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OLD PROVINCE TALES
UPPER CANADA
BY WILLIAM RENWICK RIDDELL

OLD PROVINCE
TALES
UPPER CANADA

BY

WILLIAM RENWICK RIDDELL

TORONTO
GLASGOW, BROOK & COMPANY
1920

Copyright in ail Countries subscribing to
the Berne Convention

. 14 ¦ F<

CONTENTS Page
I. THE CAPTIVE LOYALISTS . i
II. THE FIRST ATTORNEY-GENERAL 14
III. THE CANADIAN 'PIRATE' 28
IV. A JOURNEY TO SPAIN 47
V. A JOURNEY FROM MONTREAL TO DETROIT 64
VI. DUELLING 96
VII. THE TRAGEDY OF THE 'SPEEDY* 117
VIII. BROCK'S AIDE-DE-CAMP 131
IX. THE TRAGEDY OF ANNE POWELL 149
X. THE EARL OF SELKIRK 159
XI. SOME NON-BRITISH IMMIGRANTS 1S0
XII. THE 'PATRIOT' GENERALS . 192
XIII. THE BAD LUCK OF ESTHER PHELPS 217
XIV. THE BANISHED BRITON . 229
XV. THE EARLY LIFE OF ONE CANADIAN
PIONEER 244
XVI. THE BALDOON MYSTERY 259
INDEX ... 272

CHAPTER I
THE CAPTIVE LOYALISTS1
In the Old Dominion, the Province of Virginia,2
in the latter part of the eighteenth century,
lived Rene La Force with his wife and family.
He was happy in his family ; his wife Agnes was
a true helpmeet, and his children were obedient
and helpful. While many of his neighbours
were strong Continentalists and ardently de
sired full Home Rule for the Colonies, La
Force was loyal to his king and his flag. Never
hesitating to express his views, he became
most unpopular in the community ; he, was
unjustly treated ; heavy fines were laid upon
him, and he was subjected to many and in
creasing annoyances.
At length in 1776, when the Colonies
declared their independence, he made up his
mind to withdraw from a society which was
uncongenial — a society composed of those
whom he considered traitors and rebels, and
who certainly were Republicans who had
O.P.T.IU.C A

2 OLD PROVINCE TALES
forsworn the allegiance into which they had
been born, to establish a new nation and live
under a new flag.
La Force was a man of considerable pro
perty, owning many slaves, male and female,
and a large herd of cattle, with other pro
perty. He gathered his family around him,
and in true patriarchal fashion journeyed
with wife and children, slaves and herds
towards the West, where the wilderness of
Kentucky offered him an asylum from the
persecution of his former friends. When they
had arrived at the end of civilization and
settlement, they stayed their march for a rest,
intending to renew it on the morrow. In the
evening two of the sons went to kill a fat ox
for food, taking with them their rifles. A shot
from one rifle sufficed to kill the beast; the
other rifle was laid down carelessly by the main
tent while its owner helped to skin and pre
pare the ox. After nightfall, when the young
man had retired to rest in his tent, he remem
bered that he had left his rifle lying on the
ground. He went out and picked it up : in
groping around in the dark among the tent
cords, he accidentally discharged his weapon.
His father had retired ; and unfortunately the
bullet found its billet in his body, mortally

THE CAPTIVE LOYALISTS 3
wounding him. This unhappy accident de
layed their progress ; but after a short time,
staying but to bury the unhappy father, the
survivors took their way westward into the
wilderness, and came to a halt at a place
estimated by them to be about two hundred
miles from any settlement of the recreant
Colonists. Here they picked out a piece of ground for
a small fortress, surrounded it with palisades
as a defence against the Indians, and built
within the stockade huts for themselves and
the slaves. They thought themselves safe
from molestation from any but Indians, and
had little fear of them, for there seemed enough
room for all. They cleared land, cultivated
it, and were making the wilderness bloom as
the rose, living entirely within themselves
without neighbours and without communica
tion with the rest of the world. But their
settlement was in the favourite hunting-
ground of the Indians; and the Red Men com
plained of them and others to the represen
tative of the Great Father, King George, at
Detroit. Many excursions were being made at this
time from Detroit by small detachments of
British troops, each of them accompanied by

4 OLD PROVINCE TALES
a more or less numerous band of Indian allies ;
the Revolutionary War was raging in all its
virulence, and American settlers were every
where harried by the royal troops and their
allies, just as the Loyalists were harried by
the Continentalists. As far west as the
Mississippi, through all the Ohio district, the
hinterland of the Atlantic Colonies, the
Republicans had here and there blockhouses,
fortifications of more or less size and strength :
they had also some regular and many irregular
troops in this wild region. A raid from
Detroit, besides threatening these scattered
posts, afforded a convenient opportunity of
striking at the rear of the larger and more
formidable armies to the east.
One of the most active and efficient officers
in the British service was Henry Bird,3 a
captain in the 8th Foot, an engineer of great
skill, and no mean tactician, who had come
from Niagara in 1778 with a detachment of
fifty men. In the spring of 1779 he was so
anxious to proceed against the enemy that
he kept urging Henry Hamilton,4 the com
mandant and lieutenant-governor of Detroit, to
allow him to go with a few volunteers against
the revolted Virginians — both those in what
|s now Virginia and also and primarily those

THE CAPTIVE LOYALISTS $
in its western hinterland. Just at that time,
too, a large body of American troops was
threatening the loyal Indians ; and they were
complaining of the neglect of the lieutenant-
governor to protect them. Both Bird and
the Indians were pressing and insistent, and
at length Hamilton yielded to their impor
tunity ; notwithstanding the weakness of his
garrison, he allowed Bird to go in command
of a small detachment of troops with a number
of volunteers. He also sent considerable
ammunition with him for the Indian allies.
Many Ottawas and Chippewas joined the
expedition, and it set off for the south.
Although by no means so large or so important
a force as that commanded by Bird in 1780,
this was no contemptible little army either
in numbers or in personnel.
In 1778 there arrived at Detroit from Fort
Pitt (Pittsburgh) Simon Girty, Alexander
M'Kee and Matthew Elliott, who had escaped
from the rebels and made their way to loyal
British territory to offer themselves to the
service of the crown.
Simon Girty,5 born in Pennsylvania in 1741
of an Irish father and an English mother,
was at the age of fifteen taken prisoner by
the Indians with his mother and brothers.

6 OLD PROVINCE TALES
He lived with the Senecas for three years,
when he was set free. For a time he seemed
to favour the Revolutionary party, but finally
made up his mind to join the other. He was
a hardy, brave, and indefatigable border
warrior, whose name has suffered from his
taking the losing side. Like some others he
has been blackened by partisan writers :
' renegade,' ' fiend,' ' worse than Indian
cruelty,' etc. etc., are freely used in connec
tion with his name, but he seems to have been
no worse and no better than the other Indian
fighters, many of whom have received fulsome
eulogies. Later on he is said to have been
the last man to leave Detroit when it was
given up to the Americans in 1796. There
after he lived near Amherstburg, where he
died in 18 18.
Alexander M'Kee was a native of eastern
Pennsylvania. He became a justice of the
peace and deputy Indian agent at Fort Pitt, and
was carrying on a large and lucrative business
there when the Revolutionary troubles began.
He took the Loyalist side and was imprisoned
in 1777 by General Hand of the American
forces at Pittsburg. Released on parole, he
was threatened with imprisonment again, and
he made his escape with Girty and Elliott.

THE CAPTIVE LOYALISTS 7
Arrived at Detroit, he offered his services to
the commandant, and was appointed inter
preter and captain in the Indian service. He
took part in almost every operation of the
loyal forces till the end of the war. In 1788
he was made a judge of the Court of Common
Pleas for the District of Hesse, but declined
to act. He died in 1799. His descendants
are still prominent and respected members of
society in and near Windsor.
Matthew Elliott was an Irishman who
emigrated to America. He took up his resi
dence in Pennsylvania and early engaged in
the Indian trade with headquarters at Fort
Pitt. He was a Loyalist, but in trading with
the Indians he was overtaken in 1776 near
the present Dresden, Ohio, by a party of
Wyandots, and his goods were confiscated by
them. He made his way to Detroit with his
servant, and was there arrested in March
1777 as a spy by Hamilton and sent to Quebec
as a prisoner ; but next year he was released
on parole and went back to Fort Pitt by way
of New York. He left for Detroit with Girty
and M'Kee in March 1778. Arrived at Detroit,
he took an active part on the Loyalist side
during the whole course of the war. He was
made superintendent of Indian Affairs and

8 OLD PROVINCE TALES
received full recognition for his very valu
able services. He lived to fight in the War
of 1 8 12, commanding a body of Indians at
Miami Rapids, October-November 1812, and
taking part in other battles. He seems to
have died in 18 14.
These three joined Bird's expedition, as
did Captain Graham, a captain in the Indian
Department, whose influence over the Indians
was very great. There was also in Detroit
at the time a French Canadian who had
become a loyal British subject — Duperon
Baby. Baby was born in 1738 and became
a merchant in Detroit of great enterprise and
considerable success. At the time of the
conquest in 1759-60 he was at Fort Pitt : he
refused at first to change his allegiance, but
after assisting Major Gladwin in the defence
of Detroit against Pontiac, and after the final
cession of Canada in 1763, he took the oath
of allegiance to King George, and thereafter
was most active in his new allegiance. He
became an interpreter and captain in the
Indian Department, and was a prominent
and trusted official as well as a successful fur
trader. He also after the war was made a
judge of the Court of Common Pleas ; but
he declined to act, on the ground of ignorance

THE CAPTIVE LOYALISTS 9
of law and his large business connection. He
died at Sandwich in 1789.
Baby joined Bird's expedition, together
with a M. Le Due. (Contemporary writers
sometimes call him Le Deuke, but French
orthography puzzles illiterate — and some
literate — Englishmen even to this day.)
Frederick Fisher, an interpreter of the
Indian Department, could not resist the temp
tation to take part in the adventure — he
survived till 18 10 — and it is probable that
there were many other volunteers, whose
names have not been handed down.
On June 25, 1779, after the little La Force
colony had enjoyed three years of Arcadian
simplicity, there appeared before the stockade
a body of British soldiers and Indians, a
detachment of Bird's force, and demanded
surrender. We are not told whether Mrs
La Force asserted her loyalty at that time ;
if so, it was in vain ; the small garrison sur
rendered on the promise of being taken in
safety to Detroit.6
The Indians were apt to get out of hand,
and the prisoners with many others were
hurried to Detroit, some hundreds of miles
away. At Detroit the slaves were divided
among their captors : Simon Girty took

16 OLD PROVINCE TALES
Scipio ; M. Le Due, Tim and Ishener ; Captain
Graham, Stephen ; Captain Elliott, Joseph
and Keggy ; M. Baby, Job ; Mr Fisher,
Hannah ; Captain M'Kee, Candis ; while the
Indians took Bess, Grace, Rachel, and Patrick.
The other — the white — captives were sent to
Montreal by boat and land ; and there they
were driyen into the Provost Prison like
cattle into a pound.
Fortunately, on their way to the prison,
marching along the open street under charge
of an armed party, they were met by William
Dummer Powell, then a practising barrister
and attorney in the city. On his making
inquiry from the non-commissioned officer
commanding the escort, he was informed
that they were prisoners of war taken in the
Kentucky country and brought into Detroit
by a detachment of the garrison there.
Powell at once brought the matter to the
attention of Sir Frederick Haldimand, at
that time governor, and had Mrs La Force
sign a petition (still extant). Haldimand
issued peremptory orders to the commandant 7
at Detroit to search for the slaves of Mrs La
Force and send them to Montreal to their
mistress. Detroit, however, was too far
distant from headquarters, communication

THE CAPTIVE LOYALISTS u
was too difficult, interests prompting to dis
obedience of Haldimand's order too strong
for the order to be effective. The Detroit
commandant temporized, and after repeti
tion of the order he stated that the slaves
could not be produced. Poor Agnes La
Force never saw any of them again.8

NOTES TO CHAPTER I
1 Many of the facts of this paper are taken from a manuscript
of Chief Justice William Dummer Powell. He has fallen into error
in a few particulars. I have found not only in this but in other
matters that his memory is not wholly to be relied upon. Where
his statements are not contradicted by (substantially) contem
porary documents, I have adopted them ; where I have departed
from them, I have given the reason for such departure. For
particulars as to Powell, see note i, chap, iii, p. 41 post.
2 Powell makes La Force a resident of North Carolina ; but
the petition of Mrs La Force, still extant, states that she is the
'widow of Rene La Force, late of Virginia.' This petition
is reprinted from the Haldimand Papers (in the Canadian
Archives) and in the Michigan Pioneer and Historical Collec
tions, vol, six, p. 494; it purports to have been delivered
January 6, 1780.
3 For Captain Henry Bird, see Michigan Pioneer and His
torical Collections ; references will be found in the Index
volumes. He afterwards was made chief engineer at Detroit
and planned Fort Amherstburg. After most strenuous and
successful public service on this continent he joined the 54th
Regiment in Ireland and assisted in quelling the rebellion
there. After the suppression of this rebellion he immediately
embarked for foreign service and joined the expedition to Egypt

12 OLD PROVINCE TALES
under Sir Ralph Abercromby. He died on that expedition in
l8oi, after a service of thirty-seven years.
For his active and zealous services with the Indians
through the whole of the Revolutionary War from 1775 to
1783, he was highly esteemed by his superiors ; but, as in the
case of too many others, his merits were forgotten and he was
not treated with generosity or even plain justice in his dealings
with the authorities.
* Hamilton first appears in the history of this continent in
1777 as governor of Detroit. The following year he captured
Vincennes, whose commander Helm was taken prisoner with a
small force of defenders. The well-known American com
mander, George Rogers Clark, shortly afterwards besieged the
fort ; and Hamilton was in his turn forced to surrender. He
was treated by Clark with much barbarity, and on Jefferson's
order was sent handcuffed to Williamsburg, where his treatment
was still worse. Probably as an effect of a letter from Governor
Haldimand to Washington, Hamilton was paroled ; and he
got to England in 1781. He was made lieutenant-governor
of Quebec in 1784, filling that position a little less than a year.
He was a man of no great capacity and but little judgment,
although perfectly honest and sincerely desirous of doing his
duty. 5 A full and accurate account of the Girtys, including Simon
'the Renegade,' is given in a work which is very scarce (a copy
is in ' The Riddell Canadian Library ' at Osgoode Hall, Toronto),
History of the Girtys, by Consul Willshire Butterfield (Cin
cinnati, Robert Clarke and Co., 1890). Mr Butterfield, while by
no means eulogistic of Simon Girty, is scrupulously fair to him,
and thus is an almost unique exception to the most of American
writers who mention him.
6 Powell, who makes La Force take with him his sons-in-law
and sons' wives, says that ' they had no sooner surrendered . . .
than her sons and sons-in-law had to resort to arms to resist the
insults of the Indians to their wives and slaves. Several lives
were lost. . . -' This is, I think, quite incredible. Mrs La
Force does not mention anything of the kind, though she speaks

THE CAPTIVE LOYALISTS 13
of her five children. From the fact that Powell seems to con
nect this incident with the document mentioned in note 8 post,
and other suggestions, I think his memory plays him false here
and that he has confused this incident with the capture of several
forts in 1780 (one of them called Martin's), when the Indians did
act in the shameful manner described by Powell. See, for
example, Michigan Pioneer and Historical Collections, vol. xix,
PP- 538, 539-
' This was Major Arent De Peyster, who after the capture
of Henry Hamilton took over the command of ' Detroit and its
dependencies' from the temporary control of Captain Lernoult
—the Moravians describe De Peyster as ' of generally happy
memory. '
8 To show how captured slaves were disposed of, Powell
gives us the copy of a document which came before him in his
court. It reads thus : ' Detroit, May 14, 1784.
' I Henry Bird do declare that the wench Esther became my
property in consequence of an article of Capitulation of Martin's
Fort, whereby the Inhabitants and Defenders agreed to deliver
up their Blacks, moveables and Arms to the Indians as their pro
perty on Condition that their Persons should be safely conducted
to Detroit : which article was punctuly complied with and fulfilled
by the Captors. The said Esther became my property by Con
sent and permission of the Indian Chiefs.
(Signed) H. Bird, Captain.
Present and Witness to the
Capitulation. (Signed) A. M'Kee, D.A.
Indian Affairs.'
' I do hereby make over and give my Right and Property in
the said Wench and her male Child to William Lee in considera
tion of having cleared for me sixteen acres of land.
(Signed) H. Bird, Captain,'

CHAPTER II
THE FIRST ATTORNEY-GENERAL
The beautiful town on the left bank of the
embouchure of the Niagara into Lake Ontario
which is now called Niagara-on-the-Lake was
the first capital of the province of Upper
Canada. The hamlet had been called West
Niagara, Butlersburg (some manuscripts read
Butlersbury), Loyal Village, Nassau, Niagara ;
but Simcoe, the first lieutenant-governor of
the new province, upon his arrival there in
1792 gave it the name of Newark, from
Newark, New Jersey, which he had known
well when in command of the Queen's Rangers
during the Revolutionary War.
Thither in November 1792 came a traveller,
versed in English law if not a barrister. One
day he found himself in the primitive but
ceremonious Trial Court at the capital ; and
we have his contemporary account.1 He tells
us that, presuming on the ignorance of court
and jury, ' an advocate from England of
14

THE FIRST ATTORNEY-GENERAL 15
some authority ' insinuated to the jury whom
he was addressing that if they found against
his client ' he would bring a writ of attaint
against them ' — the writ of attaint being
effete and dead as Julius Caesar. This advo
cate was John White, the first attorney-
general of the province.
John White was the eldest son of Thomas
White of Cork : he received the ordinary
education of a gentleman and was able to
write with elegance and precision. The well-
known lawyer Samuel Shepherd (afterwards
Sir Samuel), who refused the chief -justice
ship of two courts, married White's sister
(whom Scott pronounced ' fine and fidgety ') ;
and that seems to have determined White's
choice of a profession.
He was entered of Gray's Inn in 1780 and
was called to the Bar about 1785, apparently
by the Inner Temple.2 He then went to
Jamaica and practised law for a time with
no great success ; returning to England, he
went to live in Wales with his wife and family,
intending to take holy orders. But Shepherd
knew Osgoode, the English barrister who in
1791 was appointed the first chief justice of
Upper Canada ; and he made earnest applica
tion to him for a position in the new province

16 OLD PROVINCE TALES
for his brother-in-law. Osgoode had no power
himself to appoint, but on the strength of
Shepherd's recommendation he wrote to Evan
Nepean 3 to ask the secretary of state to
appoint White as attorney-general of Upper
Canada. This was done, and White received
the appointment asked for, at a salary of
' £3°o Per annum with a possibility of some
small addition from other tenable appoint
ments.' Setting sail from England with the chief
justice and Peter Russell 4 in the spring, he
arrived at the Banks early in May 1792 ; at
Quebec June 2 ; and at Montreal some time
later in June. Thence, on foot and by boat,
he journeyed to Kingston, where the governor
was temporarily resident. The chief justice
arrived at Kingston at the same time, the
last day of June 1792.
William Dummer Powell, the ' first judge '
at Detroit, was at that time holding the Court
of Oyer and Terminer or Criminal Assizes at
Kingston. With him as marshal of assize or
clerk of the court was Walter Roe,5 the only
duly admitted lawyer in Upper Canada till
that time. Then and for many years there
after the judge who presided at the Criminal
Assizes had the ' patronage ' of his court.

THE FIRST ATTORNEY-GENERAL 17
Roe was a friend of Powell's and had a very
active practice in his court at L'Assomption,
now Sandwich ; Powell accordingly appointed
him to the office of marshal of assize, petty
but rather lucrative.
White adopted the system already in vogue
in Canada, and took upon himself the prose
cution of all crown cases. When a solicitor-
general was appointed in 1797, the two divided
the cases and the fees between them, the
office of Crown Counsel at the assizes being
one of those ' tenable appointments ' for which
White had stipulated. Nor was there any
objection on any score to this course : till the
other day, the attorney-general of England
increased his official income by fees for legal
business conducted for the crown.
White procured from Roe the coroner's in
quisitions (one concerning an Indian) and con
ducted the prosecutions ; he notes with
dismay that all were acquitted.6 He com
plained to La Rochefoucault 7 three years
after that there was not a district in Upper
Canada in which one or more persons had
not been tried for murder and all acquitted,
though the evidence was strong against
them. Upper Canada was, for a decade or
so, more free than law-abiding, and drunken-
O-P.T. :U.C. B

18 OLD PROVINCE TALES
ness was ' a very common vice in this
country.' At the instance, or at least with the approval
of the governor, White was nominated for
the House of Assembly as the member for
Leeds and Frontenac. For a time he feared
that the ' Town of Elizabeth in the County
of Leeds,' being very populous, might defeat
him by putting up a local candidate, but that
fear proved groundless, and, although one
Grogan was said to have secured forty-five
votes and to be determined to stand, White
was elected by acclamation. ' After which,'
he says, ' they dragged me about in a chair
to the diversion of the mobile 8 and my in
convenience.' However, he gave them ' two
barrels of porter and bread and cheese.'
During his stay in Kingston there arrived
at that town Prince Edward Augustus, the
fourth son of King George III, afterwards
Duke of Kent and Strathearn, whose only
title to fame is the fact that he was the father
of Queen Victoria. He will not be wholly
forgotten in this province so long as the rich
and beautiful county of Prince Edward,
Ontario, called after him by Simcoe, con
tinues to bear its time-honoured name.
The governor left Kingston and went to

THE FIRST ATTORNEY-GENERAL 19
Niagara toward the end of July, and White
followed him early in September in the
Onondaga,9 an armed government vessel of
twelve guns and eighty tons burden — a square-
rigged, two-masted schooner, as well known
in Upper Canada at that time as the Great
Eastern was later in England. Simcoe re
ceived him most hospitably and gave him the
use of his marquee for a dwelling. White at
once got into active private practice and
frequently appeared in the courts.
At that time there was no Court of King's
Bench, but each of the four Districts (Lune-
burg, Mecklenburg, Nassau, and Hesse) of
which the province consisted had its own
Court of Common Pleas, three of them pre
sided over by lay judges, the fourth by only
one judge. Powell was the only lawyer of the
ten, and he sat at L'Assomption (now Sand
wich) in and for the District of Hesse. White
had the contempt for the judges which a
barrister and an Englishman might be ex
pected at that day to have for a layman sit
ting on a judge's bench, and a colonial at
that. He does not seem to have been very
successful ; his health was precarious and his
temper not always under control — a failing
pardonable in a martyr to the gout and what

20 OLD PROVINCE TALES
we now call neuritis.6 He took his full share
of legislative labour — the statutes of the first
parliament of Upper Canada are a model of
clearness and conciseness : but he had the
same contempt for his fellow-members of the
Assembly as for the lay judges.
Newark was a gay little provincial capital,
and White was not the least active member
of society. Nor was this society one to be
despised — the governor, stately but kindly ;
Mrs Simcoe, ' femme de trente-six ans . . .
timide . . . obligeante et bonne,' as La Roche-
f oucault tells us ; 7 the aides-de-camp and
army officers both of Newark and of Fort
Niagara across the river, still held by Britain ;
the civil officers of the administration with
their wives and families, some of the best
blood of England ; as well as a very superior
group of United Empire Loyalists, many of
whom had risked their lives, and all of whom
had left home, friends, and property, that
they might keep their faith and live under
the old flag. Amongst the civil officers was
Major John Small, who came from England
as clerk of the Executive Council and was
later (in 1806) appointed clerk of the Crown
and Pleas. Small came from Cirencester,
England, and belonged to a good county

THE FIRST ATTORNEY-GENERAL 21
family with high connections : he was tall
and finely built, with a pleasant but some
what reserved manner. Any reserve in his
manner was more than made up for by the
vivacity of his wife. Fair, rather petite, she
had a charming presence and somewhat less
than the demureness then the mark of the
well-bred woman.
Within a few months White became very
intimate with the Smalls. They dine together
at his house or theirs, play whist together,
they stay a week at a time with him, he
escorts the lady to dinner and home from
dinner when the husband is sick, notwith
standing the procellaedomesticae which threaten
now and then. He notes in his diary ' a little
coquetry ' on the part of the lady, but there is
nothing to indicate anything but a Platonic
friendship. Faithfully performing the duties of his
office and supplementing his salary by the
practice of his profession, White continued to
live in Newark till the capital was changed
(1797) to York (originally and now Toronto)
— Simcoe gave the name York to the nascent
settlement in 1793, in honour of the Duke of
York, son of George III, then lately making
his mark as general in the Low Countries.

22 OLD PROVINCE TALES
During his residence in Newark, White took
part with nine other lawyers in a meeting at
Wilson's Hotel, Newark, July 17, 1797, when
the Law Society of Upper Canada was formed,
membership in which has ever since been
required of every practitioner in the courts
of the province. Floreat aeterna.
He also saw to it that he did not miss his
share in the ' grab ' for public lands in which
every one of official standing, cleric or lay,
military or civil, participated at the time. He
got 1200 acres in Scarboro' township in 1796,
in 1797 he added to this, 100 acres in the town
ship of York, and the following year, 200
acres more in the same township ; his wife,
Marianne, got altogether 1000 acres, a daughter
100 acres, and two sons 300 acres each (and
also each a lot in the town of York) — 3200
acres for one family.10 But there was abund
ance of land for all comers. On the lot he
acquired in 1797, i.e. Park Lot No. 4, town
ship of York, which was just outside the
town, and is the land east of Sherbourne
Street, running from King Street to Bloor
Street, White built a residence and set out
a garden, and there he lived for the remainder
of his life. In York he continued the course
of life begun at Newark : but something

THE FIRST ATTORNEY-GENERAL 23
occurred to mar his friendship for the Smalls.
The gossip of the provincial capital then and
for long after blamed the woman, but the
precise reason has not been recorded in any
existing document.
Whatever the cause — and probably White's
wretched health had as much to do with it
as anything else — he ventured, early in the
year 1800, to speak lightly of Mrs Small.
When this came to the ears of Major Small,
there was but one course for him to pursue —
according to the code of honour of the times,
any other course would brand him as a
coward and unfit to associate with gentlemen.
He acted as a man of honour needs must: he
called upon White for a retraction and an
apology. White refused, and Small chal
lenged him. Not six months before White
had had a controversy with Captain Fitz
gerald of the Queen's Rangers. He had
Captain Fitzgerald bound over in the King's
Bench to keep the peace.11 But he could not
pursue the same course with Small : a chal
lenge to fight a duel must be accepted or he
must be ' niddering.'
Early in the morning of January 3, 1800,
the two quondam friends met in a grove
behind the Parliament Buildings on Palace

24 OLD PROVINCE TALES
(now Front) Street at the foot of the present
Berkeley Street ; White received a wound
from a pistol bullet and died a few days after
wards. He was buried in his summer-house,
' a small octagon building erected on the rear
of his park lot,' near the present Bloor Street.
In 1 87 1 his bones were disturbed by labourers
digging sand for building purposes ; the late
Clarke Gamble, Esq., K.C., long the Nestor
of our Bar, reverently gathered them and
with pious care reinterred them in St James'
Cemetery. Small was tried at the assizes at York,
January 29, on a charge of murder, before
Mr Justice Allcock and a jury. But the duel
was a fair one, and, as Chief Justice Robin
son said, in an equally celebrated duel case
thirty years later, ' juries have not been
known to convict when all was fair ' 12— and
Small went free.
Whether from the fatal termination of the
duel of which she was the occasion, or for
other reasons now impossible to ascertain,
Mrs Small was ever afterwards looked at
askance by York society.13 Even the favour
of the lieutenant-governor was sufficient only
to cause her to be tolerated. But small
societies such as York had in those days

THE FIRST ATTORNEY-GENERAL 25
are proverbially censorious, and Mrs Small's
beauty and vivacity undoubtedly aroused
jealousy. It may, however, be affirmed with
confidence that there was no ground for
charging her with immorality or wrong
doing. Major Small was always respected. Six
years after this time he became clerk of the
Crown and Pleas, and survived till 1832 with
credit to himself and benefit to his country.

NOTES TO CHAPTER II
1 ' Canadian Letters | Description of a Tour thro* the Provinces
of | Lower and Upper Canada in the Course | of the Years 1792
and '93. . . . C. A. Marchand | Printer to the Antiquarian and
Numismatic Society | 40 Jacques Cartier Square Montreal | 1912.'
This is a reprint from The Canadian Antiquarian and Numismatic
Journal, vol. ix, 3rd Series, July-October, 1912. The origin of
the manuscript is not clear, but it bears strong internal evidence
of reliability. The author must have been a man of good educa
tion, and if not a barrister, at least with considerable knowledge
of English law.
3 That he was called to the Bar about 1785 appears from a
letter of Osgoode's to Nepean, August 13, 1791, of which a copy
exists in the Dominion Archives. Gray's Inn has no record of
White being called there, but the record exists of his being
entered April 12, 1780. At the Inner Temple the records show
that John White was called to the Bar there in November 1785 :
it is almost certain that it was the same person who entered of
Gray's Inn five years before, and therefore our John White.

26 OLD PROVINCE TALES
3 Evan Nepean was the well-known secretary of the
Admiralty, 'a hard-working official.' Born in 1751, he became
successively a clerk in the Navy, a purser, secretary to an
admiral, and under-secretary of state, commissioner of the
Privy Seal, under-secretary of war and secretary of the
Admiralty. Created a baronet in 1802, he became chief
secretary for Ireland in 1804, and the same year a lord of the
Admiralty. 4 Afterwards Administrator of the Government in Upper
Canada. He was very fond of official position, and more so of
the emoluments attached thereto. Powell complains bitterly of
his procuring commissions as a temporary justice of the Court
of King's Bench : and even before the King's Bench was
instituted Russell was accustomed to be made commissioner to
hold Courts of Oyer and Terminer and General Gaol Delivery —
what we now call Criminal Assizes. The traveller already
mentioned has this to say of him : ' I was at Niagara when
Mr Peter Russell, Judge, Receiver-General and an Englishman
delivered his maiden charge to a jury. Never did I more regret
the being unacquainted with the Art of Stenography. Posterity
would not then have had to regret it as a desideratum. In
England, a charge is a cool business, in Canada it occasionally
rises to peculiar animation.' But, as the traveller later says:
' Men of sense will not expect to find in a new colony the same
regularity in the administration of justice as at home . . . will
not look for the learning of an English judge in a Canadian
one. . . ,'
6 Walter Roe, the son of a resident of London, England, a
man of some means. Dissatisfied with his mother marrying
again after the death of his father, Walter left home and went to
sea. After sailing for some years, he attracted the attention of
a captain for his intelligence and ability, and on their arrival at
Montreal he persuaded him to study law. He was admitted to
practise in 1789 ; and he at once went to Detroit and practised
in the Court of Common Pleas at Sandwich. He was formally
called to the Bar of Upper Canada at the first meeting of the
Law Society, and after the cession of Detroit came to Sandwich

THE FIRST ATTORNEY-GENERAL 27
to live. Further particulars of Walter Roe will be found in my
Legal Profession in Upper Canada in Early Times, chap, xxxv,
pp. 168 sqq.
6 White's Diary, still extant but unpublished, in the possession
of Miss Helen M. Merrill of Toronto, furnishes this and some
other information.
7 The Due de la Rochefoucault-Liancourt travelled in Upper
Canada in 1795- A translation of his volume on the journey is
now being published by the Archives Department of Ontario,
with notes, etc., by myself.
8 ' Mobile ' is of course the original of our ' mob.'
9 See Mr John Ross Robertson's Diary of Mrs Simcoe for an
account of this vessel and a drawing of it.
10 From particulars kindly furnished by the Department of
Crown Lands, Toronto.
11 See my Legal Profession in Upper Canada in Early Times,
chap, xxvii, pp. 151 sqq., for particulars of these circum
stances. " On the trial at Brockville in 1833 °f Mr John Wilson
(afterwards Mr Justice John Wilson of the Court of Common
Pleas) for killing Robert Lyon in a duel near Perth, U.C., see
post, chap, vi, p. no.
13 Letters of the Powell family shortly after this time contain
references to the attempt to ostracize Mrs Small.

CHAPTER III
THE CANADIAN 'PIRATE'
William Dummer Powell, the 'first judge'1
at Detroit and afterwards chief justice of
Upper Canada, had four sons more or less
known to fame — John, the eldest, who was
afterwards called the ' Saviour of Toronto,'
having warned the sleeping city of the approach
of the rebels in 1837 ; William Dummer,
who was one of the ten lawyers who met in
Wilson's Hotel, Newark, July 17, 1797, to
organize the Law Society of Upper Canada,
still a power in the land, and whose marriage
is one of the romances, as his death is one of
the tragedies, of early Upper Canada2; Grant,
a medical man of note, who served through
the War of 18 12 ; and Jeremiah, to whom
some give the name of ' Pirate,' with what
justice we shall see.3
Born in Montreal in 1784, Jeremiah was
educated under his father's eye : he went
with the rest of the family to Detroit when in

THE CANADIAN ' PIRATE * 29
1788 his father was appointed ' first judge '
of the District of Hesse.4 A manuscript
account of the journey (which took twenty-
nine days) by his aunt Anne Powell is still
in existence : it will be found in chapter v
post. A few years later the beautiful picture
was often seen of the father being rowed
on the river at Detroit by his four sons,
the recollection of which was particularly
pleasing to a noble friend in England in after
years. Jeremiah was sent to England, where he
completed his education under the roof of his
mother's brother at Norwich. We find his
father in January 1799 writing to Lord Dor
chester 5 that his son, whom he had left at
school to qualify him for a more humble pro
fession, had been so roused by the military
spirit of the nation, that he had abandoned
his studies to enrol himself in a volunteer
corps. He asked for Dorchester's influence
to place Jeremiah in the Royal Military
Academy at Woolwich, that he might take
his chances in the Artillery or Engineers.
This project came to nothing, and shortly
afterwards — in 1801 — the young man re
turned to this continent. He was placed by
his father in the counting-house of Lenox and

30 OLD PROVINCE TALES
Maitland in New York, where he remained
three years.
He then (1804) went to Haiti on a venture
of his own, and there entered into a new
arrangement. His friend R. B. Forbes, a
member of the firm Grant, Forbes and Co.,
was at that time in Port au Prince. The
negro governor-general, afterwards Emperor
Dessalines, gave Forbes such assurances of
protection that he made up his mind to estab
lish a house of commerce in the island.
Forbes suggested to Powell to take an interest
in the scheme ; and the result was that
Powell, who had expected to clear about three
thousand dollars by his private venture and
return to New York, was induced to form a
partnership with one Windsor, who had come
out with him in the Sampson from New York.
The new firm, Windsor and Powell, was to
be a commission house at Port au Prince to
sell goods consigned to them by Grant, Forbes
and Co. Although both father and mother
strongly disapproved of the scheme (the father
wrote him a sharp letter, still extant, and his
mother hastened to New York to meet him
when he was expected to return, that she
might urge him to give up the West Indies
altogether), there is nothing to indicate that

THE CANADIAN ' PIRATE » 31
he might not have been very successful in
making money, had it not been for circum
stances for which he was not responsible and
which he could not foresee.
A considerable proportion of the goods
consigned to the new firm consisted of military
ornaments, epaulets, sword-knots, lace, etc.,
all invoiced as gold. These to the amount of
three thousand dollars were sold to Dessalines,
both vendors and purchasers believing them
to be gold. Two days after the purchase the
governor-general left St Marc (where the sale
took place), and upon his return, six or eight
weeks after, he refused to pay for the articles,
alleging them to be ' false gold.' The com
mission firm had a test made of the goods
complained of and they turned out to be
brass gilt ; but they made another effort to
get payment from Dessalines. His answer is
worth giving verbatim :
Feb. 1805.
Je Serai bien aise de vous faire voir la
nature de Galons et autres Epaulettes que
vous m'avez vendu, que Je croyois de
l'or, mais que se trouve faux et qui n'est
autre chose que de cuivre dore. Je suis
fache, Messieurs, que vous receviez de
pareil drogues pour venir me les vendre

32 OLD PROVINCE TALES
pour du bon. Je n'ai pas marchande
avec vous, c'est pourquoi Je me trouve
diablement puni. Quant vous viendrez,
Mons. Powell a Saint Marc, Je vous les
ferai voir.
Powell had no difficulty in understanding the
letter ; but though he went to the American
continent in May 1805, he returned to Haiti
in August of the same year, rather ridiculing
the idea of personal danger, taking the pre
caution, nevertheless, of executing in the pre
sence of his uncle George Murray, of New
York, at that place, a conveyance of his land
in Burford, Upper Canada, to his mother and
sisters. Dessalines had become emperor and had
lost all self-control ; naturally cruel and
armed with absolute power, he committed
the horrible deeds which have condemned
him to perpetual infamy. The young Canadian
did not escape his memory, the innocent mis
representation of the articles sold him was
made a crime, and he did not hesitate to
threaten death as the punishment for deceiv
ing an autocrat.
Just at this juncture, and on February 18,
1806, there arrived at Jacmel, a port on the

THE CANADIAN ' PIRATE ' 33
south coast of Haiti, the ship Leander, having
on board Miranda and his expedition for
Venezuela. It had left New York February 2.
Francisco Antonio Gabriel Miranda, gene
rally known as Francisco de Miranda, was
born in Venezuela about 1752 ; he served for a
time in the Spanish army, but was suspected
of treason. He lived in England for a time
and received a pension from the king ; he
expected assistance there in severing Venezuela
from Spain, and there can be no doubt that
his aspirations were rather encouraged. At
length, after living in England for seven years,
he left that country and came to the United
States in 1805.
It would seem that the government of the
United States was riot wholly ignorant of his
project, but took no part in it. He, through
friends, procured a ship, Leander, loaded it
with military stores, induced a large number
of men in New York 6 to embark with him,
concealing, however, his object from most of
them ; and set sail for Jacmel, arriving at
that port, as we have seen, in February 1806.
The intention was to free Venezuela from
the Spanish yoke.
The handsome young Canadian attracted
the attention of Miranda, who represented
o.p.t. :u.c. c

34 OLD PROVINCE TALES
(not without some foundation for the asser
tion) that Britain approved of his project.
Moreover, he held out before the eyes of the
young merchant an alluring prospect of pro
fitable trade when the South American colony
should be free. Threatened on the one hand
by the black emperor, flattered on the other
by the hope of serving his country and the
expectation of pecuniary advantage, it is not
to be wondered at that the seduction of Mir
anda proved effective. Colonel Thomas Louis
in Miranda's force had a brother Jacob, who
was then in command of the ship Emperor,
consigned to Windsor and Powell ; the colonel
had agreed to accompany Miranda with his
brother and his ship. The two brothers took
great part in persuading Powell to join the
expedition, and it was agreed that he should
receive a colonel's commission— but Miranda
would not give him a higher rank than that
of major. Powell thus joined the expedition 7
and received a commission as major in the
revolutionary forces, and the promise of
promotion to the rank of colonel in the
first regiment of cavalry that should be
raised after the landing of the expedition in
Venezuela. This appointment excited the
jealousy of some of the ' Army ' — it was,

THE CANADIAN ' PIRATE ' 35
however, due to the military experience which
Powell had ; slight as that was, it was greater
than that of most of Miranda's curious
host. The expedition sailed from Jacmel, March
27, 1806, Miranda having acquired two small
schooners in addition to the Leander. After
remaining for a few days at the island of
Aruba, they set sail for Venezuela. The
Spaniards had received warning of the pro
posed invasion, and were ready ; when the
1 patriots ' attempted to land near Porto
Cavello, April 28, two Spanish coastguard
vessels attacked the schooners in which were
Powell and some others, very inefficiently
armed ; Miranda, who had a yellow streak in
him, leaving his fellows in the lurch, fled with
the larger ship Leander and so escaped.
The lot of those in the schooner was most
unhappy. After a gallant resistance they
were all made prisoners, bound and taken to
Porto Cavello. They were speedily tried and
found guilty of piracy, rebellion, and murder ;
ten were sentenced to death by hanging,
thirteen to ten years' imprisonment at Porto
Rico, sixteen (or perhaps nineteen) to eight
years at Boca Chica near Cartagena, and
fifteen to ten years at Omoa in Nicaragua ;

36 OLD PROVINCE TALES
three who were mere boys were reserved for
the king's pleasure. Powell had had the pre
sence of mind, when he saw capture inevitable,
to destroy his commission ; his youth and
his apparently subordinate position saved his
life ; and he was one of those sentenced to
imprisonment at Omoa. Those sentenced to
death were hanged and beheaded the follow
ing day, and their heads exposed on poles :
Powell and some others were sent to Boca
Chica on their way to Omoa.
The news came to Mr Justice Powell in
July. Mr George Murray wrote from New
York to John Powell, the judge's eldest son,
at Niagara, who transmitted the news with
out delay to his father in York. The latter at
once took steps to procure his son's release ;
his efforts were successful (how, we shall see
in the next chapter).
In the meantime the unfortunate Jeremiah
remained a prisoner in the fortress at Carta
gena, to which place he was taken on the
way to Omoa. Many letters passed between
him and his father and his uncle George
Murray, the latter of whom kept him well
supplied with money, and also informed him
as to the progress of the efforts for his release.
Murray was also in constant correspondence

THE CANADIAN ' PIRATE ' 37
with his sister, Mrs Powell, to whom he trans
mitted her son's letters.
The young man had planned an escape,
when at length, October 29, 1807, the news
arrived that he was to be set free. He had
been treated rather well for a convict, having
been allowed to walk about the city wearing
a small iron ring around one of his legs, the
money supplied him standing him in good
stead. The sloop in which he finally came to New
York had been fitted out at the expense of
his uncle George Murray. He arrived in New
York early in the year, and came home to his
father's house in February 1808 ; Mr Justice
Powell himself, who had reached home only
late in October of the previous year, met his
son at Niagara.
While the judge was in England he used
such influence with Sir James Cockburn, who
was to go out as governor of Curacao, that he
received an assurance that Jeremiah would
be appointed interpreter to the courts in that
island, with a salary of £2000. The letter
containing the assurance was shown to
Jeremiah shortly after his arrival in York ;
as soon as his health was fairly restored he
became restless under the inaction, and on

38 OLD PROVINCE TALES
March 8, 1808, set off again in the pursuit of
fortune. His mother, who gives a harrow
ing account of his state of health, opposed his
leaving Canada, but without success.
He went to Halifax to take a man-of-war
for Barbados, thence to Curacao. By reason
of the delay, the expected place (almost a
sinecure) had been filled, and Powell had on his
arrival to look about him for a livelihood. He
found that his house in Haiti had been rifled
by Dessalines a few hours after he had made
his escape ; and all his efforts to obtain assist
ance from his former associates proved vain.
'His uncle Murray had spent nearly £3000 in
alleviating his condition when a captive and
in procuring his escape from the South
American colony. He could see no prospect
of opening business in Curacao or Venezuela,
and determined to sail for England.
Miranda had escaped and had made his
way to England, where he was again taken
into favour by the British government. His
pension and that of his secretary were re
newed, and he was living in good repute in
society. Mr Justice Powell in July wrote to
his brother-in-law, Captain Robert Browne of
Norwich, husband of Mrs Powell's sister ; and
Browne went to see Miranda. (It may be of

THE CANADIAN ' PIRATE * 39
interest to note that a letter from York,
Upper Canada, sent January 19, arrived at
Norwich, England, May 30 ; another sent
from York, July 28, arrived at Norwich
September 18.) The result was not en
couraging ; but before Jeremiah could be
communicated with, he had made up his
mind to make an appeal in person to
Miranda for assistance. He sailed from
Curacao for London by the ship Alexander :
neither ship nor passenger was ever heard of
again : it is supposed that the ship foundered
and all on board perished — possibly, however,
they were the prey of pirates or unscrupulous
privateers. The fate of Miranda was even more tragic.
Again invading Venezuela, he met with con
siderable success : he became Dictator in his
native land ; but at length surrendering to
the Spaniards, he passed the rest of his life
in wretched captivity at Cadiz, and died in
chains and misery in 18 16.
One circumstance connected with the im
prisonment of Powell may be noticed for its
romantic interest. During his captivity at
Cartagena — for he never got as far as Omoa
— he carved a set of chessmen. He brought
them with him to New York, and during his

40 OLD PROVINCE TALES
stay there on his way home he presented
them to his fiancee, Miss Eliza Bard, daughter
of Dr Samuel Bard, a prominent physician
who organized a medical college, afterwards
the Medical Faculty of King's College
(Columbia University). Some of his poetry
to the young lady — no worse and no better
than the average of such effusions — is still
preserved. She afterwards married President
M'Vickar ; and the chessmen were at her
death, in 1840, given to the mother of the
lost Jeremiah — she, born in 1755, survived till
1 849. They are still in existence as a memorial
of an extraordinary incident.
Of the unfortunate captives, some died in
prison, a few escaped, and more died in
attempting to escape. Powell was released,
as we have seen, in 1807. In May 1808 two
others, Ingersoll and Moore, were released
at the instance of the British government
as British subjects, though it is quite
certain that Ingersoll was an American
citizen ; it is reasonably certain that his case
was taken up by Britain at the request of
his own government. In 18 10 most of the
others were released at the instance of a
merchant of Cartagena.
Some have not hesitated to call Miranda a

THE CANADIAN ' PIRATE » 41
pirate. So he was in international law, but
no more so than was William of Orange ; and
Powell has been called a ' wild scapegrace,'
although the voluminous correspondence, in
cluding letters to, from, and about him, still
extant, indicate that he was an honest,
capable merchant of correct habits and prin
ciples. And if he was a pirate, so was
Bentinck. Jeremiah Powell was strong and well built,
though not very tall ; he was handsome and
had a most winning and attractive person
ality; An officer in Miranda's service describes
him thus : ' Major Powell ... is no small
acquisition. Though not . . . extensively
versed in the military art, he has all the re
quisite qualifications for becoming a good
officer and is full of military ambition. He
has been well educated and possesses abilities
much beyond mediocrity, with the most
amiable manner.' 8
NOTES TO CHAPTER III
1 William Dummer Powell was born 1755 in Boston, Massa
chusetts, the eldest son of John Powell (a navy contractor) and
Janet Grant, of a well-known and aristocratic Scottish family,
whose father, Suetonius Grant, had renounced his right to a
baronetcy and was living in the colony of Rhode Island as a
merchant.

