CHAPTER XV.

CONTENTS—Major Gen. Holland—Surveying on Atlantic Coast—An adherent

of the Crown—Removal to Montreal—Death—Major Holland—Information

from “Maple Leaves”—Holland Farm—Taché—First Canadian Poem—Head

Quarters of Gen. Montgomery—Hospitality—Duke of Kent—Spencer

Grange—Holland Tree—Graves—Epitaphs—Surveyor Washington—County

Surveyor—Surveyors after the War—First Survey in Upper Canada—

Commenced in 1781—The Mode pursued—Information in Crown Lands

Department—The Nine Townships upon the St. Lawrence—At the close

of the War—Non-Professional Surveyors—Thomas Sherwood—Assisting to

Settle—Surveying around the Bay Quinté—Bongard—Deputy-Surveyor

Collins—First Survey at Frontenac—Town Reserve—Size of Township—

Mistakes—Kotte—Tuffy—Capt. Grass—Capt. Murney—Surveying in Winter—

Planting Posts—Result—Litigation—Losing Land—A Newspaper Letter—

Magistrates—Landholders—Their Sons’ Lawyers—Alleged Filching—

Speculators at Seat of Government—Grave Charges—Width of Lots—Mode

of Surveying—Number of Concessions—Cross Roads—Surveyors Orders—

Numbering the Lots—Surveying around the Bay—The ten Townships—

Their Lands—The Surveying Party—A Singer—Statement of Gourlay.

THE FIRST SURVEYS IN UPPER CANADA.

Among those who distinguished themselves at Louisburg and on the Plains

of Abraham under General Wolfe, was Major Samuel Holland. Sabine says,

he was “Surveyor-General of the Colonies north of Virginia.” In 1773 he

announced his intention to make Perth Amboy, near Jersey, his

head-quarters, and wrote to a gentleman there to inquire for houses to

accommodate himself and his assistants. He then completed the surveys as

far west as Boston. Proposed in 1774 to get round Cape Cod, and to New

London, and said it would be at best six years before he should be able

to finish his labors. In 1775, he wrote Lord Dartmouth that he was ready

to run the line between Massachusetts and New York. By a communication

laid before the Provincial Congress of Massachusetts in July, 1775, it

appears that he had loaned to Alex. Shepard, Jun., who was also a

surveyor, a plan or survey of Maine, which Shepard disliked to return,

fearing that it might be used in a manner prejudicial to the Whig cause,

as Holland was an adherent of the Crown, and then in New Jersey.

Congress recommended to Shepard to retain Holland’s plan. Major Holland

went to Lower Canada, where he resumed his duties of Surveyor-General,

in which capacity he served nearly fifty years. He died in 1801, and at

the time of his decease he was a member of the Executive and Legislative

Councils.

It was under Surveyor Holland that the first surveys were made upon the

banks of the St. Lawrence and the Bay of Quinté. Major Holland was a

gentleman of education, and known for his social and amiable qualities.

We are indebted to the author of “Maple Leaves,” J. M. LeMoine, Esq.,

for information respecting Surveyor Holland. Extending from the brow of

St. Foy heights along St. Louis Road at Quebec, was a piece of land of

200 acres which was known as the Holland Farm. This farm had belonged to

a rich merchant of Quebec, Mon. Jean Taché, who wrote the first Canadian

Poem, “Tableau de la Mer.” He was the ancestor of the late Sir E. Taché.

About the year 1740 he built upon an eminence a high peaked structure,

which, during the seige of Quebec, was the head quarters of Gen.

Montgomery. This place was bought by Gen. Holland in 1780, who lived

there in affluence for many years, subsequent to the close of the war,

1783. The _elite_ of Quebec were wont to resort here to enjoy his

hospitality, and in 1791, he entertained Edward, afterward Duke of Kent,

the father of our Queen. This place is now known as Spencer Grange; but

the old building has long since been removed to be replaced by the

present well-known mansion. From the St. Foy Road may be seen a fir tree

known as the Holland Tree. Under that tree are several graves, which

some years ago were inclosed with a substantial stone wall, with an iron

gate. But now only the foundation remains. Two of the graves had neat

marble slabs, with the names of Samuel Holland senior, and Samuel

Holland, junior. “Here rest Major Surveyor Holland, and his son, who was

killed in a duel at Montreal, by Major Ward of the 60th Regiment,” by a

shot from one of a brace of pistols presented to Major Holland by Gen.

