Part 37

Capt. S. Smith, whose name follows those of Capt. Macdonell and Col. Shank, was afterwards President Smith, of whom already. The park lot selected by him was subsequently the property of Mr. Duncan Cameron, a member of the Legislative Council, freshly remembered. At an early period, the whole was known by the graceful appellation of Gore Vale. Gore was in honour of the Governor of that name. Vale denoted the ravine which indented a portion of the lot through whose meadow-land meandered a pleasant little stream. The southern half of this lot now forms the site and grounds of the University of Trinity College. Its brooklet will hereafter be famous in scholastic song. It will be regarded as the Cephissus of a Canadian Academus, the Cherwell of an infant Christ Church. The elmy dale which gives such agreeable variety to the park of Trinity College, and which renders so charming the views from the Provost's Lodge, is irrigated by it. (The cupola and tower of the principal entrance to Trinity College will pleasantly, in however humble a degree, recall to the minds of Oxford-men, the Tom Gate of Christ Church.)--After the decease of Mr. Cameron, Gore Vale was long occupied by his excellent and benevolent sister, Miss Janet Cameron.

On the steep mound which overhangs the Gore Vale brook, on its eastern side, just where it is crossed by Queen Street, was, at an early period, a Blockhouse commanding the western approach to York. On the old plans this military work is shown, as also a path leading to it across the Common from the Garrison, trodden often probably by the relief party of the guard that would be stationed there in anxious times.

In the valley of this stream a little farther to the west, on the opposite side of Queen Street, was a Brewery of local repute: it was a long, low-lying dingy-looking building of hewn logs; on the side towards the street a railed gangway led from the road to a door in its upper storey. Conspicuous on the hill above the valley on the western side was the house, also of hewn logs, but cased over with clap-boards, of Mr. Farr, the proprietor of the brewery, a north-of-England man in aspect, as well as in staidness and shrewdness of character. His spare form and slightly crippled gait were everywhere familiarly recognized. Greatly respected, he was still surviving in 1872. His chief assistant in the old brewery bore the name of Bow-beer. (At Canterbury, we remember, many years ago, when the abbey of St. Augustine there, now a famous Missionary College, was a Brewery, on the beautiful turretted gateway, wherein were the coolers, the inscription "Beer, Brewer," was conspicuous; the name of the brewer in occupation of the grand monastic ruin being Beer, a common name, sometimes given as Bere; but which in reality is Bear.)

The stream which is here crossed by Queen Street is the same that afterwards flows below the easternmost bastion of the Fort. A portion of the broken ground between Farr's and the Garrison was once designated by the local Government--so far as an order in Council has force--and permanently set apart, as a site for a Museum and Institute of Natural History and Philosophy, with Botanical and Zoological Gardens attached. The project, originated by Dr. Dunlop, Dr. Rees and Mr. Fothergill, and patronized by successive Lieutenant-Governors, was probably too bold in its conception, and too advanced to be justly appreciated and earnestly taken up by a sufficient number of the contemporary public forty years ago. It consequently fell to the ground. It is to be regretted that, at all events, the land, for which an order in Council stands recorded, was not secured in perpetuity as a source of revenue for the promotion of science. In the Canadian Institute we have the kind of Association which was designed by Drs. Dunlop and Rees and Mr. Fothergill, but minus the revenue which the ground-rent of two or three building lots in a flourishing city would conveniently supply.

Capt. AEneas Shaw, the original locatee of the park-lot next westward of Colonel Shank's second lot, was afterwards well known in Upper Canada as Major General Shaw. Like so many of our early men of note he was a Scotchman; a Shaw of Tordorach in Strathnairn. Possessed of great vigour and decision, his adopted country availed itself of his services in a civil as well as a military capacity, making him a member of the legislative and executive councils. The name by which his house and estate at this point were known, was Oakhill. The primitive domicile still exists and in 1871 was still occupied by one of his many descendants, Capt. Alex. Shaw.--It was at Oakhill that the Duke of Kent was lodged during his visit to York in his second tour in Upper Canada. The Duke arrived at Halifax on the 12th of September, 1799, after a passage from England of forty-three days, "on board of the Arethusa."