42 OLD PROVINCE TALES
William Dummer Powell was educated in part in his native
city, in part in England at Tunbridge, Kent, and in part in
Holland, where he acquired the French and Dutch languages.
On his return to Massachusetts he devoted himself to travel
during the summer and the study of law during the winter.
When the troubles between the mother country and the American
Colonies became acute he, along with his father, took the
Loyalist side. He was a volunteer in the siege of Boston
which followed the ' Boston Tea- Party.' One of the consignees
of the tea thrown into Boston harbour in 1773 was Isaac
Winslow Clarke, who afterwards married Anne, sister of
William Dummer Powell, and passed the latter years of his life
in Montreal.
Powell in 1775 married a young English girl, Anne Murray,
daughter of Dr John Murray of Norwich, England, then on a
visit to her aunt, Mrs Inman, at Boston. By reason of the bride's
loss of health in the colony the young couple sailed for England
with General Gage. There Powell applied himself in earnest to
the study of law, and in 1779 came to Canada to practise his
profession. After a successful career at the Bar in Montreal he
was in 1789 made judge of the Court of Common Pleas for the
District of Hesse, i.e. all that part of Canada west of Long
Point, Lake Erie. The court had been established in 1788 and
three judges appointed, all laymen. They declined to act, and
asked for a lawyer to be made judge ; accordingly Powell
was, in 1789, appointed 'first judge,' to act alone, but with the
powers of three judges. When the Court of King's Bench was
established in 1794, Powell became a puisne justice of that
court. He became chief justice in 1815, resigned in 1825 with a
pension, and died in 1834.
He was a voluminous writer. I have a copy of many of his
manuscripts and have drawn on them very freely.
2 His mother, in a Bible presented by her father, Dr John
Murray, to her children, has noted the birth of each of her
children and the death of some of them. Opposite the name of
William Dummer is entered in her handwriting, ' Born 15th
February 1778' — 'died Sept. 29th, 1803, under circumstances

THE CANADIAN ' PIRATE » 43
aggravating the anguish of his unfortunate mother, and k
buried in the Presbyterian burying-ground at Stamford,
Dorchester.' * In addition to their sons John, William Dummer, Grant, and
Jeremiah, Mr Justice and Mrs Powell had four daughters: Anne,
who died in infancy ; Anne, whose tragic fate is described in
chapter ix ; Elizabeth, who died unmarried, and Mary Boyles,
who married Samuel Peters Jarvis. There was also another son,
Thomas William, who, being sent to school at Kingston, was
drowned there at the age of ten. His mother notes concerning
him : • Born 25th October 1794'— ' Died June 16th, 1804— after four
teen days' absence from his sorrowing mother who lived to lament
and mourn this severe dispensation of Providence. The remains
of this dear child are deposited in the Church Yard at Kingston
by those of the Children of the Honble Richard Cartwright'
(who were drowned at the same time).
4 The court sat at L'Assomption, now Sandwich, as Detroit
was by the Treaty of 1783 territory of the United States, but the
judge lived in Detroit, which remained in British possession till
1796, after Jay's Treaty.
6 Sir Guy Carleton.
6 Many of them, it is said, were butchers and butchers' appren
tices. The destination (at least the first destination) was
generally thought to be New Orleans.
7 From contemporary accounts, it would appear that for a long
time both Miranda and Powell believed that Windsor, Powell's
partner, would also join the expedition; but at the last moment
prudence prevailed.
8 There are several accounts of Jeremiah Powell and more of
Miranda. An interesting but not wholly reliable account is
given in a small work in ' The Riddell Canadian Library, ' Osgoode
Hall, Miranda's Expedition (Revolution South America), Boston,
Oliver and Munro, 1808, 8vo, p. 300. This purports to be a
series of letters written at the time by an American, an officer
in the expedition, but it bears internal evidence of being of later

44 OLD PROVINCE TALES
composition. Of Miranda, James Jeffrey Roche, in The Story of
the Filibusters (London, 1891), writes thus :
Among the ardent friends of liberty who rallied around the
flag of the Directory (in France) was Don Francisco Miranda,
a native of Venezuela, of which province his grandfather had
been governor. He was well-educated, and owned a large
private fortune. On account of his revolutionary sentiments
he was forced to fly his native country and the military service
of Spain, in which he had gained the rank of colonel. The
bulk of his property was made forfeit. With what he could
save from the wreck he fled to the United States in 1783.
He afterwards visited several European countries. The
French revolution found him in Russia, whence he at once
set out to offer his sword to the Directory. He held a com
mand under Dumourier in the Holland campaign of 1793, in
which he won a brave name but no serviceable laurels.
The campaign was a failure. Dumourier deserted the cause,
and Miranda was arrested and tried for treason. Although
undoubtedly innocent, his political intrigues had aroused
against him powerful enemies who procured his banishment
from France. He removed to England, a country whose
ministry he interested in his life-long scheme for the revolu
tion of his native land. New York was chosen as the point
of departure. With bills of exchange on London he bought
there the ship Leander, with a formidable armament. On the
2nd of February 1805, the first filibustering expedition from
the United States, consisting of about two hundred men,
' some of them gentlemen and persons of good standing in
society, though mostly of crooked fortunes,' set sail for Vene
zuela on a crusade of liberty. When eleven days at sea they
were brought to by H.B.M. ship Cleopatra, and nineteen of
the adventurers were imprisoned in the ungracious fashion of
the British navy of the period. The Leander was detained,
notwithstanding her American clearance, until General
Miranda produced some private papers, at .sight of which
the British captain not only allowed her to proceed un
molested, but also gave her a 'protection paper,' forbidding
all other English cruisers to detain or search her. Apart
from the Leandeds questionable mission, this remarkable
permit to travel on the high seas throws a striking light
upon the construction of international law at the beginning
of the nineteenth century.
Miranda received material aid and comfort from Admiral
Cochrane, commanding the British squadron on the West

THE CANADIAN ' PIRATE ' 45
India station, but although his force was swelled by two
small vessels it was, from its first advent on the Spanish
Main, a wretched failure. Differences among the invaders,
aggravated by the wayward temper of the leader, together
with a total apathy or active hostility on the part of the very
Venezuelans whom the filibusters had come so far to deliver,
brought all their fond hopes to nought. Such of the adven
turers as were not captured by the Spaniards surrendered to
an English frigate and were carried to the West Indies,
whence they made the best of their way home.
What sympathy, if any, was given to the undertaking by
the administration of President Jefferson it is hard to deter
mine. Miranda always claimed to have been in the con
fidence of the American Government, as he undoubtedly was
in that of Great Britain. It is certain that the people of the
United States already looked with brotherly feelings upon
the misgoverned peoples of Spanish America. Some of the
leaders were tried before the United States courts upon their
return, but, defended with burning eloquence by Thomas
Addis Emmett, himself an exiled patriot, they were promptly
acquitted. Failing in his attempt to free Venezuela from without,
Miranda returned to the country in December 1810 and was
favourably received by the semi-independent colonial govern
ment. Obtaining a seat in the republican congress, he soon
rose to the vice-presidency of that body, and organised a
more formidable scheme of revolution. On the 5th of July
181 1 he signed the act of independence, and was appointed
commander-in-chief of the forces. On his staff was Simon
' Bolivar, who was destined to play a more fortunate part than
that of his chief in the destinies of South America. For a
time Miranda was successful in the field, but reverses were
soon followed by treachery, and when, in pursuance of the
authority of Congress, he signed the treaty of Victoria,
restoring Venezuela to Spanish rule on July 25th, 1812, he
was denounced as a traitor by his fellow revolutionists, who,
with little consistency, delivered him up to the enemy in
whose interest they pretended he had acted. His after fate
sufficiently establishes his innocence of treason to the revolu
tionary cause. The Spaniards sent him a prisoner to Cadiz,
where he lingered for four years, dying in a dungeon, with a
chain around his neck.
Of all his deeds fame has preserved but one enduring
memento, his name, carved with those of the other great
soldiers pf the Directory, on the Arc de Triomphe in Paris,

46 OLD PROVINCE TALES
Quite the best account of Miranda is given by Dr Robertson in
the Transactions of the American Historical Society for 1907.
Miranda is frequently mentioned in the Haldimand Papers. Sir
Frederick Haldimand seems to have been on rather familiar
terms with him in London.
The facts of Jeremiah's career, business, and fate appear in
MSS., letters (many of them in the Toronto Public Reference
Library) and statements, most of them in the chief justice's
handwriting.

CHAPTER IV
A JOURNEY TO SPAIN
The terrible news of the capture of Jeremiah
Powell by the Spaniards, accompanied by
the statement that he had been condemned
to death, reached his father in York through a
letter from his brother-in-law, George Murray x
of New York to John Powell, the judge's eldest
son. Mrs Powell and her daughters were at that
time in New York expecting to meet the unfor
tunate son and brother on his arrival from
Haiti ; Murray could not keep the fatal news
from them, and most serious consequences to
the health of the mother were to be feared.
The judge at once secured leave of absence
from Alexander Grant,2 the administrator
of the government, and took the Toronto
Yacht3 for Niagara. He had been assigned
as assize judge and had appointed his son
John his marshal of assize 4 : at Niagara he
arranged his circuit and forthwith sailed for
Kingston, where he arrived in twenty-four
hours. 47

48 OLD PROVINCE TALES
Crossing the river he engaged the driver of
a ' tin-wagon ' to drive him to Utica. This
took four days : then he went on the stage to
Ballston Springs, where his son Dr Grant
Powell was resident physician : thence to
Albany, to meet the sloop which was bringing
Mrs Powell and her daughters up the Hudson
from New York.
Waiting six long and weary days at Albany,
the anxious father made such inquiries as
convinced him that the young man's life
might yet be saved, and by strong exertion,
even his liberty. He brought his family to
Niagara — even in August and with a special
stage it took six days to go from Albany to
Niagara : he left them with his son John and
at once came back to York.5
Raising money to an amount that kept
him straitened for the rest of his life, he applied
to the new lieutenant-governor, Francis
Gore,6 for six months' leave of absence after
his circuit ; and this was cheerfully granted.
Completing his circuit in October at Cornwall,
he crossed the river to St Regis, and thence
went by horse and boat to Plattsburgh, then
to Burlington, Vt., then by stage to Boston,
where he hoped to receive assistance from
an old acquaintance, Don Juan Stoughton,

A JOURNEY TO SPAIN 49
Spanish consul at Boston. But Don Juan
had no influence and could only recommend
his old friend to apply to his" brother, Don
Tomaso Stoughton at New York. Don
Tomaso told him in plain terms that the only
hope of saving his son was to obtain the in
fluence of the Marquis de Yrujo, the Spanish
ambassador to the United States. By this
time it had been ascertained that Jeremiah
had escaped the death penalty and had been
sentenced to ten years' slavery at Omoa.
Procuring strong letters to Yrujo, Powell
went to see him at Philadelphia ; but all that
Yrujo could do was to give a letter to Vascon-
celos, the governor of Venezuela, asking as a
personal favour that the prisoner should be
sent to Porto Rico till the pleasure of the
king of Spain should be known. The ambas
sador said that nothing more could be done
in America, but that anything might be
expected from the humanity and liberality of
his sovereign if he were solicited in person.
Powell determined to seek mercy for his son
at the fountain-head. He embarked at New
York for England and arrived, January 7,
1807, at Deal, after a rough voyage of thirty
days. Through Canterbury he travelled to
London, where he found a new complication
o.p.T.ro.c. D

50 OLD PROVINCE TALES
which threatened to be fatal. Napoleon had
declared all British subjects within his terri
tories and those of his allies to be prisoners of
war. It was therefore impossible to procure
a passport for Madrid.
Powell renewed his acquaintance with a
Spanish merchant, and through him received
a recommendation from the Spanish Trans
port Board. He also through a brother-in-
law7 obtained letters to the king of Spain
from the celebrated Dr Jenner (the discoverer
of vaccination). Through a friend, Major
Robertson,8 he was brought into communica
tion with the Duke of Kent, son of King
George III, and father of Queen Victoria:
he could do nothing himself, but introduced
Powell to his brother the Duke of Sussex and
to the Duke of Orleans, his guest. These two
dukes gave him all the assistance in their
power. The Earl of Selkirk, not long afterwards to
be one of the judge's bitterest critics, was at
that time in London. Powell had enter
tained him at his house in York : Selkirk was
not unmindful of the kindness and more than
reciprocated by introducing him to Lord
Holland,9 who gave him a letter to the Prince
of the Peace,10 then all-powerful in Spain, and

A JOURNEY TO SPAIN 51
also a letter to the papal nuncios at Lisbon
and Madrid.
James Monroe, afterwards president of the
United States — he of ' Monroe Doctrine '
fame — was at that time American minister
at the Court of St James. Powell applied to
him and he promised to make the Canadian
the bearer of a dispatch to the American
minister at Madrid, which might perhaps
serve to procure him a passport from the
Spanish ambassador in Lisbon : but; of
course Monroe said he could not give him a
certificate of American nationality.
However, another and an effective means
soon offered. During the years of war the
communication between Spain and her Ameri
can colonies was very precarious. The gover
nor of Mexico had laid up an accumulation
of official correspondence for his home govern
ment for several years, awaiting a safe means
of transmitting it to Madrid. At length he
entrusted it to a Spanish frigate which was
taking to Spain silver from Cartagena. The
frigate was captured by a British privateer
and the correspondence was sent to London.
The secretary of state determined to send it
to Madrid, and employed a young Spanish
American, Don Pedro de Landecherry, re-

52 OLD PROVINCE TALES
cently arrived from Lima, to take the papers
to their destination. At the request of the
Duke of Sussex, Powell was joined in the com
mission, and thereby his free entrance into
Spain was apparently assured. " The two oddly
matched envoys left London by mail-coach
for Falmouth, with nine packages of dis
patches ; embarking at Falmouth on a packet,
they arrived at Lisbon on the tenth day.
Powell seems to have had the faculty of
making friends on all occasions. (He did
not always retain them, however.) One of
their fellow-passengers on the packet was a
Mr Buller,11 who was well acquainted with
Lord Strangford, the British ambassador at
Lisbon ; and Buller took pains to further
Powell's interest with Lord Strangford.12
But all influence seemed unavailing with
the Spanish ambassador, who declared his
utter inability to grant a passport to a British
subject under any circumstances. However,
at last he said that he was about to dispatch
a courier who would return in about ten
days ; and through him he would represent
Powell's case at Madrid, and possibly be able
to overcome the prohibition. Powell was
seriously alarmed ; Landecherry had the dis
patches, and Powell feared that he might go

A JOURNEY TO SPAIN 53
on without him or deliver the dispatches to
the Spanish ambassador at Lisbon. He
bethought himself of the letter from Lord
Holland to the papal nuncio and went to see
that dignitary. The old courtier, nearly allied
to the royal family of Portugal, received the
harassed Canadian most courteously, spoke
in the highest terms of Lord and Lady Holland
and the English nation, and promised the
active assistance of himself and his brother
nuncio at Madrid, Gravina.13 He ended by
inviting Powell for next day at two o'clock
p.m. ' if he could trust himself among so many
clergymen to eat his soup,' adding that he
was assured that he would wish him joy of
having conquered the difficulty over the
passport. Powell went home to his lodgings happy in
the conviction that his troubles were near
their end. He tells us that he and his friends
' adjourned in the evening to the opera, the
principal entertainment of which I could not
well appreciate — the Orchestra seemed to me
numerous and excellent, the singers indifferent,
the dancing disgusting from the excessive
nudity of the females ' — but we must not
forget that he came from Boston. The follow
ing day he dined with the nuncio and ' his

54 OLD PROVINCE TALES
family ' (consisting of five or six ecclesiastics),
a bishop, and two laymen of learning, both
from Rome. The nuncio's reception was
gracious in the extreme. He cordially con
gratulated the visitor on the removal of all
difficulty concerning the passport, and gave
him the place of honour, above even the bishop.
Next day the passport was forthcoming
and Powell was formally made a joint sharer
with Landecherry in the care and carriage
of the royal dispatches. After a most gracious
reception by Lord Strangford, who drank a
bumper of Burgundy to his success, Powell
retired to rest, thoroughly satisfied with the
day's successes. The next step was to pro
cure transportation : a ' Coche de Cordil
leras ' 14 was hired on the promise that the
travellers would be put down in Madrid in
seven and a half days for three hundred dollars.
The promise was more than fulfilled — on the
seventh day Madrid was reached. On in
quiry it was found that the court was at
Aranjuez ; next morning the dispatches were
delivered there, and Powell at once prepared
a petition to the king. This, with Dr Jenner's
letter and that from Lord Holland, was
handed to the Prince of the Peace, who re
ceived it most graciously ; and the very same

A JOURNEY TO SPAIN 55
evening the father had the joy of hearing
that an order had been signed for the imme
diate release of his son.
A few days afterwards an under-secretary
waited on Powell at his hotel, and gave him
the royal decree for the unconditional pardon
of Jeremiah, and at the same time a command
to the governor of Venezuela to receive the
father with hospitality if he saw fit to come
to that province for his son. This speed,
quite unusual in Spain (perhaps elsewhere as
well), was probably due to the arrival of
Gravina, the papal nuncio, who came from
Toledo expressly to urge immediate release.
After a short stay in Madrid, where he re
ceived ' the most flattering attentions from
the great courtiers and dames,' Powell set off
for Lisbon, arriving there the ninth day, just
too late to take the packet for England which
had dropped down the river that very day.
However, he hired a boat and caught up the
packet (the Walsingham), which carried him
to England.
Arrived in London, he communicated his
success to the lords of the Admiralty, and
they at once dispatched an order to the
admiral at Jamaica, to send a man-of-war to
Venezuela with the order for release and to

56 OLD PROVINCE TALES
receive the prisoner and carry him to England
if he so desired. But Powell preferred another
course : he sailed to America, visited the
Spanish ambassador Yrujo, and obtained
from him a licence for a fast sailing sloop to
proceed to Cartagena with the dispatches.
The sloop was sent at the expense of George
Murray ; it received the unfortunate Jeremiah
and brought him to New York, fwrni which
place he came overland to York to be restored
to health in the bosom of his family.
This journey to save his son lasted from
July 1806 till October 1807 : it impoverished
Powell and subjected him to all kinds of
inconveniences ; but he never complained
of loss or inconvenience, thinking all well
repaid by the result — his son who was thought
dead was alive again, if only for a few months.15

NOTES TO CHAPTER IV
1 Murray seems to have acted throughout with the zeal of
a devoted kinsman ; he spent a large sum of his own money,
some of which was never repaid, and it is to be feared that he
did not receive that meed of gratitude and praise which his
devotion called for. The correspondence is still in existence,
some of it not too pleasant reading.
2 Alexander Grant, ' Commodore ' Grant, was chosen, Sep
tember 1805, by the Council to be administrator of the govern-

A JOURNEY TO SPAIN 57
ment of Upper Canada on the death of Lieutenant-Governor
Peter Hunter in the orevious month ; and he continued to act as
administrator until the arrival of Francis Gore as lieutenant-
governor in August 1806. He was a Scotsman of Inverness-
shire, at first a midshipman, then an officer in a Highland regi
ment ; he took part in Amherst's expedition to Lake Champlain
in J759 ; he was employed in one of the boats built by Amherst
at Ticonderoga and afterwards was placed in command of
the lake fleet in Lakes Erie and Huron. He survived till 1813.
3 The Toronto Yacht was built in 1799 in the Humber by
Joseph Dennis, an American : it is said that she was the first
vessel built at York. The Upper Canada Gazette of Saturday,
September 14, 1799, says : « The Toronto yacht, Capt. Baker,
will in the course of a few days be ready to make her first trip.
She is one of the handsomest vessels of her size that ever swam
upon the Ontario . . . and . . . bids fair to be one of the swiftest
sailing vessels. She is admirably calculated for the reception of
passengers and . . . reflects great honour ' on her builder. Her
tonnage is unknown ; but it could not have been more than fifty
tons. See Mr Ross Robertson's valuable Landmarks of Toronto,
vol. iii, pp. 304, 305.
4 Until very recently the assize judge had the petty patron
age of appointing the clerk of the Nisi Prius Court, called the
Marshal of Assize. The office was of no great importance,
but the fees which it brought in were not to be despised in olden
days. At the present time in the county towns the local
registrar or his deputy performs the duties of marshal of
assize. 5 From York to New York in those days the route was
generally to Niagara or Queenston, thence across the river
and eastward by stage to Albany, thence by boat to New York.
6 Francis Gore was born in Kent, 1767, of an aristocratic
family. At the age of eighteen he entered the Army, in which he
saw some active service. He became lieutenant-governor of
Upper Canada in 1806. In this capacity he had much difficulty
with a set of men who opposed him and his government in

58 OLD PROVINCE TALES
almost everything. Mr Justice Thorpe, deserting his post to go
to England, he dismissed ; Wyatt, the surveyor-general, he also
dismissed. Wyatt afterwards sued him in England for libel
committed in what the reporter calls the 'Island' of Upper
Canada, and got a verdict. Of his other opponents, Joseph
Willcocks, the sheriff at York, became a deserter in the War
of 1812, and was killed in battle wearing the uniform of an
American colonel ; William Weekes, a lawyer, was killed in a
duel by his brother lawyer, William Dickson (see post, chapter
vi, p. 98). Gore did perhaps as well as any one could under all
the circumstances, but he came in for unbounded criticism and
vituperation. His correspondence with William Dummer Powell
after his return to England exhibits him in a better light than
do some historical writers. He died in 1852.
' This was Mr Charles Murray, a friend of Dr Jenner's.
Dr Jenner had already, through his influence with Napoleon,
obtained the release of a prisoner for whom the government
had pleaded in vain.
8 From Major Robertson he received a letter to General
Maitland, the governor of Grenada ; to Maitland, Powell sent
a statement of his son's case and ,£300 to defray the expense
of taking the young man to Porto Rico, if that were found
practicable. 9 Henry Richard Vassall Fox, third Lord Holland, born 1773,
educated under the eye of his uncle, Charles James Fox,
travelled much on the Continent, lived with his wife in Spain,
chiefly at Madrid, 1802-5 ; he died in 1840. Lady Holland's
Journal, 1791-1811, in two volumes, and her Spanish Journal are
still worth reading.
10 Don Manuel Godoy, Duque de Alcudia, ' Prince of the
Peace,' was born of a poor but nable family, 1767. He joined
the Royal Bodyguard at the age of seventeen, and soon attracted
the attention of Queen Maria Luisa, who induced her brainless
husband, Charles IV, to heap favours, honours, and dignities
upon him. He became prime minister in 1792, and in 1795 took
a prominent part in arranging the peace with France, whence he

A JOURNEY TO SPAIN 59
derived his title, « Prince of the Peace.' Removed from office in
1798, he was reinstated in 1799, and remained in power till
1808, when he was forced to leave the country. In 1797 he
married the king's niece ; it is possible that the contemporary
scandal is true and that he had a wife then living. His latter
years were spent in Rome and Paris— he died in 1851.
11 Buller was the son of a rich merchant in London, formerly
resident in Bristol. It is not improbable that he was Charles
Buller of the revenue department of the East India Company's
service, who was the father of Charles Buller, the well-known
Liberal politician who accompanied Lord Durham upon his visit
to Canada after the Rebellion of 1837-38, and had some part in
drawing up the famous Report.
12 This was Percy Clinton Sydney Smythe, sixth Viscount
Strangford and first Baron Penhurst, Byron's
' Hibernian Strangford with thine eyes of blue
And boasted locks of red or auburn hue.'
Bora 1780, educated at Trinity College, Dublin, he was in 1802
made Secretary of Legation and in 1806 nominated Minister
Plenipotentiary at the Portuguese Court. He remained in that
position till December of the following year. He was after
wards minister to Sweden, and died in 1855.
13 This could not have been Carlos, Duque de Gravina, the
well-known Spanish admiral, who is said by Lady Holland to
have been the only Italian beloved by the Spaniards. He died
of wounds received at the battle of Trafalgar, where he com
manded the Spanish fleet. As the admiral was born in Palermo
it is not unlikely that the nuncio was some relation of his.
14 A special build of coach for mountain travel, extra strong
and light.
15 The particulars of this voyage are taken from a MS. in
Powell's handwriting, the accuracy of which may be relied
upon. (Some of the information concerning the Spanish
ambassador to the United States I owe to my friend Hon.
George W. Wickersham, formerly attorney-general of the

60 OLD PROVINCE TALES
United States.) There are a number of printed reports of
Powell's voyage to Spain, all of which are more or less in
accurate. In The Story of the Filibusters by James.Jeffrey Roche (London,
1891) the following account is given :
Of the prisoners taken, ten were hanged ; some fifty others
were condemned to terms of imprisonment varying from eight
to ten years. Among the latter were Major Jeremiah Powell,
whose father visited Spain in a vain effort to procure his re
lease. Returning, in despair, by way of London, he bethought
him of a novel expedient. It was that of getting a letter of
introduction to the Spanish monarch from the great Doctor
Jenner. Armed with this he returned to Madrid and pre
sented himself before the Court. The student of Spanish, and
notably of Spanish-American history, will find few instances
of generous or tender instinct in its bloody annals. Let it be
written, as a bright line on the dark page of Spanish cruelty,
that the appeal of humanity's benefactor was not made in
vain. Major Powell was at once set free. The conquest of
deadly pestilence was hardly a greater victory than that won
over the heart of a merciless despot. Two half-pay officers
of the British army, an ex-colonel of the United States
service, a chevalier of the Austrian Empire, and several
adventurous young men of good families in the United States,
formed the circle from which Miranda chose his officers.
Among the latter was a youth named Smith, grandson of
President Adams. It was rumoured that he was among the
prisoners taken at Caracas. The Spanish Minister at Wash
ington, the Marquis de Casa Yrujo, fancying that he saw a
good chance of serving his government, and, at the same
time, getting credit for a humane act, wrote to a friend of
young Smith's father at New York, offering to interest him
self on behalf of the prisoner, who otherwise would probably
be condemned to die with his companions. Respect for the
exalted character of Mr Adams, he said, prompted this step,
but he must nevertheless stipulate that Colonel Smith should
impart to him full and complete information about the plans
of Miranda, and a list of the Spanish subjects who were con
cerned in them. The father, yet ignorant of the fact that his
son was not among the unfortunate prisoners, at once replied,
thanking the noble Marquis for the interest he had shown, but
adding with a dignity and fortitude worthy a Roman : ' Do
me the favour, my friend, to inform the Marquis, that were I

A JOURNEY TO SPAIN 61
in my son's place, I would not comply with his proposals to
save my life ; and I will not cast so great an indignity on that
son, my family, and myself, as to shelter him under the shield
of disgrace.'
The following is an extract from Foreign Reminiscences by
Henry Richard, Lord Holland, 2nd edition, 1851. Speaking of
Godoy, • Prince of the Peace,' he says, pp. 135-7 :
Our interviews were mere interchanges of civility. But a
transaction of no importance to the public, but of great im
portance to the parties concerned, took place between us, and
he not only behaved with great courtesy to me, but shewed
both humanity and magnanimity. A young English gentle
man of the name of Powell had, before the war between
England and Spain, engaged either with General Miranda,
or some other South American adventurer, in an expedition to
liberate the Spanish colonies. He was taken. By law his
life was forfeited, but he was condemned by a sentence nearly
equivalent to perpetual imprisonment in the unwholesome
fortress of Omoa. His father, Chief Justice of Canada,
on hearing the said tidings, hastened to England. Unfor
tunately, hostilities had commenced under circumstances cal
culated to exasperate the Government and people of Spain.
The Chief Justice was, however, determined to try the effi
cacy of a personal application to alleviate the sufferings of his
son, by a change of prison, since he despaired of obtaining his
release. Having procured passports, he proceeded to Spain,
furnished with a letter of introduction to the Prince of Peace
from me, to whom he applied as recently arrived from thence,
and not involved in the angry feelings or discussions which
had led to the rupture between the two countries. The
Prince received him at Aranjuez, and immediately on reading
the letter, and hearing the story, bade the anxious father
remain till he had seen the King, and left the room for that
purpose without ceremony or delay. He soon returned with
an order, not for the change of prison, but for the immediate
liberation of the young man. Nor was he satisfied with this
act of humanity, but added with a smile of benevolence, that
a parent who had come so far to render a service to his
child would like probably to be the bearer of good intelli
gence himself, and accordingly he furnished him with a pass
port and permission to sail in a Spanish frigate then preparing
to leave Cadiz for the West Indies.
In The Life of the Rev. Joseph Blanco White Written by Him-

62 OLD PROVINCE TALES
self, London, 1845, in vol. ii, at pp. 195-6, is found a letter
from Lord Holland to Blanco White, dated London, March 4,
1836, in which much the same language is used, the only differ
ence (except mere verbal differences such as 'though' for 'but,'
4 that ' for ' this,' etc. ) being
before 'engaged either' are found the words 'in 1804.'
,, • calculated to exasperate ' is found ' singularly.'
instead of ' arrived from thence ' : ' returned (in the Spring of
1805) from thence.'
„ of 'had led to the rupture': ' had preceded and followed
the rupture.'
,, of 'received him at Aranjuez ' : 'received him at the
palace of Aranjuez. '
, , of ' an order, not for the change ' : ' an order duly signed,
not for the change.'
„ of ' would like probably ' : • would like. '
It may be of interest to give the route followed by Mr Justice
Powell from Lisbon to Madrid. I give it in his own words :
At eleven, we embarked below the Exchange for Aldeia Gal-
laga and slept the night at Vendas Novas where there is a low
building called a Pallace for the accommodation of the Court
on its way to Villa Viciosa. The next day we proceeded
through Montemor, Arrayolos and Venda de Ducque to
Estremos where we slept. On the following day we break
fasted at Algaranes, dined at Elvas. I visited Don Jose Benta
and deposited Madame Doyenhaussen's letters for Brother
and proceeded to sleep at Badajos in Spain. From Elvas
to Badajos the road was indifferent, enlivened however by
Plantations of the Vine and Olive, and the view of the Town
which is situated upon an Eminence.
The route in Spain is not given, but no doubt it was the usual
course— across from Badajoz to Caceres, thence by Puenta del
Arzobispo and Talavera to Madrid. The route followed by
Powell in Portugal and to Badajoz, we know was followed by
Lord and Lady Holland ; and from Lady Holland's Spanish
Journal we know the usual route in Spain.
The traveller at the present time going from Lisbon to Madrid
on the Madrid- Badajoz- Lisbon line would follow substantially

A JOURNEY TO SPAIN 63
the same course. He would cross the Tagus a little below
Aldeia Gallega to Barreiro, then by rail through Vendas Novas,
Casa Branca Evora (a little south-east of Montemor and south
of Arrayolos), Venda de Duque, Estremos and Elvas to Badajoz
— Algaranes is too insignificant to appear on any map. He
would then depart from the original route, go east to Merida,
and then noitherly to the railway junction near Caceres, instead
of taking the coach route by Albuquerque farther west. From
the junction to Madrid the railroad keeps very close to the old
coach route.
Villa Viciosa is usually and properly spelled Villa Vicosa.
Countess Doyenhaussen was the sister of Marquis D'Alorno
and mother of the Duchess de Alliaga (Aliaga or Ega), 'a
daughter ofthe House of Berwick, the brutally treated favourite
of Don Diego Godoy (created Duque de Almovodar del Campo),
brother of the Prince of the Peace' (Lady Holland's Spanish
Journal, pp. 117, 198). The Countess Doyenhaussen was living
in London ; Powell was introduced to her by Colonel D'Allegre
de Saint Tronc, who had been in Canada with Count de Puisaye
and had known the judge and his son Jeremiah there. She
gave Powell a letter to her daughter, who was ambassadrice de
famille from the prince-regent of Portugal to his brother-in-
law, the king of Spain. She seems also to have given him a
letter to Don Jos6 Benta. I have not been able to discover any
thing about this gentleman : he is not mentioned by the Hollands
or elsewhere by Powell.

CHAPTER V
A JOURNEY FROM MONTREAL TO DETROIT
When William Dummer Powell was in 1789
appointed 'first judge' for the District of
Hesse, i.e. all Canada west of Long Point,
Lake Erie, there was no road cut through
what is now the province of Ontario, and it
was necessary to take the water route. He
was at the time living in Montreal with
his wife and family — four sons and two
daughters ; there also lived with him his
eldest and favourite sister, Anne,1 a young,
vivacious woman of handsome person and no
little literary ability. In her letters still
extant she writes in a lively and entertaining
style, and her light chaff of her somewhat pon
derous brother is very amusing.
All these were to accompany him to Detroit,
the place of his future residence ; for although
the territory on the right bank of the inter
national waters was by the Treaty of 1783 to
belong to the United States, Britain would
64

FROM MONTREAL TO DETROIT 65
not give up Detroit and a number of other
forts until the new republic should imple
ment its promises in other respects ; and it
was not till August 1796 that Detroit was
abandoned by the British under Jay's Treaty
of 1794.
Anne Powell was beloved by Isaac Winslow
Clarke,2 who was also from Boston, a United
Empire Loyalist who had given up all, that
he might keep his faith and live under the
old flag. He had been one of the consignees
of the tea which was thrown into Boston
harbour by the rebel faction, and had ulti
mately made his residence in Montreal. To
complete the story of Anne Powell's life, it
may be said that after living for a short time
at Detroit with her brother, she returned to
Montreal and married her lover. After an
all too short life she died in 1792. But that
was still in the future : now she was to ad
venture the far distant West. She determined
to keep a journal of her voyage, and after
wards she reduced her notes and recollections
to systematic form. The result of her literary
efforts still exists. It is beautifully written,
clear and legible, certainly the production of
a well-educated and intelligent woman ; it
has suffered some loss in the lapse of a cen-
o.p.t. :u.c. e

66 OLD PROVINCE TALES
tury and a quarter, but all that remains is
quite clear and plain. Her story, with the
original orthography, etc., is as follows :
'When I talk'd of keeping a journal from
Montreal to Detroit I was not aware of the
difficulties attending the journey. I expected
it would be tedious, and thought writing
would be a very pleasant employment, and
so it might have proved had it been practic
able but the opportunities of writing were so
few that I found it would be impossible to
keep a journal with any degree of regularity,
so left it wholly alone and trusted to my
memory (which never deserved such a com
pliment) for recollecting whatever was worth
communication. 'We left Montreal on the nth of May with
a large party of our friends who paid us the
compliment of seeing us the first Stage where
we took a farewell dinner and all the party
except Mr Clarke left us. It was a melan
choly parting here. I was the person least
interested in it, and partook of it more from
sympathy than any real sorrow I felt, all
whom I was much attach'd to were going
with me, but on those occasions crying is
catching and I took the infection. Yet I

FROM MONTREAL TO DETROIT 67
felt melancholy, for tho' I had no particular
friendships, I had received many civilities
from the people of Montreal and I felt a
general regret at bidding them adieu. Mr
Clarke stole off in the morning before we were
up, but an honest German Lad, whom my
brother had discharged, followed us to Lachine
and cost me a tear at parting though I can
not say exactly from what sentiment it
flow'd ; with his eyes full of tears he came
into the room and kiss'd all the Children
round, then, dashing away his tears, he
attempted to thank his Master for past kind
nesses, but the poor fellow's voice failed he
caught my Brother's hand and held it to his
lips, he cast a look at my sister and me, I
suppose he saw encouragement in our faces
for he took our extended hands, dropped a
tear on each and, with blessings, that, I am
convinced, flowed from his heart bade us
adieu. ' We now went to our Boats ; one was
fitted up with an awning to protect us from
the weather and held the family and bedding.
It was well filled, eighteen persons in all, so
you may suppose we had not much room ;
as it happened that was of no consequence, it
was cold on the Water and were glad to sit

68 OLD PROVINCE TALES
close. This mode of travelling is very tedious
for we were obliged to keep close along shore
and go on very slowly. The first night we
stopt at the house of a Habitan, who turn'd
out with his family to give us the best room,
where we spread our Beds and slept in peace.
I entertained myself with looking at the
Canadian Family who were eating their
supper, saying their prayers and conversing
all at the same time. The next day we
reach'd a part of the River where the boats
are obliged to be unloaded and taken through
a Lock, the Rapids being too strong to pass ;
these were the first Rapids, of any consequence,
I had ever seen. Perhaps you do not under
stand what I mean by a Rapid : it is where
the water runs with swiftness over large
rocks, every one of which forms a Cascade,
and the river here is all a bed of Rocks.
There is no describing the grandeur of the
water when thrown into this kind of agita
tion ; the Sea after a Tempest is smooth to
it. We breakfasted at the house of a man
who keeps the Lock and dispatched Mr Smith
with a message to a Mr Dennie who lived at
the distance of a few miles, and with whom
we had promis'd to dine: I believe I have
never mentioned Mr S, before ; as he is tp

FROM MONTREAL TO DETROIT 69
be our fellow traveller I will now tell you who
he is. Mr S. was a Clerk of my Brother's,
a sensible, well disposed young man who lost
his Parents early and was cheated of his little
fortune by his Guardian. When my Brother
gave up business he had no further occasion
for a clerk and Mr S. saw himself without
friends or protection, he preferred following
the fortune of his only friend to being left at
Montreal, and readily embraced an offer of
making one of our party to Detroit. As soon
as Mr Dennie heard of our arrival a Calash
was dispatched for the Ladies, a saddle horse
for Mr P. and a waggon for the children and
servants. Mrs P. was unwilling to trust the
little girls out of her sight, so we each took
one on our Laps, but went only a little way
when the Calash broke down. Fortunately
none of us were hurt ; my Brother had rode
on and we were a good deal perplexed what
to do. I proposed getting into the Waggon,
but my Sister would trust neither herself nor
the infant in it ; there was no other alterna
tive than walking and letting the servants
carry the Baby till the man could go home
for another Calash. The sun was hot and
the road dusty ; one carriage, to me, was
just the same as another, so up I mounted

70 OLD PROVINCE TALES
and a very pleasant ride I had with a fine
view of the Country. Mrs P. was heartily
fatigued before the Calash met her. The
hospitable welcome and the good dinner we
got at Mr D.'s set all to rights. In the
evening we went on ten miles further to a
public house where we were tormented with
Fleas and Dirt. We then resolved not to
stop at another Inn if we could possibly meet
with any other accommodation. My Brother
had travelled the road before and knew the
people and the distances from one house to
another. This part of the Country has been
settled since the Peace ; it was granted to the
Troops raised in America, during the War.
We went from a Col* to a Captn, from a
Captn to a Major. They have most of them
built good houses, and with the assistance of
their half pay, live very comfortably and in
crease and multiply at a great rate. We
pass'd one night at the house of a Captn
Duncan, whose Wife I had often heard men-
tion'd by my sister and whose story I com
miserated before I saw her person. She is
one of the loveliest young women I ever saw,
both in person and manners, is now only
nineteen and has been 5 years married to a
Man who is old disagreeable and vicious, but

FROM MONTREAL TO DETROIT 71
he was suppos'd to be rich and her friends
absolutely forced her to marry him. I never
heard of such a series of cruelty being prac
ticed on any poor creature in my life both
before and after her marriage. The disgust
I felt towards him is now settled into a fixed
aversion which can never change for it is
founded on principle. After the sacrifice was
made her friends had the mortification of
finding themselves deceived in his circum
stances ; so far from being rich he was deeply
in debt, and had nothing to live upon but
his half-pay and his new lands which were
then in a state of Nature. There, however
he brought her, and there she lived in a hut
without society, and almost without the
necessaries of life, 'till he built a house, which
he has done upon so large a scale that it will
never be finish'd. My sister had been strongly
attach'd to Mrs D. when she was quite a
child and is much beloved by her. I felt
myself very much interested for this sweet
young woman and should have great plea
sure in hearing her Tyrant was dead, the
only means by which she can be released. I,
at that moment thought with pleasure of a
circumstance that has often mortified me,
the slightness of my own constitution which

72 OLD PROVINCE TALES
will never leave me long to struggle under any
great misfortune ; a good flow of spirits buoys
me up above the common vexations of life ;
few people, I believe, bear them with more
temper — but an evil too great for the strength
of my mind would soon send me to the grave.
The night following that which we pass'd
at Captn D.'s we reach'd the house of an old
servant of Mrs Powell's ; the children were
delighted to see her and I was well pleased
with an opportunity of observing a new scene
of domestic life. Nancy, it seems, had
married a disbanded Soldier who had a small
lot of land where they immediately went to
live and cultivated it with so much success
that in a few years they were offer'd, in ex
change, a Farm twice its Size to which they
were just removed, and were obliged to live
some time in a small temporary log house
which consisted of only one room, in which
was a very neat Bed where a lovely infant
of 3 months old lay crowing and laughing
by itself. A large Loom was on one side, on
the other all the necessary utensils for a
family, everything perfectly clean. Nancy
went to the door and brought in two more
fine children and presented them to her old
mistress. We asked her if she was happy,

FROM MONTREAL TO DETROIT 73
she said, ' Yes, perfectly so ' ; she work'd
hard, but it was for herself and her children.
Her husband took care of the Farm and she
of the family, and at their leisure hours she
wove Cloth, and he made and mended shoes
for their neighbors for which they were well
paid, and every year they expected to do
better and better.
Small as this place was we chose to stay all
night, so, while Mrs P. was giving orders for
arranging the Beds my Brother and I walk'd
out to enjoy a very fine evening. The bank
of the River was very high and woody, the
Moon shone bright through the trees ; some
Indians were on the river taking Fish with
Harpoons, a mode of fishing I had never seen
before. They make large fires in their Canoes
which attract the Fish to the surface of the
water, when they can see by the light of the
fire to strike them. The number of fires
moving on the water had a pretty and singular
effect. When we return'd to the house we
found the whole floor cover'd with Beds. The
Man and Woman of the house, with their
three children, had retired to their own and
left us to manage as we pleased. A Blanket
was hung before my mattress which I drew
aside to see how the rest were accommodated.