Wolfe. This farm is now in possession of the military authorities.

At the time of the rebellion the land of the thirteen Colonies was, in

many cases, still unsurveyed, or so imperfectly laid out that frequent

demands were made for the professional surveyor. In the very nature of

things pertaining to the settlement of America, there was a general

demand for surveyors. The country was constantly being opened up. Some

of the most prominent men of the day had been surveyors. Gen. Washington

commenced life as a country surveyor. In the war, both on the rebel and

British sides, were to be found professional surveyors engaged in

fighting. Consequently when the war terminated, there was no lack of

surveyors to carry on the work of surveying the wilderness of Upper

Canada. We have seen that Major Holland held the position of

Surveyor-General, and there was duly appointed a certain number of

deputies and assistants.

Even while the war was in progress, steps seem to have been taken to

furnish the refugee Loyalists with new homes, upon the land still lying

in a state of nature. The land in Lower Canada being in the main held by

the French Canadians, it was deemed expedient to lay out along the

shores of the upper waters a range of lots for their use. In pursuance

of this, the first survey of land was made by order of Gen. Clarke,

Acting Governor, or Military Commander, in 1781. Naturally the survey

would commence at the extreme western point of French settlement. This

was on the north bank of Lake St. Francis, at the cove west of Pointe au

Bodet, in the limit between the Township of Lancaster, and the seigniory

of New Longueil.

We have reason to believe that the surveyor at first laid out only a

single range of lots fronting upon the river. In the first place a front

line was established. This seems to have been done along the breadth of

several proposed townships. In doing this it was desirable to have as

little broken front as possible, while at the same time the frontage of

each lot remained unbroken by coves of the river or bay. We are informed

by the Crown Land Department that in some townships there could, in

recent days, be found no posts to indicate the front line, while the

side lines in the second concession were sufficiently marked.

The original surveyor along the St. Lawrence evidently did not extend

his operations above Elizabethtown, which was called the ninth township,

being the ninth laid out from New Longueil. This is apparent from the

fact that while Elizabethtown was settled in 1781, the next township

above, that of Yonge, was not settled until two years later. The quality

of the land thence to Kingston was not such as would prove useful to the

poor settler, and therefore was allowed for a time to remain unsurveyed.

Hence it came that Cataraqui was the commencement of a second series of

townships distinguished by numbers only. These two distinct ranges of

townships, one upon the St. Lawrence numbering nine, and one upon the

Bay numbering ten, were, when necessary, distinguished apart by the

designation, the “first,” “second,” or “third” Township “upon the St.

Lawrence,” or “upon the Bay of Quinté,” as the case might be.

It is impossible to say how far the work of surveying had progressed

from Lake St. Francis westward, before the close of the war; it is very

probable, however, that only a base line had been run, and some

temporary mark placed to indicate the corners of each township. Such,

indeed, is shown to be the case by the statement of Sheriff Sherwood,

who says that his father Thomas Sherwood, who had been a subaltern in

the 84th Reg., and who actually located on the first lot in the first

concession of Elizabethtown, “was often called upon to run the side

lines of the lots” for the settlers as they came one after another, and

“to shew them their land.” Mr. Sherwood was not a professional surveyor,

but “he had the instruments and practically knew well how to use them,

and he was ever ready to give his assistance and instructions to the new

comers.”

SURVEYING AROUND BAY QUINTÉ.

