colony. The timely concessions of the British Government, and the natural antipathy felt by the Canadians to the New Englanders, prevented in a most positive way, any desire or intention, on the part of the Canadians, to take sides with the revolting British Provinces. When the loyalist refugees began to pick their way into Canada they found themselves as it were in a foreign country. A colony it is true, under the government of an English Governor, but nevertheless consisting of a people entirely dissimilar to themselves. While the war continued the presence of a large number of British troops made the country seem less foreign in its character; but the close of the war, and the disbanding of many of the companies, and withdrawal of others, left the unhappy refugees in a society to them altogether unnatural. It was under such circumstances that steps were taken to survey land upon the upper waters, to which the loyalists might go. The plan pursued by Government was, not to extend the operation of the laws belonging to Lower Canada, and therefore French and unnatural, to the settlements in Upper Canada; but to marshal the pioneer in bands under officers, with the necessary appointments, to secure order, protect interests, and administer justice. The first settlers of Upper Canada, then came in military order, by word of command, and were directed to the point where each should find the land allotted him, and meet his wilderness foe.
All alike were governed by military law, until 1788. Says the historian of Dundas, “It was decided by Government that the first settlers should live under Martial Law, till such times as it should be rescinded, and replaced by competent courts of justice. But by martial law was meant only, that the English laws, having by the settlement of this part of Canada, been introduced, should be its laws for the present, and that these laws, which very few knew, should be martially executed by the Captain in command, having the superintendence of the particular locality.”
Upon the 24th July, 1788, Lord Dorchester issued a proclamation, dated at the Castle of St. Louis, Quebec, forming a certain number of new districts in the Province of Quebec. Upper Canada was formed into four districts, viz.: Lunenburgh, which extended from the borders of Lower Canada “to the River Gananoque, now called Thames;” Mecklenburgh, which included the settlement from Gananoque to the Trent River; Nassau, extending from the Trent to Long Point on Lake Erie; Hesse, which embraced the remaining parts of Western Canada, including Detroit. The division was based upon the number of settlers rather than the extent of territory.
To each of these districts was appointed a Judge, a Sheriff, &c. The Judge seems to have been clothed with almost absolute power. He dispensed justice according to his own understanding or interpretation of the law, and a Sheriff or Constable stood ready to carry out the decision, which in his wisdom, he might arrive at. These four courts of Common Pleas constituted it seems the whole machinery of the law in Upper Canada, after the people ceased to be under military jurisdiction. It may have been, however, probably was, that appeal could be made against the Judge’s decision, to the Governor and Council. There were no other magistrates, and no lawyers in those primitive happy days.
Of the four Judges appointed to the districts, positive knowledge can be obtained but of three; these are Richard Duncan, Judge of Lunenburgh, Richard Cartwright, Judge of Mecklenburgh, and Robert Hamilton, Judge of Nassau. Not unlikely, William Robertson, of Detroit, was Judge of Hesse. This opinion is ventured from the fact that this gentleman was the most successful and prominent man in that locality; the same as Duncan, Cartwright, and Hamilton were in theirs.
Respecting the Judgeship of Mecklenburgh, the Rev. Mr. Stuart writes, 1788, that “our new settlements have been lately divided into four districts, of which this place (Kingston,) is the Capital of one called New Mecklenburgh. I had a commission sent me as first Judge of the Court of Common Pleas, which I returned to Lord Dorchester, who left a few days ago.” The office thus refused was subsequently filled by Mr. Richard Cartwright. In a letter before us, written by John Ferguson, dated 29th December, 1788, it is stated that “our Courts are opened, but they have done nothing particular, but I suppose will in a few days.” This was the commencement of other than martial law at the Bay of Quinté. 1788 then, is the year in which civil law began to be administered. This was considered a boon by the British Americans, who objected quite as much to military law, when the individual might not by education, be qualified to dispense judgment and justice, as they did to the French laws of Lower Canada. Indeed the loyalists of Lower Canada complained very much that they had lost the protection of British laws. And probably many were induced to ascend to Upper Canada where the British law was in operation. At the same time Upper Canada remained a part of the Province of Quebec.
Reference is made in the History of Dundas, to Judge Duncan, of Lunenburgh as follows: “As a soldier he was generous and humane.” The Court sat at Mariatown, of which he was the founder. He “seemed to have monopolized every office. A storekeeper, and holding a Captain’s rank, he dealt out law, dry goods and groceries alternately.” The court room was at the place of Richard Loucks, who kept a store and tavern, about a mile below the present eastern limits of the County of Dundas. The name of the Sheriff was Munro, probably John Munro, who was subsequently called to the Legislative Council.
With respect to Judge Cartwright, the reader is referred to individual U. E. Loyalists for a notice of his history. The fact that he was selected as the Judge after the office was refused by Mr. Stuart, shows that he was a man of influence, education and wealth, and persons are now living who remember him as a “big man,” along the Bay. From all that we can learn, it is most probable that Judge Cartwright held his court at Finkle’s tavern, Ernesttown. It is stated that he convicted the first man that was hanged in Canada. The crime charged against him for which he was executed was watch stealing. The article was found upon him, and although he declared he had bought it of a pedlar, yet, as he could not prove it, he was adjudged guilty of the crime, and sentenced to be hanged. Dr. Connor, of Ernesttown, stood up in court and appealed against the decision of the Judge, but he was hissed down, and the law took its course. The man was hanged, and subsequently the pedlar from whom the watch had been purchased came along and corroborated the dying words of the unfortunate man.