74 OLD PROVINCE TALES
My Brother and Sister, myself, five children
and two Maid-servants, made up the groupe ;
a blazing fire (not in the Chimney for there
was none but in one side of the Room which
was open at the top to let the smoke out, and
gave us a free current of air) shew'd every
object distinctly. I was in a humour to be
easily diverted and found a thousand things
to laugh at ; it struck me as very like a party
of strolling Players. At night we always
drest a dinner for the next day, so when we
were disposed to eat it the cloth was laid in
the Boat, and the Table served with as much
decency as could be expected. If we could
be contented with cold provisions, not so
our Sailors ; they went on shore and boil'd
their pot, smoked their Pipes etc. One day
we happen'd to anchor by a small Island where
the Bank was so steep the men had some
difficulty in climbing it. I finish'd my dinner
before the rest of the family and felt an in
clination to walk ; I took one of the maids
and made one of the men help us up. We
strolled to the other side of the Island, and
when we turn'd round saw the whole of the
ground cover'd with fire. The wind blew
fresh and the dried leaves had spread it from
where the people were cooking. We had no

FROM MONTREAL TO DETROIT 75
alternative, so were obliged to make the best
of our way. I believe we took very few steps
for neither of us had our shoes burnt through.
The weather was now so fine that we ven
tured to sleep out, and I liked it so well that
I regretted we had ever gone into a house — it
is the pleasantest vagabond life you can
imagine. We stopt before sunset when a
large fire was instantly made and Tea etc.
prepared. While we were taking it the Men
erected a tent ; the sails of the Boats served
for the Top, with Blankets fastened round
the sides ; in a few minutes they made a
place large enough to spread all our Beds in,
where we slept with as much comfort as I
ever did in any chamber in my life. It was
our own faults if we did not chuse a fine
situation to encamp. You can scarcely con
ceive a more beautiful scene than was one
night exhibited ; the men had piled up
Boughs of Trees for a Fire before our tent
'till they had made a noble Bon-fire. In the
course of the evening it spread more than half
a mile; the ground was cover'd with dry
leaves that burnt like so many lamps, with
the fire running up bushes and trees, the
whole represented the most beautiful illumi
nation you can possibly form an idea of. The

76 OLD PROVINCE TALES
children were all in extacies, running about
like so many Savages, and our Sailors were
encamped near enough for us to hear them
singing and laughing. We had heard, just
before we left Montreal, of his Majesty's re
covery, so, if you please, you may set down
all this as rejoicing on that account, tho' I
doubt whether it once occurr'd to our minds,
yet we are very loyal people. On the tenth
day we reach'd Kingston. It is a small new
Town and stands in a beautiful Bay at the
foot of Lake Ontario. The moment we
reached a wharf a number of people came down
to welcome us. A Gentleman in his hurry
to hand out the Ladies brushed one of the
Children into the lake ; he was instantly
taken out, but that did not save his Mother
from a severe fright. We went to the house
of a Mr Forsyth, a bachelor, who very politely
begg'd we would consider it our own. Here
we staid 3 days and then sail'd with a fair
wind for Niagara. At Kingston we were over
taken by two officers, one going to Niagara,
the other to Detroit. Mr Meredyth had been
introduced to us at Montreal ; Mr Suckling
was a stranger. They both express'd them
selves pleased with joining our party and
preferr'd the offer my Brother made them,

FROM MONTREAL TO DETROIT 77
to cross the Lake in a Vessel appointed for
him, to waiting for another where they would
be much less crowded. My Brother had also
given a package to another young man and
to Captn Harrow, who commands a ship on
Lake Erie. We were fifteen in a small Cabin
where there were only 4 births. When the
Beds were put down at night everyone re
mained in the spot they had taken for there
was no moving but by general consent. One
night after we were all laid down and began
to be composed, Mrs P. saw one of the maids
standing where she had made the childrens'
Bed, and asked her why she staid there. The
poor girl, who speaks indifferent English,
answer'd, " I am quazed, Ma'am." Sure enough
she was wedged in beyond a possibility of
getting out without assistance. I heard a
laugh amongst the gentlemen, who were
divided from us by a Blanket partition. I
suppose they were quazed too. Lake Ontario
is 200 miles over ; we were four days cross
ing it. We were certainly a very good
humor'd set of people for no one complained
or seem'd rejoiced to arrive at Niagara. The
Fort is by no means pleasantly situated ; it
is built close upon the Lake which gains upon
it so fast that in a few years more they must

78 OLD PROVINCE TALES
be overflowed. There, however, we pass'd
some days very agreeably at the house of
a Mr Hamilton,3 a sensible, worthy and agree
able man. Mrs H. is an amiable sweet little
woman ; I regretted very much she did not
live at Detroit instead of Niagara. We re
ceived the most polite attention from Col1
Hunter, the commanding Officer, and all his
Officers Lord Edwd Fitzgerald 4 had been
some time at Niagara before us, and was
making excursions amongst the Indians, of
whose society he seems particularly fond.
Joseph Brant,5 a celebrated Indian chief lives
in that neighborhood. Ld Edward had spent
some days at his house and seemed charmed
with his visit. Brant return'd to Niagara
with his Lord?. He was the first, and indeed,
the only Savage I ever dined at Table with.
As the party was very large he was at too
great a distance for me to hear him converse,
and I was by no means pleased with his looks.
These people pay great reverence to rank !
with them it is only obtained by merit. They
attended Ld Edward from the house of one
Chief to that of another and entertain'd him
with dancing, which is the greatest compli
ment they can pay. Short as our stay was
at Niagara we made so many agreeable

FROM MONTREAL TO DETROIT 79
acquaintances we were sorry to leave them.
Several gentlemen offer'd to escort us to Fort
Erie, which made the journey very chearful.
Mr Hamilton, Mr Humphreys, of the Engineers,
Mr Robertson of the 60th and Mr Meredyth,
with Capt" Harrow, Mr Smith and my Brother
went in the Boat with us to the Landing
which is 8 miles from the Fort. There the
River becomes impassable, and all the baggage
is drawn up a steep Hill in a Cradle, a Machine
I never saw before. We walked up the Hill
and were conducted to a good garden with
an Arbour in it, where we found a Cloth laid
for dinner, which was provided for us by the
Officers of the Post. After dinner we were
to get into Fort Slosher, 7 miles, by any
means we could. Two Calashes were pro
cured, in one of them my Brother drove my
sister and Mr Humphreys me in the other.
Mr M. got a horse and the rest of the gentle
men made use of their feet. The road was
good and the weather delightful, our ride
would have been charming only the horses
were so bad, they could hardly crawl. I
never breathe freely when a horse seems tired ;
I always feel as if I was committing a crime
in riding it. Mr H., who is a humane man,
gave up the point of whipping the poor Devil

80 OLD PROVINCE TALES
on out of respect to Captn Watson, to whom
the horse had once belonged, a circumstance
that increased my compunction, for all men
living, W. is the most compassionate and in
the condition the Animal was would as soon
have attempted to carry as to ride him. It was
not to be borne, so we took one of the horses
from the Cart the children and servants were
in, and made the best of our way after the
rest of the party. The afternoon was wear
ing away, and this was the only opportunity
we should have of seeing the Falls. All our
party collected about half a mile above the
Falls, and walked down to them. I was in
raptures all the way ; the Falls I had heard
of for ever but no one had ever mentioned
the Rapids. For half a mile the River comes
pouring down over immense Rocks, some of
them forming cascades 30 or 40 feet high ;
the Banks are cover'd with wood as are a
number of Islands, some of them very high
out of the Water. One in the centre- of the
River runs out into a point and seems to
divide the Fall, which would otherwise be
quite across the River, into the form of a
Crescent. I believe no mind can form an
idea of the immensity of the Body of Water
or the rapidity with which it hurries down ;

FROM MONTREAL TO DETROIT 81
of the height you may, which is 180 feet.
The water loses all appearance of a liquid
long before it reaches the bottom, and the
spray rises like light summer clouds ; when
the rays of the sun are refracted they form
innumerable Rainbows, but the Sun was
not in a situation to show this effect when
we were there. One thing I could get no
one to explain to me, which is, the stillness
of the river at the bottom of the Fall ; it is
smooth as a lake for half a mile, deep and
narrow, the banks very high, with trees hang
ing over them. I was never before sensible
of the full power of scenery, nor did I suppose
the eye could carry to the mind such strong
emotions of pleasure, wonder and solemnity.
For a time every other impression was erased
from my memory. Had I been left to myself
I am convinced I should not have thought of
moving whilst there was light to distinguish
objects. With reluctance I at last attended
to the proposal of going on, determining,
however, in my own mind, that when I re-
turnd I would be mistress of my time and
stay here a day or two at least. As Fort
Slosher was only at the distance of a pleasant
walk, we all chose to go on foot. We were
received there by Mr Foster of the 6oth, one
O.P.T. :u.c. F

82 OLD PROVINCE TALES
of the most elegant young men I ever saw.
Here we were extremely well accommodated,
and much pleased with the house and gardens.
I never saw a situation where retirement wore
so many charms. ¦ The next day we went in
a Batteau to Fort Erie. When we arrived
there we found the Commanding Officer, Mr
Boyd, was gone in a party with Ld Edward
and Mr Brisbane to the other side of the
River where the Indians were holding a
Council. The Gentlemen all returned in the
evens and seemd so much pleased with their
entertainment, that when they proposed our
going over with them the next day we very
readily agreed to it. I thought it a peculiar
piece of good fortune having an opportunity
of seeing a number of the most respectable
of these people collected together. We
reachd the spot before the Council was met,
and as we went to it passd several of the
Chiefs at their toilets. They sat upon the
ground with the most profound gravity,
dressing themselves by a small Looking-glass,
for they are very exact in fixing on their
ornaments, and not a little whimsical. I am
told that one of these fellows will be an hour
or two painting his face and when anyone
else would think it sufficiently horrible some

FROM MONTREAL TO DETROIT 83
new conceit will strike him ; he will rub it all
off and begin again. The women dress with
more simplicity, at least all I have seen, but
at this meeting there were not many of the
fair sex, only some old Squaws who sat in
Council, and a few young ones to dress their
provisions ; for these great men, like those
of our world, like to regale themselves with
a good dinner after spending their lungs for
the good of their country. Some women we
saw employd in taking small Fry out of the
River in a Basket. A gentn of our party
took the Basket from one of them, and
attempted to take the fish as she did, but
failing, they laughed so heartily at his want
of dexterity. One young Squaw sat in a
tent weaving a kind of worsted garters inter
mixed with Beads. I suppose she was a
Lady of distinction, for her ears were bored
in four different places with earrings in them
all. She would not speak English but seemd
to understand what we said to her. A gentn
introduced Mrs P. and me to her as White
Squaws, begging she would go on with her
work as we wish'd to see how it was done.
She compl'd immediately with great dignity,
taking no more notice of us than if we were
Posts, a proof of her good breeding. We

84 OLD PROVINCE TALES
then went up a steep Bank to a very beautiful
spot ; the tall Trees were in full leaf and the
ground was cover'd with wild flowers. We
were seated on a Log in the centre where we
could see all that pass'd.
1 Upwards of 200 Chiefs soon assembled
and seated in proper order. They were the
delegates of Six Nations. Each Tribe formed
a Circle under the shade of a Tree, their
faces towards each other ; they never changed
their places but sat or lay on the grass as
they liked. The Speaker of each Tribe stood
with his back against the tree. The old
women walk'd one by one with great solemnity
and seated themselves behind the men. They
were wholly cover'd with their blankets and
sought not by the effect of ornaments either
to attract or frighten the other sex, for I
cannot determine whether the men mean to
make themselves charming or horrible by
the pains they take with their persons. On
seeing this respectable band of Matrons I was
struck with the different opinions of mankind,
in England, when a man grows infirm and
his talents are obscured by age, the Wits
decide upon his character by calling him ' an
old woman,' on the banks of Lake Erie a
woman becomes respectable as she grows old,

FROM MONTREAL TO DETROIT 85
and I suppose the best compliment you can
pay a young Hero is saying he is as wise as
an old woman, a good trait of savage under
standing. These ladies preserve a modest
silence in the debates (I fear they are not like
the women of other Countries) but nothing is
determined without their advice and appro-*
bation. I was very much struck with the
figures of these Indians as they approach'd
us. They are remarkably tall and finely
made and walk with a degree of grace and
dignity that you can have no idea of. I
declare our Beaus look'd quite insignificant
by them. One man call'd to mind some of
Homer's finest heroes. One of the gentle
men told me he was a chief of great distinc
tion, but he spoke English, and if I pleased
he should be introduced to me.6 I had some
curiosity to see how a Chief of the Six Nations
would pay his Compliments, but little expected
the elegance with which he address'd me.
The Prince of Wales does not bow with more
grace than Captain David ; he spoke English
with propriety and return'd all the compli
ments that were paid him with ease and
politeness. As he was not only the hand
somest but best drest man I saw, I will endea
vour to describe him. His person is tall and

86 OLD PROVINCE TALES
fine as it is possible to imagine, his features
regular and handsome, with a countenance
of much softness, his complexion not dis
agreeably dark, and I really believe he washes
his face, as it appear'd perfectly clean without
paint. His hair was all shaved off except a
little on the top of his head to fasten his orna
ments to ; the head and ears painted a bright
glowing red ; round his features was fastened
a fillet of highly polished and ornamented
silver; from the left Temple hung two long
straps of black velvet, covered with silver,
beads and broches ; on the top of his head
was fixed a long white Fox-tail feather,
which bow'd to the wind as did a black one
in each ear ; a pair of immense earrings that
hung below his shoulders completed his head
dress which I assure you was not unbecoming,
tho' I must confess, somewhat fantastical.
His dress was a shirt of color'd calico, the
neck and shoulders cover'd with silver broches,
placed so thick as to have the appearance of
a very rich net ; his sleeves much like those
that Ladies wore when I left England, fastened
about the Arm with a broad bracelet of silver,
highly polish'd and engraved with the Arms
of England ; four smaller bracelets of the
same kind about his wrists and arms ; round

FROM MONTREAL TO DETROIT 87
his waist was fixed a large Scarf of a very
dark colored stuff lined with scarlet, which
fell almost to his knees. One part of it he
generally drew over his left arm, which had
a very graceful effect when he moved ; his
Legs were cover'd with blue cloth made to fit
neatly with an ornamented garter bound
below the knee. I know not what kind of a
Being your imagination will represent to you,
but I sincerely declare that, alltogether, Capt11
David made the finest appearance I ever saw
in my life. Do not suppose they were all
dress'd in the same taste ; their clothes are
not all cut to the same pattern like the
Beaus of England, every Indian dresses
according to his own fancy, and you see no
two alike ; their faces are differently painted ;
some of them wear their hair cut in a strange
manner ; others shave it entirely off. One
old man diverted me extremely ; he was
drest in a Scarlet Coat, richly embroider'd,
that must have been made at least half a
century, with a waistcoat of the same that
reach'd half way down his thighs ; no Shirt
or Breeches, but blue cloth Stockings. As
he strolled about more than the rest, I con
clude he was particularly pleased with him
self. They told me he was a Chief of dis-

88 OLD PROVINCE TALES
tinction. We only staid to hear two speakers.
They spoke with great gravity and no action,
making frequently long pauses for a hum of
applause. Lord Edward, Mr Brisbane and
Mr Meredyth remained with them all night
and were entertained with Dancing, an amuse
ment not calculated for women to see. We
were detained several days in Niagara by a
contrary wind. On the 4th of June, when
we were drinking the King's health, like good
and loyal subjects, the wind changed, and
we were hurried on board. We were better
accommodated than when we cross'd Lake
Ontario, for the weather was so fine that the
gentn all slept upon deck. Lake Erie is
280 miles over. We were five days on our
passage. The River Detroit divides Lake
Erie from Lake Sinclair, which is again
divided by a small river from Lake Huron.
The Head of Lake Erie and the entrance into
the River Detroit is uncommonly beautiful.
Whilst we were sailing up the river a perverse
Storm of rain and thunder drove us all into
the Cabin, and gave us a thorough wetting
afterwards when we went on shore.
' The Fort lies about half way up the River,
which is 18 Miles in length. In drawing the
lines between the British and American pos-

FROM MONTREAL TO DETROIT 89
sessions the Fort was left within their lines.
A new Town 7 is now to be built on the other
side of the river where the Courts are held,
and where my Brother must of course reside.
As soon as our vessel anchored several gentle
men came on board ; they had agreed upon
a House for us, till my Brother could meet
with one that would suit him. So we found
ourselves at home immediately. We were
several weeks at the Fort which gave us an
opportunity of making a little acquaintance
with the inhabitants. The Ladies visited us
in full dress tho' the weather was boiling hot.
What do you think of walking about when
the Thermometer is above 90 ? It was as
high as 96 the morning we were returning
our visits. Mrs P. and I spent the chief
part of our time in our Chamber with no
other covering than a Slip and underpetti-
coat. We found all the people extremely
civil and obliging. In point of society we
could not expect much ; it depends alto
gether on the Military, an agreeable Regi
ment makes the place gay. The 65th which
we found there on our arrival was a Corps
that would improve almost any Society.8 The
loss of it has made the place extremely flat
and sets the present Reg* in a disadvantageous

90 OLD PROVINCE TALES
light, which it cannot bear. While we staid
in the Fort several parties were made for us,
one very agreeable one by the 65th, to an
Island a little way up the River. Our party
was divided into five boats, one held the
music ; in each of the others were two Ladies
and as many gentlemen as it could hold.
Lord Edward and his friend arrived just time
enough to join us. They went round the
Lake by land to see some Indian settlements,
and were highly pleased with their jaunt.
Lord Edwd speaks in raptures of the Indian
hospitality. He told me one instance of it
which is so refined that it would reflect
honor on the most polish'd people. By some
means or other the gentlemen lost their pro
visions and were entirely without Bread in
a place where they could get none. Some
Indians travelling with them had one loaf
which they offer'd his Ld.ship, but he would
not accept it. The Indians gave them to
understand that they were used to do without
it and so it was of less consequence to them ;
the gentlemen still refused. The Indians then
disappear'd but left the loaf of bread in the
road where the travellers must pass and were
seen no more. Our party at the Island proved
very pleasant, which those kind of parties

FROM MONTREAL TO DETROIT 91
seldom do ; the day was fine, the company
chearful and the Band delightful. We walk'd
some time in a shady part of the Island, then
were led to a Bower where the Table was
spread for dinner. Everything here is on a
grand scale ; do not suppose we dined in a
little English arbour ; this was made of Forest
Trees ; they grew in a Circle and it was
closed by filling up the spaces with small
Trees and Bushes, which, being fresh cut,
you could not see where they were put together
and the Bower was the whole height of the
Trees, tho' closed quite to the top. The Band
was placed without and play'd while we were
at Dinner. We were hurried home in the even
ing by the appearance of a Thunder Storm.
It was the most beautiful sight I ever re
member to have seen. The Clouds were
collected about the setting sun and the forked
Lightning was darting in a thousand direc
tions from it. You can form no Idea from
anything you have seen of what the Light
ning is in this Country ; these Lakes, I
believe, are the nurseries of Thunder-Storms,
what you see are only stragglers that lose
their strength before they reach you. I had
the pleasure of being on the Water in one
and getting very completely wet. My Clothes

92 OLD PROVINCE TALES
were so heavy when I got out of the boat, I
could scarcely walk. We were a very large
company going up on what is commonly
called a party of pleasure. Most of the Ladies
were wet as myself. We could get no dry
clothes so were obliged to get our own dried
as well as we could. A pretty set of figures
we were when we met to dance, which, on
those occasions, is customary before dinner.
I had resolved against it for the day was very
warm, the party large and the room small. I
was prevail'd upon to alter my mind by their
assuring me that exercise would prevent my
feeling any ill effects from my wetting, and I
found it so.'
[The remainder of the manuscript is frag
mentary.]

NOTES TO CHAPTER V
1 Anne Powell was the eldest daughter of John Powell and
Janet Grant. This John Powell was the son of another John
Powell and Anne Dummer ; Janet Grant was the daughter of
Suetonius Grant of Rhode Island, and sister of Sir Alexander
Grant. See chapter ix post.
2 Isaac Winslow Clarke, born in 1748, was the son of Richard
Clarke, a leading merchant of Boston, Massachusetts, who, as
agent for the East India Company, was one of the consignees of
the tea thrown into the sea at the celebrated ' Boston Tea-Party,'

FROM MONTREAL TO DETROIT 93
December 1773. Isaac was a partner in his father's business :
both were Loyalists, and were accordingly obnoxious to the
stronger party. The father took refuge in England with his
son-in-law, John Singleton Copley, the celebrated painter and
father of Lord Lyndhurst ; he had married Susannah Farnum
Clarke, Richard Clarke's daughter, in 1769. The son, Isaac
Winslow Clarke, attempting to collect at Plymouth certain
debts owing the firm, was mobbed and narrowly escaped with
his life. He joined his father in England, where he remained
for a short time, and then was appointed to the Commissariat
Department in Canada. He was an officer of indefatigable zeal,
and thoroughly reliable ; his services during the War of 1812-14
were invaluable if unpretentious. He died at sea on his way to
England in 1824, having then the rank of Deputy Commissary
General — leaving one son, for many years private secretary to
his cousin Lord Lyndhurst, and two daughters, one of whom
married Hon. Charles R. Ogden, at one time attorney-general
of Lower Canada, and afterwards attorney-general of the Isle
of Man (a victim to his own enthusiastic loyalty during the
Papineau troubles); the other daughter married William F. Coffin,
historian of the War of 1812.
3 Robert Hamilton, who in July 1792 became a legislative
councillor in the new province of Upper Canada. During all
his long life he was a man of great influence and usefulness.
He did not always see eye to eye with Simcoe, who did not
hesitate to call him a Republican (putting Hon. Richard Cart
wright in the same category), but there is nothing in his life
indicating that he deserved this epithet— at that time rather
blacker than ' murderer.'
4 Lord Edward Fitzgerald was one of the seventeen children
of James Fitzgerald, first Duke of Leinster, and was born in
1763. He joined the army and made some reputation for military
skill and more for bravery. He was fond of the North American
Indian, and was made a chief of the Bear tribe at Detroit. He
went down the Mississippi to New Orleans, and being refused
admission to Mexico, returned to Ireland. The French Revolu-

94 OLD PROVINCE TALES
tion aroused his enthusiasm, and he was cashiered for taking
part in a revolutionary banquet. This dismissal, coupled with
other causes, made him a conspirator. He joined the United
Irishmen and refused again to be a candidate for Parliament.
He was a prominent leader in the Rebellion of '98, was appre
hended the following year, and shortly afterwards died in prison
of a wound received at the time of his capture. His wife,
Pamela, is variously said to have been a native of Newfound
land, and the daughter of Egalite, Duke of Orleans, and
Madame de Genlis.
5 Joseph Brant (Thayendanegea), a Mohawk Indian born on
the banks of the Ohio about 1742 when his parents were on a
hunting expedition, their home being at the Canajoharie Castle.
His father dying when Joseph was young, his mother married
an Indian whose Christian name was Barnet or Bernard con
tracted to Brandt or Brant. Joseph took this name, which
was spelled both ways, but the usual and correct spelling is
' Brant.' He was sent to a school at Lebanon, Conn, (the original of
Dartmouth College) by Sir William Johnson and became a
devout Christian. He took an active part in the Revolutionary
War. Campbell's calumny of him in ' Gertrude of Wyoming,'
•the monster Brant,' was conclusively disproved and Campbell
apologized most handsomely for his mistake — but Brant did lead
his Indians in some incursions of less note, and was not wholly
destitute of the sternness of the Red Man.
He came to Canada a leader of the Six Nations, and continued
to the end of his life to be a devoted adherent to British rule — a
myth (not yet dead) to the contrary among certain Americans
notwithstanding. He visited England in 1786 and was received with great
distinction. He died in 1807.
A very full account of his life has been written by Col. William
L. Stone, a work readily available (see next note). Much
inaccuracy has been exhibited by some Canadian writers, e.g. he
is made a hereditary chief, which he was not ; he is represented
as fighting in the War of 1812, which, indeed, his son did, etc.

FROM MONTREAL TO DETROIT 95
etc. Brantford is called after him. His sister Molly was Sir
William Johnson's ' Indian wife,' and bore him many children.
6 This chief was perhaps Red Jacket, Yau-go-ya-wat-haw or
Sage-ye-wal-ha, no firm friend of the British; he is said by
Stone in his Life of Joseph Brant, New York, 1838, vol. ii, p. 41,
to have been ' not a chief by birth, but had made himself such
by his cunning. He was artful, eloquent and ambitious.' By
availing himself of the superstitions of his people he became a
chief of the Senecas. ' Brant always on all suitable occasions
pronounced him a coward— the greatest coward of his race. He
used to say that Red Jacket was always valiant for fight with
his tongue ; but that although by his eloquence he persuaded
many warriors to fight, he was ever careful not to get into
personal danger himself, . . . that having sent others upon the
war path, he would turn to and steal and kill their cows for his
own use.' His temporarily successful intrigue later on and
during the time of war to displace Joseph Brant from his leader
ship of the Six Nations is well known.
7 This was to be at L'Assomption (now Sandwich) ; but
Powell resided at Detroit until he was made, in July 1794, a
justice of the newly created Court of King's Bench. He then
removed to Newark (Niagara), and later on to York (Toronto),
where he died in 1834.
8 British troops occupied Detroit till 1796, when they withdrew
under the provisions of Jay's Treaty of 1794,

CHAPTER VI
DUELLING
Our predecessors in this province kept up the
customs of the countries from which they
came; and in all of these the duel was an
' institution.' Absurd as the custom now
seems to us, until three-quarters of a century
ago no gentleman was sure of being able to
escape mortal combat — the code of honour
was long as binding on all with any preten
sions to gentility as it is now in Prussian
army circles.
The duel never was lawful in Upper Canada ;
but that did not prevent its prevalence ; to
break the law against duelling was as venial
an offence as is now fishing out of season ; and
not to fight a duel when the code demanded
it, meant disgrace quite as deep and as last
ing as being caught cheating at cards.
The civil law of England was formally in
troduced into Upper Canada in 1792 ; 1 the
criminal law of England had always been in
96

DUELLING 97
force in all Canada from the time of the
Conquest in 1759-60. By the law of England,
and therefore of Canada, a deliberate duel
was unlawful — as Blackstone sententiously
puts it : ' where both parties meet avowedly
with an intent to murder, thinking it their
duty as gentlemen, and claiming as their
right to wanton with their own lives and
those of their fellow creatures, without any
warrant or authority from any power either
divine or human, but in direct contradiction
to the laws of God and man . . . the law has
justly fixed the crime and punishment of
murder on them and on their seconds also.'
And such was the law laid down by Sir Matthew
Hale, ' as correct, as learned and as humane
a judge as ever graced a bench of justice.'
While this was undoubtedly the law, it was
in our early days not applied very vigorously.
There was the ' unwritten law ' that if the
duel was fair in all respects, the survivor and
seconds should not be convicted. Accord
ingly, although the law was always laid down
accurately by the presiding judge, the crown
counsel, if the duel was a fair one, never
pressed for a conviction ; and the jury knew
what was expected of them.
We have already spoken of one duel,2 that
O.P.T.IC.C. G

98 OLD PROVINCE TALES
in 1800 between Attorney-General John White
and Major John Small, where Gooderham and
Worts' Distillery now stands ; and shall have
occasion to speak of another, that in 18 12,
between Acting Attorney-General John Mac-
donell and Dr William Warren Baldwin,
treasurer of the Law Society of Upper Canada,
on the ' Island.' We shall here speak of
some others.
Early on the morning of October 10, 1806,
William Weekes and William Dickson, both
prominent lawyers, met behind a bastion of
old Fort Niagara on the American side, and
Weekes received a pistol wound so severe
that he died the same evening. Weekes was
an Irishman who late in the eighteenth cen
tury came to New York, where he was a
student under the notorious Aaron Burr.
Making his way to York, Upper Canada, he
was called to the Bar in 1799,3 and at once
obtained a good practice. He joined the
well-known judge, Thorpe, in his opposition
to the Government of the day and was elected
a member of the House of Assembly. Mr
Justice Thorpe presiding at the Court of
Assize and Nisi Prius at Niagara (Newark),
Weekes in an address as counsel made a
vicious attack on the Government without

DUELLING 99
objection from the Bench — indeed, it seems
to have been expected by the judge that such
an inflammatory address would be made.4
Weekes was followed by Dickson, who made
as virulent an attack on Weekes as Weekes
had made on the Government. Nothing
came of this for a few days ; but Weekes and
the judge spent a night together in a neigh
bouring tavern, and they seem then and there
to have developed a plan for the humiliation
of Dickson. Weekes was a bachelor without
encumbrances ; Dickson had a wife and a
large family of small children ; he was more
over a canny Scot ; and the conspirators
thought he would decline a challenge. Accord
ingly a challenge was sent ; and somewhat
to Weekes's dismay it was promptly accepted,
with the result we have seen.
Weekes was buried at Niagara : the admini
stration of his very considerable estate was
one of the scandals of that early time and was
the occasion of one of the earliest private
Acts in the history of Upper Canada.
Dickson became a member of the Legis
lative Council and a man of considerable in
fluence in public affairs ; he is best known
from the part he played in the prosecution
i — and persecution — of Gourlay. Of course

ioo OLD PROVINCE TALES
Dickson was not prosecuted for his part in
the duel, the crime (?) not being committed in
Upper Canada.5
The next duel probably caused more stir at
the time, and afterwards, than any other
similar event in the early history of the
province.6 In 1815 Mr Samuel Peters Jarvis went
from York to Quebec with his youngest sister
to place her there in a boarding-school. At
the request of Mrs Thomas Ridout, her
mother, he also took along Miss Ridout, who
was to be placed at the same school. On arriv
ing at Quebec he called upon Miss Ridout's
brother, Mr Thomas G. Ridout, an officer in
the Commissariat Department, who took the
young girls under his protection ; Ridout was
to pay Miss Jarvis's accounts and draw upon
her brother for the amount. The following
year Mrs Ridout visited Quebec, and through
some misunderstanding came to think that
her son had been obliged to pay for Miss
Jarvis's -support without reimbursement by
Jarvis. She told this to some people and it
came to Jarvis's ears. Jarvis wrote to her
husband, who was surveyor-general of the
province, demanding a contradiction of the
story ; he handed the letter to his son George

DUELLING 101
(afterwards Treasurer of the Law Society),
who at once wrote to Jarvis, saying, ' for any
imaginary injury received from any part of
my family, I am ready to answer.' Jarvis
demanded an apology or ' meet me with your
friend Saturday morning next seven o'clock
at the Five Mile Meadow opposite Brown's
Point.' Ridout accepted ' the terms con
tained in the latter part of your letter if it
be possible to reach the appointed place
within the period limited.' Accident pre
vented this duel ; another meeting was
arranged ; but the Reverend Dr Strachan
(afterwards the first Anglican Bishop of
Toronto), a friend of both parties, succeeded
in bringing about an amicable settlement.
On November 16, 1816, both signed a docu
ment whereby Jarvis withdrew the letter to
the surveyor-general, the elder Ridout ; and
it was agreed that ' a letter shall be immedi
ately written to the Surveyor-General re
questing him to give complete contradiction
to the reports circulated by Mrs Ridout to
the prejudice of Mr Jarvis, which it is under
stood the Surveyor-General is to give.' This
was done, and the trouble blew over for the
time. The hard feelings between the families

102 OLD PROVINCE TALES
were not, however, abated. In the follow
ing year John Ridout, a student in the law
office of his brother George and not quite of
age, was conducting a lawsuit against Jarvis's
father, and Jarvis was trying to settle the
action. On one occasion Jarvis ordered
Ridout out of his office ; 7 a few days there
after the two men met in the street ; Ridout
struck Jarvis several times with a stick and
shattered the bones of his right hand. Jarvis
knocked him down with a blow from his left,
and the fight continued until the parties were
separated by Captain FitzGibbon 8 and Dr
Home.9 A few days afterwards Mr James
E. Small10 waited on Jarvis on behalf of
Ridout. Jarvis promptly accepted the chal
lenge, and at daylight next morning went
with his second, Mr Henry John Boulton,11
and met Ridout and his second, Small, at
Chief Justice Elmsley's barn, not far from the
north-west corner of Yonge Street and College
Street, Toronto. After waiting at the barn
until a shower was over, the principals were
placed eight yards apart ; it was agreed that
the signal should be ' one, two, three, fire,'
but that on no account was either party to
raise his pistol till the word ' fire.' Mr. Small
pronounced ' one,' and was in the act of pro-

DUELLING 103
nouncing ' two ' when Ridout raised his
pistol and fired at Jarvis ; Ridout then left
the ground in a direction away from Jarvis.
Whether the irregularity of premature fire
was due to nervousness (as is likely) or not,
Jarvis insisted to the end of his life that it
was a deliberate attempt at foul play. Ridout
was rebuked by his second and directed to
take his place. He said, ' Yes, I will, but
give me another pistol ' ; a loaded pistol was
given him, but after a conference between the
seconds, taken away later, as ' Jarvis was en
titled to his shot.' The second pronounced the
signal agreed upon and Jarvis fired. Ridout
fell, was carried into Chief Justice Elmsley's
barn, and there died in a very short time.
The pistols used on this occasion are in the
possession of ^Emilius Jarvis, Esq., of Toronto,
grandson of the surviving principal. They
are long and heavy, carry a large bullet, and
are most deadly weapons.
Jarvis was arrested the same day and taken
to prison, where he remained till the October
assizes at York. He was arraigned at York,
the attorney-general, D'Arcy Boulton, re
ceiving permission to retire from the case
as his son had been concerned in the matter
as second. The solicitor-general, John Bever-

104 OLD PROVINCE TALES
ley Robinson, was absent ; and the judge
himself examined the witnesses. The jury
found a verdict of ' not guilty ' after a few
minutes' consideration, although the charge
' was anything but indulgent to the prisoner
and was so considered by most of the persons
present in Court.' Small and Boulton, who
had been indicted as accessories, were present,
and as a matter of course discharged on
the verdict acquitting the principal being
pronounced. The unhappy mother whose unguarded
words were the beginning of the troubles
between the families — ' the beginning of strife
is as when one letteth out water ' — never
forgave either principal or second for her
son's death ; for years she used to wait after
the morning service at the door of St James'
Cathedral until Boulton came out, and would
then solemnly curse him for his part in what
she called the murder of her son.12
The other duel13 to be mentioned here
was fought in 1833 ; it is often, but inaccu
rately, called the last duel in Upper Canada.
About the time of the Jarvis-Ridout duel,
there came to the township of North Sher-
brooke (in Lanark county) a number of immi
grants generally called the ' Radical Settlers.'