In the year 1783, Major Holland, Surveyor-General of Canada, received

instructions from Sir Frederick Haldimand, Governor of the Province of

Quebec, to proceed on duty to Western Canada. Prior to this, we have

observed, there had been commenced a range of lots laid out at the

easternmost limits of what now forms Canada West, to the extent of nine

townships. Yet evidence is wanting that this range had been completed at

the period stated. Holland set out with a sufficient staff of assistants

and attachés, to simultaneously lay out several of the proposed

townships along the St. Lawrence, and the Bay of Quinté. The party

passed up the St. Lawrence, ascending the rapids in a brigade of

batteaux manned by French boatmen. Surveyor Holland had, as his personal

attendant, —— Bongard, who had been in the artillery under General

Reidezel, of the Foreign Legion. From the son of this person, now living

in Marysburgh, valuable information has been obtained, much of which has

been substantiated by legal documents, published in connection with the

law report of the trial respecting the Murney estate and the town of

Kingston. Mr. Bongard says that Holland, as he passed up, detailed a

deputy to each of the townships, stopping first at Oswegotchie, opposite

Prescott, and that he passed up as far as the fourth township upon Bay

Quinté, where he pitched his tent, and where he continued to hold his

head-quarters, receiving the reports of the various Deputy-Surveyors as

they were from time to time brought in. While it seems most probable

that Holland came to the Upper Province in 1783, it is possible that he

remained in Lower Canada until the spring of 1784, having deputed

Surveyor Collins to commence a survey westward from the fort at

Frontenac; or perhaps he visited that place with Collins whom he left to

carry on the work during this first year.

Whether Surveyor-General Holland visited Fort Frontenac in the year

1783, or not, it was Deputy-Surveyor John Collins who made the first

survey of the first township, and of the original town plot of Kingston.

According to the sworn testimony of Gilbert Orser, who assisted Collins,

in the year 1783, as well as others, the township was surveyed first,

and the town plot afterward; although it appears that Holland’s

instructions were, first “to lay out proper reservations for the town

and fort, and then to proceed and lay out the township, six miles

square.” The lots were to contain each 200 acres, to be 25 in number,

each range. Mr. Collins placed a monument, it is averred, “at the

south-east angle of lot 25, from which a line was run northerly the

whole depth of the Township, six miles, where another stone monument was

placed, making a line of blazed trees throughout.” From this, it would

seem, he continued to survey the township, leaving the land for the

town, which he, no doubt, thought extensive enough, to be laid out into

town lots, and leaving 40 feet of land, which was to form a road between

the town and township. Respecting this line and lot 25, there has been a

great deal of litigation. As nearly as the facts can be gathered, the

following statement may be regarded as correct:

After Collins had completed the survey of the township, and had even

made his returns, to the effect that it contained 25 lots, of 200 acres,

he was importuned, or ‘induced by the Commanding Officer at Fort

Frontenac,’ to make lot 25 contain only 100 acres, that more ground

might thereby be had for the proposed town. More than this, it seems

that there was some mistake in the said eastern side line, so as to

subsequently limit lot 25 to even less than 100 acres. And, Capt.

Michael Grass, when he took possession of this lot, in 1784, found that

this line was inaccurately run. Deputy-Surveyor Kotte was requested to

examine it; and finding there was an error, made representations to

Government, who sent persons to correct it. One Deputy-Surveyor Tuffy

was directed to re-survey the line, and he gave more land to lot 25.

However, there was yet some error, which was a source of great trouble.

Capt. Michael Grass sold this lot to Capt. Murney, who, subsequently

finding it did not contain the amount of land which the patent assumed,

applied legally for his rights.

The surveying party, among whom were some of those who subsequently

settled in the township, and who must have belonged to Capt. Grass’

company of refugees, returned to Sorel, where they spent the winter. At

least this is the testimony of one of the grand-children of Capt. Grass.

But if the surveying party did, this winter of 1783–4, retire from their

work to Lower Canada, it appears unlikely they did the following winter.

Indeed there are indications that surveying went on during the winter.

In laying out the Townships, special attention was given to make the

lots front squarely upon the Bay. In the winter the base line could be

more closely run by the water edge upon the ice, than in summer, through

the woods. We are informed, at the Crown Lands Department, that in some

townships no posts or other marks had at first been found in the

re-survey, although such were to be found in the 2nd concession. The

inference was, that the posts planted in winter by the water, had, in

the spring or summer been washed away, in the course of time. This, as

may be supposed, led in time to great confusion, and no little

litigation. For many years there was much trouble to establish the land

marks all along the front; and cases are not wanting where it has been

charged that fraudulent removals of posts were made. The straightforward

settler, while engaged in his daily and yearly round of toil, thought

not of the side lines of his farm, fully believing that a survey had

been definitely fixed by marks that could not be altered, and too often

when plenty and comfort had come, he was startled to find some one

claiming some of his cleared or uncleared land. Although conscious that

such and such were the boundaries of the land granted to him, it was not

so easy to prove that such was the case. The annoyances of these direct

and indirect attempts to disinherit, may easily be imagined. In this

connection, the following letter may be given as exemplifying the

feelings, if not the facts—perhaps both—which belonged to those days. It

appeared in the Kingston _Gazette_ in 1816, over the signature “A.”