Of Col. Joseph Bouchette, whose name is read on the following allotment, we have had occasion already to speak. He was one of the many French Canadians of eminence who, in the early days, were distinguished for their chivalrous attachment to the cause and service of England. The successor of Col. Bouchette in the proprietorship of the park lot at which we have arrived, was Col. Givins.--He, as we have already seen, was one of the companions of Gov. Simcoe in the first exploration of Upper Canada. Before obtaining a commission in the army, he had been as a youth employed in the North-West, and had acquired a familiar acquaintance with the Otchibway and Huron dialects. This acquisition rendered his services of especial value to the Government in its dealings with the native tribes, among whom also the mettle and ardor and energy of his own natural character gave him a powerful influence. At the express desire of Governor Simcoe he studied and mastered the dialects of the Six Nations, as well as those of the Otchibways and their Mississaga allies.--We ourselves remember seeing a considerable body of Indian chiefs kept in order and good humour mainly through the tact exercised by Col. Givins. This was at a Council held in the garden at Government House some forty years since, and presided over by the then Lieutenant-Governor, Sir John Colborne.

Col. Givins was Superintendent of Indian Affairs down to the year 1842. In 1828 his name was connected with an incident that locally made a noise for a time. A committee of the House of Assembly, desiring to have his evidence and that of Col. Coffin, Adjutant General of Militia, in relation to a trespass by one Forsyth on Government property at the Falls of Niagara, commanded their presence at a certain day and hour. On referring to Sir Peregrine Maitland, the Lieutenant-Governor at the time, and also Commander-in-Chief of the Forces, permission to obey the mandate of the House was refused. Col. Givins and Col. Coffin were then arrested by the Sergeant-at-arms, after forcible entry effected at their respective domiciles, and were kept confined in the common gaol until the close of the session.

The following is Col. Coffin's letter to Major Hillier, private secretary to the Governor, on the occasion: "York, March 22nd, 1828. Sir,--I beg leave to request that you will state to the Lieutenant Governor that in obedience to the communication I received through you, that His Excellency could not give me permission to attend a Committee of the House of Assembly for the reason therein stated, that I did not attend the said Committee, and that in consequence thereof, I have been committed this evening to the common gaol of the Home District, by order of the House of Assembly. I have therefore to pray that His Excellency will be pleased to direct that I may have the advice and assistance of the Crown Officers, to enable me take such steps as I may be instructed on the occasion. I have the honour, &c., N. Coffin, Adjt. Gen. of Militia."

No redress was to be had. The Executive Council reported in regard to this letter that upon mature consideration they could not advise that the Government should interfere to give any direction to the Crown Officers, as therein solicited. Sir Peregrine Maitland was removed from the Government in the same year. Sir George Murray, who in that year succeeded Mr. Huskisson as Colonial Secretary, severely censured him for the line of action adopted in relation to the Forsyth grievance.

Colonels Givins and Coffin afterwards brought an action against the Speaker of the House for false imprisonment, but they did not recover: for the legality of the imprisonment, that is the right of the House to convict for what they had adjudged a contempt, was confirmed by the Court of King's Bench, by a solemn judgment rendered in another cause then pending, which involved the same question.

Although its hundred-acre domain is being rapidly narrowed and circumscribed by the encroachments of modern improvement, the old family abode of Col. Givins still stands, wearing at this day a look of peculiar calm and tranquillity, screened from the outer world by a dark grove of second-growth pine, and overshadowed by a number of acacias of unusual height and girth.

Governor Gore and his lady, Mrs. Arabella Gore, were constant visitors at Pine Grove, as this house was named; and here to this day is preserved a very fine portrait, in oil, of that Governor. It will satisfy the ideal likely to be fashioned in the mind by the current traditions of this particular ruler of Upper Canada. In contour of countenance and in costume he is plainly of the type of the English country squire of a former day. He looks good humoured and shrewd; sturdy and self-willed; and fond of good cheer.

