CHAPTER XV.
Contents—Major Gen. Holland—Surveying on Atlantic Coast—An adherent of the Crown—Removal to Montreal—Death—Major Holland—Information from “Maple Leaves”—Holland Farm—Taché—First Canadian Poem—Head Quarters of Gen. Montgomery—Hospitality—Duke of Kent—Spencer Grange—Holland Tree—Graves—Epitaphs—Surveyor Washington—County Surveyor—Surveyors after the War—First Survey in Upper Canada—Commenced in 1781—The Mode pursued—Information in Crown Lands Department—The Nine Townships upon the St. Lawrence—At the close of the War—Non-Professional Surveyors—Thomas Sherwood—Assisting to Settle—Surveying around the Bay Quinté—Bongard—Deputy-Surveyor Collins—First Survey at Frontenac—Town Reserve—Size of Township—Mistakes—Kotte—Tuffy—Capt. Grass—Capt. Murney—Surveying in Winter—Planting Posts—Result—Litigation—Losing Land—A Newspaper Letter—Magistrates—Landholders—Their Sons’ Lawyers—Alleged Filching—Speculators at Seat of Government—Grave Charges—Width of Lots—Mode of Surveying—Number of Concessions—Cross Roads—Surveyors Orders—Numbering the Lots—Surveying around the Bay—The ten Townships—Their Lands—The Surveying Party—A Singer—Statement of Gourlay.
THE FIRST SURVEYS IN UPPER CANADA.
Among those who distinguished themselves at Louisburg and on the Plains of Abraham under General Wolfe, was Major Samuel Holland. Sabine says, he was “Surveyor-General of the Colonies north of Virginia.” In 1773 he announced his intention to make Perth Amboy, near Jersey, his head-quarters, and wrote to a gentleman there to inquire for houses to accommodate himself and his assistants. He then completed the surveys as far west as Boston. Proposed in 1774 to get round Cape Cod, and to New London, and said it would be at best six years before he should be able to finish his labors. In 1775, he wrote Lord Dartmouth that he was ready to run the line between Massachusetts and New York. By a communication laid before the Provincial Congress of Massachusetts in July, 1775, it appears that he had loaned to Alex. Shepard, Jun., who was also a surveyor, a plan or survey of Maine, which Shepard disliked to return, fearing that it might be used in a manner prejudicial to the Whig cause, as Holland was an adherent of the Crown, and then in New Jersey. Congress recommended to Shepard to retain Holland’s plan. Major Holland went to Lower Canada, where he resumed his duties of Surveyor-General, in which capacity he served nearly fifty years. He died in 1801, and at the time of his decease he was a member of the Executive and Legislative Councils.
It was under Surveyor Holland that the first surveys were made upon the banks of the St. Lawrence and the Bay of Quinté. Major Holland was a gentleman of education, and known for his social and amiable qualities. We are indebted to the author of “Maple Leaves,” J. M. LeMoine, Esq., for information respecting Surveyor Holland. Extending from the brow of St. Foy heights along St. Louis Road at Quebec, was a piece of land of 200 acres which was known as the Holland Farm. This farm had belonged to a rich merchant of Quebec, Mon. Jean Taché, who wrote the first Canadian Poem, “Tableau de la Mer.” He was the ancestor of the late Sir E. Taché. About the year 1740 he built upon an eminence a high peaked structure, which, during the seige of Quebec, was the head quarters of Gen. Montgomery. This place was bought by Gen. Holland in 1780, who lived there in affluence for many years, subsequent to the close of the war, 1783. The elite of Quebec were wont to resort here to enjoy his hospitality, and in 1791, he entertained Edward, afterward Duke of Kent, the father of our Queen. This place is now known as Spencer Grange; but the old building has long since been removed to be replaced by the present well-known mansion. From the St. Foy Road may be seen a fir tree known as the Holland Tree. Under that tree are several graves, which some years ago were inclosed with a substantial stone wall, with an iron gate. But now only the foundation remains. Two of the graves had neat marble slabs, with the names of Samuel Holland senior, and Samuel Holland, junior. “Here rest Major Surveyor Holland, and his son, who was killed in a duel at Montreal, by Major Ward of the 60th Regiment,” by a shot from one of a brace of pistols presented to Major Holland by Gen. Wolfe. This farm is now in possession of the military authorities.