“SIR,—The situation of the old settlers in the Province of Upper Canada,

is truly deplorable. These people settled in the wilds of Canada, then

the Province of Quebec, under the surveys made by the acting

Surveyor-General. Landmarks being established for the guidance of their

improvements: no deeds were given them until the Parliament of Great

Britain altered the Quebec bill, arranged a new constitution, similar to

that they had lost during the rebellion, in the Province of New York,

from whence they chiefly came to settle at Frontenac, now Kingston.

After cultivating the country agreeably to those surveys for twenty

years or more, deeds are issued to cover those lots, drawn and

cultivated as above mentioned. The Surveyor-General, David William

Smith, Speaker of the House of Assembly, knowing that these deeds were

filled up by guess, the survey never having been made complete, wisely

provided an Act of the Legislature to prevent the deeds from moving the

old land-marks. This Act provides that when thirty freeholders apply to

the Magistrates in session they shall make an assessment and collect the

money to enable the Surveyor-General to erect monuments, in order to

preserve their ancient land-marks and boundaries. What is the reason

that this Act has not been complied with? Are the Magistrates all

landholders and their sons Lawyers?

“An order from the Governor has lain in the Surveyor-General’s office

ever since the year 1801 for monuments to be erected in the Township of

Kingston, agreeable to the intention of that Act. Why will not the

Magistrates do their duty? The consequence is, that the licensed

Surveyor, John Ryder, is running new lines every day, and moving the

land-marks of the old settlers. People who have come into the country

from the States, marry into a family, and obtain a lot of wild land, get

John Ryder to move the land-marks, and instead of a wild lot, take by

force a fine house and barn and orchard, and a well cultured farm, and

turn the old Tory, (as he is called) out of his house, and all his labor

for thirty years.

“These old settlers have suffered all that men could suffer; first in a

seven years’ rebellion in the revolutionized colonies; then came to a

remote wilderness, some hundred miles from any inhabitant—not a road,

not a cow, or an ox, or a horse to assist them; no bread during the

winter, they wintered first at Cataraqui. A little pease and pork was

all they could get until the ice gave way in the spring of 1785.

“The King, as an acknowledgment and mark of his approbation for the

loyalty and sufferings of his faithful subjects, ordered lands to be

granted them free from expense, and marked each man’s name with the

letters U. E., with a grant annexed to each child as it became of age,

of two hundred acres of the waste lands of the crown.

“Now these children cannot get these lands agreeably to the intention of

Government. They must sell their right to a set of speculators that

hover round the seat of Government, or never get located. Or if they

should have the fortune to get a location ticket, it is situated on

rocks, and lakes, and barren lands, where they are worth nothing at all;

the good lots being marked by the Surveyors, and located by those U. E.

rights they have so purchased.

“Now, Sir, _was_ I a scholar, I might draw you a much better description

of this wickedness. But I have lived to see thirteen colonies, now

States of America, severed from the British empire by the

mal-administration of justice in the civil government of those colonies;

the people’s minds were soured to that degree that a few designing men

overthrew the Government.”

“After the conquest of Canada, the king ordered a thousand acres of land

to be granted to each man. The land was granted; but the people to whom

it was granted were deprived by a set of speculators, from ever getting

a foot, unless they became tenants to those who, in a manner, had robbed

them of their rights.”

While the lots were generally made twenty chains in width, a few of the

first townships were but nineteen, and consequently of greater depth to

make the 200 acres, and the concessions were proportionally wider.

The base line being established, a second one, parallel thereto, was

made at a distance generally of a mile and a quarter, allowance being

made in addition, for a road. It is more than likely that in many

townships the second line, or concession, was not immediately run out.