The most common punishment inflicted upon those convicted of high offences, was that of banishment for a certain number of years, or for life, to the United States, “a sentence next to that of death, felt to be the most severe that could be inflicted.” “Minor offences were atoned for in the pillory. For a long time there stood one such primitive instrument of punishment, at Richard Louck’s Inn, the centre of law and Justice for the Lunenburgh District.” (History of Dundas).
The first person executed at Niagara was in 1801, a woman by name of Loudon, who was convicted of poisoning her husband, at Grimsby.
The difference between the French and British in Canada, as to religion, language and laws, was so great that, although efforts were earnestly made to unite the two races, the divergence of views continued to increase. And the result was, that a Bill was introduced into the Imperial Parliament, by the Government, which duly became law.
On Friday, 4th March, 1791 Mr. Chancellor Pitt moved, “that His Majesty’s message concerning the New Constitution for Quebec might be read. It was read accordingly.”
“George R.—His Majesty thinks it proper to acquaint the Commons, that it appears to His Majesty, that it would be for the benefit of His Majesty’s subjects in the Province of Quebec, that the same should be divided into separate provinces, to be called the Province of Upper Canada and the Province of Lower Canada; and that it is accordingly his Majesty’s intention so to divide the same, whenever His Majesty shall be enabled by Act of Parliament to establish the necessary regulations for the government of the said Provinces. His Majesty therefore recommends this object to the consideration of this House,” &c., &c. The discussion which arose in connection with the passage of this Bill was of unusual interest, and produced that historic scene between Burke and Fox, during which “tears trickled down the cheeks” of the latter, as “he strove in vain to give utterance to feelings that dignified and exalted his nature.” The Bill passed its third reading on the 18th May.
At this time there were distributed along the St. Lawrence, the Bay of Quinté, Niagara frontier, Amherstburgh, with the French settlement on the Thames, and the Indians at Grand River, about 20,000 souls, or double the number, who came at the first as refugees, and disbanded soldiers.
For a list of the Governors of Upper Canada see Appendix.
Contents—Simcoe—His arrival in Canada—Up the St. Lawrence—An old house—“Old Breeches’ River”—Simcoe’s attendants—The old veterans—“Good old cause”—“Content”—Toasting—Old officers—Executive Council of Upper Canada—First entry—Simcoe inducted to office—Religious ceremony—“The proceedings”—Those present—Oath of office—Organization of Legislative Council—Assembly—Issuing writs for elections—Members of Council—Simcoe’s difficulty—At Kingston—Division of Province—The Governor’s officers—Rochfoucault upon Simcoe—Simcoe’s surroundings—His wife—Opening Parliament in 1795—Those present—Retinue—Dress—The nineteen counties—Simcoe’s designs—Visit of the Queen’s father—At Kingston—Niagara—A war dance.
Colonel John Graves Simcoe, the pioneer Governor of Upper Canada, and the Lieutenant-Governor under Lord Dorchester, entered upon the duties of his office, July 8, 1792.
His arrival in Canada was signalled by much rejoicing, as he passed along in a fleet of bark canoes from Lower Canada, by the St. Lawrence. A writer, in 1846, relates some interesting facts respecting this passage. He speaks of one house then remaining in Johnstown, which remained in all its original proportions. “It is built in the Dutch style, with sharp-pointed roof, and curious gables.” This house was framed of oak of the finest growth; and, considering that it has been drawn from lot to lot, until it has traveled almost the entire extent of the bay, (at Johnston) within the last half century, it certainly is a remarkable edifice. It is now a hostelrié, as it has always been, and no sign of repentance can be yet seen in its huge sign-board, exhibited at the top of a taper pine, on which some cunning disciple of Michael Angelo, hath depicted a tolerably sized square, and a pair of exquisitely expansive compass, striding classically, in imitation of the Collosus of Rhodes, with the staring capitals of “Live and let live—St. John’s Hall—Peace and plenty to all mankind”—thrown in as a sort of relief to the compass, and as a sweet inducement to the weary and dust-begrimmed traveler to walk in, and make himself as comfortable as the little peculiarities of the lazy-eyed landlord, and the singular temperament of the land-lady, will allow.
“This house is Governor Simcoe’s house. In it John Graves Simcoe, the first Governor of the U. E. Loyalists, himself a hearty, brave old colonel, who fought in the cause of these men, held his levee, on his first arrival in Upper Canada. Time hallows all. Young Canada has her antiquities—although she may be more prone to look forward to the future with hope, than back on the past with regret. Yet the house in which John Graves Simcoe reposed himself, and cast his martial eye over the gracefully curving bay, the sparkling river, and the dilapidated fortifications of the old French fort, built during the French ascendancy; on the point and islands below, may still be an object of interest to more than those who reside in the vicinity, in a Province, which owes so much of its present prosperity to the good commencement made by one possessed of his historic heroism, humanity, and noble self-denial in the cause of an exiled race. The house stood on a point of land formed by the bay, and a small stream which passes from the north westward, called formerly by the French, “Riviere de la Vielle Culotte,” which being translated, probably means “Old Breeches’ River.” Governor Simcoe had, but a short half-hour previously, taken his departure for Niagara, in one of the large bark canoes with which the passage on the St. Lawrence, and along the shore of the lakes, was then generally made. A brigade of smaller canoes and boats followed him, conveying his suite, and a few soldiers; and never since the year 1756, when Montcalm led his army upward to the attack of Oswego, had the swelling bosom of the wild forest river borne so glad a sight as on that sparkling morning.
