CONTENTS—Parliament—Simcoe’s Proclamation—Nineteen counties formed—
Names, and boundaries—First elections—Names of members—Officers of
the House—A Quaker member—Chaplain—Meeting of Parliament—The
Throne, a camp stool—Address—To both houses—Closing address—Acts
passed—Simcoe’s confidential letters—A contrast—A blending—2nd
Session The Acts—Quarter Sessions—3rd, 4th, 5th Sessions—New
division of Province—1798—Modes of punishment—Burning the hand—
Whipping—Salaries of officers—Revenue first year—The members of
Parliament—Education—Offering for Parliament—A “Junius”—Early
administration of justice—“Heaven-born lawyers”—First magistrates.
THE LEGISLATIVE ASSEMBLY.
Upon the 16th July, 1792, Lieutenant-Governor Simcoe issued a
proclamation in the name of the King, having for its object the
organization of a Legislative Assembly composed of persons, to be
elected by the people, of which there should be sixteen, and dividing
the province into counties. It was as follows:
“Know ye, that our trusty and well-beloved John Graves Simcoe, Esquire,
our Lieutenant-Governor of our Province of Upper Canada, hath, and by
this our proclamation doth, divide the said Province of Upper Canada
into counties, and hath and doth appoint and declare the number of
representatives of them, and each of them, to be as hereinafter limited,
named, declared, and appointed,” &c.
Nineteen counties were formed, namely: “Glengary, Stormont, Dundas,
Grenville, Leeds, Frontenac, Ontario, Addington, Lenox, Prince Edward,
Hastings, Northumberland, Durham, York, Lincoln, Norfolk, Suffolk,
Essex, Kent.”
For the purpose of representation in Parliament, the following
arrangements were made: Glengary was divided into two ridings, each
riding to send a representative to the Legislative Assembly; Stormont,
to send one member; likewise Dundas and Grenville each to have a
representative; Leeds and Frontenac together, to send one
representative; Ontario and Addington to send one representative; Prince
Edward, together with the late township of Adolphus, in the County of
Lenox, to send one member; Lenox (except Adolphustown) with the Counties
of Hastings and Northumberland, to elect one member; Durham and York,
and the first riding of Lincoln, to be represented by one member; the
second riding of Lincoln to have one member; the third riding of Lincoln
to have one member; the fourth riding of Lincoln, and the County of
Norfolk, to have one member; Suffolk and Essex to have one member; the
County of Kent, which included all the west not Indian territories, to
the Hudson’s Bay, to have two members. The proclamation was dated
Government House, Kingston, 16th July, 1792, William Jarvis, Secretary.
The elections must have followed hard after the issuing of the
proclamation, as Parliament met on the 17th of September following. They
probably took place in August. Simcoe writing in November, to the
Secretary of State for the Colonies, speaks of the elections in these
words:—“On my passage from Montreal to Kingston, I understood that the
general spirit of the country was against the election of half-pay
officers into the Assembly, and that the prejudice ran in favour of men
of a low order, who kept but one table, that is, who dined in common
with their servants.”
The names of those first elected to Parliament were John McDonnell, who
was elected Speaker; Joshua Booth; Mr. Baby; Alexander Campbell; Philip
Dorland, (but being a Quaker, he would not be sworn and did not take his
seat, and Peter VanAlstine was elected in his place); Jeremiah French;
Ephraim Jones; William Mocomb; Hugh McDonnell; Benjamin Pawling;
Nathaniel Pettit; David William Smith; Hazleton Spencer; Isaac Swazy; ——
Young; John White—16. Simcoe, in a despatch, spoke of the last
mentioned:—“It was by good fortune that the temporary residence I made
at Kingston created sufficient influence to enable us to bring the
Attorney General White, into the House.
The oaths to the members were administered by the Governor’s Civil
Secretary, William Jarvis, Esq., who was also the first registrar of the
Province. McDonnell, the member for Glengary, was unanimously elected to
the speakers chair. Angus McDonnell was clerk to the Assembly; George
Law, Sergeant-at-arms. In the matter of Philip Dorland, of Adolphustown,
a Quaker, who refused to take the oaths, a resolution was unanimously
passed by the House, that he was incompetent to sit and vote in
Parliament unless he took the necessary oath, and consequently a writ
was issued for a new election.
A chaplain, the Rev. Mr. Addison, was elected to the House of Assembly,
and he, on the day of prorogation, preached a sermon to them before they
were summoned to meet the Governor in the Legislative Council Chambers.