The cavalier style adopted by Gov. Gore towards the local parliament was one of the seeds of trouble at a later date in the history of Upper Canada. "He would dismiss the rascals at once." Such was his determination on their coming to a vote adverse to his notions; and, scarcely like a Cromwell, but rather like a Louis XIV., though still not, as in the case of that monarch, with a riding-whip in his hand, but nevertheless, in the undress of the moment, he proceeded to carry out his hasty resolve.

The entry of the incident in the Journals of the House is as follows: "On Monday, 7th April, at 11 o'clock a.m., before the minutes of the former day were read, and without any previous notice, the Commons, to the great surprise of all the members, were summoned to the bar of the Legislative Council, when his Excellency having assented, in his Majesty's name, to several bills, and reserved for his Majesty's pleasure the Bank bill, and another, to enable creditors to sue joint debtors separately, put an end to the session by the following speech:--'Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly,--The session of the provincial legislature having been protracted by an unusual interruption of business at its commencement, your longer absence from your respective avocations must be too great a sacrifice for the objects which remain to occupy your attention. I have therefore come to close the session and permit you to return to your homes. In accepting, in the name of his Majesty, the supply for defraying the deficiency of the funds which have hitherto served to meet the charges of the administration of justice and support of the civil government of this province, I have great satisfaction in acknowledging the readiness manifested to meet this exigence.'"

Upper Canadian society was, indeed, in an infant state; but the growing intelligence of many of its constituents, especially in the non-official ranks, rendered it unwise in rulers to push the feudal or paternal theory of government too far. The names of the majority in the particular division of the Lower House which brought on the sudden prorogation just described are the following:--McDonell, McMartin, Cameron, Jones, Howard, Casey, Robinson, Nellis, Secord, Nichol, Burwell, McCormack, Cornwall. Of the minority: Van Koughnet, Crystler, Fraser, Cotter, McNab, Swayze, and Clench.

Six weeks after, Governor Gore was on his way to England, not recalled, as it would seem, but purposing to give an account of himself in his own person. He never returned. He is understood to have had a powerful friend at Court in the person of the Marquis of Camden.

One of the "districts" of Upper Canada was called after Governor Gore. It was set off, during his regime, from the Home and Niagara districts. But of late years county names have rendered the old district names unfamiliar. In 1837, "the men of Gore" was a phrase invested with stirring associations.

The town of Belleville received its name from Gov. Gore. In early newspapers and other documents the word appears as Bellville, without the central _e_, which gives it now such a fine French look. And this, it is said, is the true orthography. "Bell," we are told, was the Governor's familiar abbreviation of his wife's name, Arabella: and the compound was suggested by the Governor jocosely, as a name for the new village: but it was set down in earnest, and has continued, the sound at least, to this day. This off-hand assignment of a local name may remind some persons that Flos, Tay and Tiny, which are names of three now populous townships in the Penetanguishene region, are a commemoration of three of Lady Sarah Maitland's lap-dogs. Changes of names in such cases as these are not unjustifiable.

In fact, the Executive Council itself, at the period of which we are speaking, had occasionally found it proper to change local names which had been frivolously given. In the _Upper Canada Gazette_ of March 11th, 1822, we have several such alterations. It would seem that some one having access to the map or plan of a newly surveyed region, had inscribed across the parallelograms betokening townships, a fragment of a well-known Latin sentence, "_jus et norma_," placing each separate word in a separate compartment. In this way Upper Canada had for a time a township of "Jus," and more wonderful still, a township of "Et." In the number of the _Gazette_ of the date given above these names are formally changed to Barrie and Palmerston respectively. In the same advertisement, "Norma," which might have passed, is made "Clarendon."

Other impertinent appellations are also at the same time changed. The township of "Yea" is ordered to be hereafter the township of "Burleigh," with a humorous allusion to the famous nod, probably. The township of "No" is to be the township of Grimsthorpe; and the township of "Aye," the township of Anglesea.--The name "Et" may recall the street known as "Of" alley, on the south side of the Strand, in London, which "Of" is a portion of the name and title "George Villiers, Duke of Buckingham," distributed severally among a cluster of streets in that locality.