DUELLING 105
One of them, poor but prominent and influ
ential, was Ebenezer Wilson, who had been a
mill-superintendent in Scotland. His eldest
son by a second marriage was John Wilson,
born in Scotland in 1809, and emigrating
with his father.
Young Wilson, when teaching a small
school, was brought to the attention of James
Boulton,14 a practising attorney in Perth, who
made him his student, took him into his
house, allowing him to pay for his board, etc.,
by teaching Boulton's little child. Another
student, Robert Lyon, who had been admitted
on the books of the Law Society a year earlier
than Wilson, was in the office of Mr Thomas
Maybee Radenhurst, also in practice in the
same town.
Bytown15 (now Ottawa) at that time was
small but of growing importance and had a
good deal of legal business. That part of the
country had not yet been set off as a District
and all the courts were held at Perth ; the
Perth lawyers mentioned had branch offices
in Bytown and occasionally sent their older
clerks to attend to them.
The two young men, Wilson and Lyon, were
together in Bytown in 1833, when one day
Lyon spoke disparagingly of a young lady 16

106 OLD PROVINCE TALES
of most estimable qualities and high char
acter who was a member of the household of
a Mr Ackland in Perth. Wilson informed
Mr Ackland of this statement in a letter ;
Ackland mentioned it to several persons, and it
came at length to the ears of another young
lady of whom Lyon was epris. This young
lady, on his return to Perth, treated Lyon
coolly, and at length told him what she had
heard. Lyon met Wilson, demanded an ex
planation ; and as Wilson was explaining
Lyon knocked him down, calling him a lying
scoundrel. On the advice of his friends and
much against his own inclination, Wilson
challenged Lyon. Wilson's second was Simon
F. Robertson, another law student and a
fellow-student of Lyon's ; Lyon's second was
a relative of his, Henry Le Lievre.
On the following day, June 13, 1833, the
parties met in a ploughed field on the right
bank of the river Tay under a large elm-tree,
a few feet beyond the dividing line of the
Districts. It was raining hard and both
missed on the first fire (though Lyon was said
to be a crack shot) ; and Wilson was ready,
indeed anxious, to allow the matter then to
rest. Le Lievre, however, insisted on another
shot. On the second exchange of shots Lyon

DUELLING 107
fell, mortally wounded, and died in a few
minutes on the ground. Le Lievre fled, never
returning ; but Wilson and Robertson gave
themselves up to the officers of the law. Le
Lievre was much the oldest of the party;
Lyon was not twenty and Wilson and Robert
son were but a few years older.
The duel had been fought in the Johnstown
District, though all parties resided in the
Bathurst District ; the two young men were
accordingly tried at the ensuing assizes at
Brockville in August 1833. At that time, and
until 1 84 1, those accused of felony were not
allowed to defend by counsel ; the young
law students defended themselves and were
acquitted. The presiding judge was Chief Justice
Robinson, whose notebook is preserved at
Osgoode Hall. It is noteworthy that it was
proposed to ask the first juror whether he had
expressed or did entertain opinions unfavour
able to the prisoners. The question was now
allowed ; our law does not permit such a
practice. It is very rarely that in our courts
it is even suggested, though the proceeding
is very common, indeed almost universal, in
many of the States of the Union.
The proceedings at the trial are a perfect

108 OLD PROVINCE TALES
example of the course taken in such cases —
the presiding judge allowing a mass of testi
mony to be given explaining the circum
stances out of which the duel had arisen, what
was said and done by each party, etc. etc.,
everything which would show that the
prisoner did not wantonly seek a duel; al
though he carefully notes (and no doubt said
at the time) that ' it is not evidence.'
At the trial it was proved that Wilson
detested duelling, but that on being knocked
down by the taller, heavier, and more power
ful Lyon, he felt himself bound to send a
challenge in order ' to maintain his standing
in society.' His master, James Boulton,
testified that Wilson was very sensitive as to
what was thought to be ' his humble origin '
— he was the son of a poor farmer — that con
sequently he ' felt it the more necessary to
be tenacious of his character and scrupulous
about preserving it from taint . . . than if he
had been of a higher walk ; he would have
risked all this and treated it with contempt.'
Several witnesses swore that, had Wilson not
challenged, he would have been exposed to be
contemptuously treated by his young com
panions and others — which gives us a vivid
view of society at that time. It seems to

DUELLING 109
have been arranged that Wilson should
' explain away the effect of his letter ' and
Lyon should apologize ; but apparently Lyon
subsequently refused to implement this
agreement. It is impossible not to recognize from the
evidence that Le Lievre was the real author
of the mischief. He had been very attentive
to the maligned young lady, but she had
given him his conge and received the addresses
of Wilson. When Lyon received the chal
lenge, he stated that he had said what he had
to Wilson, only to tease him, and had not sup
posed that he would take it seriously. He
had asked a Mr Muir to act as his second, but
Muir refused, and he took Le Lievre ; then
the meeting being postponed until the even
ing, Lyon refused to carry out the arrange
ment which had been made, and the parties
met about 6 p.m.
After the first exchange of shots, Dr Hamil
ton went forward to the seconds and desired
to bring about a reconciliation. Le Lievre
at once said a reconciliation was impossible.
Dr Hamilton then desired to speak with
Lyon, but Le Lievre said he could not until
the pistols were loaded. Notwithstanding
this, he spoke to both principals ; Wilson

no OLD PROVINCE TALES
seemed very desirous of settling, but Lyon
said it was impossible.17
The chief justice warned the jury against
being led away by their feelings. He then
defined with perfect legal accuracy the nature
of the offence charged and the criminality of
the duel, but he inserted the significant sen
tences : ' The practice of private combat has
its immediate origin in high example, even of
Kings. Juries have not been known to con
vict when all was fair,18 yielding to the prac
tices of Society . . . that sometimes no one
being present the fact could not be proved at
whose hands the party fell, ... at other
(times) they may have felt it difficult to infer
that malice aforethought essential to murder.'
He dealt with the facts of the duel and then
with the antecedent facts ' not as legal evi
dence but as the only palliative the prisoners
could offer and was usually heard.' After
congratulating the prisoners on being ' so
capable of defending themselves ' when they
were prevented by law from addressing the
jury by counsel, he added, ' Wilson was of
humble origin and saw his prospects blasted
if he submitted to the degradation and was
impelled by the usages of Society and the
slights he had partially felt or foresaw to

DUELLING in
adopt the only alternative which men of
honour thought open to him ... he to the
last relied upon an amicable adjustment and
went out determined not to fire at deceased
and did so at last in a state of nervousness.'
It is no great wonder that the jury took the
very broad hint and followed the example of
other juries who, finding ' all was fair,' re
fused to convict. The chief justice notes
that ' the jury was but a short time in
consultation.' Wilson subsequently married the young
lady, who was amiable and accomplished ;
not the faintest suspicion was ever breathed
against her except the jesting remark of
young Lyon made to tease his comrade and
not expected or intended to be taken seriously.
Wilson was called to the Bar in 1835, and
was at once sent by Boulton to conduct a
branch office in Niagara ; but in a very short
time he removed to London, where he obtained
a very large practice. After serving in the
Rebellion as captain of militia, he became a
member of the House of Assembly, and after
wards in 1863 was elected to the Legislative
Council. He did not take his seat in the
Council, as he was in that year appointed to
the Bench of the Court of Common Pleas as

112 OLD PROVINCE TALES
a puisne judge. He survived until 1869, never,
it is said, ceasing to deplore the unhappy fate
of his boyhood's friend, Lyon, and his own
part in it.
There have been many other duels in this
province, but none of the notoriety of those
which have been detailed ; and the particu
lars cannot now be obtained. For example,
the well-known Colonel John Prince (of Sand
wich, who on the capture of four Sympa
thizers in 1838 ' ordered them to be shot and
it was done accordingly ') was a noted duellist,
having several meetings to his credit. And
in the forties two medical men had a hostile
encounter at Bond Head, Upper Canada, Dr
Stewart, late of Kingston, being one of them
and Dr Mulock the other.19

NOTES TO CHAPTER VI
1 By the very first Act passed by the first parliament in Upper
Canada. 2 See chapter ii, p. 23 ante : chapter viii, p. 138 post.
8 He was the first to be called regularly to the Bar by the Law
Society of Upper Canada, having been a student at law when
the Law Society came into existence in 1797.
4 It was observed at the time that there were several persons
D9t accustomed to frequent the courts who were that day

DUELLING 113
accommodated with a seat beside the presiding judge on the
Bench. 5 Curiously enough, Weekes and Dickson were great friends :
in the early part of this year, March 5, 1806, Dickson was made
a 'bencher' or governor of the Law Society on the motion of
Weekes. They were, moreover, of the same stripe of politics,
Weekes being by far the more outspoken.
Dickson lived to take an active part in the War of 1812. He
was taken prisoner and sent to Greenbush, New York, but was
subsequently released on parole. When he was a prisoner of
war a charge was made against him of having murdered
Weekes, and an attempt was made to hold him on that charge.
It was, however, decided that he as a prisoner of war could not
be held on this criminal charge, in no way appertaining to
the war,
Dickson bought the township of Dumfries in 1816 for about a
dollar per acre. Born in Dumfries, Scotland, in 1769, he came
to Niagara in 1792. But he did not at once come into pro
minence ; it was only in 1815 that he was called to the Legislative
Council. Gourlay calls him a 'jumble brain,' but he was of good
business capacity, ' an enterprising Scotsman,' and he achieved
considerable wealth.
8 Most of the facts leading up to this duel appear in contem
porary manuscripts in the Toronto Public Library. Some, how
ever, of these, as well as the facts of the duel itself, are to be found
in a pamphlet published by Jarvis at the time of the prosecution
of Francis Collins in 1828.
7 Jarvis claimed that Ridout was unbearably offensive and
even insulting — there was no third party present, and we have
not Ridout's side of the story. No one, however, has ever
doubted Jarvis's integrity and sense of honour.
8 One of the heroes of the War of 1812-14, an Irishman who
died a ' Poor Knight of Windsor.' Many of his descendants
still live in Canada.
9 Robert Charles Home, an Englishman and a member of the
o.p.t.:o.c. h

114 OLD PROVINCE TALES
Royal College of Surgeons, was afl army surgeon in the War of
1812-14. When his regiment, the Glengarry Light Infantry,
disbanded at the close of the war, he came to York (Toronto).
It is not quite certain whether he engaged in general practice,
but he was made surgeon of the North York Militia. He was
appointed a member of the Upper Canada Medical Board to
examine candidates for licence to practise medicine. At different
times he was editor and publisher of the Upper Canada Gazette,
King's Printer, and cashier of the Bank of Upper Canada. A
strong Tory, his house was burned by the Radicals in the short
lived Rebellion of 1837-38. He died in 1845.
10 Son of Major John Small, and afterwards Treasurer of the
Law Society of Upper Canada.
11 Afterwards solicitor-general of Upper Canada, and chief
justice of Newfoundland. He was a son of Attorney-General
(afterwards Mr Justice) Boulton.
12 This information I owe to Sir Glenholme Falconbridge,
chief justice ofthe King's Bench.
13 Many myths have arisen about the Wilson-Lyon duel ; the
present account is largely derived from the chief justice's notes
(still preserved at Osgoode Hall) of the trial of Wilson and
Robertson, indicted for murder. Several other sources of un
questionable reliability have been made use of, and it is believed
that the accuracy of the account here given can be depended on.
14 Boulton was a man of some prominence in the profession ;
he afterwards removed from Perth to Niagara, where he
practised for so/ne time.
15 Called after Colonel By, the British engineer, who built the
Rideau Canal from Ottawa to Kingston.
16 She was Miss Elizabeth Hughes, the daughter of the
Rev. David H. Hughes, a Unitarian minister, at one time
headmaster of a classical and mathematical school at Kings-
bridge, Devon, England, and afterwards pastor in charge of
Vicarage St Chapel, Yeovil, Somerset. He came with his
children, Elizabeth and David John, to Canada in 1832, and

DUELLING 115
died of cholera at Coteau, on his way to the Perth settlement.
Mr Gideon Ackland, with whom the Hughes family were
acquainted, and whose wife kept a school in Perth, took the
orphans into his home in that town. Ackland was then a law
student; he was admitted an attorney 1836, and was called to
the Bar 1837 ; he later practised in St Thomas. Miss Hughes
became a teacher in Mrs Ackland's school in Perth. The boy,
who was only twelve, was adopted by Ackland, and after
working for a time as ' Printer's Devil ' he studied law under
Wilson (then become his brother-in-law), was admitted and
called 1842. After a successful practice he became judge of
the County Court of the County of Elgin, at St Thomas, in
1853 : retiring in 1903 after half a century of faithful service, he
lived in honour until his death, April 14, 1915.
According to the recollection of Mr Cromwell, who was an
inmate of Ebenezer Wilson's house in 1833, and wno nas reduced
his recollection to writing (now in the Dominion Archives), John
Wilson was at the time engaged to another young lady. How
ever that may be, he afterwards married Miss Hughes, and she
survived him, dying in Toronto in 1904.
17 While it is certain that the fatal result of this duel was due
to Le Lievre, he acted strictly according to rule.
In the code settled by the Gentlemen Delegates of Tipperary,
Galway, Mayo, Sligo, and Roscommon at the Clonmell Summer
Assizes, 1775, generally agreed to and followed throughout
Ireland and in substance elsewhere, Rule 5 reads as follows :
'As a blow is strictly prohibited under any circumstances
amongst gentlemen, no verbal apology can be received for such
an insult : the alternatives therefore are— first the offender
handing a cane to the injured party, to be used on his own
person, at the same time begging pardon ; second, firing on
until one or both are disabled ; or thirdly, exchanging three
shots, and then asking pardon, without the proffer of the cane.'
Lyon had not, of course, taken the first alternative, and the
firing must necessarily proceed, if the code was to be adhered to.
See Personal Sketches of His Own Times, by Sir Jonah
Barrington, 1830, vol. ii, pp. 16, 17.

n6 OLD PROVINCE TALES
18 This reminds one of the charge of Chief Justice Fletcher of
the Court of Common Pleas of Ireland, when, in the second
decade of the nineteenth century, he presided over the trial of one
Fenton for the murder of Major Hillas, whom he had killed in a
duel : ' Gentlemen, it is my business to lay down the law to you,
and I will. The law says the killing a man in a duel is murder,
and I am bound to tell you it is murder ; therefore in the dis
charge of my duty, I tell you so ; but I tell you at the same time,
a fairer duel than this, I never heard of in the whole coorse of
my life.'
18 In the diary of the late Rev. Dr Henry Scad ding, under
date May 23, 1838, is the following : ' May 23. A gloom
thrown over everyone by the intelligence of the death of the well
known and much beloved Major Wade [Warde] ofthe Royal Regt.
at Montreal. He was shot dead in a duel with one Sweeney, a
volunteer officer. The affair arose from some silly altercation
at a party the evening before. When will fools cease from
folly?' (Transactions of the Women's Canadian Historical
Society of Toronto, No. 6 (1906), p. 20.)

CHAPTER VII
THE TRAGEDY OF THE 'SPEEDY'
In the early part of the last century there
were living in York two young men, Aikens
Moody Farewell and his brother William.1
They were born in Connecticut and had come
with their mother, a widow, to Niagara. There
she married a sergeant in the Queen's Rangers,
and the family removed to York, when the
capital was changed from Newark to that
place. In 1804 the two young men paddled along
the north shore of the lake to the bay east of
the present OshaWa Harbour, arid there pur
chased several hundreds of acres of land. But
farming in those days was by no means so
lucrative as at present ; the market was con
stricted, and export difficult and uncertain.
Accordingly, the Farewells embarked in the
trade in which there was no such thing as a
limited market : the supply was uncertain,
but Europe ever called for more and more
117

118 OLD PROVINCE TALES
furs. The Mississauga Indians roamed that
part of the province north of Lake Ontario ;
and from the extreme northern limit of the
province to an undefined line running sub
stantially parallel with but removed some
distance north of Lake Ontario, was the Missis
sauga territory. For example, Simcoe, in
his proclamation dividing the province into
counties, made the boundary of some of
them ' the southern boundary of a tract of
land belonging to the Mississague Indians.'
The Indians did indeed roam over the land
down to the lake, and sometimes brought
their furs to the front ; but the wise trader
went to them and did not wait for them to
come to him.
The Farewells formed a trading camp on
Washburne Island in Lake Scugog. One day
in 1804 they paddled down the lake from
their camp to inform the Indians that they
had come to trade, leaving their servant,
John Sharp, behind in charge of the camp.
On their return they found Sharp dead, with
his head battered in, and their goods had dis
appeared. They buried the corpse and fol
lowed the trail, which they found : on their
way to the lake they were informed by a
settler that he had heard a Mississauga named

THE TRAGEDY OF THE SPEEDY 119
Ogetonecut boasting of the way he had killed
the white man. Ogetonecut's brother, Whist
ling Duck, had been killed by a white man,
one Cozens, a short time before, and Ogetone
cut killed the first white man he could.2 The
Farewells followed the trail to what is now
' the Island ' (but was then a peninsula) op
posite Toronto, where they found a camp of
Mississaugas. They had Ogetonecut arrested.
The Indians at first appeared to be about to
offer resistance, but the chief ordered the pris
oner to go with the white men.
He was placed in the Home District gaol
in York — ' a squat unpainted wooden build
ing with hipped roof concealed from persons
passing in the street by a tall cedar stockade,' 3
standing on the south side of King Street a
little east of Yonge Street.
Then the question arose where he was to be
tried. Dorchester in 1788 divided the territory
afterwards Upper Canada into four Districts,
one of which, Nassau, extended from the
river Trent to Long Point on Lake Erie.
This the parliament of Upper Canada in
1792 named the Home District. But in 1798,
parliament, by an Act which received the
royal assent January 1, 1800, divided up this

120 OLD PROVINCE TALES
enormous District, forming two Districts, one
of which retained the name of ' Home
District,' and consisted of the counties of
York, Simcoe, Northumberland, and Durham.
Had that District remained unchanged there
would have been no difficulty. A prisoner
had to be tried in the District in which his
crime was said to have been committed ; and
the town of York, being in the county of York,
was then in the same District as Lake Scugog.
But the same statute provided that as soon
as Northumberland and Durham could make
it appear that they had a thousand inhabitants
they might be set off by themselves into a
new and separate District, to be called the
Newcastle District. This they did before
many years elapsed, and they were in 1802
separated from the rest of the Home District
in a new District, the Newcastle District.
Northumberland at that time included
everything to the north of the present Nor
thumberland as far as the Mississauga
country : Durham was in the same case.
There being no settlers in the rear of Durham
or in what is now Victoria, the precise loca
tion of the western line of the rear of Durham
county was not known. By the Proclama
tion of Simcoe, 1792, Durham was bounded

THE TRAGEDY OF THE SPEEDY 121
on the west by a line running north sixteen
degrees west from the ' westernmost point of
Long Beach.' To the west of that line was
the county of York, the present county of
Ontario 4 not being in existence.
It was necessary to run the line : Major
Wilmot did so, and it was found that the
place where Sharp was murdered was in
Durham county and therefore in the New
castle, not the Home, District. The prisoner
could not be tried at York, but must be sent
for trial to the other District.
When the legislature authorized the forma
tion of the Newcastle District, it directed by
the same statute that a gaol and court-house
should be erected for the District in some fit
and convenient place within the town of
Newcastle. This was not the present New
castle in the county of Durham, but a piece
of land laid out on Presqu'isle Point (near
the present Brighton). This town of New
castle was of some importance for a time ; it
had court-house, gaol, warehouse, dockyard,
harbour, etc. etc., and as late as the War of
18 12 it had considerable shipping trade. At
the present time there is' nothing to indicate
that a town had ever been there. To get
from York to Newcastle one might take the

122 OLD PROVINCE TALES
Danforth road, built a few years before this
by Asa Danforth, an American ; but already
on this road some of the bridges were gone,
unable to stand the spring freshets with their
ice. In many places the highway had not
been cleared of stumps, and even timber was
to be found here and there. Nevertheless,
faute de mieux, men went to and fro on horse
back on this road ; it was not yet the time
for carriages, and no Canadian ever walked
when he could ride. The broad waters of the
lake offered another means of passage — by
schooner : no steamboats had yet replaced
the primitive sailing vessel.
Two lawyers of prominence had arranged
to ride together to the assize town, William
Weekes5 and Robert Isaac Dey Gray, the
young solicitor-general ; but the judge was
fond of Gray, and persuaded him to go by
schooner with him. The Provincial Marine
boasted a schooner called the Speedy, Captain
Paxton, and she was ordered by the govern
ment to take the judge (Mr Justice Cochrane)
and the prisoner to the assize town. The
captain objected,6 saying that the Speedy was
not seaworthy ; but the authorities did not
listen to his protest. Accordingly, Sunday
evening, October 7, 1804, the ill-fated boat

THE TRAGEDY OF THE SPEEDY 123
set sail, having on board Mr Justice Cochrane,
Solicitor-General Gray, Mr Angus Macdonell
(a prominent member of the Bar, who had
been clerk of the Legislative Assembly, and
was at this time member for the constituency
of Durham, Simcoe and the East Riding of
York) ; John Anderson,7 a student at law of
but a year's standing ; John Fisk, the high
constable of York ; two interpreters, George
Cowan and James Ruggles ; John Stegman, a
surveyor ; Mr Jacob Herchmer, a York mer
chant ; the Indian prisoner, and possibly (but
not certainly) some of the witnesses.
The schooner put in at Oshawa and took
on board some Indian witnesses. The two
Farewells and Elias Lockwood (the settler
who had heard the Indian boast of his deed)
were also to take the Speedy opposite Port
Oshawa ; but after waiting for a time for
her arrival and finding the wind favourable,
they raised a sail on their birch-bark canoe
and sailed for Newcastle. They had almost
reached Presqu'isle when they were over
taken by the schooner ; but they did not
board her, as they had business at the Carry
ing Place (Consecon). A fearful storm sprang
up ; the three men in the canoe were almost
lost, but at length reached the shore. The

124 OLD PROVINCE TALES
schooner was never seen again : nothing
from her ever came to land except possibly
a hen-coop and a water-barrel, and there is
doubt even as to that. ' Commission day ' 8
came at the assizes, but the judge not arriv
ing, the court was adjourned, and the next
day and the next, for over a week. At length
even that hope which hopes against hope was
extinguished and the court held no session.
The story9 is still believed by the older
residents of the neighbourhood of Presqu'isle
that in the early part of the year the lake
captain, who was in charge of the court-house
and gaol at Newcastle, Captain Selleck, dis
covered a rock off the coast, just below the
surface of the water, which he had never
seen before ; that he drew the attention to
it of Captain Paxton next time the Speedy
arrived at Newcastle ; that the two examined
and measured the rock, finding it some forty
feet in diameter, and rising sheer in a depth
of fifty fathoms ; and that Paxton assured
Selleck that on his arrival at Niagara he
would report the discovery, so as to have the
charts amended and all mariners warned.
The story is that after the loss of the Speedy,
Captain Selleck and others tried to find the
rock, but that after a most diligent search,

THE TRAGEDY OF THE SPEEDY 125
continuing more than one day, no rock could
be found ; and it is certain that no such rock
has been seen at any subsequent time to this
day. It was thought to have been a large
boulder loose at the bottom, that the Speedy
struck it and that it rolled over, taking the
schooner with it. No record exists of any
report being made by Paxton of the rock.
There is no contemporary record of anything
of the kind, and it is probable that the story
of the mysterious rock is a myth. It sounds
like a story to tell to the Marines, but any one
is at liberty to believe it who sees fit to do so.
About ten years ago a human skeleton
was found by some campers on Washburne
Island ; from the position in which they were
found, it is believed that the bones were those
of John Sharp, murdered by the Indians.10
Mr Justice Cochrane was of Nova Scotian
birth, son of the speaker of the House of
Assembly, and called to the Bar at Lincoln's
Inn. He became chief justice of Prince
Edward Island, from which position, after
some trouble with the government of the
island, he was appointed a judge of the Court
of King's Bench in Upper Canada after less
than two years' service. In Upper Canada
he was on the Bench a little over a year. His

126 OLD PROVINCE TALES
death, at the age of thirty-one, made way
for the appointment of the notorious Judge
Thorpe, who succeeded him.
Gray was the first solicitor-general of
Upper Canada, a young man of much pro
mise, the son of a major in the British service.
He received a licence to practise in 1794, was
made solicitor-general in 1797, and in the
same year assisted in launching the Law
Society of Upper Canada. A member of the
second House of Assembly, he did yeoman's
service in opposing the introduction of slaves
into this province.11 By his will he set free his
slaves, amongst them John Baker, his body
servant, to whom he devised a township lot
for his support. John was rather given to
drink, and had the habit of enlisting when
drunk. His new master, Mr Justice Powell,
bought him off several times, but after an
express warning declined at length to inter
fere. He remained in the army and was
present at the battle of Waterloo : he lived
till 1 87 1, the last survivor of those who had
been slaves in Canada.
Angus Macdonell 12 was the son of a High
land gentleman who came to the province of
New York at the invitation of Sir William
Johnson. All his relations of fighting age

THE TRAGEDY OF THE SPEEDY 127
took part in the Revolutionary War on the
Loyalist side. Coming to Canada Angus re
ceived a licence to practise law in 1794, being
then clerk of the House of Assembly, which
he continued to be till 1801 : he then became
member of the House. He had a very large
practice and was very successful as a counsel.

NOTES TO CHAPTER VII
1 For the story ofthe Farewells see Colonel Farewell's interest
ing volume, 'County of Ontario, by J. E. Farewell, LL.B., K.C.,
Whitby, Gazette-Chronicle Press, 1907,' pp. 19 sqq.
2 In the Recollections of Mary Warren Breckenrldge (sister of
William Warren Baldwin), 'written by her daughter, Maria
Murney, from her mother's own words in 1859,' a story is given
of the summer when ' the flights of pigeons were remarkable
. . . they used actually to darken the air.'
In Clarke township, where the future Mrs Breckenridge was
living with her father, Robert Baldwin, and the rest of the
family, 'an Indian encampment was near . . . one Sunday he
(i.e. Robert Baldwin) had gone to see his neighbour Mr Cozens
when . . . several Indians came bringing furs and asking for
whiskey. My mother and aunt refused them. They became
urgent and insolent. . . . Some of the Indians were intoxicated
before they came to the house and their threats were awful.'
After some time the women, who handled the savages with
great skill and coolness, were relieved to see Mr Baldwin
returning. ' He brought Mr Cozens with him. No sooner did
the Indians see him than one man drew his knife and showed it
to my mother (then Mary Warren Baldwin) saying, " Cozens
kill my brother, I kill Cozens." Then Mr Baldwin to divert
that idea was obliged to get them the whiskey — nothing else

128 OLD PROVINCE TALES
probably saved their lives.' Transactions (No. n) of the Women's
Canadian Historical Society of Toronto (1911-12), p. 20. It is
probable that this truculent Indian was Ogetonecut, who after
wards found a watery grave in Lake Ontario.
3 This is the -description given by Dr Henry Scadding in his
Toronto of Old, pp. 98, 99.
4 Simcoe laid off a County of Ontario in his proclamation of
1792, but that consisted of the islands on the northern side of
Lake Ontario.
5 As to William Weekes see chapter vi, p. 98 ante.
6 A petition dated at York, Upper Canada, November 12, 1827,
by Thomas Paxton (son of Captain Paxton), for the grant to
him of Fighting Island in the Detroit river, reads thus :
To the King's Most excellent Majesty, etc. etc. etc., the
humble petition of Thomas Paxton, one of your Majesty's
most dutiful and loyal subjects, of your Majesty's Province
of Upper Canada in North America, second eldest son of
Captain Thomas Paxton, who was most unfortunately
drowned by the loss of His late Majesty's schooner the
Speedy, on Lake Ontario in the said Province— sheweth —
that your petitioner's father faithfully and honorably served
your Majesty's late father, of glorious memory, for a period of
thirty-five years in various parts of the world.
That for a few years prior to his unfortunate death he had
served in the Command of His late Majesty's Schooner the
Speedy, belonging to what was then termed the Provincial
Navy on Lake Ontario— and at that time under the control of
the Lieutenant Governor of the Province.
That in the fall of the year 1804 your petitioner's father was
directed by the then Governor of this Province, Lieut.-
General Hunter, to embark the judges and officers of the
Court going on the circuit to open the Assizes in the District
of Newcastles against which he remonstrated, alleging the
utter unworthiness of the vessel to go to sea.
That being peremptorily ordered by General Hunter to
proceed, he embarked the Court and proceeded on his voyage
as directed ; but from the time of his leaving the port of York
no tidings were ever heard of the vessel, or her passengers
and crew who must all undoubtedly have perished with the
vessel, which is supposed to have foundered. . . .

THE TRAGEDY OF THE SPEEDY 129
7 John Anderson, articled to Walter Butler Wilkinson, was
admitted of the Law Society of Upper Canada as a student,
Hilary Term 43 Geo. Ill, 1803, as No. 24 on the Law Society's
Roll of Members.
It is of melancholy interest to note that he was the first
student at law to be enrolled a member of the Law Society
who was not afterwards called to the Bar.
8 In the olden times the judges who presided over the assize
courts were given formal written commissions empowering
them to hold these courts : the ' Commission day ' was the first
day of the assizes, so called because at the opening of the court
the commission was ' opened ' and formally read. It was thought
rather infra dignitatem to do anything else on that day. Those
days of pomp and leisure have all gone by ; our modern judges
carry no commission and the first day of the assizes is not un
commonly the busiest.
9 This most interesting story will be found at length in a
sketch by the late I. M. Wellington, Esq., of Brighton, which
appeared in the Brighton Ensign in January and February 1895,
and was reprinted by the Ontario Historical Society in their
Records for 1904, vol. v, pp. 61 sqq.
10 Farewell's County of Ontario, p. 21.
11 This province abolished future slavery in 1793, the first
British country to do so, and being preceded in the whole world
by Denmark only, and that by but a few months. In 1798
Christopher Robinson, M.P. (the father of Chief Justice
Robinson), and Edward Jessup, M.P., U.E.L., introduced a
bill to allow immigrants to bring in their slaves ; this, Gray and
a few others fought against, but it carried in the Assembly. In
the Council it received the three months' hoist, and never since
has it been proposed that this province should suffer the curse of
slavery. Further particulars concerning Gray will be found in
my Legal Profession in Upper Canada, pp. 154 sqq.
12 He is sometimes confused with his brother, Alexander
Macdonell, who was sheriff at the time of the Home District and
O.P.T.IU.C. Jf

148 OLD PROVINCE TALES
' No dumb shooting or firing in the air is admissible in any cast.
The challenger ought not to have challenged without receiving
offence ; and the challenged ought, if he gave offence, to have
made an apology before he came on the ground ; therefore
children's play must be dishonourable on one side or the other,
and is accordingly prohibited' — Barrington's Personal Sketches,
vol, ii, p. 19. The regular course would have been first to ex
change fires, rule 7, and then reconciliation would be in order.
But where one party had so injured the other that an apology
could not be an atonement, it was not unusual for the guilty
party to take his opponent's fire.
Most of the facts of this duel are derived from a letter from
Dr Baldwin to Serjeant Firth, dated April 22, 1812, now in the
Ontario Archives,
11 Many will be inclined to agree in this opinion — but 'a more
unprovoked, immoral and impious ' war broke out a hundred and
two years after Baldwin's letter ; and a General Mercer, a Major
Charles Moss, and many another gallant heart have been stilled
for ever, defending the right as did Macdonell on Queenston
Heights. 12 Afterwards Chief Justice McLean.
13 Now in the possession of her grandson, ./Emilius Jarvis,
Esq., of Toronto.

BROCK'S AIDE-DE-CAMP 145
and Chancery, 1804, p. 228 : ' The office of Treasurer is of con
siderable importance. ... He is the Supreme Officer of the
whole Society and has the regulation of its concerns. He admits
gentlemen into the Society,' etc.
6 From the MSS. of Chief Justice Powell.
6 This appears from a letter written by her mother at the time,
referred to later in the text.
7 William Warren Baldwin was the third son of Robert
Baldwin of Knockmore, near Carrigoline, County Cork, a
gentleman of independent means, who in 1798 came to Upper
Canada, leaving his native country by reason of its troubled
condition due to the 'United Irishmen' movement. Many
'United Irishmen' left Ireland about the same time ; but there
never was a whisper against the loyalty of Robert Baldwin and
his family in Ireland.
William Warren Baldwin had already taken his degree in
medicine in the University of Edinburgh and had been in practice
as a physician in Cork and its vicinity ; but he determined to
accompany his father to the new country. He was then about
twenty-four, having been born in 1775.
Robert Baldwin had lost his wife* who died giving birth to
her sixteenth child. He left the Cove of Cork, Ireland, in 1797
with two sons and four daughters. After three weeks out their
ship was driven back by very severe weather ; a second attempt
carried the vessel into another heavy gale. The captain desired
to take his ship to Lisbon, claiming to be a Bonaparte man, but
the passengers forced him to land them in Falmouth. The Irish
emigrants remained in Cornwall for seven months. The delay
cost Baldwin the grant of a township in Upper Canada which he
expected and perhaps had been promised him. In the summer of
1798 they set sail in the Grantham, a twenty-gun ship which sailed
with a convoy of many others. They arrived in Halifax after a
favourable passage, thence they proceeded to New York, arriving
there in June 1798, thence up the Hudson and the Mohawk, etc.,
to Oswego, thence to York (Toronto). Baldwin found that
grants of such a large quantity of land as he had expected had
o.p.t.iu.c. k

132 OLD PROVINCE TALES
in the future when the young Aberdonian
came to Kingston, December 31, 1799.
He had been induced to come to Upper
Canada by promises which proved illusory.
A master of arts of King's College, Aberdeen,
and a post-graduate student in theology
there, he was engaged as a parish school
master at Kettle when an offer, which had
been refused by the famous Dr Chalmers and
another of less note, was made to him to
become principal of an academy to be insti
tuted by the government of the province.
All his travelling expenses were to be paid
and he was to have a salary of eighty pounds
per annum on reaching his post — an irresist
ible lure to the young Aberdonian just of age.
But Simcoe, the first lieutenant-governor,
had returned home ; the academy scheme,1
Simcoe's own, had gone by the board before
the end of the year ; and when Strachan
reached Kingston it was to find his hopes
blasted and his future depending on his own
exertions. He was no coward or weakling ;
he did not sit down helpless and melancholy.
He looked about him and secured a place as
tutor in the household of the Honourable
Richard Cartwright,2 a member of the Legis
lative Council and a man of great influence,

BROCK'S AIDE-DE-CAMP 133
thoroughly deserved. Next year, 1800, he
opened a private school at Kingston and
shortly thereafter took orders in the Church
of England, whose creed and usages were
practically identical with those of his father's
Church, the Episcopal Church of Scotland.
In 1803 he was appointed rector of the church
at Cornwall : he removed thither and shortly
afterwards he opened a school at that place,
carrying it on without detriment to the duties
of his sacred office. These schools were the
most celebrated schools in Canada ; and they
turned out men who made their mark in
every sphere of life — very few, indeed, of
those who guided the destinies of the pro
vince at a time shortly after the date of which
we are speaking, but passed through the
hands of John Strachan at his school at
Kingston or that at Cornwall.
One day there came to the school at Kingston
a bright and handsome lad, John Macdonell
by name. He was of a far-famed clan which
has been ever foremost in patriotic service,
and which to this day continues to furnish
gallant soldiers and able administrators. Born
in 1785 at Greenfield, Glengarry, Scotland,
he came with his family to Canada in 1792.
His father was Alexander Macdonell of Green-

152 OLD PROVINCE TALES
but Miss Powell did not accompany them.
They arrived safe in England in March. She
took a later ship, the packet Albion, of 500
tons burden. The Albion was not a new
ship, but ' she was one of the most thought-
of ships that ever sailed, and the Captain
(Williams) as much so, both as a well
behaved man and a good seaman.' Dr
Scadding, in his Toronto of Old, p. 57, says :
'A family party from York had embarked in
the packet of the preceding month and were
. . . safe in London on the 22nd of March.
The disastrous fate of the lady above named
was thus rendered the more distressing to
friends and relatives as she was present in
New York when that packet sailed, but for
some obscure reason she did not desire to
embark therein along with her more fortunate
fellow townsfolk.' The contemporary docu
ments indicate the reason — there can be little
doubt that she did not desire to carry her
independence and contempt of public talk
and suspicion so far as to do what could be
considered an actual impropriety. She was
a woman of thirty-five and was quite com
petent to look after herself.
The ship Albion encountered heavy weather
and was in great distress for several days,

CHAPTER IX
THE TRAGEDY OF ANNE POWELL
Anne Powell was the sixth child and second
daughter of Mr Justice Powell (her elder sister,
also named Anne, died in infancy). She was
born March 10, 1787, as appears by the
Register of Baptisms, etc., of the parish of
Montreal. She was educated in part in
Canada, but mainly in England, and was un
doubtedly of a high grade of intelligence :
her correspondence exhibits considerable
literary talent and a sound education.1 She
was a very handsome woman, though per
haps not as beautiful as her younger sister
Mary ; her manner was captivating and she
was a good conversationist. But she was
self-willed, impatient of restraint, and had a
hearty contempt for mere conventionality.
The rigid formality of the official society of
York was irksome to her, and she resented
with spirit ' Mrs Grundy's ' strictures upon
her conduct ; moreover, she was not too re
gardful of the feelings of her own people.
149

136 OLD PROVINCE TALES
Macdonell was true to his blood : he believed
a conflict was inevitable and prepared for it ;
he joined the militia and received a commis
sion in that force.
Neither arms nor the toga has ever so fully
occupied the mind of man as to exclude the
soft passion of love ; and Macdonell was no
exception. The belle of the little provincial
capital of the time was Mary Boyles Jarvis,
the fourth daughter and eighth child of William
Dummer Powell, puisne justice of the Court
of King's Bench, one of the fairest in a society
of fair women. She was not only beautiful,
but also spirited, having the disposition of
her ancestress, Anne Dummer.
When William Dummer, lieutenant-gover
nor of Massachusetts — he of Dummer's War
fame — came home from England early in
the eighteenth century, he brought with him
as secretary a gay young man of Welsh
descent, a Cavalier and a High Churchman,
John Powell by name. Dummer had a sister
Anne, ' a little woman of very dignified pres
ence and manner and sober conversation,' ' a
proud Presbyterian who had disdained many
offers.' Powell made a bet one day in his
club that he would marry her, and he won
his bet. Her eldest son was also called John,

BROCK'S AIDE-DE-CAMP 137
and this John Powell's eldest child was William
Dummer Powell.5
Mary Powell was wooed and won by the
young Highlander, second in manly beauty
only to John Beverley Robinson, the hand
somest man of his day in York. True, the
lady was a Church of England woman, while
Macdonell was a devout Catholic : but love
which laughs at locksmiths readily overcame
difference of creed.
It is on record 6 that Mary Powell was wont
to treat her lover with the cruelty and feigned
indifference which the romances of the day
required of all fiancees ; but there is no room
to doubt her deep affection for him.
Macdonell became persona grata with
Lieutenant-Governor Gore, and upon Serjeant
Firth, the attorney - general, deserting his
post, Macdonell was appointed (acting)
attorney-general in his place. This was in
September 181 1 ; but before confirmation
was received from the home authorities he
had gone to a hero's death at Queenston.
In his conduct of the business of attorney-
general, Macdonell did not at all times exhibit
very great regard for the feelings of others —
few very busy and very ardent counsel do.
He was particularly irritating to Dr William

156 OLD PROVINCE TALES
a marble tablet, and in the churchyard a
tombstone, to the memory of the ill-fated
woman.6 The tablet is of white marble with
a shelf on which is an urn of the same material,
the whole bordered by or resting on black
marble. It bears the inscription :
Anna Powell, Spinster
was a passenger in the Ship ' Albion ' (wrecked
on this coast on the 22nd April, 1822)
and perished with many others,
but her body was recovered from the sea, received
from the charity of strangers Christian burial in
the cemetery of this Church ; in grateful memory
whereof this marble is inscribed by
W. D. P.
The tombstone is a flat limestone slab rest
ing on supports of limestone about eight
inches high. The supporting stone on one
side has sunk, so that the slab rests at an angle
instead of being horizontal, and it lies only
upon the edge of the opposite support. It
bears the following inscription :
Anna Powell, Spinster
Daughter of
William Dummer
and Anne Powell
of York in Upper Canada
Born 1787, Deceased 1822

THE TRAGEDY OF ANNE POWELL 153
during which Anne Powell showed great
fortitude and courage, encouraging the men
and taking her turn at the pumps with them
— (it is a family tradition that she is the
heroine of the sailor song ' Polly Powell was
her name'). All was in vain. A contemporary
account in the Cork Southern Reporter reads :
The Albion, whose loss at Garrettstown
Bay we first mentioned in our paper of
Tuesday, was one of the finest class of
ships between Liverpool and New York,
and was 500 tons burden. We have
since learned some further particulars, by
which it appears that her loss was attended
with circumstances of a peculiarly affect
ing nature. She had lived out the tre
mendous gale of the entire day on Sunday,
and Captain Williams consoled the
passengers, at eight o'clock in the evening,
with the hope of being able to reach
Liverpool on the day but one after,
which cheering expectation induced almost
all of the passengers, particularly the
females, to retire to rest. In some short
time, however, a violent squall came on,
which in a moment carried away the
masts, and, there being no possibility of

140 OLD PROVINCE TALES
and aide-de-camp alike gave life for king and
country, and earned the eternal gratitude of
Canadians, who are proud to be Canadians
and British. On the night of October 12,
18 12, Brock sat late at Fort George, writing
letters to the officers commanding the different
posts along the river Niagara. Early next
morning the Americans began crossing the
river, and word reached the general about
daybreak : he at once galloped to the scene.
Rallying his troops, who were giving way
before the tremendous pressure, and leading
them on, Brock fell, calling out the command,
it is said, ' Push on, brave York Volunteers!'
His aide-de-camp was neither laggard nor
dismayed. Mounted, he cheered on his men
to revenge their general ; in a shower of
bullets both rider and horse were struck, the
rider was mortally wounded, the horse killed.
Macdonell as he fell called to his friend Lieu
tenant McLean,12 ' Help me, Archie ! ' McLean
was himself wounded and could give no help ;
Captain Cameron, Macdonell's close friend
and former second, attempted to save him
and almost miraculously escaped injury. He
succeeded in carrying off the sorely wounded
hero to a neighbouring house. Dr Grant
Powell, brother of his fiancee, attended the

BROCK'S AIDE-DE-CAMP 141
dying man. John Powell, another brother,
sent the poor girl an affecting account of
Macdonell's last hours, which I have before
me as I write : ' he was dreadfully wounded
and . . . suffered great pain ... he was
wounded in three different places, in the head,
through the body and one of his wrists
besides being trampled by his Horse . . .
your brother [i.e. Dr Grant Powell] saw him
. . .he knew your brother and gave his
hand and pressed it ... he died on Wednes
day (Oct. 14th) at 12 o'clock, and the moment
before he expired he desired the servant to
lift him up, he was sensible to the last moment
... he looked quite natural . . . poor fellow
I sincerely regret him. I always felt a friend
ship for him because I knew his superior
worth, he has left few of his age that possess
that purity of mind that he did.' A touching
tribute from one who knew him well. Mac
donell's name deserves to be linked with
the names of our heroes of the present who on
the plains of France and Flanders have laid
down their lives as truly for Canada as he
at Queenston Heights more than a century
ago. The grief of the stricken Mary Powell is
described in letters written by her mother

160 OLD PROVINCE TALES
a grant in fee of about 100,000 square miles
in the Red River country, now Manitoba.
Lawyers differ as to the validity of this grant ;
but the question is wholly immaterial now,
and I do not enter into it — that Selkirk
believed that the company had the right
to grant him this land, and had done so
legally, is certain.
Troubles arose when his immigrants made
their appearance upon this territory, due in
great part to the rival North-West Company,
who did not desire an agricultural community
at this point. This was a fur-trading company,
not in reality a corporation, but rather what
we should now call a syndicate. It was an
active competitor of the Hudson's Bay
Company; and conflicts between the servants
of the companies were by no means uncommon.
These were sometimes fatal, for Governor
Semple and others were killed by Indians
accompanied and led .by servants of the North-
West Company.
The North- West Company had a large and
important station and fort at Fort William,2
and to that fort were brought some of the
Selkirk colonists. This was but the climax
— in the previous year, 18 15, many of the
colonists had left, worn out by the incessant

THE TRAGEDY OF ANNE POWELL 157
NOTES TO CHAPTER IX
1 Many of her letters are to be found amongst the Powell
MSS. in the Toronto Public Library.
2 Much of the goods imported into Upper Canada came by
way of the St Lawrence through Lower Canada. A duty was
imposed by Lower Canada on practically all imports ; and an
arrangement was made by the two provinces (first in 1793)
whereby Upper Canada agreed to refrain from imposing duties
upon goods coming into Upper from Lower Canada, and the
two provinces were to divide the income from the Lower Cana
dian duties. An inspector was stationed at Coteau du Lac to
check the imports. Several commissions were appointed to
settle the proportion each province was to receive, but at length,
in 1819, the arrangement came to an end. Lower Canada went
on collecting duties just the same ; a new commission failed to
adjust the amount to which Upper Canada was entitled, and the
Upper Canadian parliament sent a commission to England in
1821 to have the matter arranged by the home authorities.
This was the errand of John Beverley Robinson, 'the hand
somest man of his day,' to England at this time. It may be
added that the dispute was never satisfactorily settled, not even
on the union ofthe two provinces in 1841-42.
8 Mary Boyles Jarvis. The story is curious, but it cannot be
gone into here.
4 The Rev. J. N. Whitley, rector of Templetrine parish, Kil-
brittain, Co. Cork, Ireland, writes me as follows :
* Garretstown Beach (and Cliffs) is situated in this Parish, and
is about two miles from the Churchyard. The Albion struck on
a rock, still called the "Albion Rock," some distance from the
shore, and was then driven in close to the cliffs at the west side
of Garretstown Strand. As the result of enquiries I learned
that in the latter position a woman was seen standing in the
stern of the vessel. Her hair was streaming in the wind, and
she had one hand raised aloft with a purse "of gold" which she
offered to anyone who could save her life. (Whether her voice