At the time of the rebellion the land of the thirteen Colonies was, in many cases, still unsurveyed, or so imperfectly laid out that frequent demands were made for the professional surveyor. In the very nature of things pertaining to the settlement of America, there was a general demand for surveyors. The country was constantly being opened up. Some of the most prominent men of the day had been surveyors. Gen. Washington commenced life as a country surveyor. In the war, both on the rebel and British sides, were to be found professional surveyors engaged in fighting. Consequently when the war terminated, there was no lack of surveyors to carry on the work of surveying the wilderness of Upper Canada. We have seen that Major Holland held the position of Surveyor-General, and there was duly appointed a certain number of deputies and assistants.
Even while the war was in progress, steps seem to have been taken to furnish the refugee Loyalists with new homes, upon the land still lying in a state of nature. The land in Lower Canada being in the main held by the French Canadians, it was deemed expedient to lay out along the shores of the upper waters a range of lots for their use. In pursuance of this, the first survey of land was made by order of Gen. Clarke, Acting Governor, or Military Commander, in 1781. Naturally the survey would commence at the extreme western point of French settlement. This was on the north bank of Lake St. Francis, at the cove west of Pointe au Bodet, in the limit between the Township of Lancaster, and the seigniory of New Longueil.
We have reason to believe that the surveyor at first laid out only a single range of lots fronting upon the river. In the first place a front line was established. This seems to have been done along the breadth of several proposed townships. In doing this it was desirable to have as little broken front as possible, while at the same time the frontage of each lot remained unbroken by coves of the river or bay. We are informed by the Crown Land Department that in some townships there could, in recent days, be found no posts to indicate the front line, while the side lines in the second concession were sufficiently marked.
The original surveyor along the St. Lawrence evidently did not extend his operations above Elizabethtown, which was called the ninth township, being the ninth laid out from New Longueil. This is apparent from the fact that while Elizabethtown was settled in 1781, the next township above, that of Yonge, was not settled until two years later. The quality of the land thence to Kingston was not such as would prove useful to the poor settler, and therefore was allowed for a time to remain unsurveyed. Hence it came that Cataraqui was the commencement of a second series of townships distinguished by numbers only. These two distinct ranges of townships, one upon the St. Lawrence numbering nine, and one upon the Bay numbering ten, were, when necessary, distinguished apart by the designation, the “first,” “second,” or “third” Township “upon the St. Lawrence,” or “upon the Bay of Quinté,” as the case might be.
It is impossible to say how far the work of surveying had progressed from Lake St. Francis westward, before the close of the war; it is very probable, however, that only a base line had been run, and some temporary mark placed to indicate the corners of each township. Such, indeed, is shown to be the case by the statement of Sheriff Sherwood, who says that his father Thomas Sherwood, who had been a subaltern in the 84th Reg., and who actually located on the first lot in the first concession of Elizabethtown, “was often called upon to run the side lines of the lots” for the settlers as they came one after another, and “to shew them their land.” Mr. Sherwood was not a professional surveyor, but “he had the instruments and practically knew well how to use them, and he was ever ready to give his assistance and instructions to the new comers.”
SURVEYING AROUND BAY QUINTÉ.
