Part 32

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

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

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

_Digression Southward at Bay Street._

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

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

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

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

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

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

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

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

_Osgoode Hall_.

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

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

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

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

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

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

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

After filling the office of Chief Justice in Upper Canada, Mr. Osgoode was removed to the same high position in Lower Canada. He resigned in 1801 and returned to England. Among the deaths in the _Canadian Review_ of July, 1824, his is recorded in the following terms:--"At his Chambers in the Albany, London, on the 17th of February last, Wm. Osgoode, Esq., formerly Chief Justice of Canada, aged 70. By the death of this gentleman," it is added, "his pension of L800 sterling paid by this Province now ceases." It is said of him, "no person admitted to his intimacy ever failed to conceive for him that esteem which his conduct and conversation always tended to augment." Garneau, in his History of Canada, iii., 117, without giving his authority, says that he was an illegitimate son of George III. Similar tattle has been rife from time to time in relation to other personages in Canada.

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

"Farewell, Toronto, of great glory, Of valour, too, in modern story; Farewell to Courts, to Lawyers' Hall, The Justice seats, both great and small: Farewell Attorneys, Special Pleaders, Equity Draftsmen, and their Readers. Canadian Laws, and Suits, to song Of future Bard, henceforth belong."

Thus closed a curious production in rhyme entitled _Curiae Canadenses_, published anonymously in 1843, but written by Mr. John Rumsey, an English barrister, sometime domiciled here. In one place is described the migration of the Court of Chancery back from Kingston, whither it was for a brief interval removed, when Upper and Lower Canada were re-united. The minstrel says:

"Dreary and sad was Frontenac: Thy duke ne'er made a clearer sack, Than when the edict to be gone Issued from the Vice-regal Throne. _Exeunt omnes_ helter skelter To Little York again for shelter: Little no longer: York the New Of imports such can boast but few: A goodly freight, without all brag, When comes 'mongst others, Master Spragge. And skilful Turner, versed in pleading, The Kingston exiles gently leading."

To the last three lines the following note is appended:--

"J. G. Spragge, Esq., the present very highly esteemed and respected Master of the Court of Chancery; R. T. Turner, Esq., a skilful Equity Draftsman and Solicitor in Chancery. See _Journals of House of Assembly, 1841_."

The notes to _Curiae Canadenses_ teem with interesting matter relating to the laws, courts, terms, districts and early history, legal and general, of Lower as well as Upper Canada. A copious table of contents renders the volume quite valuable for reference. The author must have been an experienced compiler, analyst and legal index maker. In the text of the work, Christopher Anstey's poetical "Pleader's Guide" is taken as a model. As a motto to the portion of his poem that treats of Upper Canada he places the line of Virgil, "_Gensque virum truncis et duro robore nata_," which may be a compliment or not. The title in full of Mr. Rumsey's brochure, which consists of only 127 octavo pages, is as follows:--"Curiae Canadenses; or, The Canadian Law Courts: being a Poem, describing the several Courts of Law and Equity which have been erected from time to time in the Canadas; with copious notes, explanatory and historical, and an Appendix of much useful Matter. Itur in antiquam sylvam, stabula alta ferarum; Procumbunt piceae, sonat icta securibus ilex, Fraxineaeque trabes: cuneis et fissile robur Scinditur: advolvunt ingentes montibus ornos.--_Virgil._ By Plinius Secundus. Toronto: H. and W. Rowsell, King Street, 1843." The typography and paper are admirable. The _Curiae_, in a jacket of fair calf, should be given a place on the shelves of our Canadian law libraries.

We pause for a moment at York Street, opposite the east wing of Osgoode Hall.

It rather puzzles one to conceive why York Street received its name. If a commemoration of the Duke of York of sixty years since was designed, the name of the whole town was that sufficiently already. Frederick Street, besides, recorded his specific Christian name, and Duke Street his rank and title. Although interesting now as a memento of a name borne of old by Toronto, York Street, when Toronto was York, might well have been otherwise designated, it seeming somewhat irrational for any particular thoroughfare in a town to be distinguished by the name of that town.--A certain poverty of invention in regard to street names has in other instances been evinced amongst us. Victoria Street, for example, was for a time called Upper George Street, to distinguish it from George Street proper, so named from George, Prince of Wales, the notable Prince Regent. It is curious that no other name but George should have been suggested for the second street; especially, too, as that street might have been so fittingly named Toronto Street, as being situated within a few feet of the line of the original thoroughfare of that name which figures so largely in the early descriptions of York.--If in "York Street" a compliment had been intended to Charles Yorke, Secretary at War in 1802, the orthography would have been "Yorke Street."

After all, however, the name "York Street" may have arisen from the circumstance that, at an early period, this was for teams on their way to York, the beaten track, suddenly turning off here to the south out of Dundas or Lot Street, the line of road which, if followed, would have taken the traveller to Kingston.

The street on the west of the grounds of Osgoode Hall is now known as University Street. By the donor to the public of the land occupied by the street, it was designated Park Lane--not without due consideration, as is likely. In London there is a famous and very distinguished Park Lane. It leads from Oxford Street to Piccadilly, and skirts the whole of the east side of Hyde Park. The position of what was our Park Lane is somewhat analogous, it being open along its whole length on the left to the plantations of an ornamental piece of ground. Unmeddled with, our Park Lane would have suggested from time to time in the mind of the ruminating wayfarer pleasant thoughts of a noble and interesting part of the great home metropolis. The change to University Street was altogether uncalled for. It ignored the adjoining "College Avenue," the name of which showed that a generally-recognized "University Street" existed already: it gave, moreover, a name which is pretentious, the roadway indicated being comparatively narrow.

Of the street on the east side of the grounds of Osgoode Hall we have already spoken. But in connection with the question of changes in street names, we must here again refer to it. In this case the name "Sayer" has been made to give place to "Chestnut." "Elm Street," which intersects this street to the north, probably in some vague way suggested a tree name. "Elm Street," however, had a reason for its existence. Many persons still remember a solitary Elm, a relic of the forest, which was long conspicuous just where Elm Street enters Yonge Street. And there is a fitness likewise in the names of Pine Street and Sumach Street, in the east; these streets, passing through a region where pines and sumachs once abounded. But the modern Chestnut Street has nothing about it in the past or present associated with chestnut trees of any kind. The name "Sayer" should have been respected.

It is unfortunate when persons, apparently without serious retrospective thought, have a momentary chance to make changes in local names. Chancery might well be invoked to undo in some instances what has been done, and to prohibit like inconsiderate proceedings in the future. Equity would surely say that a citizen's private right should be sustained, so long as it worked no harm to the community; and that perplexity in the registration and description of property should not needlessly be created.

Although we shall forestall ourselves a little, we may here notice one more alteration in a street-name near Osgoode Hall. William Street, immediately west of the Avenue leading to the University, has in recent times been changed to Simcoe Street. It is true, William Street was nearly in a line with the street previously known as Simcoe Street; nevertheless, starting as it conspicuously did somewhat to the west of that line, it was a street sufficiently distinct to be entitled to retain an independent name. Here again, an item of local history has been obliterated. William Street was a record on the soil of the first name of an early Chief Justice of Upper Canada, who projected the street and gave the land. Dummer Street, the next street westward, bears his second name.