144 OLD PROVINCE TALES
rulers to establish at public expense what we should call
secondary schools, and a University — the common school for
the common child was as little thought of as in England — and
there was also from the beginning a more or less quiet resistance
to this scheme, although the objectors do not seem to have
formulated their proposals definitely.
' In one case only was any poor child provided for by legisla
tion. In the same year that Strachan arrived in Canada, the
legislature enacted a law directing that children orphaned or
abandoned should be apprenticed by two magistrates until they
should be of the age of twenty-one if male, eighteen if female.
(Every one will at once think of Oliver Twist.)
' In that state of affairs private schools were opened in various
parts of the province, of various degrees of excellence, and with
various curricula. Those interested will find a reasonably full
account in Dr Hodgins's Documentary History of Education in
Upper Canada, in the first volume (now rare) of that interesting
and valuable series.
' As with schools, so with school books ; there were few of any
kind and none prescribed.'
In that address I described somewhat fully a text-book in
arithmetic written by Strachan. This is exceedingly rare— the
only copy I have seen is in the Toronto Public Library, It
is entitled : A | Concise Introduction | To Practical | Arithmetic; |
For the use of | Schools | By the Rev. John Strachan | Rector
of Cornwall, Upper Canada [ Montreal | Printed by Nahum
Mower | 1809.
2 The grandfather of Sir Richard Cartwright, James S. Cart
wright, K.C. (both deceased), and of John R. Cartwright, K.C.,
deputy attorney-general. He was one of the judges of the
Court of Common Pleas for the district of Mecklenburg
(Kingston) 1789-94, a merchant of great enterprise and a
member of the Legislative Council.
5 Angus Macdonell who perished in the Speedy disaster. See
chapter vii, p. 123 ante.
4 See, for example, Herbert's Antiquities of the Inns of Court

BROCK'S AIDE-DE-CAMP 145
and Chancery, 1804, p. 228 : ' The office of Treasurer is of con
siderable importance. ... He is the Supreme Officer of the
whole Society and has the regulation of its concerns. He admits
gentlemen into the Society,' etc.
6 From the MSS. of Chief Justice Powell.
6 This appears from a letter written by her mother at the time,
referred to later in the text.
7 William Warren Baldwin was the third son of Robert
Baldwin of Knockmore, near Carrigoline, County Cork, a
gentleman of independent means, who in 1798 came to Upper
Canada, leaving his native country by reason of its troubled
condition due to the ' United Irishmen ' movement. Many
'United Irishmen' left Ireland about the same time ; but there
never was a whisper against the loyalty of Robert Baldwin and
his family in Ireland.
William Warren Baldwin had already taken his degree in
medicine in the University of Edinburgh and had been in practice
as a physician in Cork and its vicinity ; but he determined to
accompany his father to the new country. He was then about
twenty-four, having been born in 1775.
Robert Baldwin had lost his wife, who died giving birth to
her sixteenth child. He left the Cove of Cork, Ireland, in 1797
with two sons and four daughters. After three weeks out their
ship was driven back by very severe weather ; a second attempt
carried the vessel into another heavy gale. The captain desired
to take his ship to Lisbon, claiming to be a Bonaparte man, but
the passengers forced him to land them in Falmouth. The Irish
emigrants remained in Cornwall for seven months. The delay
cost Baldwin the grant of a township in Upper Canada which he
expected and perhaps had been promised him. In the summer of
1798 they set sail in the Grantham, a twenty-gun ship which sailed
with a convoy of many others. They arrived in Halifax after a
favourable passage, thence they proceeded to New York, arriving
there in June 1798, thence up the Hudson and the Mohawk, etc.,
to Oswego, thence to York (Toronto). Baldwin found that
grants of such a large quantity of land as he had expected had
o.p.t.iu.c. k

146 OLD PROVINCE TALES
been prohibited by a recent order-in-council ; so he bought land
in the township of Clarke, a new township in the county of
Durham, and there he settled on what was called after him
Baldwin's Creek, now Wilmot's Creek, noted for its salmon.
He was made a justice of the peace— no small honour in those
primitive days — and when the Newcastle District was created,
in 1802, he took a very active part as magistrate at the quarter-
sessions and otherwise.
The son was entitled under the Provincial Act of 1795 to
practise medicine by virtue of his Edinburgh degree and his
Irish experience ; and it is said that he endeavoured to make a
living by his profession in Clarke. In those days the settlers
were few, poor, and healthy ; and most of them when sick relied
upon fireside remedies or the ' Yarb Doctor.' He failed to obtain
a medical practice, from no fault of his own, and he determined
to change his profession.
Coming to York (Toronto) in 1802, he advertised his establish
ment of a classical school for boys — advertising to teach twelve
boys writing, reading, classics, and arithmetic, terms eight
guineas per annum, one guinea and one cord of wood to be
supplied by each boy on the opening of the school. I have not
been able to discover what success the school had, if any, or even
whether it was ever opened.
A curious state of affairs was at the time existing in the
province. For the second time in its short history there were not
enough lawyers ; and the legislature, by the Act of 1803, reciting
that ' great inconvenience has arisen and is now experienced by
His Majesty's Subjects in several parts of this province from
want of a sufficient number of persons duly authorized to practise
the profession of the law, justice will in many cases be with great
difficulty administered,' proceeded to authorize the governor to
appoint not more than six gentlemen whom he should consider,
from their probity, education, and condition in life, fit and proper
to practise law. Dr William Warren Baldwin was one of the
five favoured ones ; he received a licence, produced it to the Law
Society, and was called to the Bar in 1803.
A handsome man, of fine presence and easy manners, fluent and

BROCK'S AIDE-DE-CAMP 147
ready-witted, well educated, and knowing even a little of law, he
soon had a large and flourishing practice. Appointed a Bencher
in 1807, he became Treasurer in 1811.
Dr Baldwin survived till 1844, held in the highest esteem by
all, except possibly for a time before, during, and after the
Rebellion. Always an advocate of responsible government, he
became involved in the schemes of Mackenzie and the Radicals,
but he did not go with Mackenzie all the way, drawing the line
at rebellion. It is perhaps not impossible that he would have
joined the rebels had they been successful ; but, as it was, he
took no part in the armed rising. It cannot, however, be said
that he was successful in banishing the suspicions of all.
He was Treasurer of the Law Society, 1811-15, 1820-21, 1824-
1828, 1832-36 ; he superintended the building of Osgoode Hall,
and was a most active member of Convocation.
It is at least interesting to know that about a hundred years
ago it was considered ' the thing ' for the highest law-officer of
the crown (the official head of the Bar) and the head of the Law
Society openly to fight a duel, admittedly a crime, which in a
fatal case would be considered murder.
8 For an account of Taylor, see my address before the
Dominion Bar Association, June 1916, ' The First Law Re
porter in Upper Canada and his Reports.'
9 Afterwards a member of the Legislative Council. He was
very active in projects of a public nature, especially in the
building of a church for the parish of St James ; he was a
pew-holder in the church— 'St James' Cathedral. ' His high
standing socially and otherwise, even though coupled with his
churchwardenship during that year, did not prevent him from
acting as a second in a duel. He was a captain in the York
Volunteers, and provincial secretary.
10 This course was not regular. At the Clonmell assizes in
1775 the Gentlemen Delegates of Tipperary, Galway, Mayo,
Sligo, and Roscommon had settled the code for duelling and
points of honour, which was adopted for all Ireland, and does
not differ materially from the English code. Rule 13 is specific :

148 OLD PROVINCE TALES
' No dumb shooting or firing in the air is admissible in any case.
The challenger ought not to have challenged without receiving
offence ; and the challenged ought, if he gave offence, to have
made an apology before he came on the ground; therefore
children's play must be dishonourable on one side or the other,
and is accordingly prohibited.' — Barrington's Personal Sketches,
vol, ii, p. 19. The regular course would have been first to ex
change fires, rule 7, and then reconciliation would be in order.
But where one party had so injured the other that an apology
could not be an atonement, it was not unusual for the guilty
party to take his opponent's fire.
Most of the facts of this duel are derived from a letter from
Dr Baldwin to Serjeant Firth, dated April 22, 1812, now in the
Ontario Archives.
11 Many will be inclined to agree in this opinion — but 'a more
unprovoked, immoral and impious ' war broke out a hundred and
two years after Baldwin's letter ; and a General Mercer, a Major
Charles Moss, and many another gallant heart have been stilled
for ever, defending the right as did Macdonell on Queenston
Heights. 12 Afterwards Chief Justice McLean.
13 Now in the possession oi her grandson, ^milius Jarvis,
Esq., of Toronto.

CHAPTER IX
THE TRAGEDY OF ANNE POWELL
Anne Powell was the sixth child and second
daughter of Mr Justice Powell (her elder sister,
also named Anne, died in infancy). She was
born March 10, 1787, as appears by the
Register of Baptisms, etc., of the parish of
Montreal. She was educated in part in
Canada, but mainly in England, and was un
doubtedly of a high grade of intelligence :
her correspondence exhibits considerable
literary talent and a sound education.1 She
was a very handsome woman, though per
haps not as beautiful as her younger sister
Mary ; her manner was captivating and she
was a good conversationist. But she was
self-willed, impatient of restraint, and had a
hearty contempt for mere conventionality.
The rigid formality of the official society of
York was irksome to her, and she resented
with spirit ' Mrs Grundy's ' strictures upon
her conduct ; moreover, she was not too re
gardful of the feelings of her own people.
149

150 OLD PROVINCE TALES
In 1822 Chief Justice Powell was in England ;
and his daughter made up her mind that she
would make a visit to that country also. It
happened that a gentleman of high official
position in York, the handsomest man of his
day, had been appointed by the government
to proceed to England as commissioner on
behalf of the province in connection with the
troubles about revenue between Upper and
Lower Canada.2 Anne Powell's determina
tion to go to England just at this time un
fortunately awakened the suspicions of her
mother, who seems to have been inclined to
doubt her own people and to place the worst
construction on their acts — a trait which,
descending to at least one of her children,3
caused that child great pecuniary loss. A
scandal which had been whispered in society
in the provincial capital came to her mind —
this was that Anne had been engaged in a
flirtation with the official. It should be said
at once that neither then nor at any subse
quent time was there ever a breath of suspi
cion against the virtue of either ; and not
even after Anne's tragic death did any of the
Powell family or connection accuse that
gentleman of aught but ' an idle and insincere
speech.'

THE TRAGEDY OF ANNE POWELL 151
Anne had asked this gentleman to allow her
to travel to England with him and his wife,
but from a decent regard for the proprieties
he had refused. The mother expostulated
with her daughter, and told her plainly that
her proposed journey would be taken by
society generally as proof of her infatuation.
This angered the young woman, and she said
that since such things were said of her she
would go now no matter what happened.
Dr Strachan (not yet Bishop) was sent for —
the confidant of most of the official set at
that time, of all of those of the Anglican
communion. He reasoned with the angry
young lady, and finally apparently persuaded
her to give up her plan ; her baggage, which
was all packed for the voyage, was locked up
by her brother, Dr Grant Powell ; and all
fear of scandal seemed over.
In the morning, however, it was found that
she had fled, and was on her way by sleigh to
Kingston. She seems to have so far effected
her purpose that she joined the official and
his wife ; at all events, her mother writes that
she stayed at the same houses and ' boasts she
was always considered the Lady of the party.'
The three travelled together to New York —
the official and his wife sailed from New York,

152 OLD PROVINCE TALES
but Miss Powell did not accompany them.
They arrived safe in England in March. She
took a later ship, the packet Albion, of 500
tons burden. The Albion was not a new
ship, but ' she was one of the most thought-
of ships that ever sailed, and the Captain
(Williams) as much so, both as a well
behaved man and a good seaman.' Dr
Scadding, in his Toronto of Old, p. 57, says :
' A family party from York had embarked in
the packet of the preceding month and were
. . . safe in London on the 22nd of March.
The disastrous fate of the lady above named
was thus rendered the more distressing to
friends and relatives as she was present in
New York when that packet sailed, but for
some obscure reason she did not desire to
embark therein along with her more fortunate
fellow townsfolk.' The contemporary docu
ments indicate the reason — there can be little
doubt that she did not desire to carry her
independence and contempt of public talk
and suspicion so far as to do what could be
considered an actual impropriety. She was
a woman of thirty-five and was quite com
petent to look after herself.
The ship Albion encountered heavy weather
and was in great distress for several days,

THE TRAGEDY OF ANNE POWELL 153
during which Anne Powell showed great
fortitude and courage, encouraging the men
and taking her turn at the pumps with them
— (it is a family tradition that she is the
heroine of the sailor song ' Polly Powell was
her name'). All was in vain. A contemporary
account in the Cork Southern Reporter reads :
The Albion, whose loss at Garrettstown
Bay we first mentioned in our paper of
Tuesday, was one of the finest class of
ships between Liverpool and New York,
and was 500 tons burden. We have
since learned some further particulars, by
which it appears that her loss was attended
with circumstances of a peculiarly affect
ing nature. She had lived out the tre
mendous gale of the entire day on Sunday,
and Captain Williams consoled the
passengers, at eight o'clock in the evening,
with the hope of being able to reach
Liverpool on the day but one after,
which cheering expectation induced almost
all of the passengers, particularly the
females, to retire to rest. In some short
time, however, a violent squall came on,
which in a moment carried away the
masts, and, there being no possibility of

154 OLD PROVINCE TALES
disengaging them from the rigging, en
cumbered the hull so that she became
unmanageable, and drifted at the mercy
of the waves, till the light house of the
Old Head was discovered, the wreck still
nearing in ; when the Captain told the
sad news to the passengers, that there
was no longer any hope ; and, soon after
she struck. From thenceforward all was
distress and confusion. The vessel soon
after went to pieces, and, of the crew and
passengers, only six of the former and
nine of the latter were saved.
This tragedy took place at the Head of
Kinsale on the south coast of Ireland. Local
tradition 4 tells that Anne Powell was seen
from the shore, standing in the stern of the
ship, her hair streaming in the wind, holding
in her hand a purse which she seemed to be
offering to any one who should save her life.
Various attempts were made to establish
communication with the vessel, but in vain.
The ship came near the shore, Anne Powell
was knocked down by a huge wave and
washed overboard, and was seen no more
alive. Her body was cast on shore on
the estate of Thomas Rochfort,5 and

THE TRAGEDY OF ANNE POWELL 155
received Christian burial in consecrated
ground at the church at Garretstown near
by. A brooch found on her bosom was sent
to her relatives in Canada, and it is still pre
served, a melancholy memorial of her terrible
fate. The chief justice had intended to return to
Canada, but he learned from his wife by
letter that his daughter was coming to
England ; the circumstances, however, were not
wholly disclosed to him, the wife feeling her
self, as she says, ' justified in concealing what
would inflict on him unavailing distress.' He
thereupon determined to take the advice of
his brother-in-law and await her in England ;
he took comfortable lodgings for her in
London, and meant to do all in his power ' to
make her happy and respectable ' — and then
the news came.
He made full inquiry of the owners of the
packet and the survivors of the crew, and
commissioned the erection of a tombstone
over his unhappy daughter's grave, and a
marble tablet to her memory within the
church. He was somewhat consoled by
learning that his daughter was fully aware
of her coming doom and was prepared for it.
In Templetrine parish church there is still

156 OLD PROVINCE TALES
a marble tablet, and in the churchyard a
tombstone, to the memory of the ill-fated
woman.6 The tablet is of white marble with
a shelf on which is an urn of the same material,
the whole bordered by or resting on black
marble. It bears the inscription :
ANNA POWELL, Spinster
was a passenger in the Ship ' Albion ' (wrecked
on this coast on the 22nd April, 1822)
and perished with many others,
but her body was recovered from the sea, received
from the charity of strangers Christian burial in
the cemetery of this Church ; in grateful memory
whereof this marble is inscribed by
W. D. P.
The tombstone is a flat limestone slab rest
ing on supports of limestone about eight
inches high. The supporting stone on one
side has sunk, so that the slab rests at an angle
instead of being horizontal, and it lies only
upon the edge of the opposite support. It
bears the following inscription :
ANNA POWELL, Spinster
Daughter of
William Dummer
and Anne Powell
of York in Upper Canada
Born 1787, Deceased 1822

THE TRAGEDY OF ANNE POWELL 157
NOTES TO CHAPTER IX
1 Many of her letters are to be found amongst the Powell
MSS. in the Toronto Public Library.
2 Much of the goods imported into Upper Canada came by
way of the St Lawrence through Lower Canada. A duty was
imposed by Lower Canada on practically all imports ; and an
arrangement was made by the two provinces (first in 1793)
whereby Upper Canada agreed to refrain from imposing duties
upon goods coming into Upper from Lower Canada, and the
two provinces were to divide the income from the Lower Cana
dian duties. An inspector was stationed at Coteau du Lac to
check the imports. Several commissions were appointed to
settle the proportion each province was to receive, but at length,
in 1819, the arrangement came to an end. Lower Canada went
on collecting duties just the same ; a new commission failed to
adjust the amount to which Upper Canada was entitled, and the
Upper Canadian parliament sent a commission to England in
1821 to have the matter arranged by the home authorities.
This was the errand of John Beverley Robinson, 'the hand
somest man of his day,' to England at this time. It may be
added that the dispute was never satisfactorily settled, not even
on the union of the two provinces in 1841-42.
1 Mary Boyles Jarvis. The story is curious, but it cannot be
gone into here.
4 The Rev. J. N. Whitley, rector of Templetrine parish, Kil-
brittain, Co. Cork, Ireland, writes me as follows :
' Garretstown Beach (and Cliff's) is situated in this Parish, and
is about two miles from the Churchyard. The Albion struck on
a rock, still called the "Albion Rock," some distance from the
shore, and was then driven in close to the cliffs at the west side
of Garretstown Strand. As the result of enquiries I learned
that in the latter position a woman was seen standing in the
stern of the vessel. Her hair was streaming in the wind, and
she had one hand raised aloft with a purse "of gold" which she
offered to anyone who could save her life. (Whether her voice

158 OLD PROVINCE TALES
could be heard, or whether the offer could be understood by her
motions, I could not find out so far.) Various attempts were
made to set up communication by ropes between shore and ship
without success. And in a very short time after the latter came
close to the shore the woman was knocked down by a wave and
swept overboard, and was no more seen until her body was
recovered when it was identified as that of Miss Anne Powell.
The foregoing is the account practically word for word as given
to me by a son of one of those who saw the event.'
6 The Garretstown estate is now held by a descendant of the
Rochfort who owned it at the time of the wreck — M. H. Franks,
Esq., D.L.
' This information I also owe to the Rev. Mr Whitley, to
whom I offer here my thanks for his prompt and courteous
answers to the inquiries of a perfect stranger who had no claims
on his kindness.

CHAPTER X
THE EARL OF SELKIRK
Thomas Douglas, the fifth Ear#l of Selkirk,
was by common consent ' an amiable, honour
able and intelligent man.' Born in 1771, he
was educated at the University of Edinburgh ;
while still a young man he took a deep in
terest in social questions, and having his
attention called to the unhappy conditions
existing in the Highlands of Scotland, he
determined to effect emigration on a large
scale from those districts. It is possible that
he had his attention directed to this continent
by Count Andriani of Milan,1 who had been
in America in 1790-91.
He formed settlements in Prince Edward
Island and at Baldoon, near Lake St Clair, in
the county of Kent, Upper Canada ; but he
had wider views. Purchasing a large amount
of the shares of the Hudson's Bay Company,
he obtained from that company (against the
protest of some of the minority shareholders)
159

160 OLD PROVINCE TALES
a grant in fee of about 100,000 square miles
in the Red River country, now Manitoba.
Lawyers differ as to the validity of this grant ;
but the question is wholly immaterial now,
and I do not enter into it — that Selkirk
believed that the company had the right
to grant him this land, and had done so
legally, is certain.
Troubles arose when his immigrants made
their appearance upon this territory, due in
great part to the rival North-West Company,
who did not desire an agricultural community
at this point. This was a fur-trading company,
not in reality a corporation, but rather what
we should now call a syndicate. It was an
active competitor of the Hudson's Bay
Company; and conflicts between the servants
of the companies were by no means uncommon.
These were sometimes fatal, for Governor
Semple and others were killed by Indians
accompanied and led by servants of the North-
West Company.
The North- West Company had a large and
important station and fort at Fort William,2
and to that fort were brought some of the
Selkirk colonists. This was but the climax
— in the previous year, 18 15, many of the
colonists had left, worn out by the incessant

THE EARL OF SELKIRK 161
aggression and terrorism on the part of the
North-West Company and by the difficulties
of a new country.
Lord Selkirk was not wholly unaware of the
state of affairs ; and on his arrival in Canada
in the autumn of 1815 he heard of the dis
persal of his people during the previous
summer. He was determined to resist the
North-West Company, and applied to Sir
Gordon Drummond, lieutenant-governor of
Upper Canada, for military aid. This was
refused ; a previous application to Lord
Bathurst, the secretary of state, had had no
better success. He therefore determined to
act alone : he hired a number of disbanded
soldiers of the De Meuron regiment, was
commissioned a justice of the peace for
Upper Canada and the Indian Territory, and
set out for the West by way of York (Toronto)
and the Georgian Bay. On his way to Fort
William he learned of the massacre of Semple
and his men ; . he requested magistrates to
accompany him — Messrs Asken of Drummond
Island and Ermatinger of Sault Ste Marie are
named — they declined, and he proceeded on
his own responsibility.
Arriving at Fort William, he issued warrants
as justice of the peace against certain of the
o.p.t. :u.c. t.

162 OLD PROVINCE TALES
North-West Company partners and servants,
and caused them to be arrested Afterwards
he took possession of the fort and the pro
perty there — furs, guns, etc. This act the
chief justice at Quebec subsequently char
acterized as, ' speaking most mildly, a forcible
entry and a forcible seizure.' A number of
the prisoners were sent east for trial, and some
were unfortunately drowned ; his enemies
always insisted that this was due to Selkirk's
forcing twenty-one prisoners to embark in
a canoe considerably under the usual size,
which could not safely carry more than
fifteen. The prisoners were directed to be taken to
the common gaol at Sandwich ; on reach
ing York, which they must pass on the way,
the governor ordered them to be taken to
Kingston, where the chief justice (William
Dummer Powell) and attorney-general (D'Arcy
Boulton) were attending the assizes. An
examination of the warrants showed that the
offences were alleged to have been committed
in the Indian Territory ; and accordingly the
prisoners were sent on to Montreal. There
they were admitted to bail, and we have now
no further concern with the subsequent pro
ceedings in that matter.

THE EARL OF SELKIRK 163
But the officials of the North-West Company
were not satisfied to allow matters to remain
thus. They made application to some of the
judges in York for a warrant against Selkirk
and his men ; but the judges could, it is said,
see no ground for a charge of felony. Applica
tion was then made to Francois Baby, J. P.,
of Sandwich. Two of the servants of the
company, Vandersluys and M'Tavish, swore
to an information charging the earl and a
number of others with having feloniously
stolen, taken, and carried away eighty-three
fusils, the property of the company. The
magistrate issued a warrant to William Handes,
the sheriff of the Western District, for the
apprehension of the Earl of Selkirk and nine
others, ' if they shall be found within the
District ... to answer His Majesty for a
Felony which they, it is alleged, have com
mitted.' Another warrant for riot (which was issued
by Dr Mitchell, J. P., of Drummond Island)
the earl had treated with contempt. He
claimed that it had been ' obtained from a
drunken and superannuated magistrate in
Upper Canada after the Judges of the Pro
vince to whom application had been made on
the part of the North West Company had

164 OLD PROVINCE TALES
refused to grant it,' and his ' notorious habits
of intemperance rendered it in the highest
degree probable that his signature had been
obtained surreptitiously.' This was certainly
a novel justification for defying a warrant :
it has never been repeated so far as can be
found in the reports, and it is rather to be
wondered at that one who was himself a
justice of the peace should advance it.
The warrant for felony was placed in the
hands of William Smith, deputy sheriff of
the Western District ; he was also given a
writ of restitution ordering the restoration of
Fort William to the North-West Company.
Armed with these he made his way from
Sandwich to Fort William and arrived there
March 19, 18 17. He produced his writ of
restitution to Selkirk, but Selkirk refused to
comply. Thereupon he arrested the earl and
some of the others on his warrant for felony ;
his lordship pushed him out of doors, and
afterwards kept him in close custody at the
fort under a military guard.
Selkirk released Smith only in May 18 17,
when he himself left Fort William with his
forces for Red River. He had no thought of
finally evading justice ; indeed, it is more
than likely that had it not been most incon-

THE EARL OF SELKIRK 165
venient to deliver himself up in the spring of
18 17, he would have returned with the deputy
sheriff. After pacifying his people at Kildonan in
the Red River country Selkirk made his way
down the Mississippi to St Louis, across to
Washington, thence northward to New York,
and by the Hudson river to Albany, then across
the state of New York to Upper Canada.
(So far facts have been stated upon which
there is no dispute ; hereafter there are in
some matters contradictions, but generally
these arise from differing points of view. The
main facts are clear ; and in case of conflict
the two stories will be given.3)
Arriving in York in January 1818, Selkirk
called upon the chief justice. They had
known each other for a long time, and on his
first visit to York the earl had frequently
visited and dined with the judge ; he had
also subsequently in England, on Powell's
visit to obtain his son Jeremiah's release,
acquired claims to the personal gratitude and
attention of Powell. Selkirk offered to sur
render himself and to give bail for his appear
ance to answer the charges against him. The
chief justice refused to interfere, as there was
no charge or complaint regularly before him ;

166 OLD PROVINCE TALES
and he explicitly stated to the earl that he
would not bail one charged with an escape
from an arrest for a felony. Selkirk says
that the chief justice advised him to retire
with his friends to the United States : Powell
denies this, and says what happened was
this : ' When I learned from his Lordship
that in order to surrender himself to me at
York, he had made a vast and dangerous
detour through the inhabited Territory of the
United States, I did express regret that his
Lordship had not remained there until the
period for meeting his Trial at Sandwich,'
and he adds, ' The presence of Mr Baby, the
Senior Executive Councillor of the Province,
from a few minutes after his Lordship's
arrival until his departure, would seem to
guarantee that I did not gratuitously commit
myself to censure either as a Knave or Fool.'
It seems likely that there was a misunder
standing between the judge and the layman.
The earl accepted the chief justice's in
vitation to dinner. The chief justice sent
a message to the attorney-general, D'Arcy
Boulton, that Lord Selkirk was with him and
desired to wait upon him (Boulton). The
following day Selkirk called upon Boulton
and was informed that he had received in-

THE EARL OF SELKIRK 167
structions from the secretary of state in
England to institute criminal proceedings
against him. It was arranged that Selkirk
should surrender to the magistrate who issued
the warrant, M. Francois Baby, at Sandwich ;
and Selkirk proceeded to Sandwich accord
ingly, accompanied or followed by the son of
the attorney-general, Mr Henry John Boulton
(afterwards chief justice of Newfoundland),
who was acting solicitor - general in the
absence of John Beverley Robinson in
England. Mr Boulton conducted the pro
secution before the magistrates on the pre
liminary inquiry. The charge of felony, i.e.
of stealing the guns, failed, and Boulton then
proceeded on the charge for riot upon which
a warrant had been issued by Dr Mitchell, J. P.
On this Selkirk was committed for trial, as
well as on a further charge then laid of re
sisting arrest, and another of assault upon
William Smith for which a bill had been
found at the quarter-sessions. Dr Allan, his
physician and secretary, was joined with
him in some of these charges and Captain
Matthey in others.
Selkirk then went to Lower Canada and
presented himself in the Court of King's
Bench at Montreal to answer other charges.

168 OLD PROVINCE TALES
The court held it had no jurisdiction ; but
required renewed bail for Selkirk's appear
ance to answer the same charges before a
special Court of Oyer and Terminer 4 in
Upper Canada.
The assizes came on at Sandwich in
September 1818, Chief Justice Powell pre
siding. Much bitter complaint was then and
afterwards made by the earl that his treat
ment at this court was illegal ; it may be
said at once that there is no foundation for
the charge.5 As not infrequently happens,
the accused made a mistake himself in the
law, and charged the court with a perversion
of the law because the judge did not agree
with him. Selkirk, indeed, afterwards boasted
that he contradicted the chief justice openly
in court.
John Beverley Robinson had become
attorney-general upon the elevation of D'Arcy
Boulton to the Bench, and he first laid a bill
against Selkirk and certain of his men for
resistance to legal process in the case of the
warrant issued by Dr Mitchell, J. P. This
the Grand Jury, after a short deliberation,
ignored. Then, against the advice of the
chief justice, the attorney-general, instead
of proceeding against the accused on the

THE EARL OF SELKIRK 169
charges for which he had been bound over by
the magistrates in the preceding January,
determined to lay a charge of conspiracy to
injure and destroy the trade of the North-
West Company. This bill the Grand Jury
did not dispose of — the court rose and it
dropped. The troubles of Lord Selkirk were not
over. It seems that he had such friends in
the Western District that there would be
difficulty in procuring a bill from a Grand
Jury of that District ; and if a bill were
found, there would be difficulty in procuring
a conviction. Selkirk suggests that the
attorney-general had a private retainer from
the North-West Company, but it is more pro
bable that his conduct throughout was in
consequence of express instructions of the
home authorities to prosecute Selkirk for his
actions at Fort William. At the assizes at
York, February 18 19, a bill of indictment
was found against Selkirk and some nineteen
others for conspiracy ; but he had gone to
England and the trial was not proceeded
with. The proceedings in the case of those sent
down by Selkirk from Fort William for trial
must now be noticed. One, De Reinhard,

170 OLD PROVINCE TALES
was convicted of murder in Quebec in May
1 8 1 8 ; but he was not executed, there being
doubts as to the jurisdiction of the court.
Another, M'Lellan, was acquitted of the same
charge in Quebec in June 1818. It was
thought in the case of others that ' justice
could be more conveniently administered ' in
Upper Canada, and application was made to
the governor-in-chief, Sir John Coape Sher-
brooke, to direct the removal of these cases
to Upper Canada. He consulted the home
authorities, and they agreed that he should
do so ; and this was done.
At the assizes at York in October 1818,
before Chief Justice Powell, Justices Campbell
and Boulton, and their associates, indict
ments were found against four persons as
principals,6 four as accessories before and ten
as accessories after the fact of the murder of
Governor Semple. A bill for arson was
found against three persons, while an indict
ment against three for shooting at Miles
Macdonell, one against another person, an
accessory before the fact, and a third against
still another person for robbery were ignored.
On following days, indictments were found
against three persons for maliciously shooting
at Miles Macdonell and others, against four

THE EARL OF SELKIRK 171
persons as principals, four as accessories
before and ten as accessories after the fact
of the murder of Alexander M'Lennan, a
third against still another person for robbery.
During the same assize another bill was
found against three persons as principals, and
five as accessories before and after the fact,
for stealing nine pieces of cannon belonging
to Lord Selkirk.
Two of those charged with the murder of
Semple, Francois F. Boucher and Paul Brown,
were then put on trial, all the three judges
and also William Allan, J. P., being on the
Bench. The prosecution was conducted by
Attorney-General Robinson and Solicitor-
General Henry John Boulton, the defence by
Samuel Sherwood, his brother Levius P.
Sherwood, and Dr W. W. Baldwin. A report
from shorthand notes is still extant ; and a
perusal of the proceedings makes it plain
that the prosecution was pressed with earnest
ness and vigour, and that both prosecution
and defence were brilliant examples of forensic
skill and legal learning. The Bench also
shows up well, and the whole trial was a
model of propriety and fairness ; an occa
sional outbreak between the eminent counsel,
and an occasional complaint from the chief

172 OLD PROVINCE TALES
justice of lack of progress, add a human in
terest to the whole and indicate the tension
upon all concerned.
There was no doubt that the prisoners had
been with and formed part of the band which
killed Semple ; and the defence was that
Semple had met that band with an armed
force, that he had begun the firing, and that
the shots which killed him were in self-defence.
The chief justice charged the jury that if they
found that Semple began the affray and the
shots which killed him were in self-defence,
they should acquit ; but if not, they should
convict Boucher ; that in any event there
was no evidence against Brown. The jury
found a verdict of Not Guilty.
The next day Paul Brown was acquitted of
a charge of stealing a blanket and gun. The
following day six persons accused as acces
sories demanded their trial, as they had the
legal right to do, and they also were acquitted.
In this case the chief justice charged the
jury much as in the first case, and Mr Justice
Boulton also charged the jury. His charge
was strongly in favour of the prisoners.
A few days later, before the chief justice
and Mr Justice Boulton, two persons, Cooper
and Bennerman, were placed on trial for

THE EARL OF SELKIRK 173
stealing Selkirk's cannon. It was set up for
the defence that the prisoners and others who
were Selkirk's colonists had removed the
cannon to prevent them being used, as was
intended, to stop the discontented settlers
from removing to Upper Canada. Mr Justice
Boulton charged the jury most impartially,
and the jury promptly acquitted.
At the same assizes on the civil side, the
chief justice himself presided ; his brethren
had sat with him on the criminal side by
reason of the importance and novelty of the
cases to be tried.
William Smith, the deputy sheriff from
Sandwich, had brought an action for false
imprisonment against Lord Selkirk ; and
that case came on for trial before the chief
justice and a jury. Evidence was called on
both sides, and the jury found for the plaintiff
with damages fixed at £500.
Daniel M'Kenzie, a retired partner of the
North-West Company, had also sued Lord
Selkirk for false imprisonment. He was said
by one of the witnesses to have been ' the
weakest man of the Company from habitual
Indulgence in Intoxicants ' ; but that did not
prevent the jury from finding a verdict in his
favour for £1500.

174 OLD PROVINCE TALES
Lord Selkirk had been expected in York
at the assizes, and the attorney-general had
asked on Friday, October 23, for delay till the
following Monday, as he understood that
Selkirk would arrive on the Saturday or
Sunday, and ' as the Earl of Selkirk was
deeply interested in the result of these accusa
tions, and had given a great deal of attention
to the investigation, he did not wish in the
absence of his Lordship to put these men on
their trial.' The cases proceeded on Monday,
October 26, in the absence of the private pro
secutor — he left Montreal, indeed, at that
time in the direction of Upper Canada and
was confidently expected there ; but he
turned off to the left and proceeded to England
by way of New York, and never set foot in
Canada again.
He petitioned the Prince Regent and parlia
ment that the whole matter might be investi
gated and his rights vindicated, but without
successful result. A volume of correspond
ence between his friend Halkett and Lord
Bathurst in his behalf is well known.
The most serious charges were made by
him, and have been made since by his admirers,
against the administration of justice in Upper
Canada. A late writer says : ' Justice was

THE EARL OF SELKIRK 175
undoubtedly perverted in Upper Canada in
the most shameless way ' ; and this kind of
charge has been widely believed. I have
gone through with care the contemporary
and other accounts of the transactions, and
say with perfect confidence that there is not
a shadow of evidence to support the charge
of perversion of justice in Upper Canada.
The two persons who are accused are the
chief justice and the attorney-general ; what
ever the merits of the controversy in the
Red River country, neither of these had any
thing to do with it. Lord Selkirk with an
armed force of soldiers took forcible posses
sion of Fort William ; he was the first wrong
doer in territory over which the Upper Canada
courts had jurisdiction. His mistake in send
ing those whom he accused of crime in the
Indian Territory to Sandwich, was corrected
by the chief justice. The proceedings at
Sandwich at the assizes have already been
detailed ; the only thing that Selkirk could
possibly complain of there was that a bill was
laid for conspiracy. This was laid by in
structions from the home authorities, who at
that time considered themselves to be, and
were, responsible for all British territories.
There was no perversion of justice, and the

176 OLD PROVINCE TALES
only irregularity was that of the friends of
Selkirk on the Grand Jury illegally hearing
witnesses on his behalf.
Those who were accused by Selkirk and
who came before the Upper Canada courts
were prosecuted with vigour, and no fault can
be found with the rulings of the judges. As
the chief justice is the person most assailed,
it should be mentioned that the opinions of
all the judges on matters of law agreed, and
that of the charges to the jury that of Mr
Justice Boulton was much more favourable
to the accused than that of his chief. No
complaint has ever been made against the
courts in the civil trials.
As the attorney - general was rather an
imperial than a provincial officer, and was
responsible to the authorities at Westminster,
it may not be improper to say that ' the temper
and judgment with which he . . . conducted
himself during the whole of these long and
difficult proceedings . . . received the entire
approbation ' of the home government.
The fact is that while Selkirk was ardently
desirous of doing good to his fellow-country
men, an honest patriot and philanthropist, he
made the mistake of taking the law into his
own hands, he set his knowledge of law

THE EARL OF SELKIRK 177
against that of those who were trained in the
science, and he put himself frequently in the
wrong. Perhaps he did as well as most could
have done in the difficult circumstances in
which he was placed, and certainly there was
much wrong done him ; but there is no justi
fication for his monstrous charges against
those entrusted with the administration of
justice in Upper Canada, or for his suspicion
of improper motives in all their acts.
It seems fairly certain that he was a
favourite in the Western District, but rather in
disfavour in the Home District. It is not un
likely that had the cases been tried at Sand
wich instead of at York he might have had
greater luck. But these are the fortunes of
war and litigation ; and juries are proverbially
uncertain.7 He died at Pau in the south of France in
1820.

NOTES TO CHAPTER X
1 Count Andriani (or Andreani) of Milan is mentioned by the
Due de la Rochefoucault as travelling in the interior of this
continent in 1791. He seems to have pursued his researches
under the auspices of the British Government ; but apparently
his Journal, spoken of by La Rochefoucault, was never pub
lished. He is mentioned by Colonel Humphreys, Washington's
aide-de-camp, in a letter to Washington, October 31, 1790, as
o.p.t.iu.c. jyi

178 OLD PROVINCE TALES
writing ' things monstrously absurd and ill-founded ' ; there are
several references to him by Americans about the same time. A
full discussion of Andriani is attempted in note 44 of my edition of
La Rochefoucault 's Travels in Canada in 1796 (now in the press).
Chester Martin, in his Lord Selkirk's Work in Canada, published
1916, is the only person, so far as I know, who suggests that
Selkirk was influenced by Andriani (p. 17).
3 Fort William was built by the North-West Company at the
mouth of the Kaministiquia river (rediscovered by Roderick
M'Kenzie in 1798) to take the place of Grand Portage, the
former rendezvous of the fur traders, which was found to be in
the territory of the United States. Begun in 1801, it was com
pleted in 1804, and named Fort William in 1807, after William
M'Gillivray, one ofthe governors ofthe company.
3 The account given by the earl is to be found in his printed
writings ; that by the chief justice, in his MSS.
4 A Court of Oyer and Terminer is a court for the trial of
criminal charges for which indictments have been found in that
court. A Court of General Gaol Delivery is a court for the trial
of all persons in custody on a criminal charge and still untried,
who are in the common gaol at the place at which the court is to
sit. Our Criminal Assizes are courts of both kinds ; and there
are now no commissioners of Oyer and Terminer or of Gaol
Delivery. 6 An examination of the proceedings will satisfy any lawyer
that everything was done properly and according to the well-
established practice of the court, except one irregularity for
which Selkirk's friends were themselves responsible and which
did him no harm— the Grand Jury, at the instance of Selkirk's
friends, heard witnesses for the accused, which was improper.
The judge, however, was not aware ofthe fact till afterwards.
6 A principal is one who perpetrates the act or is present aiding
and abetting ; an accessory before the fact is one who is not
present at the commission of the criminal act, but who aids,
counsels, or procures it ; an accessory after the fact is one who,

THE EARL OF SELKIRK 179
knowing a crime to have been committed, assists the criminal
to elude justice.
7 There is a large mass of material concerning these Selkirk
trials. The quarrel between him and the North-West Company
was bitter and it divided public opinion in Upper Canada and in
Lower Canada. Charges and recriminations of the worst kind
were made by both parties, and even yet it seems impossible for
most writers to consider the facts dispassionately. The facts,
however, are fairly clear, and it is rather the inference to be
drawn from the facts that is troublesome.