Mr. Addison continued a chaplain for thirty years, and was then granted
a yearly pension of £50.
This first Upper Canadian Parliament assembled at Newark, now Niagara,
on the 18th September, and was prorogued 15th October following. The
circumstances of this infant legislation were well fitting the new-born
colony. The Governor himself was a soldier by profession. Most of the
members elect had been inured to the life of the camp, though
subsequently to the settling of the wilderness, and they could, with no
ordinary interest, and with appropriate intelligence, direct themselves
to the work of legislation. The first Parliament of Upper Canada met in
no stately hall; the proceedings must have borne some resemblance to a
court-martial. The collective wisdom of Upper Canada assembled in a
camp-tent on the plains of Niagara. On the 18th September, the Governor,
with his Secretary, and probably adjutant, took his seat, not upon the
throne, but a campstool, and delivered the following address:
HONORABLE GENTLEMEN, &C.—I have summoned you together under the
authority of an Act of the Parliament of Great Britain, passed last
year, which has established the British constitution, and all the
forms which secure and maintain it in this distant country.
“The wisdom and beneficence of our most Gracious Sovereign and the
British Parliament, have been eminently proved, not only in
importing to us the same for government, but also in securing the
benefit, by the many provisions that guard this memorable act. So
that the blessing of your invaluable constitution, thus protected
and amplified, we may hope will be extended to the remotest
posterity. The great and momentous trusts and duties which have been
committed to the representatives of this Province, in a degree
infinitely beyond whatever, till this period, distinguished any
other colony, have originated from the British nation, upon a just
consideration of the energy and hazard with which its inhabitants
have so conspicuously supported and defended the British
constitution.
“It is from the same patriotism, now called upon to exercise with
due deliberation and foresight, the offices of civil administration
that your fellow-subjects, of the British Empire, expect the
foundation of that mien of industry, and wealth of commerce and
power, which may last through all succeeding ages.
“The natural advantages of the Province of Upper Canada are inferior
to none on this side of the Atlantic; there can be no separate
interest through its whole extent. The British form of government
has prepared the way for its speedy colonization; and, I trust, that
your fostering care will improve the favourable situation; and that
a numerous and agricultural people will speedily take possession of
the soil and climate, which, under the British laws, and the
munificence with which His Majesty has granted the lands of the
Crown, offer such manifest and peculiar encouragement.”
The session was closed the 15th October. The Governor delivered the
closing speech.
“HONORABLE GENTLEMAN, &C.—It is with very great satisfaction that I
have considered the acts which you have found it expedient to frame,
and to which, in consequence of the power delegated to me, I have
this day given my assent, that they shall become laws of the
Province of Upper Canada.
“As the division which His Majesty, in his wisdom, thought proper to
make of the late Province of Quebec, obviated all inconveniences,
and laid the foundation for an establishment of the English laws in
the Province, it is natural to presume, that you would seize the
first opportunity to impart that benefit to your fellow-subjects;
and by the act to establish trials by jury, and by that which makes
the English law the rule of decision, in all matters of controversy,
relative to property and civil rights, you have fully justified the
public expectation. Your other acts seem calculated to promote the
general welfare and commerce of the Province, &c.
“HONORABLE GENTLEMEN, AND GENTLEMEN.—I cannot dismiss you without
earnestly desiring you to promote, by precept and example, among
your respective counties, the regular habits of piety and morality,
the rarest foundations of all private and public felicity; and, at
this juncture, I particularly recommend to you to explain, that this
Province is singularly blest, not with a _mutilated constitution_,
but with a constitution which has stood the test of experience, and
is the very image and transcript of that of Great Britain, by which
she has long established and secured to her subjects, as much
freedom and happiness as is possible to be enjoyed, under the
subordination necessary to civilized society.”
The modest and matter-of-fact Parliament passed eight Acts at this the
first session. Chapter I., An Act to Repeal certain parts of an Act,
passed in the fourteenth year of His Majesty’s Reign, entitled, “An Act
for making more sufficient provisions for the Government for the
Province of Quebec, in North America, and to introduce the English Law
as the rule of decision in all matters of controversy relative to
Property and Civil Rights.” Chapter II., “An Act to establish Trials by
Jury.” Chapter III., “An Act to establish the Winchester Measure, and a
Standard for other Weights and Measures.” Chapter IV., “An Act to
Abolish the Summary Proceedings of the Court of Common Pleas in actions
under Ten Pounds Sterling.” Chapter V., “An Act to prevent Accidents by
Fire.” Chapter VI., “An Act for the more easy and speedy Recovery of
Small Debts.” Chapter VII., “An Act to Regulate the Toll to be taken in
Mills, not more than one-twelfth for Grinding and Bolting.” Chapter
VIII., “An Act for Building a Gaol and Court-house in every District
within the Province, and for altering the names of the said Districts.