In the year 1783, Major Holland, Surveyor-General of Canada, received instructions from Sir Frederick Haldimand, Governor of the Province of Quebec, to proceed on duty to Western Canada. Prior to this, we have observed, there had been commenced a range of lots laid out at the easternmost limits of what now forms Canada West, to the extent of nine townships. Yet evidence is wanting that this range had been completed at the period stated. Holland set out with a sufficient staff of assistants and attachés, to simultaneously lay out several of the proposed townships along the St. Lawrence, and the Bay of Quinté. The party passed up the St. Lawrence, ascending the rapids in a brigade of batteaux manned by French boatmen. Surveyor Holland had, as his personal attendant, —— Bongard, who had been in the artillery under General Reidezel, of the Foreign Legion. From the son of this person, now living in Marysburgh, valuable information has been obtained, much of which has been substantiated by legal documents, published in connection with the law report of the trial respecting the Murney estate and the town of Kingston. Mr. Bongard says that Holland, as he passed up, detailed a deputy to each of the townships, stopping first at Oswegotchie, opposite Prescott, and that he passed up as far as the fourth township upon Bay Quinté, where he pitched his tent, and where he continued to hold his head-quarters, receiving the reports of the various Deputy-Surveyors as they were from time to time brought in. While it seems most probable that Holland came to the Upper Province in 1783, it is possible that he remained in Lower Canada until the spring of 1784, having deputed Surveyor Collins to commence a survey westward from the fort at Frontenac; or perhaps he visited that place with Collins whom he left to carry on the work during this first year.
Whether Surveyor-General Holland visited Fort Frontenac in the year 1783, or not, it was Deputy-Surveyor John Collins who made the first survey of the first township, and of the original town plot of Kingston. According to the sworn testimony of Gilbert Orser, who assisted Collins, in the year 1783, as well as others, the township was surveyed first, and the town plot afterward; although it appears that Holland’s instructions were, first “to lay out proper reservations for the town and fort, and then to proceed and lay out the township, six miles square.” The lots were to contain each 200 acres, to be 25 in number, each range. Mr. Collins placed a monument, it is averred, “at the south-east angle of lot 25, from which a line was run northerly the whole depth of the Township, six miles, where another stone monument was placed, making a line of blazed trees throughout.” From this, it would seem, he continued to survey the township, leaving the land for the town, which he, no doubt, thought extensive enough, to be laid out into town lots, and leaving 40 feet of land, which was to form a road between the town and township. Respecting this line and lot 25, there has been a great deal of litigation. As nearly as the facts can be gathered, the following statement may be regarded as correct:
After Collins had completed the survey of the township, and had even made his returns, to the effect that it contained 25 lots, of 200 acres, he was importuned, or ‘induced by the Commanding Officer at Fort Frontenac,’ to make lot 25 contain only 100 acres, that more ground might thereby be had for the proposed town. More than this, it seems that there was some mistake in the said eastern side line, so as to subsequently limit lot 25 to even less than 100 acres. And, Capt. Michael Grass, when he took possession of this lot, in 1784, found that this line was inaccurately run. Deputy-Surveyor Kotte was requested to examine it; and finding there was an error, made representations to Government, who sent persons to correct it. One Deputy-Surveyor Tuffy was directed to re-survey the line, and he gave more land to lot 25. However, there was yet some error, which was a source of great trouble. Capt. Michael Grass sold this lot to Capt. Murney, who, subsequently finding it did not contain the amount of land which the patent assumed, applied legally for his rights.
The surveying party, among whom were some of those who subsequently settled in the township, and who must have belonged to Capt. Grass’ company of refugees, returned to Sorel, where they spent the winter. At least this is the testimony of one of the grand-children of Capt. Grass. But if the surveying party did, this winter of 1783–4, retire from their work to Lower Canada, it appears unlikely they did the following winter. Indeed there are indications that surveying went on during the winter. In laying out the Townships, special attention was given to make the lots front squarely upon the Bay. In the winter the base line could be more closely run by the water edge upon the ice, than in summer, through the woods. We are informed, at the Crown Lands Department, that in some townships no posts or other marks had at first been found in the re-survey, although such were to be found in the 2nd concession. The inference was, that the posts planted in winter by the water, had, in the spring or summer been washed away, in the course of time. This, as may be supposed, led in time to great confusion, and no little litigation. For many years there was much trouble to establish the land marks all along the front; and cases are not wanting where it has been charged that fraudulent removals of posts were made. The straightforward settler, while engaged in his daily and yearly round of toil, thought not of the side lines of his farm, fully believing that a survey had been definitely fixed by marks that could not be altered, and too often when plenty and comfort had come, he was startled to find some one claiming some of his cleared or uncleared land. Although conscious that such and such were the boundaries of the land granted to him, it was not so easy to prove that such was the case. The annoyances of these direct and indirect attempts to disinherit, may easily be imagined. In this connection, the following letter may be given as exemplifying the feelings, if not the facts—perhaps both—which belonged to those days. It appeared in the Kingston Gazette in 1816, over the signature “A.”