CHAPTER XI
SOME NON-BRITISH IMMIGRANTS
While the greater part of the early immigra
tion into Upper Canada was from British stock,
either the American United Empire Loyalist
or the immigrant direct from the British Isles,
this was by no means universally the case.
The Duke de la Rochefoucault-Liancourt,1
who travelled through the United States and
Upper Canada in 1795-96-97, tells us that he
found at Asylum,2 on the right bank of the
Susquehanna, MM. Talon and de Noailles,
who had come from England with more hope
than real resources, and who had been able
to buy two hundred thousand acres of land
and to populate them. They had joined in
their projects some inhabitants of San Domin
go who had escaped massacre 3 and who had
been wise and lucky enough to save some of
their fortune. There came also some from
Old France, M. de Blacons, deputy in the
Constituent Assembly for Dauphine, who had
180

SOME NON-BRITISH IMMIGRANTS 181
after leaving France married Mile de Maulde,
canoness of the chapter of Bourbourg. They
kept a store at Asylum with their partner,
M. Colin, formerly Abbe de Sevigny, Arch
deacon of Toul and a member of the Grand
Council. There, too, were M. de Montule,
formerly a cavalry captain, married to a San
Domingo lady, M. de Bec-de-Lievre, formerly
a canon, but now a storekeeper, and many
former priests and officers in the army or
navy. Amongst them was Du Petit-Thouars, an
officer of the French Navy, who had some
years before led an expedition in search of the
unfortunate navigator, La Perouse, who had
been last heard of at Botany Bay in 1788.
The search was in vain (and indeed no trace
was found of La Perouse, but in 1826 wreck
age of his ships was discovered). Du Petit-
Thouars was detained by the Portuguese
governor of the island, Fernando de Noronha,
and sent to Portugal with his crew. Making
his escape from that country, he came to
America, where he lived free and happy, ' sans
aucune fortune et sans aucun besoin.' But,
tiring of the uneventful life, he returned to
France, obtained the command of a ship of
the line, and perished on that ever-memorable

182 OLD PROVINCE TALES
ist of August when Nelson conquered at the
Nile (1798).4
These were all republicans ; they had all
renounced their allegiance to their king, and
most had been false to their religion.
But all the brave and adventurous of France
had not been recreant to crown and creed ;
some, like the United Empire Loyalists, had
kept their faith and fought that their old flag
might still wave over their native land. Their
heroic valour was as unsuccessful as that of the
American loyalists : and many left France,
now no longer the France of their birth and
early manhood. Amongst these was Joseph-
Genevieve, Comte de Puisaye,5 born at Mor-
tague in France in 1754, of a noble family.
Destined for the Church, he was educated with
the career of a priest in view ; but at the age
of eighteen he entered the army as a lieuten
ant, and soon he became a colonel in the Swiss
Household Guards.
He was a representative for his native
province in the Constituent Assembly, and
there exhibited the principles upon which he
ever acted, both then and to the end of his
life. He was a monarchist, but believed in
limited and constitutional monarchy. Soon
it was apparent that there was no room in

SOME NON-BRITISH IMMIGRANTS 183
France for any opponent of the Republic :
and after an unsuccessful but gallant struggle
for the king in Brittany, he left France and
went to London. He then turned his mind
to Canada : and with the approval of the
Imperial authorities, and accompanied by
Royalist friends (amongst them Laurent
Quetton, who under the name of Quetton St
George became prominent in the early busi
ness world of Upper Canada) and subordinates,
he set sail for this new land on the Betsy from
Portsmouth. After a voyage of three months
Quebec was reached, from which the party
journeyed to Montreal, some by boat, some
by land.
But Upper Canada was the country to
ward which they were bent : and they set
off for Kingston by land to Lachine, thence
by the universally employed flat-bottomed
bateaux. Kindly received by the authorities at
Kingston, De Puisaye left his party there, and
with only one companion set sail for York,
the capital of the province. There he was
successful, for the Council set off ' the Town
ships of Uxbridge, Gwillimbury, a Township
in the rear of Whitby not yet named and
the ungranted part of Whitchurch ' for the

184 OLD PROVINCE TALES
new colony. Moreover, there were appropri
ated for a town for them some twenty-two
lots in Yonge Street of two hundred acres
each in a choice situation. The new settle
ment was to be called Windham.
During the winter some of those left behind
at Kingston arrived at York and began to
clear the land, build houses, etc. We are
told that by the middle of February ' there
were eighteen houses at Windham with the
outside finished, and before long a church and
a parsonage were added.'
More settlers came in the spring : all
toiled, but some found the hardships too great
and abandoned the enterprise. The govern
ment of Upper Canada did all possible to aid
the embryo settlement by supplying food,
tools, building material, seed, etc., but no
government help can make a practical farmer
out of a soft-handed aristocrat. De Puisaye
was not satisfied with the extent of the land
placed at his disposal. He made the acquaint
ance of the well-known Joseph Brant, and
through him endeavoured to obtain a large
tract of land occupied and claimed by the
Mississauga Indians at the head of Lake
Ontario. In this he failed, as the govern
ment declined to approve the scheme. Going

SOME NON-BRITISH IMMIGRANTS 185
on to Niagara, De Puisaye bought a fine farm
about three miles above the town, and there
built a mansion which in itself and its sur
roundings and in its furnishings was long one
of the marvels of the province. He after
wards returned to England, and died there in
1827, having received little advantage from
his expenditure in Upper Canada, which, con
sidering the times and the relative value of
money, may fairly be called very great.
His colony in Windham languished. The
work was hard, and such as the settlers were
unaccustomed to, and they left the land as
soon as possible. Some went back to France,
some into trade, until at length there was
scarce a trace of the French colony. This
attempt at settlement by French loyalists has
had no permanent effect on the province.
Another non-British colony was led by a
South German, William Berczy. Born in
Saxony in 1747 (or the following year), he at
an early age was taken with the remainder
of the family by the father to Vienna, where
his uncle was minister for the House of
Brunswick, and where his father obtained a
position in the diplomatic service.
He was educated at the universities of
Leipsic and Jena with a view to his becoming

186 OLD PROVINCE TALES
an officer of the civil government ; but his
tastes did not run in that direction. After
several years of travel he came to England
(1790), and was shortly thereafter employed
by an emigration society to obtain German
settlers for a block of land they had in Gene
see county in the state of New York. Berczy
at once went to Germany and procured about
sixty German families, and with them set
sail from Hamburg in 1792, landing in Phila
delphia after a long and tedious voyage.
Then came the problem how to reach the
place of proposed settlement. Berczy was a
man of great energy and driving force ; he
had a road many miles long cut through the
primeval forest, and before winter set in had
the satisfaction of landing all his colonists in
their intended home, ' Captain Williamson's
Demesne,' or the ' Pulteney Settlement,' as
it was called.6 But he and Captain William
son, the chief agent of the association, could
not agree, and Berczy determined to remove
his colony elsewhere.
Simcoe, the first lieutenant-governor of
Upper Canada, had issued a most alluring
proclamation offering land to all bona fide
settlers on most advantageous terms, and
Berczy determined to try the new province.

SOME NON-BRITISH IMMIGRANTS 187
He went to Newark and made an arrangement
with Governor Simcoe to bring his New York
settlers to Upper Canada ; he also agreed to
procure further immigrants from Germany.
The township of Markham in the county
of York, not far from the new town of York,
was selected for the colony ; and thither
Berczy brought between sixty and seventy
families from the Genesee settlement.
It was not difficult to persuade the Germans
to change their place of residence. The
scheme of the New York settlement was on
the ' Patroon system,' in which those who
worked the land could be only tenants — a
system which was the curse of New York
and of Prince Edward Island as similar
systems were of Ireland and Quebec : the
Upper Canada plan contemplated every
farmer owning his own land.
But the facilities for getting to Markham
were by no means ample : the same band,
however, who cut their way to the Genesee
country did the same in this province. Yonge
Street, which had been laid out, was opened ;
a wagon track was built from York to Mark
ham, and the cavalcade started for the future
home (1794). We read that the boxes of the
wagons were built of closely fitting boards

188 OLD PROVINCE TALES
well caulked and waterproof so that they
could be used as boats. In this way the
immigrants crossed the Don (then a much
more important stream than at present) and
many other streams. The first settlement
was on the banks of the Nen river, which
we now call the Rouge. Berczy built saw
mills and grist-mills; and the settlers with
true German industry and thoroughness pro
ceeded with their settlement duties.
Their leader had very great difficulty in
respect to the title of the lands which had
been promised him. Simcoe went to England,
and his successors do not seem to have been
as liberal as he towards real settlers, although
it is not on record that those in government
circles had difficulty in obtaining land to hold.
Berczy went to England to press his claims,
and after many months had the satisfaction
of feeling that he had been successful ; but
he did not succeed on his return in moving
the provincial authorities and never obtained
the grants he expected. After heart-breaking
efforts, wholly fruitless, he went to Montreal,
where he supported himself by painting, for
which he had a talent — there he contracted an
illness from which he died in New York in 1813.
But the German colonists remained. They

SOME NON-BRITISH IMMIGRANTS 189
were real farmers ; they made the wilderness
blossom as the rose and established a settle
ment which to the present day has been as
creditable to them as advantageous to the
province. Nearly all of them were, as nearly
all of the de Puisaye immigrants were not,
men accustomed to hard work on the soil.
This settlement has been permanent and has
made its mark in the province, unlike the
French settlement, of which not a trace
remains. NOTES TO CHAPTER XI
1 Francois Alexandre Frederic de la Rochefoucault-Liancourt,
born 1747, died 1827 ; a member of the States-General in 1789, he
was president of the National Assembly ; a friend of the king,
he tried without success to save him. He travelled in America
1795-99, and, returning to France, busied himself with phil
anthropic schemes. His Travels in the United States and Canada
is a well-known and frequently quoted work. An edition of
vol, ii containing his travels in Upper Canada is now in the press,
published by the Archives Department of Ontario : this edition
contains many notes by Sir David William Smith, Bart., and by
myself. 2 Asylum is still a post village in the township of Asylum,
Bradford county, Pennsylvania, near the right bank of the
Susquehanna, and about ten miles south-east of Towanda. Its
population is under one thousand.
* The terrible occurrences in San Domingo are still a horror
not eclipsed even by what has occurred in Europe during
the past two years. Haiti became French in 1697, was called

190 OLD PROVINCE TALES
Sainte Dominique, and was very prosperous when the French
Revolution broke out in 1789, the population being of three
classes, whites, free coloured people' (mostly mulattoes), and
negro slaves. The National Convention gave the mulattoes
civil rights (theretofore restricted to the whites), but on the peti
tion of the whites revoked this gift. In 1791 the slaves revolted,
the mulattoes made common cause with them, and for several
years there was a period of perpetual warfare in which both
sides were guilty of the most diabolical acts of cruelty. Many
of the wealthier of the inhabitants left the island and sought
homes elsewhere, thereby escaping the massacre in 1804 by
Dessalines, when he became governor for life.
4 The particulars of the French immigrants in Pennsylvania
are given in La Rochefoucault's Travels, vol. i, pp. 151 sqq. (first
French edition), vol. i, pp. 86 sqq. (first English edition, 4to). Of
course the return by Du Petit-Thouars to France and his death
took place after La Rochefoucault's visit. The circumstances
that he became captain of the Tonnant, Admiral Bruey's flag
ship, and was killed at the battle of the Nile, are stated in a
letter from Simcoe to La Rochefoucault's London publisher,
dated from Wolford Lodge, June 25, 1799. See my edition of
La Rochefoucault's Travels referred to in note 1 supra.
6 Most of the facts of De Puisaye's career in Upper Canada
will be found detailed in one of the University of Toronto Studies,
A Colony of Emigre's in Canada, 1798-1816, by Lucy Elizabeth
Textor, Ph.D., sometime Fellow in History in Yale University.
The Archives Department at Ottawa has much material on the
subject, and occasional references are to be found in contempo
rary correspondence ; but my researches, pursued independently,
have not added anything of moment to the very exhaustive as
well as accurate account given by Dr Textor (of which I avail
myself to the full in this chapter).
6 Captain Charles Williamson was the general agent at
Philadelphia of the association. He gave La Rochefoucault a
very bad account of Berczy's character ; Berczy and he were
never reconciled.

SOME NON-BRITISH IMMIGRANTS 191
Sir William Pulteney, afterwards Earl of Bath, one of the
most distinguished of parliamentary orators and a bitter enemy
of Sir Robert Walpole, was the
' Billy of all Bob's foes
The wittiest in verse and prose '
of contemporary satire. He failed to unhorse Walpole and was
himself removed from the Privy Council. In 1746 he was head
of the ' Short-lived Ministry ' which lasted but two days. He
had forfeited all his great reputation in the estimation of the
public by accepting a peerage in 1742. Sir Charles Hanbury
Williams, the well-known wit, affixed to the earl's residence,
Bath House, Piccadilly, the bitter epigram :
' Here, dead to fame, lives patriot Will ; his Grave, a Lordly-seat,
His Title proves his Epitaph ; his Robes, his winding-sheet.'
He amassed great wealth and acquired very large estates, but
the death of his only son in 1763 broke his heart ; he died in
the following year, when the peerage for which he had lost all
his influence with the people of England became extinct.
He was the chief proprietor of the Society, and the settlement
in Genesee county was often called by his name.

CHAPTER XII
THE 'PATRIOT' GENERALS"
William Lyon Mackenzie, after the disas
trous failure of his attempt to capture Toronto
in December 1837, made his way to the
United States, He formed an encampment
on Navy Island in the Niagara river, to
which some few real patriots made their way ;
but there were also some like those who went
to the Cave of AduUam : ' every one that was
in distress and every one that was in debt
and every one that was discontented gathered
themselves unto him, and he became a captain
over them.' Mackenzie made glowing pro
mises to those who would assist in obtaining
independence for Upper Canada — to be imple
mented when Upper Canada became inde
pendent — three hundred acres of land to
every volunteer and $100 cash in addition.
The choice of Navy Island as headquarters
for the motley array — they called themselves
the ' Patriot ' Army, and some of them were
192

THE ' PATRIOT ' GENERALS 193
patriots in fact, but many were patriots for
revenue only — was due to Thomas Jefferson
Sutherland, an American of Scottish descent
then living in Buffalo, who was made second
in command under Van Rensselaer. He was
much more enthusiastic than Mackenzie him
self in drumming up recruits, and his showy
street displays called down on him the rebuke
of the suffering, ardent Mackenzie.
Sutherland was of no very high type.
Theller,2 his comrade and fellow brigadier-
general, calls him ' a plumed popinjay and
blustering Bobadil,' whose subsequent conduct
' was but an exposure of imbecility, indecision,
avarice, meanness, treachery, and cowardice ;
he had neither firmness nor fortitude, he had
neither skill nor daring.' He was, however,
of somewhat imposing personal appearance,
and was gifted with a copious flow of words,
which some considered eloquence.
In common with most of his countrymen,
he believed that Canadians were groaning
under the iron heel of monarchial tyranny
and that three-fourths of them were disposed
to try an appeal to arms to establish political
independence. He describes himself as ' an
ardent admirer of democratic institutions and
an enthusiastic advocate of political freedom,'
O.P.T.IU.C. n

194 OLD PROVINCE TALES
and he entertained ' the desire to obtain the
. . . applause which might . . . accrue to
. . . the agents in the establishment of an
other independent republic on the continent
of America.' While by no means of the in
fluence, capacity, or military experience of
Van Rensselaer,3 he could and generally did
keep sober, which is more than can be said
of his chief.
Some five or six hundred men ultimately
were mustered on the island, and there they
formed a camp covered by the flag of inde
pendence with its two stars symbolical of the
two Canadas.
Sutherland was always in evidence ; when
not at the camp, he was working for Cana
dian independence elsewhere. He learned
in Buffalo an extraordinary story that the
Canadian authorities were sending a negro
cook to poison all his gallant band, and he
warned his forces accordingly.
In Detroit at the same time there was a
similar movement in favour of the Patriots ;
and toward the end of the year Sutherland
was sent by Van Rensselaer to assist— perhaps
to lead — that movement. He went by way
of Cleveland, where he picked up a number
of recruits from Ohio; and on January 8 he

THE ' PATRIOT ' GENERALS 195
arrived at the Detroit river on a small steam
boat called the Erie. At Gibraltar he found
a number of Patriots and some boats, among
them the schooner Anne, loaded with cannon
and muskets. He produced his credentials,
and claimed the command of the force of
about five hundred strong. A council of war
was called, and though his demand was re
sisted for a considerable time, it was finally
decided to acknowledge the Navy Island
authorities and give Sutherland — now a
brigadier-general — the direction of affairs, at
all events until the island of Bois Blanc
should be taken.
Next morning Sutherland busied himself in
the field of oratory. It was the anniversary of
the battle of New Orleans; and he addressed the
multitude, alluding to that glorious day and
the glorious cause in which they were engaged,
and he wound up ' with the poetic declara
tion that the God of Battles was smiling in
the sunbeams, the sure harbinger of success.'
And indeed so He was ; Sutherland's mis
take lay in not determining on which side
success was to lie.
Boats put off to attack Bois Blanc ; the
schooner Anne was mismanaged and drifted
into the lake, but she was brought about to

196 OLD PROVINCE TALES
assist in the attack. But the island was
abandoned by the British, and nothing came
of the enterprise.
Sutherland, with his headquarters in a log
shanty, and his men gathered about fires
near by, passed a cold night in their encamp
ment. Next morning he passed over to the
deserted island, but the Anne was taken with
all on board by the British, who, Theller tells
us, actually shot ' with the manifest cruel
determination of sacrificing life.'
Probably it was this extraordinary deter
mination on the part of the opposing soldiers
which influenced Sutherland the next day to
abandon Bois Blanc and relinquish his com
mand. He had found time, however, during
the day to issue a proclamation inviting the
patriotic inhabitants of Upper Canada to
rally round his standard. ' You are called
upon by the voice of your bleeding country to
join the Patriot forces and free your land
from tyranny. Hordes of worthless parasites
of the British Crown are quartered upon you
to devour your substance ; to outrage your
rights ; to let loose upon your defenceless
wives and daughters a brutal soldiery.' Pos
sibly Sutherland believed all that, but cer
tainly the Canadians did not.

THE ' PATRIOT ' GENERALS 197
He went to Detroit and was arrested ; but,
being released, he tried to organize another
expedition of his own, issuing a new proclama
tion for that purpose. His efforts failed, and
he resigned all military command, advertising
in a Detroit newspaper the fact that he had
retired from the Patriot cause. This did not
seem to convince the Patriots that he had
really left them ; so he called a public meet
ing in Detroit about February 18, 1838, when
he made a formal statement that he had re
signed his command and would have nothing
further to do with the Canadian revolu
tionists. A couple of days afterwards he set out for
Buffalo, his residence, but at Monroe, a small
village about forty miles from Detroit, he was
robbed of money, papers, and baggage. Re
turning to Detroit, he learned that the thieves
had been seen fleeing towards Sandusky ; and
on March 4 he set off across the ice from
Gibraltar for Sandusky, with one companion
only, a lad of sixteen or seventeen years.
They were unarmed except for two old useless
swords, the property of the general. Un
fortunately for him, the well-known Colonel
Prince was that day driving in a sleigh with
Prideaux Girty 4 and Mr Haggerty along the

198 OLD PROVINCE TALES
shore of Lake Erie, returning from Gosfield.
About 4.30 p.m. Prince caught sight of the
two men on the ice. He made up his mind
that they were spies — he had a great eye
for ' Sympathizers ' — and made chase with
Haggerty and some men whom they had met
in the meantime. Prince had a gun, and the
travellers made no difficulty about surrender
ing. Prince brought the prisoners to Fort
Maiden (Amherstburg), overruling the sugges
tion made by one of the party that Sutherland
should be executed on the spot. Colonel
Maitland was in command at Fort Maiden ;
he decided to send the prisoners down to
Toronto. Sutherland was the first to be sent for trial
by Sir Francis Bond Head ; and he came
before the court-martial the day succeed
ing his arrival at the capital. The court
was composed of Colonel Jarvis (presi
dent), Colonel Kingsmill, Lieutenant-Colonels
Carthew and Brown, Majors Gurnett and
Dewson, and Captains (John) Powell and
Fry, with Colonel FitzGibbon as judge
advocate. Prince and Girty gave evidence as to his
capture, and others as to his bearing arms
at Navy Island. Judgment was delayed for

THE ' PATRIOT ' GENERALS 199
some time, but at length he was convicted
and sentenced to transportation for life.
From an examination of the evidence, it is
rather to be inferred that the capture was
not in Canadian territory; the evidence, how
ever, is very conflicting. The inexperience of
the president led to many irregularities, and
though there can be no doubt that the
prisoner had been in arms against Her Majesty,
it cannot be said that he had a fair trial. He
cross-examined the witnesses with some skill,
but called no witnesses on his own behalf ;
he is said to have had the advice and assist
ance of George Ridout and others in the
conduct of his defence.
While lying in prison, awaiting the judg
ment of the court, he is said to have offered
the lieutenant-governor to give full informa
tion concerning the rebels, but Sir Francis
declined to interfere. It is certain that,
losing hope, he attempted suicide by opening
his veins with a knife he had borrowed from one
of the guards on the pretext that he wanted to
make a pen. His wound was staunched and
he was nursed back to health, so that he might
be banished to a living death in Van Diemen's
Land, regularly and secundum artem. It was
many days before he fully recovered.

200 OLD PROVINCE TALES
Sir George Arthur, the new lieutenant-
governor, and his advisers were in no small
difficulty in respect to Sutherland. His trial
was irregular, as they knew, and there was
more than doubt whether he had not been
arrested within American territory. They
finally sent him to Quebec with other convicts.
Theller says Sutherland was a coward, and
therefore refused to join in a plot of the
prisoners to release themselves on the boat
on the way to Kingston. The prisoners were
kept in the fort at Kingston for a night and
then sent on to Montreal and Quebec, arriv
ing in Quebec on June io,5 and all lodged in
the Citadel to await Her Majesty's pleasure.
On the boat from Montreal to Quebec, the
captain, who was an ardent Loyalist, refused
to allow his cabin to be polluted by the pre
sence of any ' Yankee brigand ' — this was on
the orders of the owners, John Torrance and
Company — so the prisoners were all packed
in the hold. Sutherland seems to have
defended his conduct in a spirited manner ;
he had the ' gift of the gab ' largely developed,
and liked to talk.
More than a month afterwards he was
notified that his case had been referred to
the Home authorities, and in the course of a

THE ' PATRIOT ' GENERALS 201
few days after this notice he was informed
that the Home government had directed his
discharge on account of the irregularities at
his trial, but that he must give security
not again to enter Her Majesty's dominions.
He was removed the same day to another
room in the Citadel, which he occupied by
himself, and after some time was informed
that the pardon signed by Sir George Arthur
was irregular, and had to be returned for
correction. Tired of waiting, he wrote to Sir George
asking to be informed of the form and amount
of the security required, and saying that if
security was to be exacted from him, he would
try to procure it. He was informed that his
own bail and two sureties in $2000 each would
be taken as assurance that in a fixed number
of days he would not be in any part of Her
Majesty's dominions, his own bail to be taken
in Quebec, that of the sureties in Toronto.
He tried his best to find sureties, but not un
naturally failed. He offered to pledge him
self in any manner that might be prescribed ;
but was told that his word was valueless and
that other security must be given. One of
his comrades is said to have remarked that
sureties would run no risk, for an ox-team

202 OLD PROVINCE TALES
could not draw Sutherland within sight of
Canada again if he once got out of it.
On October 16 Theller and a number of his
companions made their escape from the
Citadel ; Sutherland was removed to the
' black hole ' for safety, and kept there five
weeks. Some months after he was sent to
Upper Canada and unconditionally released.
He made his way to the United States, and
his subsequent career does not concern us.
Theller finds no words too opprobrious to
apply to his brother general : ' Coward,'
' traitor,' whose ' lying . . . vanity and
assumption of importance, as well as his play
ing the special spy upon us, and the betrayal
of our secrets at Toronto, made all men despise
him.' We do not know Sutherland's opinion
of Theller, but no one can read Theller's book
without suspecting him also of ' lying, vanity,
and assumption of importance.'
Theller, who has been mentioned more
than once, was a much more interesting
character than Sutherland, and of a dis
tinctly higher type. Edward Alexander
Theller was born in Coleraine, County Kerry,
Ireland, January 13, 1804, of a good family ;
he received a good education and distin
guished himself as a linguist ; even as a youth

THE ' PATRIOT ' GENERALS 203
he became proficient in French and Spanish,
an accomplishment that was to stand him in
good stead in later life. At a rather early age
he came to the United States, but retained to
the end his love for his native land and (what
he considered a necessary corollary) his hatred
for England and all things English.
When the time came for him to elect his
allegiance, he became an American citizen,
formally forswearing all allegiance to the
king in whose dominions he had been born.
About 1824 he came to Montreal, where he
studied medicine. A fellow-student was Dr
Chenier, who was to become a prominent
leader in the Rebellion in Lower Canada, and
to die in battle at the church at St Eustache.
Some say that Theller was for a time a member
of a free-love community in New York State.
Theller practised medicine for a time in
Montreal, and also carried on a drug store in
partnership with a Dr Willson, after whose
death he married his widow, Ann Pratt, a lady
of some means, the daughter of an English
gentleman. He seems to have been con
vinced of his success as a medical man, espe
cially in treating cholera.
His residence in Lower Canada increased
rather than diminished his hatred of Britain ;

204 OLD PROVINCE TALES
and in 1832 he removed from under the
British flag, settling in Detroit, which had
been visited by an epidemic of cholera. Both
in that year and in 1834, in another epidemic
of cholera, he did good service as a physician.
A man of much energy, he prospered finan
cially, and in a few years he was the owner of
a wholesale grocery store and also of a drug
store ; he was as well a physician in active
practice in partnership successively with Dr
Lewis F. Starkey and Dr Fay. He became
one of the most prominent supporters in
Detroit of the ' Patriot ' cause ; and when an
invasion of Upper Canada was planned in the
winter of 1837-38 he was chosen as brigadier-
general to command the first brigade of
French and Irish troops to be raised in
Canada. The ' Sympathizers ' were firmly
convinced that it only required a force of
invaders to appear, to cause the Canadians
to rise en masse against the supposed tyranny
of Britain. Theller, indeed, continued to
believe that excepting the Orangemen (' the
vile Orange faction ') and the Family Com
pact, there were very few loyal Canadians.
He writes : ' Nor did I meet during all my
stay in Canada with but two Roman Catholic
Irishmen who were loyal or wished well to the

THE ' PATRIOT ' GENERALS 205
British Government.' He seems never to
have heard of the Irish Roman Catholics of
Peterborough, who marched from that place
to Toronto in the depth of winter to offer
their services to the governor.
Theller was determined not to violate the
laws of the United States by taking any part
in levying a force or joining one in the United
States. Taking advice from the United
States district attorney, he considered that
joining out of the United States an expedi
tion which had come from there, even though
it might have been previously and unlawfully
set on foot within the jurisdiction of the
United States, was perfectly legal and did not
violate the American statutes. Accordingly,
upon the day agreed upon for a rising opposite
Detroit, he crossed over to Canada in a ferry
boat and landed at Windsor.
The ' rising ' did not rise, and after a
wordy encounter with the redoubtable
Colonel Prince, Theller returned to Detroit.
This was not the first time that these two
met, nor was it to be the last. Theller had
previously been the cause of the arrest of
Prince in Detroit for a debt alleged to be
owing to an Irish servant for wages ; and
the men were bitter enemies. Prince he

206 OLD PROVINCE TALES
describes as ' dark and mysterious, cruel and
vindictive, plausible but to deceive, he spared
neither money, nor time, nor art to crush the
spirit of reform and blight the hopes of the
friends of Canadian independence ' — Prince
in turn describes Theller as a ' d — d piratical
scoundrel.' Probably each would have felt compli
mented by the attack of the other. What
ever Prince's faults, he was an ardent lover
of British connection, and hated the thought
of Canadian independence ; while Theller
would certainly not desire Prince's goodwill
or encomium.
An invasion was then planned from
Gibraltar, about twenty miles below Detroit,
and Theller made his way thither, still deter
mined not to join the force or take any part
in its operations except beyond the legal juris
diction of the United States ; so far, however,
as his ' advice was of service it was freely
tendered and accepted ' ; this he calls being
' nicely scrupulous about the law,' but many a
man has been hanged for less.
He crossed over from Gibraltar in a small
boat into British waters and took command
of the stolen schooner Anne. The following
day, January 9, 1838, when discharging

THE ' PATRIOT ' GENERALS 207
a cannon with which the Anne was armed,
he received a blow on the head from the re
coiling gun that felled him to the deck and
threw him down the hatchway into the hold.
Before he could recover himself, the Anne
had been captured by the Canadian militia.
Stunned and senseless, Theller was dragged
out by the victors, and upon partial recovery
he found himself and his comrades under the
charge of Lieutenant Baby. He was taken
to the hospital, and when enjoying a refresh
ing and invigorating sleep was awakened by
a kick on the ribs from his ancient enemy
Colonel Prince, who ordered him to be tied
and taken to Fort Maiden.
Next day, tied two and two and thrown
into the bottom of a wagon, Theller and his
captive comrades were sent off to Toronto,
accompanied by a strong guard of soldiers
and a dozen of the St Thomas volunteer
cavalry riding alongside and going ahead as
scouts. The officer in charge of the escort
was found to be an old acquaintance of
Theller's, Dr Breakenridge, who had studied
his profession in Detroit in the office of Dr
Fay, Theller's former partner. But Breaken
ridge was ' the son of an old revolutionary
Tory,' and ' was well worthy of his sire ' ; and

208 OLD PROVINCE TALES
' this most ungrateful wretch,' although
Theller had ' for months saved him from
literally starving,' treated the prisoners even
worse than his instructions from Prince
warranted. After a tedious journey of five days they
reached London, an ' apparently flourishing
village ... on the River Thames.' Ten days
in the London gaol passed before an order
came for Theller and some others to be taken
to Toronto ; on this journey the prisoners
were not tied.
The cavalcade passed through Brantford
and Hamilton, and at length arrived at
Toronto. The last words Theller heard before
passing through the prison doors came from
a ' decent-looking man ' : ' Bad luck to your
impudent face, you bloody Yankee ! I hope
I may never see you come out of that place
until the morning you are to be hung.'
On March 24, 1838, he was presented with
a copy of an indictment for treason, and on
April 6 was called to trial. Mr Hagerman
(the attorney-general) and Mr Sherwood
prosecuted, and the sole defence was that
Theller was not a British subject but an
American citizen. The crown admitted that
he was a naturalized American citizen, but

THE ' PATRIOT ' GENERALS 209
claimed that ' once a subject always a sub
ject,' and that he was still a British subject.
The facts were proved, and the jury speedily
gave their verdict : ' If the prisoner is a
British subject he is guilty of Treason.'
Theller and some American writers prepos
terously contended that this was a verdict of
acquittal ; but by the law of England (then
and until 1870) and by the law of Upper
Canada, the prisoner was a British subject ;
and he was rightly convicted. Mr J. E.
Small, one of the leaders of the Bar and
sometime treasurer of the Law Society,
assisted Theller in his defence and remained
his staunch friend. Theller describes Hager
man — ' Handsome Kit ' (who was after
wards a justice of the Court of King's Bench)
— as ' a large man with an unmeaning, bloated
countenance ; his nose had been broken, but
whether in a midnight brawl or not I cannot
say, but it gave a hideous and disgusting look
to his face ' ; Sherwood was a ' sprout of
revolutionary Toryism,' Chief Justice Robin
son guilty of ' strange perversion,' the jury
' all a packed jury of tories,' the law ' unjust,
tyrannical and barbarous.'
On April 10 he was called up for sentence ;
the sentence was, of course, that he should be
o.p.t.:u.c. o

210 OLD PROVINCE TALES
drawn to the place of execution on a hurdle
and hanged a fortnight thereafter, and that
his body should be given to the surgeons for
dissection. Sir George Arthur, however, de
termined to reserve his case for Her Majesty's
pleasure by reason of the great legal ques
tions involved. Theller, it is true, and those
who accept his statements as gospel, say that
his reprieve was due to a fear that the Irish
troops would mutiny if an Irishman were
executed while the sentence of General Suther
land, an American, was commuted — credat
Judaeus Apella.
On St George's Day, Theller's faithful wife,
left behind at Detroit, came to Toronto from
Lewiston by the American steamer Oneida
and made her way to the gaol, while friends
who were to present a new petition to Sir
George Arthur were hastening to Govern
ment House. They soon brought the good
news that those whom the prisoner calls ' the
tyrant and his minions of the perjured wool
sack and the Council ' respited him from
immediate death. It was currently reported
that on a former petition the Council was
equally divided, two for reprieve and two
opposed, ' a bloodthirsty old Scotsman, Allen
or Billy Allen as he was called, . . . was

THE ' PATRIOT ' GENERALS 211
decidedly for hanging and quartering and
could not be persuaded to yield a jot . . .
one of the Council, the Honourable Mr
Draper (Solicitor- General) being absent on the
London circuit.' However that may be, the
second petition was successful. Orders came
to remove Theller and others, twenty-five in
all, to Fort Henry, Kingston. Escorted by
a guard of negro volunteers, the unfortu
nates, chained two and two, were taken by
Sheriff Jarvis to the steamer Commodore
Barry and huddled in the after part of the
boat, closely penned in and still in chains.
A plot to take possession of the steamer
and run her into Sackett's Harbour came to
nothing, owing, Theller says, to Sutherland's
cowardice. After remaining in Fort Henry
overnight, Theller and the other nine American
prisoners ' were again placed under our sable
escort and marched ... to a boat,' to be
taken through the Rideau Canal to Lower
Canada. Changing boats at Bytown (Ottawa),
they made their way down the river to ' Gran
ville ' (Grenville) ; then marched across about
fifteen miles to Carillon and embarked on
another boat, which took them to Lachine.
From Lachine they went by barge to
Montreal and were incarcerated in the new

212 OLD PROVINCE TALES
gaol. Theller gives an interesting account
of the conduct of the crowd who watched
their march from the river to St Paul's Street,
and from there to the new market and thence
to the gaol : ' The most abusive epithets
against ourselves and country were made use
of; such as d — d Yankees, sympathizers,
pumpkin-eaters, wooden nutmegs.'
The stay in Montreal was short ; the
prisoners were taken by boat to Quebec. They
were put in the hold of the vessel, as the
owners, John Torrance and Company, had
given orders that the cabins were not to be
polluted by the presence of any Yankee
brigand. Touching at Three Rivers, a copy
of Lord Durham's Proclamation was procured.
Theller did not think anything would come
of it in the existing miserable state of Canada.
At Quebec they were lodged in the Citadel.
An order came to send Theller to England,
but in October he managed to effect his
escape with several others. After he had
been concealed in Quebec for a short time,
friends took him, along with Colonel Dodge,
across the river and finally across the line.
They then went to Augusta, Maine, sailed
thence by the steamer Vanderbilt for Boston
and thence to New York, where they met

THE ' PATRIOT ' GENERALS 213
William Lyon Mackenzie and several Patriots
who had just arrived from exile in Bermuda.
Theller attended and addressed meetings
with Mackenzie in New York, Philadelphia,
Washington, and Baltimore in favour of the
Canadian rebels, but the news from Canada
was discouraging, and sick at heart he took
his way homeward by the great western
route, the national road. Crossing the state
of Ohio to Cleveland, he took the stage for
home, travelling day and night to prevent if
possible the utter folly of a proposed invasion
of Western Canada from Detroit. He arrived
in Detroit December 4, 1838, too late to check
the invasion which had already begun, and
which resulted so disastrously for many of
the invaders.
In 1 84 1 he published a book in two volumes,
Canada in 1837*38, which contains a history
of the Rebellion and especially his own part
therein. It contains a good deal of ' fine
writing,' much gasconading, much evidence
of hatred of Britain, but little of value his
torically or otherwise.
The cholera was raging in Buffalo in that
year, 1841, and thither Dr Theller went and
resumed the practice of medicine. In 1849,
hearing that there was in Panama an epidemic

214 OLD PROVINCE TALES
of yellow fever, he made his way to that
city. He was met there in 1857 by Mr
Kingsford, who in his History of Canada
gives an account of the meeting. He was
at the time keeping the Cocoa Grove Hotel
in the suburbs, a most beautiful spot.
He went from Panama to San Francisco,
where he started and edited The Public
Ledger and afterwards The Evening Argus.
He died at Hornitos, Mariposa county, Cali
fornia, May 30, 1859, in his fifty-sixth year.
One of his sons, who was in the United States
Army, was killed by the Nez Perces in 1877 ;
the other two both lived in San Francisco ; his
only daughter married F. X. Cicott of Detroit
and died in 1865 (her husband was then sheriff
of tha county), leaving a number of children.
Theller was ' plump, full-figured, black-
haired, with blue eyes, straight well-formed
nose and high forehead, and about five feet
six inches in height ' ; he believed himself to be
like Napoleon both in person and in genius,
with a magnetic tongue, ' an Irish enthusiast
for anything opposed to Great Britain, a
native born Fenian.' So say those who knew
him ; but withal he was a kindly soul, with
an open heart and a hand ever ready to help
the unfortunate.

THE ' PATRIOT ' GENERALS 215
These two generals were exceedingly fortu
nate. Sutherland would undoubtedly have
gone to Van Diemen's Land and Theller have
been hanged but for the doubt in the one case
as to the place of capture and as to the regu
larity of the trial, and in the other case as to
the advisability of bringing to an acute issue
the legal status of one who, British born, had
become a naturalized American citizen. More
over, it is quite manifest that the Home
authorities were distinctly more cautious and
less bloodthirsty than the Canadians, who
would not hesitate to hang or shoot any
Patriot or Sympathizer.

NOTES TO CHAPTER XII
1 Most of the facts of this chapter are from the writings of
the generals themselves. 'A | Letter | To Her Majesty [the
British Queen j with Letters to j Lord Durham, Lord Glenelg,
and Sir | George Arthur. | ... By Th. Jefferson Sutherland |
Albany | Printed by C. Van Benthuysen | 1841.' i2mo, pp. 168.
1 volume only. This is rather rare ; a copy is in "The Riddell
Canadian Library," at Osgoode Hall, Toronto.
' Canada | in 1837-38 | ... By E. A. Theller | Brigadier-
General in the Canadian Republican Service | ... In two
volumes | Philadelphia | Henry F. Anners | New York. J. &
H. G. Langley | 1841.' Two volumes, i2mo. Vol. i has pp. 264 ;
vol. ii pp. 316. This is quite common, and is to be found in many
public libraries. There are three copies at Osgoode Hall.
1 There was very great jealousy between these two generals ;

216 OLD PROVINCE TALES
each affected to despise the other and his pretensions to military
skill. 8 Van Rensselaer was the commander-in-chief of the Canadian
army at Navy Island. He was a man of considerable capacity,
but much addicted to drink. Gourlay expostulated with him on
his taking part in a military enterprise against a friendly country.
Whether for that or some other reason, Van Rensselaer attempted
no mischief against Canada.
3 Prideaux Girty was the youngest son ofthe noted Simon Girty
(as to whom see chapter i, pp. 5, 6 ante), and was born in October
1797 in the county of Essex, Upper Canada. He was named
after his father's friend, Lieutenant Prideaux Selby of the Fifth
Foot. Prideaux Girty lived most of his life in his native county :
he was a resident of Colchester, and a man of some influence.
On the death of King William IV the parliament of Upper
Canada was dissolved, and Prideaux Girty and Colonel John
Prince were elected members of the House of Assembly. He
was a major during the Mackenzie Rebellion, and served with
credit throughout the troubles under Colonel Prince. He died
in Ohio, January 1853.— Butterfield's History of the Girtys, pp.
3°4» 3°5. 329. 400.
6 The Rev. Dr Henry Scadding in his Diary at Quebec has
the following under dates June 10 and n, 1838 :
'June 10. Trinity Sunday. . . . A sultry day. The prisoners,
Theller and Sutherland, brought here to-day from Toronto on
their way to New South Wales. The crowds assembled at the
wharf followed them up to the prison with whoops and huzzas.
This sounded unfeeling, but the arrival of the prisoners here has
been the only outward and visible sign of the rebellion that the
good people of Quebec have witnessed, and so their enthusiasm
is excusable.'June 11. Sheriff Jarvis dined here. He escorted the State
prisoners down from Toronto.' — Transactions of the Women's
Canadian Historical Society of Toronto, No. 6 (1906), pp. 23, 24.
It was in July of the same year that Dr Scadding came to
Toronto.— No. 6 (1906), pp. 23, 24.