The District of Lunenburgh to be henceforth called the Eastern District;
Mecklenburgh, the Midland District; Nassau, the Home District; Hesse,
the Western District.”
Thus was the new-born colony, whose germ had been planted in the
wilderness eight years previous, ushered into life, and thus the
functions thereof were commenced.
Simcoe, it would seem, wrote frequent despatches to the Colonial
Secretary; and in one he gives his opinion of this first meeting of the
representative body of Upper Canada: “At this first meeting they were
active and zealous for particular measures, according to the promises
they had made, or the instructions they had received. Many bills were
accordingly framed, which required only a little time to evince their
impropriety or futility. Having offices to create and salaries to
bestow, they were rather too liberal of their patronage, and pledged
their credit to £174 annually to different officers. The Legislative
Council made no engagements, but, of course, their expenses must be
equal. The sum of £348 was, therefore, the first item.” “Upon the whole,
I have no reason to be dissatisfied with the disposition and conduct of
the Assembly, considering that it is composed of persons of not any
restrictive method, and unacquainted with power. I hope that by treating
them with temper and moderation, they may become a beneficial
establishment to the Province.” McMullen says, by way of contrast, that
“the Upper Canadian Parliament, with its “home-spun” members, took five
weeks to do what had taken the Lower Canadian Seigniors seven months to
accomplish.”
How great the change wrought by seventy-five years! As the log hut in
the wilderness has been superseded by the elegant mansion, handsome
villa, with thriving towns and cities, so has the tented capital of
Newark been forgotten in surveying the magnificent proportions of the
buildings at Ottawa; and the camp stool, and nature’s carpet of green,
in the elegant halls. And as the Legislature, whose infant days were
passed within the sound of the majestic Niagara, where its waters are
precipitated over a stupendous fall, and sweep on to fill a mighty lake,
has, after numerous mutations, and many uncertainties, found a safe home
upon the rugged cliffs overlooking the Ottawa, where still may be heard
the swelling sound of falling waters, as they rush down the Chaudiere;
so may the confederated Provinces forming the New Dominion, after many
changes, and frequent political uncertainties—hope alternating with
fear, not alone meet in formal union,—not as incompatible elements of an
unwise and unequal connection, but as one people; even as the waters of
the great Ottawa, mighty in itself, meet and unite with the farther
coming St. Lawrence, and, commingling, form the grand stream of the
Lower Lawrence, upon whose bosom the proudest ships rest, and which is a
highway of trade, unsurpassed in the world.
The _second session_ of the parliament of Upper Canada, was opened at
Newark, 31st May, 1793; prorogued 9th July, following. At this sessions
were passed thirteen bills, most of which were important and useful
measures. The first was “for the better regulation of the Militia;” the
second, respecting the appointment of town officers; the third, having
respect to assessments and rates, and payment of assembly-men; the
fourth, about highways; the fifth, concerning marriage; sixth, of courts
of Quarter Sessions within the several districts; the seventh, a most
important one—an everlasting one of honor, “to prevent the further
introduction of slaves,” and to limit the time of servitude of those in
slavery; the eighth, respecting courts of Probate; ninth, to establish
regulations about duties between Upper and Lower Canada; tenth, for
paying salaries of officers of Legislative Council and Assembly;
eleventh, to encourage the destruction of wolves and bears; twelfth,
returning officers of the several counties; thirteenth, also about
officers, and taxing wine and spirituous liquors.
The places fixed for the holding of Quarter Sessions were Cornwall, New
Johnson, Kingston, Adolphustown, Newark, and Michilmacinac. For the
Midland District, it was enacted that they should “commence and be
holden in Adolphustown, on the second Tuesday in the month of July, and
on the second Tuesday in the month of January; and in Kingston on the
second Tuesday in the month of April, and on the second Tuesday in the
month of October.”
The _third session_ of the 1st parliament met at Newark, on the 2nd
June, 1794, and prorogued 9th July following. At this session there was
a continuation of that wholesome legislation which had characterized the
two previous sessions. Twelve acts were passed.
The _fourth session_ was at Newark, commencing 6th July, 1895, when four
acts were added. It was prorogued 10th August, following.