“The old piece of ordnance, obtained from the island fort below, had ceased to belch forth its thunders from the clay bank; whereon, fort want of trunnions it had been deposited. The gentry of the surrounding country, collected together for the occasion, and looking spruce, though weather-beaten, in their low-tasselled boots, their queer old broad-skirted military coats, and looped chapeaux, with faded feathers fluttering in the wind, had retired to the inn, and were toasting in parting goblets, the “good old cause for ever,” previously to betaking themselves to their woodland path homeward, or embarking in their canoes to reach their destinations by water, above or below.
“Now I am content—content, I say, and can go home to reflect on this proud day. Our Governor—the man of all others—has come at last—mine eye hath seen it—drink to him gentlemen—he will do the rest for us,”—cried Colonel Tom Fraser, his face flushed and fiery, and his stout frame drawn up to its full height at the head of the table.
“We do—we do!” vociferated young Kingsmill, emptying his glass, and stamping to express joy. “Bonhomme” Tom Fraser then got on his legs, and shouted a brawny young soldier’s echo to the toast of his relative.
The mild, placid countenance of Dr. Solomon Jones, was lighted up by the occasion, and he arose also, and responded to the toast, recounting some of the services performed by the newly appointed Lieutenant-Governor in the late war.
Captain Elijah Bottum, a large portly person, having at his side a formidable basket-hilted claymore, then addressed them in brief military phrase, and gave one of the old war slogans. Major Jessup followed in the same strain, and proposed a sentiment which was received with vociferous cheers by the younger portion of the company. Captain Dulmage, Captain Campbell, Pay-master Jones, Commissary Jones, Captain Gid. Adams, Lieutenant Samuel Adams, Ephraim Webster, Captain Markle, Captain Grant, and numerous other captains and officers, managed to make themselves heard on the joyful occasion, until finally the meeting broke up, and the company separated not to meet again until the next fourth day of June, in the following year.
The first entry in the journals of the Executive Council of Upper Canada, gives an account of the induction of Colonel Simcoe into the gubernatorial office at Kingston. The event was made one of solemnity and religious observance, the proceedings taking place on a Sunday, in the old church of wood, which stood opposite the market-place. We quote an extract from the proceedings of the Executive Council.
“His Excellency John Graves Simcoe, Esq., Lieutenant-Governor of the Province of Upper Canada, colonel, commanding the forces in the said Province, &c., &c., having appointed the Protestant church, as a suitable place for the reading and publishing of his Majesty’s commissions, he accordingly repaired thither, attended by the Hon. William Osgoode, Chief Justice; the Hon. James Baby, the Hon. Peter Russell, together with the Magistrates and principal inhabitants, when the said commission appointing his Excellency (Grey) Lord Dorchester, Captain-General and Governor-in-chief, &c., &c., of Upper and Lower Canada, and also the commission appointing the said John Graves Simcoe, Governor of the Province of Upper Canada, were solemnly read and published.”
The oaths of office were then administered to his Excellency. According to the Royal instructions to Governor Simcoe, he was to have five individuals to form the first Executive Council. The five named were William Osgoode, William Robertson, James Baby, Alexander Grant, and Peter Russell, Esqs. The next day, Monday, Osgoode, Baby, and Russell were sworn into office, as Executive Councillors. Robertson was not then in the Province; Grant was sworn in a few days after.
Upon the 17th of July, a meeting of the council was held at the Government House, at Kingston, when the first steps were taken to organize a Legislative Council, and assembly writs were issued, summoning the gentlemen who were to form the first Legislative Council. These were, in addition to those forming the Executive Council, Richard Duncan, Robert Hamilton, Richard Cartwright, Junr., John Munro, and we believe, Thomas Fraser. These constituted the Legislative Council.
Two of the nine, it would seem, never took upon themselves the duties of the high place thus allotted them. One was Richard Duncan, who lived at Mariatown, County of Dundas. He was a captain, and had, in 1788, been appointed Judge of the Lunenburgh district. When Upper Canada became a separate province, Judge Duncan, as well as Cartwright, Judge of Mecklenburgh, were appointed Legislative Councillors. Duncan was a man of extensive business, and highly respected; but “some transactions in connection with banking business, were so imprudent,” that “he left the country somewhat abruptly for the United States,” and “never dared to return,” (Croil). This unfortunate affair, whatever its nature may have been, probably occurred about the time of the above mentioned appointment, as he shortly after removed to Schenectady, New York, where he continued to live until his death. The other was Mr. Robertson, a resident of Sandwich, where he had become a successful merchant. He never took his seat in the council, the reason of which does not appear.