CHAPTER XIII
THE BAD LUCK OF ESTHER PHELPS1
The Six Nation Indians, including the Mo
hawks, were, as a rule, faithful allies of
King George III during the American Re
volution and before. No small part was
played in the policy of these tribes by the
celebrated Sir William Johnson,2 Bart., who
after the death of his lawful wife formed a
connection with Molly Brant, the sister of
the celebrated Joseph Brant.3 A delightful
story is told of the young and charming Indian
girl winning the heart of the white man by
leaping upon the back of a spirited steed and
galloping past, her long black hair streaming
in the wind. He cherished her till his mys
terious death in 1774, and she bore him many
stalwart sons and beautiful daughters. The
marriage between the two was not unlike
the morganatic marriage at one time much in
vogue among the German princelings, and
still not wholly unknown — the status of the
ai7

218 OLD PROVINCE TALES
woman was not dishonourable, but the chil
dren did not succeed to their father's estate.
The loyalty of these Indians to British rule
resulted in most of them coming to Canada
on the establishment of the new Republic.
By direction of the home government, Sir
Frederick Haldimand, ' Captain General and
Commander in Chief of the Province of
Quebec and Territories depending thereon,
etc. etc.,' in October 1784 did ' authorize
and permit the Mohawk Nation and such
others of the Six Nation Indians as may wish
to settle in that quarter, to take possession
of and settle upon the banks of the river
commonly known as the Ouse or Grand River
running into Lake Erie, allotting to them for
that purpose six miles deep from each side
of the river . . . which them and their pos
terity are to enjoy for ever.' (The king of
course is above grammar — supra grammati-
cam.) This is often called a treaty ; but it
is not a treaty in any accurate sense of the
term. The Mohawks and others went into
possession of some of this splendid territory,
and there their descendants are still to be
found. A Mohawk maiden rejoicing in the name of
Esther captured the fancy of a white man, a

BAD LUCK OF ESTHER PHELPS 219
schoolmaster called Epaphrus Lord Phelps ;
and he married her. Three children were
born to them, who were an object of concern
to the tribe, as was their mother. Accord
ingly, in 1804, Captain Joseph Brant, prin
cipal chief and agent for the Six Nations,
made a lease for 999 years of one thousand
acres of land on the Grand river, part of
the Indians' lands, to Phelps for a provision
for his wife Esther and her three children.
Whence the schoolmaster derived his name,
' Epaphrus,' I cannot tell. It may be but
the name of the dear fellow-servant of whom
Paul speaks so lovingly in his letter to the
Colossians. Paul's friend, it is true, was
called Epaphras ; but orthography has not
always been carefully observed, even in
proper names. It may, however, be that the
perfectly good, if late, Greek adjective,
' epaphros ' (' covered with foam '), was
adopted as a name.
Marriage of a white with an Indian woman
was not in those days very uncommon ;
although the more usual union was that of
' Indian marriage,' such as Sir William John
son's with Molly Brant, sister of the great
war-chief. Troublesome times were in store for the

220 OLD PROVINCE TALES
pair. The United States declared war in
1812. We are accustomed to think and talk
as if the inhabitants of Canada then were, to
a man, enthusiastically loyal ; but that is
far from the truth. No one can read the
history of those times, the dispatches, the
legislation, without becoming aware that no
inconsiderable element of the population was
in some instances openly, in more secretly,
in favour of the invader. Many were de
nounced to the authorities and were obliged
to flee for their lives ; some were imprisoned.
The Term Books of the King's Bench are
full of cases of suspects being brought before
the court on habeas corpus ; some to be re
leased because there was no real ground of
suspicion, some to be remanded that the
attorney-general might lay a bill of indict
ment against them for high treason. It
is of record that in July 18 13 there were
twelve persons discharged from custody in one
day, Lieutenant-Colonel Battersby command
ing His Majesty's forces at the port of York
' having no charge against them.'
According to English law, which was also
the law of Upper Canada,4 when a man was
convicted of high treason and sentenced to
death, his land went to the king ; but to

BAD LUCK OF ESTHER PHELPS 221
be convicted and sentenced the man had to be
caught and brought into court ; and a shorter
and more certain method was desired in the
case of those who had made their escape from
the province. In 18 14 the legislature of Upper
Canada passed an Act which declared that
all persons who had land within the province,
and who had withdrawn or should withdraw
to the United States without a licence from
the governor, should be taken to be aliens
born, and incapable of holding lands within
the province. The Act further provided that
the governor might appoint commissioners to
inquire by the oath of twelve men and make
a return to the Court of King's Bench of all
such persons as should so withdraw to the
United States without a licence, and of their
lands ; and when the inquisition should be
justified (i.e. approved) the king should forth
with become the owner of the lands so found.
It is to be borne in mind that at that time
no alien could own land in Upper Canada.
Epaphrus ' withdrew ' to the United States
about June 1812 — no doubt for very good
reasons, as we find an indictment for high
treason returned against him at a court held
at Ancaster not long after. Ancaster was
then, and for some time before, the most

222 OLD PROVINCE TALES
important village between York (Toronto)
and Newark (Niagara) ; and, next after these
two places and Kingston, was the most im
portant place in Upper Canada. There the
courts sat : it had many fine private resi
dences and considerable trade, but its dis
tance from the head of navigation soon proved
its ruin ; Hamilton took its place and Ancaster
was deserted.
Phelps did not stand alone ; no less than
forty-three others were, at the same time, in
the same predicament. The indictment was
brought up into the Court of King's Bench
by order made in November 1814 ; next
term, January 18 15, the names of the in
dicted were called, and proclamation was
made ; this was repeated in July of the same
year, and a writ of exigent was issued against
each. This had the effect of outlawing any
one who did not appear. Phelps did not
appear, no doubt having a regard for his
neck and perfectly justified in his fear :
Canadian justice has never been lenient in
cases of treason, as the fate of M'Lane, of
Von Shoultz and his companions, of Lount
and Matthews, and of the Detroit raiders can
certify. Then came the question of the land of

BAD LUCK OF ESTHER PHELPS 223
those who were thus disposed of ; what land
they had must be determined. Abraham
Nelles was appointed a commissioner for
that purpose, a man of good United Empire
Loyalist stock, and of importance in the
community. He called a jury to meet at
the township of Grimsby in January 18 18
to inquire into the case of Phelps. The jury,
whose foreman was William Nelles, on
January 28, 18 18, found that when Phelps
had committed high treason and left the
country, June 1, 18 13, and when he became
outlawed, he was seized of the unexpired
term of the lease for 999 years in the thou
sand acres we have spoken of. Thereupon
the commissioner took possession of the land
for the king.
Later on in the same year the legislature
gave all persons claiming an interest in land
forfeited to the crown, the right to make a
claim before the commissioners within a
limited time : the commissioners were to pass
upon the validity of the claim, with an appeal
to the Court of King's Bench from their
decision. Besides this, the Act of 18 14 had
given to any one interested in any land de
clared to be forfeited one year from the
establishment of peace with the United States

224 OLD PROVINCE TALES
to dispute the inquisition. Peace was estab
lished December 1814 by the Treaty of Ghent.
Esther had not taken advantage of the
right under either statute to dispute the for
feiture of the land, and the time went past
for making claim. But she had powerful
friends ; and in 1821 she by statute was given
six months from the passing of the Act to make
her claim. Samuel Hull, of the Township
of Aldborough, was also favoured in the same
way by the Act — but that is another story.
Esther made her claim in the Court of
King's Bench ; and the whole story was
there told of her marriage and her babies,
the Mohawk Nation and their land on the
Grand River, Brant's deed to her husband
and its purpose, Phelps's treason and the in
quisition by a jury under Commissioner
Abraham Nelles. She had the best counsel
available, William Warren Baldwin,5 a man
of acute mind and great legal learning, who
stood at the very head of the Bar, having
no superiors and very few equals. (He was
the father of Robert Baldwin, even more
celebrated than his father.) The crown was
represented by Solicitor-General Henry John
Boulton, son of the Hon. D'Arcy Boulton,
one of the judges of the King's Bench. The

BAD LUCK OF ESTHER PHELPS 225
son was afterwards chief justice of New
foundland ; but he returned to Upper Canada
and died in this province. He also was subtle
and adroit, with a good fund of legal know
ledge which he well knew how to utilize to
the utmost.
The court was composed of Justices
Campbell and Boulton — the chief justice,
William Dummer Powell, being absent.
Campbell was a Scotsman who became a
private soldier in a Highland regiment ;
taken prisoner at Yorktown, he left the Army
in 1783, went to Nova Scotia and studied
law. He was called to the Bar and became
attorney-general of Cape Breton ; he was
nominated a judge of the King's Bench of
Upper Canada in 181 1. Becoming chief
justice in 1825, he died in Toronto nine years
thereafter — he was the first of the chief
justices to be knighted, an honour now almost
as of course. D'Arcy Boulton was an Eng
lishman : he came out in 1797 ; and after
remaining for about ten years in Augusta
township, he came to York. He received a
special licence to practise law in 1803, and
became an active practitioner. He was
created solicitor-general in 1805 ; and while
on his way to England he was, in 18 10, cap-
O.P.T,:U,C, p

226 OLD PROVINCE TALES
tured by a French privateer. Remaining in
a French prison till the short peace of 1814,
he in that year came home and was appointed
attorney-general. Made a judge in 18 18, he
resigned in 1825, dying a few years thereafter
in Toronto.
Dr Baldwin argued that the Indians were
a distinct though a feudatory people, quoting
learnedly from Vattel and other writers, that
the ' treaty ' made with the Indians was bind
ing, and therefore the woman could not pro
perly be an alien ; and as the land had in
reality been granted to Phelps in trust for
his wife, she should be allowed to hold it.
The solicitor-general took the ground, which
has ever since been held good law, that the
Indians are bound by the common law and
have no rights higher than those of other
people in respect of land, for they were and
are, like the whites, subjects of His Majesty :
they might indeed not have so great a right
in their lands as Englishmen had, but they
could in no case have a greater right. He
then pointed out that the Indian woman was
on her own showing ' a foreigner, and conse
quently no more entitled to hold lands than
a " frenchman " or any other foreigner ' — the
husband's allegiance fixes that of the wife,

BAD LUCK OF ESTHER PHELPS 227
The court held with the solicitor-general,
and Esther did not get her land. No doubt
she was looked after by her kinsfolk, but the
court could do nothing for her.
In the United States there has been, from
time to time, question as to the legal status
of Indians and Indian land ; in this province
there never has been any doubt that all the
land, Indian or otherwise, is the king's, and
that Indians are subjects in the same way as
others — there are . no troublesome subtleties
in Canadian law, in that regard, at least.
Now that ' a " frenchman " or any other
foreigner ' is capable of holding land in
Ontario, it is possible the decision would be
different ; but that the Court of King's
Bench was right in 1823 in deciding as it did,
there can be no doubt.6

NOTES TO CHAPTER XIII
1 The facts of the marriage of Esther Phelps and her fight
for the land granted to her husband are taken from the official
law report, Taylor's Reports of Cases Decided in the Court of
King's Bench of Upper Canada, pp. 47 sqq.
2 There are several lives of Sir William Johnson ; most, if
not all, have the story of his Indian wife, Molly Brant.
William Johnson was born at Warrenton, County Down,
Ireland, in 1715, and came to America in 1738, settling in the

228 OLD PROVINCE TALES
Mohawk Valley, New York, He had one son (afterwards Sir
John) and two daughters by his first wife. He formed a con
nection with Molly Brant about 1748. Made a baronet in 1755,
he served the crown faithfully till his death in 1774. His Indian
wife survived till 1796, ever true to her first love. She did not
give up the manners and costume of her tribe, but her daughters
were noted not only for their beauty but also for their graceful
ness and their knowledge of the accomplishments of the whites.
One became the wife of Dr Robert Kerr, an eminent surgeon of
Niagara ; another the wife of Ensign Lemoine of the 24th Foot ;
a third of Captain Farley of the 16th Foot ; another of John
Ferguson of the Indian Department ; and a fifth of Captain Earle
of the Provincial Navy.
3 The life of Joseph Brant has been written in great detail by
Colonel W. L. Stone. He speaks of the mystery surrounding
the death of Sir William Johnson. As to Brant, see note 5,
p. 94 ante.
Sir William's son, Sir John, was spoken of by his unlettered
admirers as ' Knight and Baronite ' ; he was knighted during his
father's lifetime, and succeeded to the baronetcy.
4 The law in what is now Ontario, and for a long time was
Upper Canada, had been since 1774 the French-Canadian law.
The parliament of Upper Canada was authorized by the Con
stitutional Act of 1791 to change the law, and at its first session
the first parliament by its first Act introduced the Common Law
of England in civil matters (1792).
8 As to Dr Baldwin, see chapters ii and viii ante, especially
note 7, pp. 145-147-
• Some doggerel has been written about this poor woman :
' As the husband is, the wife is—
Thou art mated to a Yankee,
An " Amurrican " by status
With thy rights plays hanky-panky.'
This is not much worse than many rhymes with which the grave
and reverend signiors of Bar and Bench are wont to lighten their
labours.

CHAPTER XIV
THE BANISHED BRITON
In April 1817 a Scotsman1 farming in Wilt
shire on part of the estate of the Duke of
Somerset left his farm, intending to visit
Canada and the United States, and to return
to wife and family within six months. He
was fated to remain in Canada for more than
two years, to become, almost in spite of
himself, a political agitator, to be banished
from the new province of Upper Canada,
under pain of death as a felon if he should
return, and, notwithstanding the law and
the threat, to return to be a thorn in the side
of friend and foe for many long years.
Such was Robert Gourlay— or, as at the
age of fifty-five he styled himself, Robert
Fleming Gourlay 2 — the ' Banished Briton,'
whose name can never be forgotten by those
acquainted with the early history, political and
economic, of Upper Canada. Born in Fife-
shire, Scotland, of an ancient Scottish stock,

230 OLD PROVINCE TALES
his father a Writer to the Signet3 who had
retired to farm life, Robert received a sound
education, finishing up at the universities of
St Andrews and of Edinburgh.4 He had
decided to devote himself to agriculture, and
his studies at the latter university were chiefly
along the line of scientific farming as it was
understood in those days.
Marrying and settling down to farm in his
native county, he soon displayed the faults
of temper and judgment which proved so
baneful to him in after life. He quarrelled
with the local magnate, the Earl of Kellie,
for a trivial reason hardly understandable by
a person of sense ; and partly for that reason,
partly on account of his health, and partly
for other reasons, he went to the south of
England, where he rented a farm from the
Duke of Somerset. Through his silly re
fusal to execute a formal lease he got into a
lawsuit with the duke — a Chancery suit — and
this kept him in hot water for many years.
His wife had some four hundred odd acres
of land in Dereham township, Oxford county,
in Upper Canada ; 5 he had himself bought
as much ; and he made up his mind that he
would come to the province and see what
could be done with the land. He arrived in

THE BANISHED BRITON 231
Upper Canada in June 18 17, visited the Perth
settlement on the Rideau, and came to Queens-
ton to the house of a relative, Mr Clark.
There he had the experience which every
traveller of the time complains of — he was
' eaten alive ' by mosquitoes.6 Most escaped
serious injury from this cause, however
annoying the experience, but Gourlay was of
a highly nervous temperament,7 the exaspera
tion of these pests — the outlaws of creation
— made him seriously ill, and he was con
fined to bed for two months. Thereby the
whole course of his life was changed — in fact,
the course of history in Upper Canada was
changed, at least in certain particulars.
Gourlay was not able to carry out his pro
jected trip to the West, to Illinois, etc., and
to return to his English farm ; he therefore
determined to remain in Upper Canada for a
time. He had it in mind even before arriving
in Canada to publish a statistical account of
the province ; and with that end in view, in
October 1817, he sent a number of questions
to the various parts of the country. One of
these queries unfortunately was : ' What in
your opinion retards the improvement of
your township in particular or the Province
in general, and what would most contribute

232 OLD PROVINCE TALES
to the same ? ' At that time much of the
land of the province was in the hands of
those in high places ; they did not improve
it, but held it for a rise. The ordinary farmer
had to pay for the roads, etc., which increased
the value of the land of the idle landholder ;
and much dissatisfaction was the result.
There were other grievances in respect of the
land grants, too, which contributed to the
dissatisfaction. There can be little doubt of the perfect
good faith of Gourlay in these inquiries : I
think there is none. But the rulers at that
time were a kind of Prussian ' Obrigkeit '—
they were, they thought, born to rule and
could not brook complaint. The question I
have quoted at length excited the suspicion
of the most powerful man of his day in the
province, the Rev. Dr Strachan, a member
of the Council and a man of great import
ance. No one else seems to have scented
treason in the innocent inquiry.8
Gourlay also printed in the Niagara Spec
tator an Address to the Freeholders of Upper
Canada, equally innocent but equally sus
pected. To his utter amazement he heard
of Dr Strachan's objections; but instead of
striving to allay the suspicions, with his usual

THE BANISHED BRITON 233
wrong-headedness he made a personal attack
on Dr Strachan in the press. Not satisfied
with this, he issued a second Address, which
was an open attack on the Government, and
proceeded to insult Dr Strachan 9 and the
Governor. Much newspaper controversy fol
lowed. Gourlay again made up his mind to
go back to England, but changed it once more
and determined to stay and become a news
paper editor.
He made a progress through the eastern
part of the province, success and failure
meeting him in turn : there was a tempest of
recrimination by and against him.10 At length
the Government determined to prosecute him
for seditious libel contained in one of his
addresses. He was triumphantly acquitted
by juries at Kingston and Brockville ; but
his triumph was short-lived.
In 1804 the legislature, alarmed at the
number of Americans, mostly republicans,
and Irishmen,11 many of them rebels, coming
into the province, passed one of the most
extraordinary pieces of legislation this or any
other country ever saw. Expressly passed ' to
protect His Majesty's subjects of the Province
from the insidious attempts or designs of evil
minded and seditious persons,' it authorized

234 OLD PROVINCE TALES
members of the Legislative and Executive
Councils and some other persons to cause to
be arrested any person who had not been an
inhabitant of the province for six months, or
who had not taken the oath of allegiance, if
they suspected him of endeavouring to alienate
the minds of His Majesty's subjects from his
person or government. When the suspect
was brought before those causing the arrest,
he must give full and complete satisfaction
as to his innocence or they might order him
to leave the province. If he omitted to do
so, he might be imprisoned and formally
tried for his refusal. If convicted on the
trial he was to be banished, under penalty of
death if he returned. It need not be pointed
out what a tremendous power was thus placed
in the hands of legislative and executive coun
cillors, subject to no kind of supervision or
regulation by the courts.
This statute, when it was passed, was con
sidered necessary by the best minds in the
province. The Honourable Richard Cart
wright, for example, speaks of it with approval
and states convincingly the causes calling for
its enactment ; and indeed it is not in prin
ciple different from that which gives the
Minister at Ottawa power to send from the

THE BANISHED BRITON 235
Dominion, immigrants of whom he disapproves.
But there was no need in Gourlay's time to call
the stringent provisions of this extraordinary
Act into force ; Upper Canada was loyal and
the agitation was mainly in respect of the
land policy.
Just at the time of Gourlay's activity the
local parliament passed another Act, at the
instance of the governor, Sir Peregrine Mait
land, an old officer of the Duke of Welling
ton's command. This forbade meetings such
as Gourlay had been holding. A statute so
high-handed and opposed to the principles of
British liberty naturally excited the indigna
tion of many, although parliament seems to
have accepted it without question. When
Gourlay heard of it, he broke out into poetry —
Gagg'd— Gagg'd, by Jingo.
Dear sweet Canada ! thou art gagg'd at last.
A babe of mighty Wellington, come o'er the sea,
Has, with thy own foul fingers, gagged thee.
Pleased with the success this doggerel met
with among his first hearers, he wrote and
published another Address, headed with the
above lines and urging meetings to protest
against the Act, to see that the representa
tives in the next parliament should be of the
right stripe, etc. etc., an address which in

236 OLD PROVINCE TALES
these days we should consider perfectly legi
timate and unobjectionable, differing in prin
ciple not at all from addresses against Free
Trade or the National Policy.
But this was the cap-sheaf to Gourlay's
iniquities in the eyes of the official class.
A warrant was issued for his arrest by two
legislative councillors at Niagara. He did
not prove that he had been an ' inhabitant '
of Upper Canada for six months, as indeed
he had not been (as the word ' inhabitant '
was interpreted at that time in the courts of
law) ; nor did he prove that he had taken the
oath of allegiance, for he had not done so (so
far as appears). But he then, as always, con
tended that the Act did not apply to him : his
contention in this respect is plainly absurd :
the Act was intended for those who had come
into the province without having as yet
become ' inhabitants ' and having taken the
oath of allegiance.
Gourlay did not attempt to prove his inno
cence of the charge against him ; it was
impossible for him to prove that he had not
been trying to alienate the minds of Cana
dians from the government. The councillors,
after a short deliberation, made an order for
him to leave the province. He refused, and

THE BANISHED BRITON 237
was committed to gaol at Niagara, to wait
for the assizes. He applied for release under
a writ of habeas corpus ; but that relief was
forbidden by the law as it then stood ; and
after a mid-winter journey round the head
of the lake to and from York, he went back
to his cell in Niagara.
His confinement was shamefully rigorous.
Cold in winter, the gaol was oppressively hot
and stifling in summer ; and at length
Gourlay's mind gave way to a certain degree.
His total misapprehension of his position was
not, however, due to this circumstance ; he
never could be made fully to understand that
the offence for which he was to be tried was
his disobeying the order of the councillors
to leave the province. He prepared a defence
against the charge of sedition ; but it is quite
manifest that he had and could have no
defence against the charge of disobedience
against the order. After nearly eight months
of confinement his trial came on at the
Assize Court at Niagara, There could be
only one result : he was found guilty and
ordered to leave the province.12
He obeyed without delay and soon made
his way to England. He found his home in
Wiltshire broken up by foolish management

238 OLD PROVINCE TALES
during his absence, and his wife and family
returned to Scotland ; and he went thither.
He was determined to make the righting of
his wrongs his object and occupation, if neces
sary for the rest of his life. He flooded the
Imperial parliament with petitions complain
ing of his treatment ; he persistently wrote
to men who he thought might assist him
(quarrelling with most of them, it may be
said), and at length struck Henry (afterwards
Lord) Brougham 13 with a horse-whip in the
Lobby of the House of Commons. Impri
soned for this and on suspicion of insanity,
he refused for nearly three years to allow his
friends to bail him out, preferring to be a
martyr for principle, although the principle
he supposed he was suffering for was (and is)
invisible to every eye but his own.
Failing of success in England, he deter
mined to return to Upper Canada. For a
time in England he had thrown himself upon
the rates and worked as a pauper, although
he had means and friends always ready and
willing to give him money for all his needs.
On his arrival at New York in February
1835 he sent a formal notice to the lieutenant-
governor, Sir John Colborne, protesting
against his treatment sixteen years before,

THE BANISHED BRITON 239
and added : ' I shall think myself justified
at any time to enter the Province there by
force of arms to recover my property, main
tain my rights and avenge my wrongs.' He
fortunately did not follow this by an imme
diate entry into the province, or he would
probably have been arrested as a traitor or
a madman. He went to Ohio, refused to take part in
William Lyon Mackenzie's movement, and
was of some assistance to the government of
Upper Canada during the short-lived Rebel
lion of 1837-38. From that time on, some
times in Canada, sometimes in the United
States, sometimes in Scotland, he pestered
the legislature of Upper Canada with petitions,
addresses, etc., concerning his treatment and
demands for redress. His case became the
football of party.14 Parliament was always
willing to deal generously with him, but he
insisted upon a confession that he had been
illegally treated. This he secured once from
the House of Assembly, but it was so palp
ably absurd that it was rejected by the other
House and never repeated. Of a pension
of £50 per annum he accepted only one
and refused the subsequent instalments :
a full pardon made him furious, but it was

240 OLD PROVINCE TALES
granted nevertheless. His request to address
the House in person was granted, but the
address proved a dismal failure. He ran for
parliament and was signally defeated. A
second marriage resulted in unhappiness, and
the old man of fourscore years and more left
the province — and finally — for his native
land, where he died in 1863, at the age of
eighty-five, with his spirit unbroken and his
sublime confidence in his own infallibility
wholly unshaken.
He adopted the title ' Neptunian ' 15 when
he took ship for this continent in 1833, claim
ing to be no longer a subject of King William,
but of Neptune ; at the same time he adopted
the middle name ' Fleming.' Some years
after he became ' The Banished Briton,' under
which name he covered reams of paper. He
invented the apothegm ' Man is a Recording
Animal ' and lived up to it. Many of his
pages are instructive, more are interesting,
while some are amusing and some painful.
A man of much native ability and un
daunted energy, without fear, well educated
and of good presence and striking personality,
being six feet two inches in height and finely
formed, he lacked but a sense of proportion,
common sense, to be a useful citizen if not a

THE BANISHED BRITON 241
really great man. His prosecution, strictly
legal as it was,16 was a disgrace to those who
set it on foot, whether the local councillors
Dickson and Claus, or, as is suspected, those
powerful in the government at York. No
better example can be found of the danger of
trusting to unskilled hands, irresponsible power
removed from the supervision of the law and
the courts. NOTES TO CHAPTER XIV
1 In the Transactions of the Ontario Historical Society for the
year 1916 will be found a Life of Gourlay, written by myself,
the facts of which are taken from his own writings. A full refer
ence to documents, etc., is there given, and I would refer all who
are interested in this extraordinary man to consult that publica
tion and the authorities referred to. (Nearly all will be found
either in ' The Riddell Canadian Library ' at Osgoode Hall or in
the Toronto Public Library.)
2 He took the name 'Fleming' as a middle name, after his
mother's death and in her honour, Fleming being her family name.
3 The Writer to the Signet in Scottish law corresponds not
remotely to our Solicitor.
4 He did not take a degree from either university.
5 She was a widow, and apparently received this land from
the estate of her deceased husband.
8 For example, John Howison, a surgeon in the East India
Company's service, who spent some two years and a half in
Upper Canada in the second decade of the nineteenth century,
and who has left us a most entertainingly written account of his
impressions of the country and its people, tells us the following
experience when staying for a night in Glengarry with the
Highlanders :
O.P.T.IU.C. Q

242 OLD PROViNCE TALES
The evening being far advanced, I was obliged to resolve
upon remaining with them all night. After listening for a
couple of hours to Gaelic, I followed the landlord to my
bedroom ; but the moment he opened the door, a cloud of
mosquitoes and other insects settled upon the candle and
extinguished it. He made signs that I should remain a few
moments in the dark; but I followed him downstairs and
firmly declined paying another visit to the apartment intended
for me, as it seemed to be already occupied.
7 The temperament of Gourlay is shown by his firm belief that
he went without sleep for five months at a time.
8 This appears from a book purporting to be written by his
brother, James Strachan of Aberdeen, who visited him in 1819,
but quite certainly the book was almost if not quite wholly Dr
Strachan's own production.
For some account of Dr Strachan, see chapter ii, p. 131 ante.
9 That Gourlay looked upon Dr Strachan as an inferior, a fool
and a scoundrel, is perfectly clear : that Strachan honestly re
garded Gourlay as a dangerous agitator is equally certain. It
was then, as from the times of the first governor, Simcoe, to
the present it has been, the favourite plan of a certain kind of
politician desiring to throw discredit on political opponents to
charge them with being disloyal to Canada and British connec
tion and desirous of annexation to the United States. Gourlay
did not escape this calumny, though there was no man more
loyal. 10 The conflict was not always confined to wordy encounter ;
more than once in his life Gourlay had to defend himself from
personal physical attack; at least once during this visit to
eastern Upper Canada he had to fight to preserve himself from
serious physical injury.
11 Many who had been implicated in the United Irishman
movement in the last decade of the eighteenth century came
from Ireland to Upper Canada for safety ; most of the Americans
came attracted by the lure of free land.
12 There has been much fine writing about this trial, but it was,
after all, a commonplace affair. The burst of maniac laughter,

THE BANISHED BRITON 243
for example, detailed by some writers has no basis in fact. Any
account of anything at all political about that time must be read
with great caution.
13 Gourlay's feeling against Brougham (which he treasured for
the remainder of his life) had as its ostensible basis the fact that
Brougham had not presented to the House of Commons with
proper emphasis a petition which Gourlay had entrusted to him.
If Gourlay was not quite insane — and that depends on the
definition of insanity— he was for a time in England perilously
near insanity.
14 He did not see eye to eye with the Reformers who championed
his cause — for example, he scoffed at Responsible Government,
the slogan of the Reformers for many years. But then Gourlay
did not believe in anything unless it was advanced by himself.
15 He published many numbers of a periodical which he called
The Neptunian, which gives an account of most of his life, and
is still interesting and amusing reading. A complete set (be
lieved to be unique) is in ' The Riddell Canadian Library ' at
Osgoode Hall.
18 Like the proceedings against the Earl of Selkirk, these
proceedings are generally represented as illegal, a charge wholly
unfounded. However shameful and uncalled for, the whole pro
ceedings against Gourlay were strictly in accordance with law.

CHAPTER XV
THE EARLY LIFE OF ONE CANADIAN PIONEER
Much, though by no means enough, has been
written concerning the earliest pioneers of
Upper Canada, the United Empire Loyalists,
and their early life and training, which fitted
them for the arduous task of opening up a
new country. But comparatively little has
been said of those who came later, whose
work was equally important, if less spectacular.
One of these was Edward George O'Brien,1
who had been an officer in both branches of
the Imperial service, and who took up land
in the township of Oro, in the midst of a
settlement in great measure of officers like
himself. The father of Edward George O'Brien was
a captain in the Royal Artillery and adjutant,
having, on account of services rendered in
the West Indies, been allowed to retire on
full pay ; and at the time of his son's birth,
January 8, 1799, he resided at Woolwich.
844

LIFE OF ONE CANADIAN PIONEER 245
Captain O'Brien had some property at Cratloe
near Limerick, to which he moved when the
lad was three years old. The family did not
remain long at Cratloe, but removed to
Cooldarah or Coolderry in King's County near
the town of Birr ; there the captain joined a
troop of yeomanry.
Lord Beresford, who was in command of
the forces in that part of the country, having
returned from his Egyptian campaign, was a
very intimate friend of Captain O'Brien's and
often visited at his house. To the end of
his life Edward O'Brien spoke of a childish
episode when he was not six years old. He
put on Beresford's cocked hat, and, taking
his sword for a horse, galloped around the
lawn with his brother Lucius, who had taken
his father's cavalry helmet and sabre for the
same purposes.
Captain O'Brien was appointed ordnance
paymaster on the fortifications at Cork, and
removed to that city. There the lad was
taught to manage a boat by his father, who
was a most skilful boatman ; but his educa
tion was chiefly in the hands of one Curtin,
and ' a better master than Curtin, boys never
had,' says his enthusiastic pupil half a cen
tury afterwards.

246 OLD PROVINCE TALES
The family took up a permanent residence
at the Retreat, beautifully situated on the
steep side of the Hill, east of the Cove of Cork,
now Queenstown Harbour. This was the
place at which in those days collected for
convoys the merchant fleets for India, the
Mediterranean, and America, and most of the
transports with reinforcements for the Duke
of Wellington in Spain.
The faithful teacher was settled on Spike
Island, and taught his pupils, seven or eight
in all — the sons of the army and naval officers
at the Cove — mathematics, practical as well
as theoretical, French, a little Latin and even
Greek — ' We were taught habitually to do
everything as well as possible, and whatever
we did know, to know accurately.' And
surely no better training could be given to
any youth.
Officer of the king as Captain O'Brien was,
he did not scruple to smuggle in for his own
use an occasional quarter-cask or two of
Madeira ; and the son tells with much gusto
of one occasion when he assisted in landing
from the Fortune wine which had been brought
from Madeira by Captain Vansittart (after
wards Admiral Vansittart of Woodstock,
Upper Canada).

LIFE OF ONE CANADIAN PIONEER 247
In 18 10 the boy went as a midshipman in
the Sybelle, a 38-gun frigate, Captain Clot-
worthy Upton. On his first cruise began his
' acquaintance with Jonathan, and a most
unmitigated lot of liars they were, never by
any chance could we get a word of truth
from any of them ; their log-books were
generally false, but . . . each man would
swear to them.'
From overwork and insufficient as well as
bad food, the boy's health and strength gave
way, and he was invalided home — ' a puny
delicate lad, moping with incipient liver com
plaint, timid and inert.' A short time at
home under a mother's care restored his
health and vigour, and towards the end of
18 12 he joined as signal-midshipman the
Doris, a 36-gun frigate fitting out at Ply
mouth for China and India, commanded by
Captain Robert O'Brien, his father's cousin
(afterwards in Canada as Admiral O'Brien).
The Doris joined the outbound fleet
composed of several line-of-battle ships
and heavy frigates with a large number of
smaller men-of-war. The ships to be con
voyed ranged from the first-class Indiaman
of 1400 tons down to the small Medi
terranean fruit carrier of 60 tons. O'Brien's

248 OLD PROVINCE TALES
first duty every morning was to count the
fleet from the masthead of his ship.
The difficulties of navigation in those days
find illustration in the fact that O'Brien, who,
owing to the exigencies of the service and
the state of the weather, was left behind by
his vessel at Teneriffe, could not regain her
till she arrived at the Macao Roads. A fast
whaler picked him up along with others, with
nothing more than the clothes he stood in,
and these in rags. Thus, as he says, ' without
a penny in my pocket I went on my first
voyage to the far east on board a vessel bound
to the far west.' Transferred from the whaler
to a China ship, the Warley, he took every
opportunity of self-improvement, receiving
instructions from the second mate, an excel
lent draughtsman. At Madras the midship
man was treated with the utmost kindness
by a resident, and was fitted out with new
clothes, etc. ; he there met Sir Samuel Hood,
the well-known admiral, and generally was
' laid in clover.'
He left the Warley at Penang and went on
board the Phoenic frigate, on which the
captain took him into his own cabin. At
Penang he took an interest in the ' Malays,
the Proas, and their Piracy and their trade ' ;

LIFE OF ONE CANADIAN PIONEER 249
marvelled at the Malays knocking about the
Chinese, ' whom they thought no more of
murdering than of killing a dog, sometimes
even cutting them up into pieces with their
creeses.' ' They are excellent tailors and
brilliant washerwomen, essentially slow but
very accurate, in all their dealings small
cheats.' Sailing among the innumerable islands in
the Canton estuary, a midshipman, Dawson
Maguire (afterwards an admiral), who had
landed to seek water, was captured by a body
of Chinese. The alarm being given, the
Chinese were themselves captured by the
ship's crew along with the half -dead midship
man. The captured Chinese were at once
demanded by the viceroy at Canton for
execution, as he said ; but Captain O'Brien
refused to give them up, as he was bound to
put a stop to attacks of this character, and
he more than suspected the viceroy. He
said he would hang them himself and fixed a
day for the execution. Bribery, threats, and
cajolery on the part of the Macao viceroy
and the Hong merchants were all tried, and
all tried in vain. Everything was prepared,
a tarpaulin was spread on the after-hatch
way grating on the quarter-deck, covered

250 OLD PROVINCE TALES
with sawdust, and the butcher's block placed
on it. The ugliest man in the ship (and
notoriously the kindest and best-natured),
the old yeoman of the gunner's storeroom,
stepped forward clad in the butcher's smock-
frock stained with blood (a sheep had been
killed that morning), and armed with the
butcher's cleaver, which he most ostenta
tiously began to whet with the huge copper
key of the magazine. Several stately and
superb mandarins, who had been sent by the
viceroy to make a last effort for mercy, were
conducted with much ceremony to the place
of execution. When all was ready, the first
lieutenant, on behalf of the whole crew, begged
for clemency for the culprits ; to this request
the captain graciously acceded, but insisted
on giving them something to remember —
and he drew the attention of the Cantonese
particularly to what it was.
They were triced up in succession amid
screeching and yelling and received a round
dozen from the boatswain's mates ; ' evi
dently a more serious affair than hanging
. . . cutting their heads off by comparison
a trifling matter.'
O'Brien mentions two other instances as
showing contempt of death and the effect of

LIFE OF ONE CANADIAN PIONEER 251
a punishment which would entail disgrace.
The first was in Calcutta, when certain
Dacoits were to be executed. They pulled
the rope around their necks themselves and
acted as their own executioners — this was
thought to be a great triumph by their caste.
The next lot were differently treated : the
common hangman bound them and fixed the
noose, and their bodies were carried to burial
by Pariahs, thus defiling them and depriving
them of Paradise — this was effective.
The other is a very curious circumstance.
When O'Brien was quartered in Nassau in
the Bahama Islands in 1817 or 18 18, a
superstition spread among the negroes on
the island of Guanahana (Cat Island) that
any one flinging himself off a certain rock
or point of land into the sea, which was
at that point very deep, would come to
life a great hero and a prince in his own
land. Many slaves were lost in this way,
when Mr Williams, the owner, determined
to put a stop to the practice. This he did
by recovering the corpse of the next suicide,
burying the body, and sticking up the head
on the top of a high pole.
When off Canton, O'Brien took part in
several conflicts with American ships, some

252 OLD PROVINCE TALES
unproductive : but one captain gave him as
his share £230 of prize money. Some men
of the crew, having been taken prisoner by
the Americans, were by them handed over
to the Chinese. Captain O'Brien demanded
them, and threatened that if they were not
delivered by a certain day he would land his
crew and burn Canton — rather a large threat,
230 or 250 men in broad daylight to burn a
city of two million — ' that he would have
done it, there is no doubt.' On the day
appointed everything was ready to take
the ship up to Canton and land, and the
order had actually been given ' Up Anchor,'
every boy and man at his station, when the
men were seen approaching in small ' snake-
boats.' They were taken on board and
heartily damned for spoiling the trip to
Canton. One very interesting episode is noted which
reminds us that ' blood is thicker than water.'
An American ship scaling her guns had not
taken care to see that they were all unshotted ;
one killed a Chinaman; the viceroy demanded
the man who had fired the unlucky shot
to be handed over for punishment, promising
a fair trial. The American consul was in a
quandary ; the American seamen refused to

LIFE OF ONE CANADIAN PIONEER 253
allow one of themselves to be given up, and
the British agreed to stand by them, not
withstanding the state of war between the
nations. When a half-caste Portuguese boy was
given up as the man who fired the shot, the
captains of the British merchantmen urged
the American consul to demand an open
trial, and offered to go up in such force as
should compel fair play. The consul pro
crastinated and negotiated, with the result
that the poor boy was set up against a door
and strangled.
After cruising off Canton for two years, the
ship was ordered to India ; O'Brien was sent
home in the Malacca frigate, as the severe
work and the unhealthy waters of the Canton
Bay had begun to tell on him. While lying
at Point De Galle in Ceylon, he saw the
destruction by fire of the Indiaman Bengal
of 800 tons. He reached Portsmouth imme
diately after the battle of Waterloo, June
1815, and went at once to his home at Cork.
There he was patched up in a medical way
and went to school again.
The war now being over, the prospect of
advancement in the navy became very slim.
His uncle, Colonel George Callender of Craig-

254 OLD PROVINCE TALES
forth, through his influence with an old friend,
Sir James Stewart, colonel of the 2nd Dragoons,
Scots Greys, procured him a commission as
cornet in that body. This was more pleasant
than profitable ; his prize money would about
fit him out with uniform, etc., but it would
cost £200 to £300 per annum to support his
rank. Accordingly, after being disappointed
in a staff position in the Rifle Brigade (because
the gallant general ran away with an old apple
woman), he exchanged into the 58th Foot
under orders for Jamaica. In the regiment
he had an uncle, a captain — Major O'Brien,
his father's youngest brother.
The regiment embarked at Cork in the
autumn of 18 16 and arrived at Kingston,
Jamaica, in good time, and joined the com
mand of Major-General O'Meara, ' a queer
old cove,' and very absent-minded, who was
soon succeeded by Major-General Conran, ' a
strict disciplinarian and savage-tempered,' a
curse to those who ' expected rest and quiet
ness in a West India station.' Of General
Conran a story is told. On the way out he
had quarrelled with a civilian, who had chal
lenged him to a duel ; they landed with their
seconds at Barbados to fight it out. Placed
on the field, the seconds made the usual

LIFE OF ONE CANADIAN PIONEER 255
preliminary inquiries, ' Are you ready ? ' the
civilian answered ' Yes,' but the general,
taking off his hat and apologizing for the
interference, said, ' Scarcely, I think. If the
gentleman will look on the ground, he will
see that the ball has dropped from his pistol
and is lying at his feet.' 2 Of course after
this there could be no fighting.
At this point the very interesting narrative
stops. We know from other sources that
O'Brien left the army and came to Canada
about 1828.3
He was a very useful settler ; 4 he became
a magistrate, and took a great part in all the
movements for the betterment of the people.
A strong Anglican, he was without bigotry
towards the members of other churches,
while he took an active part in the affairs of
his own. While not a prohibitionist, he was
a convinced temperance man,5 having been
confirmed in his opinions by the sight of
ravages wrought amongst his neighbours and
friends by strong drink. He was also active
in municipal matters, and generally he showed
himself a worthy citizen of a free country.
Much of his firmness of character and vigour
of intellect can reasonably be traced to his
early training, and it may be said with every

256 OLD PROVINCE TALES
confidence that such a boyhood and youth
would conduce to the making of a man fit
to meet any emergency and to play a great
part in any community.6

NOTES TO CHAPTER XV
1 Most of the facts concerning O'Brien have been obtained
from a manuscript in his handwriting which his son, Henry
O'Brien, Esq., K.C., was good enough to let me see.
Edward George O'Brien is thus described by one who knew
him well : ' In height about 5 f. 11 in. Strong handsome face,
Roman nose, and piercing Blue Eyes. Nervous temperament.
Very active and alert. Generous and impulsive. Quick to think
and act characteristic of Irishmen, and added to these the de
cision of character and a somewhat dictatorial manner the result
of early training under men who fought with Nelson and Welling
ton and learned from them.'
2 This will recall to some an incident related by Justin
M'Carthy, in his History of Ireland, of William Smith O'Brien,
the well-known Irish patriot, Colonel O'Brien's cousin. On one
of the several occasions when he was called upon, according to
the custom of that day, to uphold his honour at the end of a
pistol, just before the handkerchief dropped, he said, 'Stop! the
gentleman opposite to me has dropped the cap off the nipple of
his pistol.' In those days percussion caps were used, and his
opponent's pistol could not have gone off when the order to fire
was given ; but the Irishman wanted no advantage.
8 The (York) Courier of Saturday, May 15, 1830, contains the
following announcement :
' On Thursday, 13th May at the New Church, Thornhill, by
the Rev. Charles Matthews, A.M., Edward G. O'Brien, Esquire,
H.P. British Army, to Mary Sophia, second daughter of the
late Revd. Edmund Gapper of Carlton, Somerset, England.'

LIFE OF ONE CANADIAN PIONEER 257
4 The people of the present day know little or nothing of the
hardships of the early settlers. The story of how the present
village of ' Shanty Bay ' (five miles east of Barrie, the county
town of Simcoe) obtained its name is as follows :
Mr O'Brien, when he went to the north shore of Lake Simcoe
to take up his grant of land, arrived one winter night on the
south shore of Kempenfeldt Bay with his wife and child a few
months old. The next morning he crossed on the ice with a
party of axemen from Glengarry, and a sleigh load of supplies,
to the north shore. They went a few hundred yards into the
bush, and by nightfall had a clearing made and three log
shanties built, one for the family, one for the men, and one for
the kitchen. Mrs O'Brien, who had arrived about two years
before from an English parsonage, relates in her diary that there
being no cradles available she improvised one by wrapping up
the baby in blankets and depositing him on the top of a snow
drift, which seemed to please him. It also agreed with him, for
he lived and died a stalwart man of eighty-four, in the house
built by his father near the three shanties.
6 O'Brien, placed in charge of the settlement of half-pay
officers around Lake Simcoe with headquarters at Shanty Bay,
finding that drinking habits had become too prevalent, felt it his
duty to call the attention of his brother officers to the subject,
and asked their aid to ' pull up.' This was resented by some of
them, and an old naval friend, who was asked to give his assist
ance by agreeing to take nothing before his mid-day meal,
declined to make any such promise. The new temperance
advocate thereupon told him that he would not be offered any
hospitality of that sort when he called at ' The Woods ' (the
name of O'Brien's residence), to which his peppery friend replied
that he would expect his glass of brandy and water as usual.
On his next visit, however, he was not offered it ; on a return
visit he offered Colonel O'Brien the usual beverage, but the
latter refused to take it. This was in those days an insult, and
produced high words between the two old sailors, and resulted
in a challenge being sent to the colonel to fight it out in the old-
fashioned way. As the latter, however, was chairman of the
O.P.T.lU.C. R

258 OLD PROVINCE TALES
quarter-sessions and occupied a position of responsibility, he
expressed his regret that he was unable to indulge in a pastime
which was not new to him, and which under other circum
stances he would have been pleased to accept,— and so the
matter dropped.
Prohibitionists would, perhaps, be pleased to learn that the
family of not one of those half-pay officers remained on the
shores of Lake Simcoe except O'Brien's; they still live in the
house built by their ancestor.
' His sons are well known — the late Colonel O'Brien of Shanty
Bay, for long a member of parliament, who called no man
master ; Henry O'Brien, Esq., K.C., of Toronto ; and the artist,
the late Lucius R. O'Brien. I owe much ofthe material in these
notes to Mr Henry O'Brien's kindness.
The memory of this public-spirited settler and his wife is
preserved by a brass plate in the church at Shanty Bay, Ontario
— the inscription reads :
' In loving remembrance of
Edward George O'Brien.
Born January 8th, 1799 ; died September 8th, 1875.
Who having served his country by sea and land, became in 1890
founder of the Settlement and Mission of Shanty Bay.
And of Mary Sophia his wife.
Born June 29th, 1799 ; died October 14th, 1875.
Loving and Beloved ; a Mother in Israel.'