Gov. Gore was so fortunate as to be away from his Province during the whole of the war in 1812-13-14. He obtained leave of absence to visit England in 1811, and returned to his post in 1815, the Presidents, Isaac Brock, Roger Hale Sheaffe, and Gordon Drummond, Esquires, reigning in the interim.

Under date of York U. C., Sept., 30, 1815, we read the following particulars in the _Gazette_ of the day:--"Arrived on Monday last the 25th instant, His Excellency Francis Gore, Esq., Lieutenant-Governor of the Province of Upper Canada, to reassume the reins of government. His Excellency was received with a cordial welcome and the honours due to his rank; and was saluted by his M. S. Montreal, and Garrison."

We are also informed that "On Wednesday the 27th instant, he was waited on by a deputation, and presented with the following address: To His Excellency, Francis Gore, Esq., Lieutenant-Governor of the Province of Upper Canada, &c., &c., &c. We, the Judges, Magistrates and principal Inhabitants of the Town of York, in approaching your Excellency to express our great satisfaction at beholding you once more among us, feel that we have still greater reason to congratulate ourselves on this happy event. Our experience of your past firm and liberal administration, by which the prosperity of the Province has been so essentially promoted, teaches us to anticipate the greater benefit from its resumption; and this pleasing anticipation is confirmed by our knowledge of that paternal solicitude which induced you while in England to bring, upon all proper occasions, the interests of the Colony under the favourable attention of His Majesty's Government; a solicitude which calls forth in our hearts the most grateful emotions. We rejoice that the blessings of peace are to be dispensed by one who is so well acquainted with the wants and feelings of the Colony; and we flatter ourselves that York, recovering from a state of war, (during which she has been twice in the power of the enemy), will not only forget her disasters, but rise to greater prosperity under your Excellency's auspicious administration. York, September 27th, 1815. Thos. Scott, C.J., W. Dummer Powell, John Strachan, D.D., John McGill, John Beikie, M.P., Grant Powell J.P., W. Chewett, J.P., J. G. Chewett, W. Lee, Sam. Smith, W. Claus, Benjamin Gale, D. Cameron, D. Boulton, jun., George Ridout, And. Mercer, Thomas Ridout, J.P., W. Jarvis, Sec. and Reg., S. Jarvis, J.P., John Small, J.P., W. Allan, J.P., J. Givins, E. MacMahon, J. Scarlett, S. Heward, Thos. Hamilton, C. Baynes, John Dennis, P. K. Hartney, Jno. Cameron, E. W. McBride, Jordan Post, jun., Levi Bigelow, John Hays, T. R. Johnson, Lardner Bostwick, John Burke, John Jordan, W. Smith, sen., W. Smith, jun., J. Cawthra, John Smith, Alex. Legge, Jordan Post, sen., Andrew O'Keefe, S. A. Lumsden, John Murchison, Thomas Deary, Ezek. Benson, A. NcNabb, Edward Wright, John Evans, W. Lawrence, Thos. Duggan, George Duggan, Benjamin Cozens, Philip Klinger, and Sheriff Ridout. To which His Excellency was pleased to make the following answer: Gentlemen: After so long an absence from this place it is particularly gratifying to find the same sentiments of cordiality to me, and of approbation of my conduct, which I experienced during my former residence in this Province. It is but doing me justice to say that, while in Europe, I paid every attention in my power to promote your prosperity; and such, you may be assured, shall be my future endeavour when residing amongst you; earnestly hoping that, under the fostering care of our Parent State, and under that security which Peace alone can bestow, this Colony will speedily become a valuable, though distant part of the British Empire. York, 27th September, 1815."

On the 7th of the following month, it is announced that "His Royal Highness, the Prince Regent acting in the name and on the behalf of His Majesty, has been pleased to appoint Thomas Fraser, Esquire, of Prescott, Neil McLean, Esquire, of Cornwall, Thomas Clark, Esquire, of Queenston, and William Dickson, Esquire, of Niagara, to be members of the Legislative Council; Samuel Smith, Esquire, of Etobicoke, to be a member of the Executive Council, and Doctor John Strachan, to be an Honorary Member of the same Council."