It is stated that, according to the despatches of Simcoe to the Imperial Government, he found no little difficulty in obtaining suitable persons to fill the offices of the Executive and Legislative Council, who would absent themselves from home for the purpose.
The Executive Council continued to hold meetings at Kingston up to the 21st July, when Simcoe proceeded westward, and determined to make the village at the mouth of Niagara River, his capital.
Upon the same day that the Governor and Council issued summonses to the gentlemen of the Legislative Council, the 16th July, a proclamation was likewise issued, forming the Province into Counties, and specifying the number of representatives to be elected by the people to constitute the Legislative Assembly. And these proclamations were speedily conveyed and posted in every settlement.
The following were the officers connected with the Governor while at Newark. “Military Sec. Major Littlehales; Provincial Aide-de-Camp, Thomas Talbot; Solicitor General, Mr. Gray; Clerk of Executive Council, Mr. Small; Civil Secretary, William Jarvis; Receiver General, Peter Russell; Surveyor General, D. W. Smith; Assistant Surveyor General, Thomas Ridout and William Chewitt.” The Council Chamber was a building near to Butler’s barracks on the hill, where the Episcopal and Catholic Churches assembled occasionally, and alternately. The first meeting of the Executive at Newark, was held on the 29th September. Ten days after this was the opening of Parliament. Peter Clark was appointed Clerk of the Legislative Council; John G. Law, Usher of the Black Rod. The superintendent of the Indian department, was Colonel John Butler, of Butler’s Rangers of the Revolutionary war.
John White, the first Attorney-General of Upper Canada, came to the country, accompanied by Thomas Ward, in 1792.
The Duke de la Rochefoucault, Linancourt, a French nobleman, traveling in America, in 1795, visited Governor Simcoe, and remarks in his writings that “Upper Canada is a new country, or rather a country yet to be formed. It was probably for this reason General Simcoe accepted the government of it. He was fully aware of the advantages which his native land might derive from such a colony, if it attained perfection; and imagined that means might be found adequate to this purpose. This hope was the only incitement which could impel a man of independent fortune, to leave the large and beautiful estates he possesses in England, and to bury himself in a wilderness, among bears and savages. Ambition, at least, appears not to have been his motive; as a man, in Gen. Simcoe’s situation, is furnished with abundant means of distinguishing himself by useful activity, without removing to a great distance from his native country. But, whatever have been his motives, his design has been attended with consequences highly beneficial. The plan conceived by General Simcoe for peopling and improving Upper Canada, seems, as far as he has communicated to us, extremely wise and well arranged.” The same writer says, that Simcoe had a hearty hatred against the United States, that he had been a zealous promoter of the war, in which he took a very active part. “In his private life Governor Simcoe is simple, plain, and obliging. He inhabits a small miserable wooden house, which formerly was occupied by the Commissaries. His guard consists of four soldiers, who every morning come from the fort, and return thither in the evening. He lives in a noble and hospitable manner, without pride. Mrs. Simcoe is a lady of thirty-six years of age. She is bashful, and speaks little, but she is a woman of sense, handsome and amiable, and fulfils all the duties of a mother and wife with the most scrupulous exactness. The performance of the latter she carries so far as to act the part of Secretary to her husband. Her talents for drawing, the practice of which she confines to maps and plans, to enable her to be extremely useful to the Governor.” “The Governor is colonel of a regiment of Queen’s Rangers, stationed in the Province. His servants are privates of this regiment which is stationed elsewhere.”
“During our residence at Navy Hall, the Session of the Legislature of Upper Canada was opened. (This was 1795). The Governor had deferred it till that time, on account of the expected arrival of a Chief Justice from England, and from a hope that he should be able to acquaint the members with the particulars of the treaty with the United States. But the harvest has now begun, which in a higher degree than elsewhere engages, in Canada, the public attention. Two members of the Legislative Council were present instead of seven; no Chief Justice appeared who was to act as Speaker; instead of sixteen members of the Assembly only five attended. The law requires a greater number of members for each House, to discuss and determine upon any business, but within two days a year will have expired since the last Session. The Governor has therefore thought it right to open the Session. The whole retinue of the Governor consisted in a guard of fifty men of the garrison of the fort. Dressed in silk, he entered the Hall with his hat on his head, attended by the Adjutant and two Secretaries. The two members of the Legislative Council gave, by their Speaker, notice of it to the Assembly. Five members of the latter having appeared at the bar, the Governor delivered a speech,” &c.
When Simcoe undertook the administration of the newly established Province, a proclamation was issued which divided the Province into nineteen counties. In the creation of this division, Simcoe had a view to military organization. Rochefaucault says, “The maxims of government professed by Gen. Simcoe are very liberal and fair; he detests all arbitrary and military government, without the walls of the fort; and desires liberty in its utmost latitude, so far as is consistent with the constitution and law of the land. He is, therefore, by no means ambitious of investing all power and authority in his own hands; but consents to the Lieutenants, whom he nominates for each county the right of appointing the Justices of the Peace, and Officers of the Militia.”