CHAPTER XVI
THE BALDOON MYSTERY
Thus far we have been on the perfectly safe
ground furnished by unimpeachable docu
ments : but no collection of Old Province
Tales would be complete without some refer
ence to our solitary piece of folk-lore. The
soil of Upper Canada did not lend itself to
the luxurious growth of myth and mystery.
The very few French settlers on the left bank
of the Detroit river had indeed their loup-
garou and other marvels in common with
their French-Canadian brethren of the lower
province, but the newcomer, the United
Empire Loyalist, while he had given up much
for the sentiment of loyalty to king and flag,
had a keen eye nevertheless to the main
chance. He had come to the new land
determined to make a living, and if possible
wealth for himself and his family, and was
too busy carrying out his design to have time
or inclination to trouble himself about wonders.
Those who came afterwards from the old
859

260 OLD PROVINCE TALES
land were of the same hard-headed kind ;
they in most cases paid down their own hard-
earned money to procure a passage to the
new country, and on their arrival found
enough to do to keep their head above water.
It may be confidently said that no immigrant
people who paid for their own transportation
ever evolved a myth or framed a bit of folk
lore. These are produced only in that stage
of human progress which is generally called
the patriarchal : whenever the stage of indi
viduality is reached, the mythopoeic faculty
atrophies and dies.
There were, however, immigrants to Upper
Canada who were not independent adven
turers, and who were still largely in the patri
archal state. Amongst them, and perhaps
the most striking example, were the settlers
at Baldoon. Lord Selkirk,1 a Scottish noble
man, was shocked at the misery of many
of the Highland people and determined to
relieve at least some of the unhappy ones by
bringing them across the Atlantic. He
thought first of the fertile land in the great
North-West then given up to the trapper,
but difficulties were thrown in his way, and
he determined upon taking his colony to the
east coast of Prince Edward Island, which

THE BALDOON MYSTERY 261
had been deserted by the former French in
habitants. In 1803 about eight hundred
colonists from the Highlands of Scotland
were placed on this delightful island. Selkirk,
however, had larger views : he came to Upper
Canada, carrying with him instructions from
Hobart 2 to the lieutenant-governor of Upper
Canada, to grant Selkirk twelve hundred
acres of land and also an additional two
hundred acres for each family he might induce
to settle in the province. Selkirk picked out
a section in the townships of Dover and
Chatham in the present county of Kent near
Lake St Clair : and there he brought some
twenty families from Prince Edward Island
and called the new settlement ' Baldoon.' 3
He induced Alexander Macdonell, the sheriff
of the Home District, to become the manager
of the new settlement, and had high hopes
of its future. But the situation was un
wholesome : marshes separated it from other
parts of the province; swamp fever and
malaria did their deadly work, and men and
beasts died in alarming numbers. Yet the
colony continued to eke out an existence,
though to add to its afflictions it was plun
dered by the American invaders in the War
of 1812.4

262 OLD PROVINCE TALES
It was among these people and their neigh
bours that the strange marvels arose which
constitute the ' Baldoon Mystery,' the only
bit of folk-lore of which the province can
boast. The story 5 begins with a party of
young girls in 1829 gathered in a barn to
pick and prepare straw for making straw
hats. The barn was of logs and, like most
buildings of the kind, had above its main
floor a ceiling of poles, forming a loft open at
the ends and floored with the poles. In the
midst of their girlish chatter and glee the
workers were startled by the fall amongst
them of one of the poles, but fortunately
without injury to any. This might have
been considered a mere accident ; but sud
denly another and another fell without any
discoverable cause. The frightened girls fled
to the house, but hardly had they taken up
household duties there than a crash of glass
was heard from the window and a bullet
dropped on the floor at their feet. This was
followed by another and another, and the
girls fled to the house of a neighbour, John
M' Donald.
Thereafter John M' Donald and his house
were the objects of supernatural manifesta
tions — ' the slow steady tramp of men march-

THE BALDOON MYSTERY 263
ing backwards and forwards with measured
hollow tread ' was heard passing the house
night after night ; bullets were thrown almost
daily through the windows, and the barri
cade of inch-thick boards which M'Donald
set up at each window proved ineffective ;
the bullets bored holes in the glass, but
passed through the boards without leaving
a trace of their passage. Then stones came
through in the same mysterious way. All
the neighbourhood was alarmed : none could
explain the extraordinary occurrences ; and
one rollicking young fellow who made merry
over the disturbances, and ' declared himself
perfectly able to combat all the ghostly
trickeries he could encounter in that house,'
was appalled in the middle of his boasting
by being struck by a stone which dashed
through the window almost before the words
had crossed his lips. Terrified, he picked up
the stone and threw it into the river : but
in a few moments it fell at his feet in the
room.
The mysteries took such strange fantastic shapes
That men would laugh e'en through falling tears.
A cradle in which an infant was lying suddenly
began to rock so violently that the babe was
nearly thrown out, and it took the combined

264 OLD PROVINCE TALES
strength of M'Donald and a neighbour to
hold the cradle still until the anxious mother
could snatch her child to her arms. Dishes
would rise from the table, the fire utensils
would clash on the earth, and even the
kettle would throw off its lid and dash itself
on the floor ; chairs and tables became alive
and apparently sentient, knives were thrown
without hands, soap became a projectile ; a
favourite dog, given by Mrs M'Donald a
porridge-pot to lick, was belaboured by the
ladle, which flew out of the pot of its own
accord ; leaden sinkers, elaborately removed
from M'Donald's seine by unseen hands, were
thrown into his house ; guns went off without
cause and money disappeared and reappeared ;
a ' pint cup of water that stood on the table
rose from its place and went round the room
through the air, and coming back emptied
itself on the floor.'
But all these manifestations were trifles
compared with what was to follow. Balls of
fire began to float through the air and set
fire to the house; fires would break out in
every room without apparent cause ; flax
clothing, etc., would flame out in spontaneous
combustion, and at length the dwelling was
consumed, the unfortunate M'Donald saving

THE BALDOON MYSTERY 265
not even his clothes. Taking refuge with his
brother-in-law, he did not escape persecu
tion ; the same manifestations (except the
fire phenomena) at once appeared in that
•place. When he removed to M'Donald's
father's house the tramping was renewed,
bullets broke the windows, stones from the
river were thrown into the house. And here,
too, calamity happened — oxen dropped dead
in the field, horses died in their stalls, hogs
sickened and died, and even the poultry
shared the same fate. Investigations made
by officers were fruitless, and M'Donald went
back in sorrow to his own place — in vain, for
he and his men one day saw a bundle of sticks
fly through the air and, falling on the barn,
set fire to it. This fire was extinguished, but
other fires followed, and on the third day the
barn was burned with all the grain.
A schoolmaster who had read much on the
subject of witchcraft endeavoured to exorcize
the evil spirit by commanding it in the name
of the Trinity to leave and by nailing up a
horseshoe ; but all in vain. The only result was
that the benevolent teacher was himself prose
cuted and tried at Sandwich for witchcraft;
but the ' spirits ' continued to act as before.
A Roman Catholic priest and an Indian medi-

266 OLD PROVINCE TALES
cine -man were equally unsuccessful, and
M'Donald's case seemed hopeless.
But a Methodist itinerant came with the
news of ' a doctor who had a daughter gifted
with second sight and the mystical power of
stone reading.' Elder and farmer made their
way — often beset with threatening voices and
other fearful sounds — to the doctor's resi
dence, eighty miles and more distant. They
were hospitably received by the physician,
who introduced them to his daughter, a
striking-looking girl of fifteen, fragile and
with an eerie and far-away expression. She
spoke of her magic stone which her father had
picked up in the fields and which some called
the moonstone ; and after some persuasion
she agreed to look into the stone for them,
though that involved great physical prostra
tion and much mental agony. She informed
M'Donald that one of his outbuildings was
burned but two hours before — and this on his
return he found to be true. But of much
greater importance was the information she
gave of the author of all the mischief — a stray
goose which M'Donald had once seen in his
flock and had attempted in vain to shoot. The
girl said, ' No bullet of lead would ever harm
a feather of that bird ... in that bird is the

THE BALDOON MYSTERY 267
destroyer of your peace. . . .' And she
added, ' Mould a bullet of solid silver and fire
at the bird : if you wound it, your enemy will
be wounded in some corresponding part of
the body.'
Joyfully M'Donald made his way home,
moulded his silver bullet, and made inquiry
about the goose. This he found to be well
known to his children : it had a dark head,
almost black, had two long dark feathers in
each wing, and was noticeable for making a
perpetual noise and for its continual rest
lessness. Soon the bird was discovered, the
gun aimed and fired, and the bird, with a cry
like that of a human being in agony, struggled
away through the reeds with a broken wing.
The doctor's daughter had spoken of a long
low log-house : M'Donald was not in doubt
of her meaning — there was a long low log-
house near to his farm, inhabited by an old
woman and her family who had tried without
success to buy M'Donald's land from him.
Thence through the long reeds he made his
way ; and there he found an old woman with
a broken arm resting on her chair. ' When
she saw him she shrank back, and John
M'Donald knew that the silver bullet had
found its billet.' The manifestations ceased

268 OLD PROVINCE TALES
and peace thereafter reigned supreme: but
the old woman suffered intense pain from her
injuries till death came to her relief.6

NOTES TO CHAPTER XVI
* See chapter x, p. 159 ante concerning Lord Selkirk.
2 Robert Hobart (fourth Earl of Buckingham), secretary of
state for the Colonial and War Departments in the Addington
administration, 1801-4 ; he was also in Pitt's ministry, but resigned
in 1805 with Sidmouth over the Melville affair.
8 Any good map of the county of Kent will show the
'Baldoon Settlement' occupying the north-east border of the
township of Dover, and running from near the city of Chatham
north-westerly to the river Sydenham. The local tradition is that
the name was originally ' Belledoon,' but it is probable that it was
called after the river in Wigtownshire, the scene of Sir Walter
Scott's Bride of Lammermoor ; we are told in the Preface to that
novel that 'the Right Worshipful Sir David Dunbar, Knight
Baronet ' of Baldoon (in the seventeenth century), was an ancestor
of the Selkirk family.
4 The contrast between the noble objects announced in Hull's
magniloquent proclamation and the conduct of more than one of
the American armies is startling— the destruction of Niagara and
Fort Dover, the pillaging of many places, were like the acts of
buccaneers or the Landsknechts of the Middle Ages rather than
of civilized soldiery. However the burning of the Capitol at
Washington may be reprobated, it must be remembered that it
was explicitly in retaliation for the vandalism of the American
troops in Upper Canada.
Alexander Macdonell was the brother of Angus Macdonell,
drowned in the Speedy disaster, as related in chapter vii, p. 126
ante. s Most of the material for the story is from a brochure : The I

THE BALDOON MYSTERY 269
Baldoon | Mystery | . . . Weird and Startling | Published at
Wallaceburg, Ont, by W. Colwell. Copyrighted.' 8vo, pp. 60,
with illustrations of the Haunted House, etc. Mr Colwell has
been good enough to permit me to use any material in his
publication, for which kindness I offer him my thanks. The
work contains a narrative and copies of statements made by
apparently credible and disinterested witnesses.
6 The phenomena in most part are like those mentioned by Sir
Walter Scott in his notes to Woodstock ; where they are not
invented (or at least grossly exaggerated) they were probably
due to the mischievous malice of two young men and one
daughter, children of the old woman in the ' long low log-house.'
The second sight and ' moonstone ' gazing are almost certainly
without solid foundation in fact ; we are not told the name or
residence of the doctor, and no particulars are given whereby he
or his daughter can be traced.
Shooting a witch with a silver bullet is trite wherever the
English language is spoken and in many other places : and that
the witch shall suffer in the part of the body in which her
counterfeit is wounded is inevitable.
It must be said that there are on record many cases in which
such marvels as were said to have been manifested at Baldoon
have been solemnly attested under oath in court ; and many old
women have been proved by the strongest of evidence, their own
admission, to be witches.
I may be permitted to quote certain words of my own in an
address before the Academy of Medicine, Toronto, November 7,
1916, on 'The Law and the Doctor' (Dominion Medical Monthly,
December 1916, note 1) : ' The conception of the inexorability of
the laws of nature is essentially modern. It has not yet made
its way everywhere, but most of the opposition to its full accept
ance is concerning the past, not the present. In medicine in the
amulet days, the laws of nature were considered modifiable by
human — and diabolical — means.
' It is often said that all such matters are questions of evidence ;
but that is not wholly true. A few centuries ago, the favoured
one could, by reciting some incantation, call to his assistance a

270 OLD PROVINCE TALES
legion of angels, good, bad, or indifferent. Aladdin could, by
rubbing his lamp, call the all-powerful genie to his service. Who
would believe such things now ? In the old law not long ago
many a poor old woman suffered death — a legal murder— because
legal evidence proved she was a witch, and God had said,
" Thou shalt not suffer a witch to live." Now, if fifty witnesses
swore they saw an old woman ride a broomstick through the
sky, no judge would allow the matter to go to a jury, and no
jury would convict.
' It is not simply a question of evidence — the whole manner of
looking upon nature has suffered a revolution.'
Prosecutions for witchcraft were for long the reproach of
English jurisprudence. While even in very early days we find
witchcraft looked upon with horror and fulminated against in the
laws of Edward and Guthrun, Ethelred and Canute, it was not
rigorously persecuted till after it was placed by the Church under
the head of heresies. Pope Innocent VIII in 1488 launched
his celebrated Bull against witches, calling the nations of Europe
to the rescue of the Church of Christ. In 1541 and 1551 laws
were passed in England against witchcraft: some had been
executed for sorcery even before these statutes, but it was the
Act of 1562 which caused the greatest number of prosecutions for
this offence. The Reformation did not put an end to this de
lusion in England, but rather increased the number of trials — as,
indeed, was the case also in Scotland. James I was notorious
for witch hunting, and during the reigns of his son and grandsons
the persecutions raged with great virulence. It was computed
that during the sittings of the Long Parliament three thousand
witches were executed in England, and from 1600 to 1680 not
fewer than five hundred annually — forty thousand in all of public
executions for this wholly imaginary crime. The last persons
hanged for witchcraft in England were, it is said, Mrs Mary Hicks
and her daughter Elizabeth (hardly eleven years of age), who con
fessed to having sold their souls to the devil, and to having
raised a storm at sea by which a certain ship nearly foundered.
This they accomplished, according to their own confession, by
taking off their stockings and making a lather of soap. They
were publicly hanged at Huntingdon, Saturday, July 17, 1716,

THE BALDOON MYSTERY 271
The custom of testing whether an accused person was a
witch by tying hands and feet together and 'dowsing' three
times in a pond or river lingered on in remote villages and half-
civilized communities for a long time ; if the unfortunate person
sank he or she was innocent, if floated, guilty of witchcraft.
Of course the faculty of seeing the occult still exists, especially
in childhood. For example, as I write there comes to me a
work by William Butler ^"eats, the Irish poet (Reveries over
Childhood and Youth, Macmillan). He tells us his recollection of
a childhood which seems to have been wholesome and natural.
' Though it was all years ago, what I am going to tell now must
be accurate, for no great while ago sho wrote out her unprompted
memory of it all and it was the same as mine. She was sitting
under an old-fashioned mirror reading and I was reading in
another part of the room. Suddenly I heard a sound as if
somebody was throwing a shower of peas at the mirror. I got
her to go into the next room and rap with her knuckles on the
other side of the wall to see if the sound could come from there,
and while I was alone a great thump came close to my head
upon the wainscot and on a different wall of the room. Later in
the day a servant heard a heavy footstep going through the empty
house, and that night, when I and my two cousins went for a
walk, she saw the ground under some trees all in a blaze of
light. I saw nothing, but presently we crossed the river and
went along its edge where, they say, there was a village de
stroyed, I think in the wars of the seventeenth century, and near
an old graveyard. Suddenly we all saw light moving over the
river where there is a great rush of waters. It was like a very
brilliant torch. A moment later the girl saw a man coming
towards us who disappeared in the water. I kept asking myself
if I could be deceived. Perhaps after all, though it seemed im
possible, somebody was walking in the water with a torch.
But we could see a small light low down on Knock-na-rea
seven miles off, and it began to move upward over the mountain
slope. I timed it on my watch and in five minutes it reached
the summit, and I, who had often climbed the mountain, knew
that no human footstep was so speedy,'

INDEX

Ackland, Gideon, 106, 115
n. 16.
'Albion' disaster, the, 152-4,
J55. 157 n- f
Allcock, Justice, 24.
Allen, William, a ' bloodthirsty
old Scotsman,' 210-11.
Ancaster, 221-2.
Anderson, John, 129 n. 7 ;
drowned in the 'Speedy'
disaster, 123.
Andriani, Count, 159, 177 n. 1.
Arthur, Sir George, lieut. -gov
ernor, 200, 201, 210.
Baby, Duperon, 8-9 ; 9, 10.
Baby, Francois, and Lord Sel
kirk, 163, 166, 167.
Baker, John, a Canadian slave,
126.
Baldoon, Selkirk's settlement
at, 159, 261, 268 n. 3 ; plun
dered by American invaders,
261, 268 n. 4 ; supernatural
occurrences, 262-8, 269 n. 6.
Baldwin, Robert, settles in
Canada, 145 n. 7; and the
Indians, 127 n. 2.
Baldwin, William Warren, 145
n. 7, 146-7; a 'heaven-born
lawyer/ 135, 138, 146, 171,224,
226 ; his duel, 138-9, 148 n. 10 ;
on the War of 1812, 139.
Bard, Eliza, 40.
Bathurst, Lord, 161, 174.
272

Berczy, William, his settle
ments, 185-9, I9° i. 6.
Bird, Captain Henry, 11 n. 3,
13 n. 7 ; his raid, 4-5, 8-9, 13
n. 8.
Bolivar, Simon, 45.
Boucher, Francois F., 171-2.
Boulton, D'Arcy, attorney-
general, 103, 162, 166-7, *68 ;
justice, 170, 172, 173, 176,
225-6.
Boulton, Henry J., 114 n. n ;
seconds Jarvis, 102-4 > solici
tor-general, 167, 171, 224-5,
226.
Boulton, James, 105, 108, in,
114 n. 14.
Brant, Joseph, 94 n. 5, 184, 217,
219 ; Anne Powell on, 78 ; his
opinion of Red Jacket, 95 n. 6.
Brant, Molly, 217, 227 n. 2.
Breakenridge, Dr, 207-8.
Breckenridge, Mary Warren,
127 n. 2.
Britain. See Great Britain.
Brock, Isaac, his glorious
death at Queenston Heights,
139-40, 142.
Brougham, Lord, assaulted by
Gourlay, 238, 243 n. 13.
Brown, Paul, 171-2.
Browne, Robert, 38.
Buller, Charles, 52, 59 n. n.
Cameron, Duncan, seconds

INDEX

273

Macdonell, 138-9 ; at Queens-
ton Heights, 140 ; 147 n. 9.
Campbell, Justice, 170 ; first
chief justice to be knighted,
225.
Canada : a journey west in
1789, 66-92 ; revenue troubles,
157 n. 2 ; not all loyal in
War of 1812, 220 ; law
and land, 227. See Upper
Canada.
' Canadian Letters,' etc., 35
n. 1, 24-15, 26 n. 4.
Cartwright, Hon. Richard, 43
n. 3i 93 n- 3. 132, 234; his
grandsons, 144 n. 2.
Clark, General George Rogers,
12 n. 4.
Clarke, Isaac Winslow, and
the ' Boston Tea- Party,' 42
n. 1, 92 n. 2 ; marries Anne
Powell, 65, 66-7.
Claus, William, 236, 241.
Clay, Henry, 135.
Cochrane, Justice, 125 - 6 ;
drowned in the 'Speedy'
disaster, 122, 123.
Cockburn, Sir James, 37.
Coffin, William F., 93 n. 2.
Colborne, Sir John, 238.
Colwell, W., his Baldoon
mystery, 269 n. 5.
' Commission day,' 124, 129
n. 8.
Conran, General, 254-5.
Cowan, George, 123.
Cozens, Mr, 119, 127 n. 2.
Cromwell, Mr, 1x5 n. 16.
Dennie, Mr, 68-70.
De Peyster, Major Arent, 10-
n, 13 n- 7-
De Reinhard, 169-70.
Dessalines, Emperor, his dis-
O.P.T..-U.C. <

pute with Jeremiah Powell,
30, 31-2, 38, 190 n. 3.
Detroit, early days under British
rule, 3, 4, 10, 43 n. 4, 64-5,
88-92 ; ' Patriot' headquarters
at, 194. 195-
Dickson, William, 98, 113 n. 5 ;
his duel, 98, 99-100; causes
Gourlay's arrest, 236, 241.
Dorchester, Lord, 29, 119.
Doyenhaussen, Countess, 63.
Drummond, Sir Gordon, 161,
162.
Duelling: never lawful, but
prevalent, 96, 147 n. 7 ;
Blackstone on, 97 ; the ' un
written law,' 97, 116 n. 18 ;
Chief Justice Robinson on,
no ; the Code, 115 n. 17, 147
n. 10; duels in UpperCanada,
23-4; 98; "*-3i "3 n. 6;
106-7 ; II2> n6 n. 19.
Dummer, Anne, 136. See
Powell, John (elder).
Duncan, Captain and Mrs,
70-1.
Earle, Captain, 228 n. 2.
Elliott, Matthew, 5, 6, 7-8, 10.
Emmett, Thomas Addis, 45.
Falconbridge, Sir Glenholme,
114 n. 12.
Farewell, A. M. and W., and
the Sharp murder, 117, 123,
127 n. 1.
Firth, Serjeant, deserts his
post, 137, 138.
Fisher, Frederick, joins Bird's
expedition, 9, 10.
Fisk, John, 123.
Fitzgerald, Lord Edward, 93
n. 4 ; his visit among the
Indians, 78, 82, 88, 90.

274

OLD PROVINCE TALES

FitzGibbon, Captain, 102, 113
n. 8 ; Colonel, 198.
Fletcher, Chief Justice, 116
n. 18.
Forbes, R. B., 30.
Fort William, 160, 161 ; seized
and occupied by Lord Sel
kirk, 161-2, 164, 175, 178 n. 2.

Gamble, Clarke, 24.
Girty, Prideaux, 216 n. 4; and
Colonel Prince, 197, 198.
Girty, Simon, 5-6, 7, 9, 12
n. 5.
Godoy, Don Manuel, 50, 54, 58
n. 10, 61.
Gore, Francis, lieut -governor,
57 n. 6, n. 2, 48, 137.
Gourlay, Robert, 229-30, 241
n. 2, n. 4 ; his visit to Canada,
229, 230-1 ; the mosquitoes,
231 ; his innocent inquiry leads
to personal attack and insult,
231-3, 235; scores in prosecu
tion for libel, 233 ; imprisoned
on refusing to leave the pro
vince, 236-7, 241, 113 n. 5;
assaults Brougham in Eng
land, 237-8, 243 n. 13 ; his pro
test from New York, 238-9;
refuses to join the 'Patriot'
movement, but continues to
demand redress, 239, 216
n. 3 ; his pardon and return to
Canada, 239-40; ' Neptunian'
and ' Banished Briton,' 240,
243 n. 15 ; on Dr Strachan,
242 n. 9 ; a striking person
ality, 240-1, 242 n. 7, n. 10,
243 n. 14.
Graham, Captain, 8, 10.
Grant, Alexander, adminis
trator, 47, 56 n. 2,

Gravina, papal nuncio, 53, 55,
59 n. 13.
Gray, Robert Isaac Dey, 126,
129 n. 11 ; drowned in the
' Speedy ' disaster, 122, 123.
Great Britain : encourages Mir
anda, 33, 34, 38, 40, 44, 45; and
the new American republic,
64-5, 95 n. 8 ; fighting the bat
tles ofthe world, 135 ; * blood
thicker than water,' 252-3.
Hagerman, C. A., 208 ; ' Hand
some Kit,' 209.
Haggerty, Mr, 197-8.
Haldimand, Sir Frederick, 10-
n, 12 n. 4, 218; and Mir
anda, 46.
Hale, Sir Matthew, 97.
Hamilton, Henry, commandant
at Detroit, 4, 5, 7, 12 n. 4.
Hamilton, Robert, 93 n. 3 ; and
the Powells, 78, 79.
Hamilton, Dr, 109.
Handes, William, 163.
Head, Sir F. B., 198, 199.
Herchmer, Jacob, 123.
Hobart, Robert, 268 n. 2 ; and
Selkirk, 261.
Holland, Lord, 58 n. 9; his
letter on Powell's behalf, 50,
53> 54 ; his account of Pow
ell's appeal, 61-2.
Holland, Lady, 58 n. 9, 59 n. 13,
62, 63.
Home District, the, 119-21.
Hood, Sir Samuel, 248.
Home, Robert Charles, 113
n. 9 ; and Jarvis, 102.
Howison, John, his mosquito
experience, 241 n. 6.
Hudson Bay Co., 159, 160.
Hughes, Rev. D. H., 114 n. 16.
Hughes, D. J., 114 n. 16.

INDEX

275

Hughes, Elizabeth, 114 n. 16;
her part in a duel, 105, 109.
Hull, General, invades Canada,
139, 268 n. 4.
Hull, Samuel, 224.
Hunter, Peter, lieut. -governor,
57 n. 2 ; and the • Speedy '
disaster, 128 n. 6.
Indians : and the La Force
settlement, 3, 9, 10, 12 n. 6 ;
and the Continentalists, 4, 5 ;
Anne Powell's visit among,
82-8, 90 ; and marriage with
whites, 219.
Jarvis, Samuel Peters, his quar
rel, fight, and duel, 100-4;
marries Mary Powell, 142.
Jarvis, Sheriff, 211, 216 n. 5.
Jarvis, Mary Boyles, the 'belleof
York,' 136, 149, 157 n. 3 ; and
John Macdonell, 137, 141-2.
Jarvis, ^Emilius, 103, 148 n. 13.
Jefferson, President, 12 n. 4 ;
and Miranda, 45.
Jenner, Dr, his letter on Powell's
behalf, 50, 54, 60; his great
influence, 58 n. 7.
Jessup, Edward, 129 n. n.
Johnson, Sir John, 228 n. 2.
Johnson, Sir William, 94 n. 5,
126 ; and Molly Brant, 95
n. 5, 217, 227 n. 2.
Kent, Duke of, 18, 50.
Kerr, Dr Robert, 228 n. 2.
Kingsford, William, 214.
La Force, Rene, his loyalty and
tragic end, 1-3, n n. 2.
La Force, Agnes, 1, 9 ; and her
slaves, 9-10, n, n n. 2 ; 12
n. 6.

La Force settlement, the, 2-3,
9 ; its surrender, 9-10, 12 n. 6.
Landecherry, Don Pedro de, 51,
52, 54-
Le Due, M., 9 ; 10.
La Rochefoucault-Liancourt,
Due de, 27 n. 7 ; quoted, 17,
20, 130, 177 n. 1, 180, 189 n. 1.
Law, early. See under Upper
Canada.
Law Society of Upper Canada,
formation of, 22, 26 n. 5, 28,
126, 134-5, 138, 147 n. 7.
Le Lievre, Henry, seconds
Lyon, 106-7, 109, 115 n. 17.
Lockwood, Elias, 118, 123.
Lyndhurst, Lord, 93 n. 2.
Lyon, Robert, his fatal duel,
105-7, 108-9, II0-
M'Donald, John, his super
natural experiences at Bal
doon, 262-8.
Macdonell, Alexander, manager
at Baldoon, 129 n. 12, 261,
268 n. 4.
Macdonell, Angus, 126-7, 130,
r34-5 > drowned in the
'Speedy' disaster, 123.
Macdonell, John, his early
years, 133-5 > his family con
nections, 134; called to the
Bar, 135 ; joins the militia,
136 ; and the ' belle of York,'
136, 137 ; attorney-general,
137-8 ; his duel, 138-9 ; aide-
de-camp to Brock, 139 ; mor
tally wounded at Queenston
Heights, 140-1, 142-3; a
touching tribute, 141; his will,
142.
M'Kee, Alexander, 5, 6-7, 10,
13 n. 8.
M'Kenzie, Daniel, 173.

276

OLD PROVINCE TALES

Mackenzie, W. L., joins the
' Patriot ' movement, 192, 193,
213 ; and Gourlay, 239.
M'Lean, Lieut. A., 140; chief
justice, 148 n. 12.
M'Vickar, Mrs, 40.
Maitland, Sir Peregrine, 235.
Markham, German settlement
at, 187-9.
Miranda, Francisco de, 33, 40-
41 ; 44 ; his expeditions to
free Venezuela, 33-5, 38 ; 39 ;
44-6 ; his sad fate, 39.
Mississaugas, the, 118, 119.
Mitchell, Dr, 163-4 > l67> l68-
Mohawks, their location in
Canada, 217-18.
Monroe, James, 51.
Mosquitoes, an entertaining in
cident, 241 n. 6.
Mulock, Dr, 112.
Murney, Maria, 127 n. 2.
Murray, Charles, 50, 58 n. 7.
Murray, George, his generosity
and devotion, 32, 36, 37, 38,
56 ; his poor return, 56 n. 1.
Navy Island, 'Patriot' head
quarters at, 192, 194.
Nelles, Abraham, 223.
Nepean, Evan, 26 n. 3; and
White, 16.
Newark, origin of, 14 ; society
of, 20-1 ; Law Society founded
at, 22.
Newcastle, District of, 120-1 ;
old town, 121-2.
North-West Co., their hostility
to settlers at Red River, 160-
161; their quarrel with Selkirk,
162, 163, 164, 169-73, 179 n. 7.
O'Brien, Admiral, 247 ; his
practical joke, 249-50, 252.

O'Brien, Edward George, 255-6,
256 n. 1 ; early years, 244-6 ;
midshipman, 247-53 ; some
interesting yarns, 248-53 ;
joins the Army and goes to
Jamaica, 253-4; settles in
Canada, 255, 256 n. 3, 257
n. 4 ; his temperance crusade,
257 n- 5 I his sons, 258 n. 6.
O'Brien, Henry, 256 n. 1, 258
n. 6.
O'Brien, William Smith, 256
n. 2.
Ogden, Charles R., 93 n. 2.
Ogetonecut, his murder boast,
119, 123, 127 n. 2.
' Onondaga,' the, 19, 27 n. 9.
Ontario, the early county, 121,
128 n. 4.
Osgoode, Chief Justice, 15, 16.
Oyer and Terminer, court of,
168, 178 n. 4.
' Patriot' movement, the, 192-4,
197, 204-5, 206-7 ; Bois Blanc,
195-6 ; the invasion of Canada,
213 ; Canadians not enthus
iastic, 213, 215 ; some opinions
of the ' Patriots,' 200, 204-5,
208, 212.
' Patroon system,' the, 187.
Paxton, Captain, his protest
before the ' Speedy ' disaster,
122, 124, 125, 128 n. 6.
Paxton, Thomas, 128 n. 6.
Petit-Thouars, Du, 181-2, 190
n. 4.
Phelps, Esther, a Mohawk
maid, 218 ; marries Epaphrus
Phelps, 219; the land-grant
in trust for Esther, 219, 226 ;
Epaphrus goes over to the
United States in 1812, 221 ;
the land declared forfeit, 222-

INDEX

277

223; Esther's bad luck, 224-7
n. 1.
Powell, Anne (elder), 92 n. 1,
42 n. 1, 64-5, 71-2 ; her account
of her journey from Montreal
to Detroit, 65-92, 29.
Powell, Anne (younger), 43
n. 3 j her contempt of public
opinion, 149-50 ; the Lady of
the party, 151-2 ; her tragic
voyage, 152-6, 157 n. 4.
Powell, Grant, 28, 48 ; at Queens-
ton Heights, 140, 141 ; and
his sister Anne, 151.
Powell, Jeremiah, the ' Pirate,'
28-30; his trade venture at
Haiti and dispute with Des
salines, 30-2, 38 ; joins Mir
anda's expedition, 33-6 ; made
prisoner by the Spaniards, 35-
36 ; his release, 37, 47, 55-6,
60-1 ; an incident in his cap
tivity, 39-40 ; his appointment
at Curacao, 37-8; his tragic
fate, 38-9 ; his attractive per
sonality, 41, 46.
Powell, John (elder), his bet to
marry Anne Dummer, 136-7.
Powell, John (younger), the
' Saviour of Toronto,' 28, 36,
47, 48 ; marshal of assize,
47; at Queenston Heights,
141 ; 198.
Powell, Mary Boyles, 43 n. 3.
See Jarvis, Mary Boyles.
Powell, William Dummer, his
parentage, 41 n. 1,9211. 1, 136-
137 ; his family, 28-9, 42 n. 2, 43
n. 3 ; his career, 42 n. 1 ; as
a barrister, 10 ; 'first judge,'
16, 17, 19, 64, 95 n. 7 ; his
journey to Detroit, 64-89 ;
Justice Powell and John
Baker, 126 ; his troubles

in connection with his son
Jeremiah, 30, 36, 37, 38, 47,
142 ; his journey to Spain on
his behalf, 47-56, 58 n. 8, 60-
61, 62-3 ; British envoy, 51-3,
54 ; chief justice in the Sel
kirk affair, 162, 165-6, 168,
170-3, 175, 176 ; while in Eng
land receives news of his
daughter Anne's tragic end,
150, 155-6; his MSS., 11
n. 1, 12 n. 6, 13 n. 8, 26 n. 4,
59 n. 15, 62.
Powell, Mrs, 42 n. 1, n. 2, 43
n. 3 ; and Jeremiah, 30, 32,
37i 38, 40. 47. 48 ; the journey
to Detroit, 70, 73, 76, 77, 83,
89 ; and her daughter Anne,
150, 151, 155.
Prince, Colonel John, 216 n. 4;
112 ; his arrest of Sutherland,
197-8 ; his encounter with
Theller, 205-6, 207, 208.
Prince Edward Island, Selkirk's
colony at, 260-1.
' Prince of the Peace.' See
Godoy.
Puisaye, Comte de, his settle
ment, 182-5, l89, I9° n- 5-
' Pulteney Settlement,' the, 186,
191-
Pulteney, Sir William, 191.
Queenston Heights, battle of,
140.
Radenhurst, T. M., 105.
' Radical Settlers,' the, 104.
Red Jacket, 85-7, 95 n. 6.
Red River, settlement at, 160-1.
Ridout, George, 100-1, 199.
Ridout, John, attacks Jarvis in
the street, 102 ; his fatal duel,
102-3.

278

OLD PROVINCE TALES

Ridout, Thomas, 100-1.
Ridout, Mrs, her unguarded
words, 100, 101, 104.
Ridout, T. G., 100.
Robertson, Major, 50, 58 n. 8.
Robertson, Simon F., seconds
Wilson, 106-7.
Robinson, Christopher, 129
n. n.
Robinson, J. B., 'the hand
somest man in York,' 137 ;
and Anne Powell, 150, 151 ;
his commission to England,
^Sh r57 n. 2 ; attorney-gen
eral in the Selkirk affair, 168,
169, 171, 174-6 ; chief justice
in the Wilson-Lyon duel
case, 107-8, 110-11 ; and
Theller, 209.
Rochfort, Thomas, 154.
Roe, Walter, 16, 17 ; his career,
26 n. 5.
Ruggles, James, 123.
Russell, Peter, 16 ; fond of
office, 26 n. 4,
St George, Quetton, 183.
Saint Tronc, Colonel de, 63.
San Domingo, the immigrants
from, 180 ; the massacres at,
189 n. 3.
Sandwich (L'Assomption), 43
n. 4 ; the courts at, 89, 95 n. 7.
Scadding, Dr Henry, quoted,
116 n. 19 ; 152 ; 216 n. 5.
Selkirk, Earl of, 159, 50; his
settlements in Canada, 159-
160, 260-1, 268 n. 3 ; takes
drastic measures against the
North-West Co., 161-2, 170-
173 ; defies warrants for his
arrest, 163-5 > interviews Chief
Justice Powell, 165-6; his
surrender and trial, 166-9;

luck against him, 170-3 ; his
charge of perversion of justice
refuted, 174-7, x78 n. 5 ; his
death, 177,
Selleck, Captain, 124.
Semple, Governor, his murder,
160, 170-2.
Shanty Bay, why called, 257
n. 4.
Sharp, John, his murder, 118,
125.
Shepherd, Sir Samuel, 15.
Sherbrooke, Sir John, 170.
Sherwood, Samuel, 171, 208,
209 ; Levius P., 171.
Simcoe, John Graves, 20; lieut-
governor, 14, 18, 19, 21, 93
n. 3, 118, 120, 128 n. 4, 132,
186-7, 190 n. 4; and Mrs
Small, 24,
Simcoe, Mrs, 20.
Six Nations, the, 217-18. See
Mohawks.
Slavery in Canada, 126, 129
n. n ; 9-10.
Small, James E., 114 n. 10;
seconds Ridout, 102-4 i an(i
Theller, 209.
Small, John, 20-1, 25 ; his duel,
23-4, 98 ; tried and acquitted,
24.
Small, Mrs, 21 ; and John
White, 21, 23; in disfavour
with York society, 24-5, 27
n. 13.
Smith, Colonel, the price of his
life, 60-1.
Smith, Sir D. W., Bart., 189
n. 1.
Smith, William, his arrest of
Selkirk, 164, 167; gets dam
ages, 173.
Spam, and Miranda's Vene
zuelan expedition, 35, 39, 45 ;

INDEX

279

her generous treatment, 60-1 ;
relations with Britain, 51.
' Speedy ' disaster, the, 122-5.
Stegman, John, 123.
Stewart, Dr, 112.
Stoughton, Don Juan and
Tomaso, 48-9.
Strachan, John, his early career
and character, 131-3; his
schools, 133, 134, 144 n. 1 ;
as intercessor, 101, 151 ; sus
picious of Gourlay, 232, 242
n. 8, n. 9.
Strangford, Lord, 52, 54, 59
n. 12.
Sutherland, T. J., a 'Patriot'
general, 193, 215 n. 1 ; his
mission at Detroit, 194-6 ;
retires from the 'Patriot'
cause, 196-7 ; his arrest and
sentence, 197-9 > attempts
suicide, 199 ; sent to Quebec,
200, 211, 216 n. 5; released,
201-2, 210.
Sussex, Duke of, 50, 52.
Taylor, Thomas, 138-9.
Textor, L. E., quoted, 190 n. 5.
Theller, E. A., 202-3, 214, 215
n. 1 ; an American citizen,
203, 208 ; practises medicine
in Montreal and Detroit, 203-
204 ; a ' Patriot ' general, 204 ;
a d  d piratical scoundrel,
205-6, 207 ; 'nicely scrupulous
about the law,' 205, 206 ; his
capture and sentence, 206-10 ;
reprieved and sent to Quebec,
210-12, 216 n. 5 ; escapes,
212-13, 202 ; his after career,
213-15 ; on Sutherland, 193,
190, 200, 202.
Theller, Mrs, 203, 210.
Thorpe, Justice, 58 n. 6; his

opposition to the Government
98, 112 n. 4 ; notorious, 126.,
Toronto, 21 ; the grab for land;
22; duels in, 23-4, 98, 102,
the gaol, 119.
'Toronto Yacht,' 47, 57 n. 3.
United Empire Loyalists, 20;
early days among, 70-4.
United States, and Miranda's
expedition, 45; the new re
public, 1, 4, 64-5, 95 n. 8 ; the
feeling against Britain, 135,
139 ; ' blood thicker than
water,' 252-3.
Upper Canada, law in, 14-17, 19,
57 n. 4, 96-7, 129 n. 8, 228
n. 4 ; more free than law-
abiding, 17; the grab for land,
22 ; 'heaven-born lawyers,'
138, 146 ; prevalence of duel
ling in, 90, 97 ; early travel,
121-2 ; education in, 143 n. 1,
*33> z34i J46; revenue troubles
with Lower Canada, 157
n. 2 ; early immigrants, 180-9,
244, 259 ; the ' Patriot ' move
ment, 196, 204-5, 2I3! land
laws against traitors, 221-3 ;
the land grievance, 232 ; the
Alien Act, 233-5 ! her solitary
piece of folk-lore, 259, 262,
269 n. 6.
Van Rensselaer, General, 193,
194, 216 n. 3.
Vansittart, Admiral, 246.
Venezuela, Miranda's expedi
tion to, 33-6, 39, 40, 44-5.
War of 1812, declaration of,
139-
Weekes, William, 98, 112 n. 3,

280

OLD PROVINCE TALES

113 n. 5, 122 ; his fatal duel,
98-9 ; his estate scandal, 99.
Wellington, J. M., his story in
connection with the ' Speedy '
disaster, 124-5, 129 n. 9.
White, John, 15-16, 19-20, 25
n. 2 ; his threat to a jury, 14-
15 ; attorney-general, io, 17,
19, 21, 22 ; his election to the
House of Assembly, 18-20 ;
his fatal duel, 21, 23-4, 98;
his grab for land, 22.
Whitley, Rev. J. N., quoted,
157 n. 4, n. 6.
Wickersham, G. W., 59 n. 15.
Willcocks, Joseph, 58 n. 6.
Williams, Captain, and the
'Albion' tragedy, 152, 153-4.

Williamson, Captain Charles,
186, 190 n. 6.
Wilson, Ebenezer, 105, 115 n. 16.
Wilson, John, his duel, 105-7;
his trial, 108- 1 1 ; his after
career, 111-12, 115 n. 16.
Wilson, Mrs. See Hughes.
Windham, the French colony
at, 183-5, 189.
Witchcraft, 269 n. 6 ; a case of
in Canada, 265.
Wyatt, Charles Burton, 58
n. 6.
Yeats, W. B., a mysterious
happening, 271.
York. See Toronto.
Yrujo, Marquis de, 49, 56, 60.

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