“Sir,—The situation of the old settlers in the Province of Upper Canada, is truly deplorable. These people settled in the wilds of Canada, then the Province of Quebec, under the surveys made by the acting Surveyor-General. Landmarks being established for the guidance of their improvements: no deeds were given them until the Parliament of Great Britain altered the Quebec bill, arranged a new constitution, similar to that they had lost during the rebellion, in the Province of New York, from whence they chiefly came to settle at Frontenac, now Kingston. After cultivating the country agreeably to those surveys for twenty years or more, deeds are issued to cover those lots, drawn and cultivated as above mentioned. The Surveyor-General, David William Smith, Speaker of the House of Assembly, knowing that these deeds were filled up by guess, the survey never having been made complete, wisely provided an Act of the Legislature to prevent the deeds from moving the old land-marks. This Act provides that when thirty freeholders apply to the Magistrates in session they shall make an assessment and collect the money to enable the Surveyor-General to erect monuments, in order to preserve their ancient land-marks and boundaries. What is the reason that this Act has not been complied with? Are the Magistrates all landholders and their sons Lawyers?
“An order from the Governor has lain in the Surveyor-General’s office ever since the year 1801 for monuments to be erected in the Township of Kingston, agreeable to the intention of that Act. Why will not the Magistrates do their duty? The consequence is, that the licensed Surveyor, John Ryder, is running new lines every day, and moving the land-marks of the old settlers. People who have come into the country from the States, marry into a family, and obtain a lot of wild land, get John Ryder to move the land-marks, and instead of a wild lot, take by force a fine house and barn and orchard, and a well cultured farm, and turn the old Tory, (as he is called) out of his house, and all his labor for thirty years.
“These old settlers have suffered all that men could suffer; first in a seven years’ rebellion in the revolutionized colonies; then came to a remote wilderness, some hundred miles from any inhabitant—not a road, not a cow, or an ox, or a horse to assist them; no bread during the winter, they wintered first at Cataraqui. A little pease and pork was all they could get until the ice gave way in the spring of 1785.
“The King, as an acknowledgment and mark of his approbation for the loyalty and sufferings of his faithful subjects, ordered lands to be granted them free from expense, and marked each man’s name with the letters U. E., with a grant annexed to each child as it became of age, of two hundred acres of the waste lands of the crown.
“Now these children cannot get these lands agreeably to the intention of Government. They must sell their right to a set of speculators that hover round the seat of Government, or never get located. Or if they should have the fortune to get a location ticket, it is situated on rocks, and lakes, and barren lands, where they are worth nothing at all; the good lots being marked by the Surveyors, and located by those U. E. rights they have so purchased.
“Now, Sir, was I a scholar, I might draw you a much better description of this wickedness. But I have lived to see thirteen colonies, now States of America, severed from the British empire by the mal-administration of justice in the civil government of those colonies; the people’s minds were soured to that degree that a few designing men overthrew the Government.”
“After the conquest of Canada, the king ordered a thousand acres of land to be granted to each man. The land was granted; but the people to whom it was granted were deprived by a set of speculators, from ever getting a foot, unless they became tenants to those who, in a manner, had robbed them of their rights.”
While the lots were generally made twenty chains in width, a few of the first townships were but nineteen, and consequently of greater depth to make the 200 acres, and the concessions were proportionally wider.