A _fifth session_ of first parliament met at Newark, 16th May, 1796, and
was prorogued 3rd June following. Seven acts were passed. This was the
last meeting of parliament under the governorship of Simcoe.
The second parliament opened at York, 16th May, 1797, under the
presidency of the Hon. Peter Russell. It was prorogued 3rd July,
following. Eighteen measures passed.
Second session under Hon. P. Russell, met at York, 5th June, 1798,
prorogued 5th July. Passed eight bills. Among these bills was one “to
ascertain and establish the boundary lines of the different townships of
the province.” Stone or other durable monuments to be set up, to mark
the corners of lots; and any person wilfully defacing or removing such,
to “be adjudged guilty of felony, and to suffer death without the
benefit of the clergy.” Another important act, which the growing
province demanded, was “for the better division of the province,” into
townships, counties and districts. According to this, there were formed
eight districts, with twenty-three counties, and one hundred and
fifty-eight townships. The districts were the Eastern, Johnson, Midland,
Newcastle, Home, Niagara, London, and Western. The Midland district,
with which we have more particularly to do, “was composed of four
counties, with land in their rear to the northern limits of the
province.” The first county was Frontenac. In this we have Kingston, as
well as the townships Pittsburgh, Loughborough, Portland, Hinchinbroke,
Bedford, and Wolfe Island. The second county, the incorporated counties
of Lenox and Addington; consisted of the townships of Ernesttown,
Fredericksburgh, Adolphustown, Richmond, Camden, Amherst Island,
Sheffield. The third county, Hastings; contained Sydney, Thurlow, Mohawk
land, Tyendinaga, Hungerford, Huntingdon, and Rawdon. The fourth, Prince
Edward, had Marysburgh, Hallowell, Sophiasburgh, and Ameliasburgh.
The third session met at Newark, 12th June, 1799, and was prorogued 29th
of the same month; five acts having been passed.
The fourth session met at York, 2nd June, 1800, prorogued 4th July,
under Lieutenant-General Hunter. Six acts were passed, the first of
which was “for the further introduction of the criminal law of England,
and for the more effectual punishment of certain offenders.” The third
clause is as follows: “That whereas the punishment of burning in the
hand, when any person is convicted of felony within the benefit of
clergy, is often disregarded and ineffectual, and sometimes may fix a
lasting mark of disgrace and infamy on offenders, who might otherwise
become good subjects and profitable members of the community; be it
therefore enacted by the authority aforesaid, that from, and after the
passing of this act, when any person shall be lawfully convicted of any
felony, within the benefit of clergy, for which he or she is liable by
law to be burned or marked in the hand, it shall, and may be lawful for
the court before which any person so convicted, or any court holden for
the same place with the like authority, if such court shall think fit,
instead of such burning or marking, to impose upon such offender such a
moderate pecuniary fine as to the court in its discretion shall seem
meet; or otherwise it shall be lawful, instead of such burning or
marking, in any of the cases aforesaid, except in the case of
manslaughter, to order and judge, that such offender shall be once or
oftener, but not more than three times, either publicly or privately
whipped; such private whipping to be inflicted in the presence of not
less than two persons, besides the offender and the officer who inflicts
the same, and in case of female offenders, in the presence of females
only; and such fine or whipping so imposed or inflicted, instead of such
burning or marking, shall have the like effects and consequences to the
party on whom the same, or either shall be imposed or inflicted, with
respect to the discharge from the same or other felonies, or any
restitution to his or her estates, capacities, and credits, as if he or
she had been burned or marked as aforesaid.”
In 1801 the salaries of the officers of the parliament stood thus; per
annum.
Clerk of Legislative Council, £145. Usher of the Black Rod, £50. Master
in Chancery, attending the Legislative Council, £50. Chaplain of the
Legislative Council, £50. Door-keeper of ditto £20. Speaker of the House
of Assembly, £200. Clerk of ditto, £125. Sergeant-at-Arms, £50. Chaplain
of the House of Assembly, £50. Door-keeper of ditto, £20. Copying
Clerks, £50. Total, £805.
The first tax raised by statute in the province, was to pay the members,
who received $2 per day.
The revenue of the whole province the first year was £900.
Elsewhere the fact has been stated that many of the settlers were devoid
of a liberal education; while the stern duties of pioneer life precluded
the possibility of any mental culture whatever. At the same time
competent school teachers for the young were not to be had. With a
population made up of such material, the question might be asked with
becoming seriousness, “Where are we to get our representative men to
carry out responsible government as accorded to the young province of
Upper Canada?” Many of the first Assembly men were not possessed of book
learning, and all along the list of those who have been M.P.P.’s, up to
the present, may be found very many who were limited in their education.