By one of the acts passed during the administration of Gov. Gore, the foundation was laid of a parliamentary library, to replace the one destroyed or dispersed during the occupation of York in 1813. In the session of 1816, the sum of L800 was voted for the purchase of books for the use of the Legislative Council and House of Assembly.

The sum of L800 for such a purpose contrasts poorly, however, with the L3,000 recommended in the same session, to be granted to Gov. Gore himself, for the purchase of "Plate." The joint address of both Houses to the Prince Regent, on this subject, was couched in the following terms: "To his Royal Highness, George, Prince of Wales, Prince Regent of the United Kingdom of Great Britain and Ireland, &c., &c., &c.: May it please your Royal Highness: We, his Majesty's most dutiful and loyal subjects, the Legislative Council and House of Assembly of the Province of Upper Canada, in Provincial Parliament assembled, impressed with a lively sense of the firm, upright, and liberal administration of Francis Gore, Esq., Lieutenant-Governor of this Province, as well as of his unceasing attention to the individual and general interests of the Colony during his absence, have unanimously passed a bill to appropriate the sum of three thousand pounds, to enable him to purchase a service of plate, commemorative of our gratitude. Apprized that this spontaneous gift cannot receive the sanction of our beloved Sovereign in the ordinary mode, by the acceptance of the Lieutenant-Governor in his name and behalf; we, the Legislative Council and Assembly of the Province of Upper Canada, humbly beg leave to approach your Royal Highness with an earnest prayer that you will approve this demonstration of our gratitude, and graciously be pleased to sanction, in His Majesty's name, the grant of the Legislature, in behalf of the inhabitants of Upper Canada. Wm. Dummer Powell, Speaker, Legislative Council Chambers, 26th March, 1816. Allan Maclean, Speaker, Commons House of Assembly, 25th March, 1816."

To which, as we are next informed, his Excellency replied: "Gentlemen: I shall transmit your address to His Majesty's Ministers, in order that their expression of your approbation of my past administration may be laid at the feet of His Royal Highness, the Prince Regent. Government House, York, 26th March, 1816." The Bill which suggested this allowance was popularly spoken of as the "Spoon-bill." The House that passed the measure was the same that, a few weeks later, was so abruptly dismissed.

The name on the allotment following that occupied successively by Col. Bouchette and Col. Givins, is "David Burns." Mr. Burns, who had been a Navy surgeon, was the first Clerk of the Crown for Upper Canada, and one of the "Masters in Chancery." He died in 1806. In the _Gazette and Oracle_ of Saturday, Feb. 15th, in that year, we have verses to the memory of the late David Burns, Esq. We make the following extract, which is suggestive:--

"Say, power of Truth, so great, so unconfined, And solve the doubt which so distracts my mind-- Why Strength to Weakness is so near allied? Perhaps 'tis given to humble human pride. At times perchance frail Nature held the sway, Yet dimm'd not it the intellectual ray: Reason and Truth triumphant held their course, And list'ning hearers felt conviction's force: No precept mangled, text misunderstood, He thought and acted but for public good: His reasoning pure, his mind all manly light, Made day of that which else appear'd as night. In him instruction aim'd at this great end-- Our fates to soften and our lives amend. Yet he was man, and man's the child of woe: Who seeks perfection, seeks not here below."

From the paper of September, 1806, it appears that numerous books were missing out of the library of the deceased gentleman. His administrator, Alexander Burns, advertises: "The following books, with many others, being lent by the deceased, it is particularly entreated that they may be immediately returned:--Plutarch's Lives, 1st volume; Voltaire's Works, 11th do., in French, half-bound; Titi Livii, Latin, 1st do.; Guthrie's History of Scotland, 1st and 2nd do.; Rollin's Ancient History, 1st do.; Pope's Works, 5th do.; Swift's Works, 5th and 8th do., half-bound; Moliere's, 6th do., French."

Of Col. W. Chewett, whose name appears next, we have made mention more than once. His name, like that of his son, J. G. Chewett, is very familiar to those who have to examine the plans and charts connected with early Upper Canadian history. Both were long distinguished _attaches_ of the Surveyor-General's department. In 1802, Col. W. Chewett was Registrar of the Home District.