“A Justice of the Peace could assign, in the King’s name, 200 acres of land to every settler, whom he knew to be worthy, and the surveyor of the district was to point out to the settler the land allotted him.”—(Rogers). Simcoe desired to populate the Province as speedily as possible, no doubt he felt anxious the United States should not get too far ahead. The schemes conceived by him for the settlement, government, and defence of the Province, have received the approval of most men capable of judging. But he remained not to carry out the plan intended. In 1796, shortly after the close of the first session of the second Parliament, he was instructed by the Imperial authorities to repair to St. Domingo, to assume the same duties; and the Hon. Peter Russell, President of the Council, was delegated to discharge the duties belonging to the office of Governor, and he enjoyed all the emoluments and perquisites arising therefrom.
During the occupancy of Simcoe, an event came to pass which may be here appropriately referred to. It was a visit to Upper Canada of the Duke of Kent, father of our much loved Queen. Prince Edward was stationed at Quebec with his regiment, having arrived a short time before the division of the Province of Quebec, and consequently before Simcoe came. Desiring to see the Upper Province, he set out in a calash, drawn by a French pony, accompanied by his suite. At Montreal he took a batteau, manned with Frenchmen, for Kingston. At Oswegotchie, “the royal party was met by a pleasure barge from Kingston, manned by seamen and military, accompanied by Peter Clark, of the Naval Department at Kingston.” From thence they were speedily rowed to Kingston, where the King’s schooner, the ‘Mohawk,’ Commodore Bouchette, commander, was in waiting to receive him. The Prince went on board, and after a tedious passage, safely reached Newark, where he was received by the firing of guns. As soon as horses and saddles could be mustered, the royal party wended their way by a narrow river road on the high banks of the Niagara river to the Falls. The only tavern, or place of accommodation, was a log hut for travelers to refresh themselves. There, the party alighted, and, after partaking of such refreshments as the house afforded, followed an Indian path through the woods to the Table Rock. There was a rude Indian ladder by which to descend to the rocks below, 160 feet. This consisted of a long pine tree with the branches cut off, leaving length enough at the trunk to place the foot upon, and hold on by the hands, in ascending or descending. (This Indian ladder continued in use several years later, when it was superseded by a ladder furnished from money, given by a lady from Boston to the guide). Our illustrious traveler availed himself of this rude mode of descent. The Prince and party lunched at the Hon. Mr. Hamilton’s on their way back. In the evening, the Prince was amused by a war dance by the Mohawks, headed by Brant himself. The next day, the Prince re-embarked, and proceeded to Quebec. There is a tradition in Marysburgh that he stopped on his way down in Smith’s Bay, to admire the beauty of that place.
Contents—General Hunter—Peter Russell—Francis Gore, 1806—Alex. Grant—Brock—1812—United States declare war—Prompt action—Parliament—Proclamation—The issue—Second proclamation—General Hull—His proclamation—Bombast and impertinence—The Indians—Proclamation answered—Hull a prisoner—Michigan conquered—To Niagara—At Queenston heights—“Push on York Volunteers”—Death of Brock—McDonnell—War of 1812, the Americans—Extract from Merritt—What Canadians did—Brock’s monument—General Sheaffe—General Drummond—Invading the States—What Canada will do—Lord Sydenham—A tribute by Dr. Ryerson—Union of the Provinces.
Lieutenant General Peter Hunter, who had been Colonel of the 24th Regiment stationed at Newark, was the second Governor for Upper Canada; his accession to office was on the 17th August, 1799. During the two previous years, Hon. Peter Russell had been President. He continued to hold the position until his death, which took place at Quebec, 21st August, 1865. His age was sixty-nine.
The third Governor of Upper Canada was His Excellency Francis Gore, who assumed the gubernatorial functions on the 25th August, 1806. In the interim between this period and the death of Hunter, the Hon. Alexander Grant having been President. The reign of Gore was one of ease. No conflicting parties as yet disturbed the political arena of the Province. Year after year he convened Parliament, which enacted laws for the growing requirements of the colony, with a degree of harmony not subsequently present. In 1811, he resigned, when Sir Isaac Brock became President, upon the 30th September. Although but the President, and not a Lieutenant-Governor, he requires some notice.
General Brock.—In the year 1812, in June, the United States declared war against Great Britain, ostensibly, on the question of the right of England to take her seamen from American vessels to which they had deserted; but, in reality, the object of the war was to acquire Canada, and as England was engaged with an European war, it was deemed a favorable opportunity by President Madison, to subjugate the people whom they had once dispossessed of their inheritance. The declaration of war was quickly made known to General Brock, even sooner than the enemy thought possible, who promptly took necessary steps to secure the defence of the Province, against the dastardly intentions of the invader. On the 20th June, he issued orders to Captain Roberts, at St. Joseph, which issued in the capture of Fort Michilmacinac, with seventy men, beside valuable cargoes of furs. On the 28th July, he met the Parliament at York, which continued in session eight days, and sent forth a proclamation to the people, with these concluding remarks: “We are engaged in an awful and eventful contest. By unanimity in our councils, and by vigor in our operations, we may teach the enemy this lesson, that a country defended by freeman, enthusiastically devoted to the cause of their King and constitution, can never be conquered.” Remarkable words! How true the sentiments. And so, animated by this belief, strong in the consciousness of right, indignant at an unprincipled foe, he went on his way showing to all an example of “vigor,” and displaying the bravery which freemen alone know how to practice, until in the hour of victory, death overtook him on Queenston Heights. The address of General Brock was supplemented by one from the Legislative Assembly, and no excuse need be offered for introducing it here in extenso. It ought to be read by every Canadian, and the truths it contains made known to the rising generation, that they may know the history of the fathers of those who support Fenianism. Know how unscrupulous the neighbours we have upon our southern borders, have ever been.