Yet, the first members convened in the tent, on the green slopes of
Niagara, discharged their duty with much decorum and despatch.
It would be an interesting chapter to introduce some account of the
first members of Parliament, and the political contests in the early
days of Upper Canada. In the absence of complete information, we give
such items relating thereto as have come under notice. We have already
given the names of those elected to the first Parliament.
Among the early members was James Wilson, of Prince Edward, he was first
elected in 1808, or 9, and remained a member for some twenty-four years.
Simeon Washburn, was also a member for a time. Allen McLean, in a notice
dated Kingston, 18th May, 1812, says “To the independent electors of the
County of Frontenac. Having had the honor of representing you at three
successive Parliaments, I again make you a tender of my services, and
beg leave to solicit your votes and interest at the ensuing election.”
Amos Ansley, Esq., says, in an address, dated at Kingston, May 20, 1812:
“To the Electors of the County of Frontenac. Having had the honor to
represent this County in the first foundation of its happy constitution,
I again make you a tender of my services, and beg leave to solicit your
votes and interest, &c.” James Cotter, of Sophiasburg, was elected to
Parliament in 1813, and served four years.
A man of sterling integrity, and good common sense may make a useful
Member, if he be not egotistical. In recording the early events of the
Bay, we must not hesitate to mention an incident which, at the time,
created no little comment with the public, but brought chagrin to an M.
P. P. A member, who shall be nameless, whose early advantages for
education had been extremely limited, but with any amount of
self-confidence, was, on one occasion, sarcastically, but humorously,
brought to task in the Kingston _Herald_, by an anonymous writer. The
member replied, and in so doing, “copied verbatim, nearly the whole of
the first part of Sir William Draper’s letter to Junius, dated Jan. 26,
1769, in defence of his friend Lord Granby, over his own signature.
Macaulay, a young lawyer of Bath, noticed the plagiarism, and exposed
the M. P. P.,” which we believe, resulted in the political demise of
that individual.
THE EARLY ADMINISTRATION OF JUSTICE.
For two years, Upper Canada, after becoming a distinct Province, was
without any lawyers. But, in 1794, such a number of Acts were found upon
the statute books, that it was necessary to create some to interpret,
not mystify the law. It was provided that his “Majesty should appoint
not more than sixteen, whom he should deem, from their probity,
education, and condition of life, best qualified to receive the license
to practice law.” This appointment of lawyers by the Executive, gave
rise to an expression of derision in after days, of “heaven-born
lawyers.”
The first lawyer appointed in Johnson District, was Samuel Sherwood, who
had studied law two or three years with lawyer Walker, of Montreal.
Jacob Farand, was the first lawyer in the Eastern District. Allen
McLean, the first lawyer for Kingston, and Mr. Hagerman, the first for
the Bay Quinté.—(See U. E. Loyalists). James Clarke was appointed for
Niagara District; also, William Dickson, of Niagara, and Angus McDonald
for Cornwall.
After the formation of Upper Canada into a Province, a number of
magistrates were appointed to each District, to form a Court of Quarter
Sessions. The four gentlemen who had been the judges of Lunenburgh,
Mecklenburgh, Nassau, and Hesse, respectively, no longer had so
extensive a jurisdiction. We have no further information of Robertson,
in this respect, and Duncan left the Province. But Cartwright and
Hamilton continued to fill the same positions, as chairmen of the
Quarter Sessions, in their respective Districts. After the death of
Cartwright, in the Midland District, Colonel Thompson was appointed to
the office, and his successor was Alex. Fisher, of Adolphustown. John
Ferguson was also Judge of the District Court.
Among the first appointments for magistrates, was Thomas Sherwood, of
Leeds. Also, Dr. Solomon Jones, who was afterward Judge of the District
Court.
Charles Stuart, Esq., was, for many years, Sheriff of the Midland
District; he died while yet young, in 1816. The first Sheriff of Niagara
District, was Alex. McDonnell; the next was Barrack-master Clark, and
afterwards Thomas Merritt was appointed.
Among the first, probably the first, magistrates appointed in Thurlow,
were Col. Wm. Bell, Col. Hazelton, and James McNabb. Most likely Bell
had the commission before the others. Bell generally held his Court of
Requests at Mrs. Simpson’s Inn. On 19th April, 1822, it was held at the
house of John Taylor.
DIVISION X.
THE EARLY MILITIA OF UPPER CANADA.