The settlers could not easily traverse even a mile of woods, and for a

time accommodation was made only at the front. But within a year, in

most townships, the second row of lots had been surveyed and partially

occupied. At the front line was always an allowance for a road of sixty

feet, as well as at the second line for one of forty feet. The range of

lots between the front and the second lines as well as between the

second and third, and so on, was called a Concession, a term derived

from the French, having reference to their mode of conferring land in

the Lower Province, and peculiar to this country. Each concession was

divided into lots of 200 acres each, the dividing lines being at right

angles with the concession lines, and a quarter of a mile distant from

each other. At intervals of two or three miles, a strip of forty feet

between two lots was left, for a cross road. In Ameliasburgh it seems

that this was neglected. The number of concessions depended on

circumstances. Along the St. Lawrence, they numbered to even fifteen or

sixteen. Along the bay they were seven and eight. Adolphustown has only

four. The irregular course of the Bay Quinté, and the fronting of the

townships upon its waters, gave rise to great irregularity in the

interior lots, and produced a large number of Gores. This may be noticed

more especially in Sophiasburgh, and indeed throughout all of Prince

Edward district.

Respecting the provision made for cross roads, Alex. Aitkins, who was

Deputy Surveyor of Midland district for many years, says under date,

1797, in respect to the township of Sophiasburgh, “Mr. Kotte’s orders

1785, were from Deputy Surveyor General, Mr. Collins, who was then at

Kingston, to lay off cross roads between every six lots as he had done

in the eastern part of the province, from township number one, now

Charlotteburgh, to township number eight Elizabethtown, and, of no

doubt, they would be found at the waters’ edge on the Bay Quinté.”

By looking at the township maps of the bay, it will be seen that the

lots of the first three townships, are numbered from west to east, while

as we have seen, the townships were numbered from east to west. It is

inferred from this fact that the surveyor conducted his survey along the

front, planting posts to mark the division of lots, and leaving

allowance for roads, but did not complete the concessions until the

breadth of the townships had been determined, when it was done from west

to east, the lots being numbered accordingly.

The surveyor continued to chain the front, upon the north shore of the

bay, until he reached the turn in the bay at the western point of

Adolphustown. This portion of territory was divided into four townships.

The surveyor then crossed the bay and proceeded from the Upper Gap, to

lay out lots in an irregular manner upon the water, along the bay and

the lake to, and around Smith’s Bay, and along Black Creek; also upon

the east shore of Picton Bay. This constituted the fifth township.

Following the bay shore of Prince Edward peninsula from Picton Bay,

along the High Shore and around Green Point, another, the sixth

township, was laid out; the lots always fronting on the bay. Still

following the bay, the seventh township was created, the western

boundary of which brought the surveyor to the head of the bay, or

Carrying Place.

Turning eastward along the north shore of the bay, the eighth township

was laid out. Likewise, the ninth township, which brought the surveyor

to a tract of land which had been reserved for, and given to the

faithful Mohawk Indians. Passing by the present township of Tyendinaga,

still another township was laid out fronting upon the Mohawk Bay, and

Napanee River. This constituted the tenth township, Richmond. Thus the

surveyors had made a complete circuit of the bay. These townships were,

for many a day, designated by the numeral prefix; even yet may be found

gray haired individuals who speak of them in no other way. Subsequently,

however, these townships had given to them respectively, the royal names

of Kingston, Ernest town, Fredericksburgh, Adolphustown, Marysburgh,

Ameliasburgh, Sophiasburgh; and the noble ones of Sidney, Thurlow, and

Richmond.

There would at the present time, be nothing so interesting to the

settlers of the bay, than to read a diary of the events connected with

the original survey. Surveying the wilderness is weary work at any time;

but when the persons who take part in striking the lines and fixing the

boundaries, have constantly in mind that when their survey is completed,

they cannot return to civilization and the comforts of a home, but that

they have to remain to become citizens of the forest, they must

experience many a heart pang. Yet there seems to have been a

lightheartedness with most of them. The camp fire at night witnessed

many pleasant hours of jovial pass-time. Singing, storytelling, wiled

away agreeably many an hour. Accompanying Collins’ surveying party, was

one Purdy, who gained no little renown as a capital singer.

We will close our remarks upon the original survey by giving the

statement of Gourlay. He says that “such was the haste to get land

surveyed and given away, that ignorant and careless men were employed to

measure it out, and such a mess did they make of their land measuring,

that one of the present surveyors informed me that in running new lines

over a great extent of the province, he found spare room for a whole

township in the midst of those laid out at an early period. It may

readily be conceived, upon consideration of this fact, what blundering

has been committed, and what mistakes stand for correction.”

History of the settlement of Upper Canada (Ontario,) with special reference to the Bay Quinté · 第 15 / 71 章