“Already have we the joy to remark, that the spirit of loyalty has burst forth in all its ancient splendour. The militia in all parts of the Province have volunteered their services with acclamation, and displayed a degree of energy worthy the British name.
“They do not forget the blessings and privileges which they enjoy under the protection and fostering care of the British Empire, whose government is only felt in this country by acts of the purest justice and most pleasing and efficacious benevolence. When men are called upon to defend everything they call precious, their wives and children, their friends and professions, they ought to be inspired with the noblest resolutions, and they will not be easily frightened by menaces, or conquered by force. And, beholding as we do, the flame of patriotism, burning from the one end of the Canadas to the other, we cannot but entertain the most pleasing anticipations. Our enemies have indeed said that they can subdue this country by proclamation; but it is our part to prove to them, that they are sadly mistaken; that the population is determinedly hostile, and that the few who might be otherwise inclined, will find it their safety to be faithful. Innumerable attempts will be made, by falsehood, to detach you from your allegiance, for our enemies, in imitation of their European master, trust more to treachery than to force, and they will, no doubt, make use of many of those lies, which unfortunately, for the virtuous part of those States, and the peace and happiness of the world, had too much success during the American rebellion; they will tell you that they are come to give you freedom, yes, the base slaves of the most contemptible faction that ever distracted the affairs of any nation,—the minions of the very sycophants who lick the dust from the feet of Bounaparte, will tell you that they are come to communicate the blessing of liberty to this Province; but you have only to look at your situation to put such hypocrites to confusion. Trusting more to treachery than open hostility, our enemies have already spread their emmissaries through the country to seduce our fellow-subjects from their allegiance, by promises as false as the principles on which they are founded. A law has therefore been enacted for the speedy detection of such emmissaries, and for their condign punishment on conviction. Remember when you go forth to the combat, that you fight, not for yourselves alone, but for the whole world. You are defeating the most formidable conspiracy against the civilization of man that ever was contrived. Persevere as you have begun, in your strict obedience to the laws, and your attention to military discipline; deem no sacrifice too costly, which secures the enjoyment of our happy constitution; follow, with your countrymen in Britain, the paths of virtue, and like them, you shall triumph over all your unprincipled foes.”
This address was followed by a second one from General Brock, on the 22nd July, 1812, in which he reviewed an address which had been issued by the American General, who had invited the Canadians to seek voluntarily, the protection of his government; also the threat to show no quarter if the Indians appeared in the ranks; Brock eloquently defended their right to defend their homes against an invading foe.
General Brock having prorogued Parliament, pushed on to the scene of Hull’s invasion, where he had issued a proclamation to the Canadians characterised by absurdity, falsehood, and Yankee brag. Indeed, it seems quite impossible for any American General to indite, an address or proclamation, without exposing himself to ridicule. Having already collected an army at Detroit, General Hull, the commanding officer, crossed over to Sandwich on the Canadian side, and issued the following modest address to the
“Inhabitants of Canada.”—“After thirty years of peace and prosperity, the United States have been driven to arms. The injuries and aggressions, the insults and indignities of Great Britain, have once more left them no alternative but namely, resistance or unconditional submission. The army under my command has invaded your country, and the standard of Union now waves over the territory of Canada. To the peaceable and unoffending inhabitants it brings neither danger nor difficulty. I come to find enemies, not to make them. I come to protect, not to injure you. Separated by an immense ocean, and an extensive wilderness, from Great Britain, you have no participation in her councils, nor interest in her conduct. You have felt the tyranny, you have seen her injustice, but I do not ask you to avenge the one or redress the other. The United States are sufficiently powerful to afford you every security consistent with their rights, and your expectations. I tender you the invaluable blessings of civil, political, and religious liberty, and their necessary result, individual and general prosperity; that liberty which gave decision to our councils, and energy to our conduct, in our struggle for independence, and which conducted us safely and triumphantly through the stormy period of the Revolution. That liberty which has raised us to an elevated rank among nations of the world, and which has afforded us a greater measure of peace and security, of wealth and improvement, than ever fell to the lot of any people. In the name of my country, and by the authority of my country, and by the authority of my government, I promise protection to your persons, property, and rights. Remain at your homes, pursue your peaceful and customary avocations; raise not your hands against your brethren; many of your fathers fought for the freedom and independence we now enjoy. Being children, therefore, of the same family with us, and heirs of the same heritage, the arrival of my army of friends must be hailed by you with a cordial welcome. You will be emancipated from tyranny and oppression, and restored to the dignified station of free men. Had I any doubt of eventual success, I might ask your assistance, but I do not. I come prepared for every contingency, I have a force which will look down all opposition—and that force is but the vanguard of a much greater. If contrary to your own interests, and the just expectation of my country, you will be considered and treated as enemies, the horrors and calamities of war will stalk before you. If the barbarous and savage policy of Great Britain be pursued, and the savages are let loose to murder our citizens, and butcher our women and children, this war will be a war of extermination. The first stroke of the tomahawk, the first attempt with the scalping knife, will be the signal of one indiscriminate scene of desolation. No white man found fighting by the side of an Indian, will be taken prisoner; instant destruction will be his lot. If the dictates of reason, duty, justice, and humanity, cannot prevent the employment of a force which respects no right, and knows no wrongs, it will be prevented by a severe and relentless system of retaliation. I doubt not your courage and firmness; I will not doubt your attachment to liberty. If you tender your services voluntarily, they will be accepted readily. The United States offer you peace, liberty, and security. Your choice lies between these and war, slavery, and destruction. Choose then, but choose wisely; and may he who knows the justice of our cause, and who holds in his hands the fate of nations, guide you to a result the most compatible with your rights and interests, your peace and prosperity.”