The base line being established, a second one, parallel thereto, was made at a distance generally of a mile and a quarter, allowance being made in addition, for a road. It is more than likely that in many townships the second line, or concession, was not immediately run out. The settlers could not easily traverse even a mile of woods, and for a time accommodation was made only at the front. But within a year, in most townships, the second row of lots had been surveyed and partially occupied. At the front line was always an allowance for a road of sixty feet, as well as at the second line for one of forty feet. The range of lots between the front and the second lines as well as between the second and third, and so on, was called a Concession, a term derived from the French, having reference to their mode of conferring land in the Lower Province, and peculiar to this country. Each concession was divided into lots of 200 acres each, the dividing lines being at right angles with the concession lines, and a quarter of a mile distant from each other. At intervals of two or three miles, a strip of forty feet between two lots was left, for a cross road. In Ameliasburgh it seems that this was neglected. The number of concessions depended on circumstances. Along the St. Lawrence, they numbered to even fifteen or sixteen. Along the bay they were seven and eight. Adolphustown has only four. The irregular course of the Bay Quinté, and the fronting of the townships upon its waters, gave rise to great irregularity in the interior lots, and produced a large number of Gores. This may be noticed more especially in Sophiasburgh, and indeed throughout all of Prince Edward district.
Respecting the provision made for cross roads, Alex. Aitkins, who was Deputy Surveyor of Midland district for many years, says under date, 1797, in respect to the township of Sophiasburgh, “Mr. Kotte’s orders 1785, were from Deputy Surveyor General, Mr. Collins, who was then at Kingston, to lay off cross roads between every six lots as he had done in the eastern part of the province, from township number one, now Charlotteburgh, to township number eight Elizabethtown, and, of no doubt, they would be found at the waters’ edge on the Bay Quinté.”
By looking at the township maps of the bay, it will be seen that the lots of the first three townships, are numbered from west to east, while as we have seen, the townships were numbered from east to west. It is inferred from this fact that the surveyor conducted his survey along the front, planting posts to mark the division of lots, and leaving allowance for roads, but did not complete the concessions until the breadth of the townships had been determined, when it was done from west to east, the lots being numbered accordingly.
The surveyor continued to chain the front, upon the north shore of the bay, until he reached the turn in the bay at the western point of Adolphustown. This portion of territory was divided into four townships.
The surveyor then crossed the bay and proceeded from the Upper Gap, to lay out lots in an irregular manner upon the water, along the bay and the lake to, and around Smith’s Bay, and along Black Creek; also upon the east shore of Picton Bay. This constituted the fifth township. Following the bay shore of Prince Edward peninsula from Picton Bay, along the High Shore and around Green Point, another, the sixth township, was laid out; the lots always fronting on the bay. Still following the bay, the seventh township was created, the western boundary of which brought the surveyor to the head of the bay, or Carrying Place.
Turning eastward along the north shore of the bay, the eighth township was laid out. Likewise, the ninth township, which brought the surveyor to a tract of land which had been reserved for, and given to the faithful Mohawk Indians. Passing by the present township of Tyendinaga, still another township was laid out fronting upon the Mohawk Bay, and Napanee River. This constituted the tenth township, Richmond. Thus the surveyors had made a complete circuit of the bay. These townships were, for many a day, designated by the numeral prefix; even yet may be found gray haired individuals who speak of them in no other way. Subsequently, however, these townships had given to them respectively, the royal names of Kingston, Ernest town, Fredericksburgh, Adolphustown, Marysburgh, Ameliasburgh, Sophiasburgh; and the noble ones of Sidney, Thurlow, and Richmond.
There would at the present time, be nothing so interesting to the settlers of the bay, than to read a diary of the events connected with the original survey. Surveying the wilderness is weary work at any time; but when the persons who take part in striking the lines and fixing the boundaries, have constantly in mind that when their survey is completed, they cannot return to civilization and the comforts of a home, but that they have to remain to become citizens of the forest, they must experience many a heart pang. Yet there seems to have been a lightheartedness with most of them. The camp fire at night witnessed many pleasant hours of jovial pass-time. Singing, storytelling, wiled away agreeably many an hour. Accompanying Collins’ surveying party, was one Purdy, who gained no little renown as a capital singer.
We will close our remarks upon the original survey by giving the statement of Gourlay. He says that “such was the haste to get land surveyed and given away, that ignorant and careless men were employed to measure it out, and such a mess did they make of their land measuring, that one of the present surveyors informed me that in running new lines over a great extent of the province, he found spare room for a whole township in the midst of those laid out at an early period. It may readily be conceived, upon consideration of this fact, what blundering has been committed, and what mistakes stand for correction.”