But it was not long till the same Gen. Hull was a prisoner among them, and in his journey from Detroit to Quebec he had abundant opportunity of seeing not only the loyalty of the Canadians, but that they knew how to treat a conquered foe with consideration—that without crying it out they could grant every “protection” to their ancient foe, notwithstanding the cruel treatment they had sustained when made exiles.
On the 18th July, with the intrepidity characteristic of the British officer, Brock crossed the Detroit, advanced upon the town with his brave militia and handful of regular troops, and demanded of Gen. Hull the surrender of the place, following up the demand with preparations to assault; but soon the white flag appeared, and Gen. Hull, so brave in writing proclamations, with the whole American army, became prisoners of war. They were conveyed to Quebec in parties, some going by vessels of war from York to Kingston, some in small boats along the shore and across the Carrying Place, by the Bay of Quinté. Most of them were confined in hulks in the St. Lawrence, at Quebec, where they remained until exchanged. Gen. Brock after this brilliant conquest of Detroit, which included the whole of Michigan, lost no time in hastening to the Niagara frontier, where another army was threatening to invade.
Upon the 12th October the Americans were preparing to cross from Lewiston to Queenston. Gen. Brock was at Fort George, Niagara, and hearing the cannon’s sound, hurried to the field of battle. He placed himself at the head of the troops, and triumphantly led them up the heights of Queenston, against the enemy, who had obtained a footing there; but with the deep river between them and safety, the enemy rallied for a time in a struggle for life, and Brock’s men, inferior in number, retired, until his reinforcements had come, for which he would not previously wait. Then again he essayed to lead them on, but his hour had come, and while his cheering voice was ringing out “Push on York Volunteers,” a musket ball struck him down. But the spirit of the brave General was infused into every Canadian. As soon as Gen. Sheaffe had arrived they advanced to conquer the polluters of Canadian soil. Again the whole American army became prisoners of war, and had the privilege of marching the length of the Province to Quebec, and Gen. Scott among the rest, who was favored with a passage down the Bay of Quinté.
Gen. Brock’s Aide-de-Camp, McDonnell also fell, mortally wounded. Brock was buried in a bastion of Fort George, but subsequently his remains found a resting place upon the heights where he fell, and where now rises the monument to his memory. This illustrious Chief was much beloved by the Canadians, and he was held in great veneration. To him—to the energetic and heroic Brock is due to a great extent the subsequent success by which the enemy, ever boasting, was kept at bay, so that when peace was sought by the United States, after three years of war, because England, no longer at war at home, was about to deal heavy blows, there was not a foot of Canadian territory in the enemy’s possession.
Of Gen. Brock the Hon. William H. Merrit, in 1853, speaks as follows:
“It will be in the recollection of many now present, that in the commencement of the war of 1812, only one regiment of British troops, the 48th, was left to defend Upper Canada, from Kingston to Michilimackinac, a distance of one thousand miles, and during the whole campaign, only two companies of the 48th could be spared on this frontier. Although this fact is one of the most striking events connected with that war, it has never yet been brought prominently before the public; yet it clearly proves that the defence of Canada, then rested with its inhabitants. We find that though they consisted principally of the old U. E. Loyalists and their descendants, the native Indians who had been dispossessed of their possessions in the United States, and their descendants, together with residents from the United States—emigration from the Mother Country not having been commenced to any extent,—a population thus composed, not exceeding in Upper Canada, at most 90,000, without troops, without munitions of war, without resources, and without the least expectation of any timely aid from the mother country, with a few troops, unable to contend against a powerful nation, numbering about 8,000,000, with munitions of war, and resources without limit, within a comparative short distance from maritime cities, also numerous forces at command, of which they were not slow of apprising us, in the proclamations circulated from time to time,—it was under those circumstances that the character and ability of Sir Isaac Brock were brought to light. Well knowing on whom he had to depend for the defence of the country, he directed his personal attention to the clothing, arms, equipment, mess, and personal comfort of the militia, and took every opportunity of gaining the good will of the Indians.”
The estimation in which General Brock was held by the people of the Province, was duly evinced by Parliament in passing an act, 14th March, 1815, “to provide for the erection of a monument to the memory of the late president, Major General Sir Isaac Brock.” The value of his wisdom, his councils, his energy, his wise plans, as well as his bravery, and the effects thereof, are fully set forth in the preamble. It was resolved to grant £1,000 for the purpose referred to, and erect the monument at Queenston Heights. Thomas Dickson, Thomas Clark, and Robert Nichol, Esquires, were appointed commissioners to carry out the act. In January, 1826, an act was passed granting £600 more “to complete the monument on a scale which appears to the commissioners worthy of the object.”
Major General Sheaffe, became President, 20th October, 1812, and continued in office until January 19, 1813, when Major General de Rottenburgh assumed the office, and remained until December 12, of the same year. At this date
Lieutenant General Sir Gordon Drummond was inducted as President. It was immediately after this that the infamous American General McClure, set fire to Newark when unprotected, burning 150 houses, and leaving 400 women and children homeless in the middle of December. This act of villany was fully avenged by General Drummond. Having occupied Fort George, a night attack was made upon Fort Niagara, with brilliant success. Then, the burning of Newark was remembered, and from Lewiston to Buffalo the frontier was laid waste, including those two towns. In this connection, we would remark, that in the event of another war with the United States, it would be no doubt the policy of Canada to make frequent disastrous raids into the States, wherever the opportunity presented. The Americans may as well understand that destruction of property will not be all on one side.
These brief sketches of the first Lieutenant-Governors of Upper Canada, will be finished by alluding to one who devised the scheme of uniting the two Canadas, who successfully accomplished that noble design, and became the first Governor of United Canada. He fixed the capital at Kingston, as the most central place suitable for both Provinces, indeed, it is generally understood, that it was a part of the plan when the union was made, that Kingston should become the permanent seat of government. “It virtually formed part of the contract between the respective provinces.” But with the death of Lord Sydenham, also died the opportunity of Kingston remaining the capital of Canada.
Lord Sydenham died at Kingston, in September, 1841, and was buried beneath St. George’s Church. Says Dr. Ryerson, in an affecting letter communicated to the public at that time: “Unlike the close of the session of legislature, which was ever held in either Province of Canada, the termination of the late session will produce throughout Canada the opposite feelings of grateful joy, and melancholy grief. The same post which conveys to the people of Canada, the tidings of the harmonious and happy conclusion of a session unprecedented in the productiveness of comprehensive and valuable measures for the general improvement and social and intellectual elevation of the province, conveys to them the appalling announcement that death has terminated the earthly career of the noble mind which conceived those improvements and originated those institutions which will form a golden era in the annals of Canadian history, by laying the foundation of Canadian prosperity and greatness. While blessings are multiplied us, the agent of those blessings is removed from us, and our country is, at the same moment, thrilled with joy and consternation—and on the same day vocal with thanksgiving and clothed in sackcloth; luminous with hope and involved in mourning. Thus do the strokes of Providential chastisement accompany the out-beamings of Providential munificence; and the brightest picture of human life is shaded with disappointment, suffering, and bereavement. It is in heaven only that death is unknown, that pain is never felt, and tears are never shed.
“Lord Sydenham belongs essentially to Canada. His nobility was fairly earned in her service; the ripest fruits of his experience and acquirements are embodied in her institutions; his warmest and latest sympathies are blended with her interests; his mortal remains repose, by choice, among her dead; and his name is indelibly inscribed in the affectionate esteem and grateful recollections of her inhabitants.
“It is not easy to determine which is most worthy of admiration, the comprehensiveness and grandeur of Lord Sydenham’s plans, the skill with which he overcame the obstacles that opposed their accomplishment, or the quenchless ardor and ceaseless industry with which he pursued them. To lay the foundations of public liberty, and at the same time to strengthen the prerogative; to promote vast public improvements, and not increase the public burdens; to promote a comprehensive system of education upon Christian principles, without interfering with religious scruples; to promote the influence and security of the government by teaching the people to govern themselves; to destroy party faction by promoting the general good; to invest a bankrupt country with both credit and resources, are conceptions and achievements which render Lord Sydenham the first benefactor of Canada, and place him in the first rank of statesmen. His Lordship found a country divided, he left it united; he found it prostrate and paralytic, he left it erect and vigorous; he found it mantled with despair, he left it blooming with hope. Lord Sydenham has done more in two years to strengthen and consolidate British power in Canada by his matchless industry, and truly liberal conservative policy, than have been done during the ten previous years by the increase of a standing army, and the erection of military fortifications. His Lordship has solved the difficult problem, that a people may be colonists and yet be free; and, in the solution of that problem, he has gained a triumph less imposing, but not less sublime and scarcely less important, than the victory of Waterloo; he has saved millions to England, and secured the affections of Canada.
“In the way of accomplishing these splendid results, the most formidable obstacles oppose themselves. At the foundation of these lay the hitherto defective theory, and worse than defective system of Colonial Government; a system destitute of the safety-valve of responsibility, of the attributes of freedom, and of the essential materials of executive power; a system which was despotic from its weakness, and arbitrary from its pretences to representation; a system inefficient in the hands of good men, and withering in the hands of mistaken or bad men.”