The loyalists of America and their times

by Egerton Ryerson

The population of Upper Canada was, in 1792, about 12,000 souls. The Loyalist pioneers of Upper Canada fought as bravely against privations, hardships, and dangers in founding their forest homes, as they had done in the Royal ranks in the defence of the unity of the empire. During the first ten years of their hard enterprise and labours, the forest began to yield to the axe of industry, and the little cabins, and clearings, and growing crops gave evidence of human life and activity; but there were no towns or large settlements; the inhabitants were scattered in little groups, or isolated log-houses, along the north shores of the River St. Lawrence, Lakes Ontario and Erie, and of the Detroit river, the only gathering of houses or villages being Kingston, Newark, and Amherstburg.

The first session of the first Parliament of Upper Canada lasted only four weeks, commencing the 17th of September, and closing the 15th of October, 1792; the first session of the Parliament of Lower Canada lasted nearly five months—from the 17th of December, 1792, to the 9th of May, 1793. During these nearly five months, the Legislature of Lower Canada passed eight Bills, all well prepared and useful, but with much ceremony and delay from the polite French seignors; the Legislature of Upper Canada, in their session of four weeks, also passed eight Bills, indicating no haste, well prepared, and of importance and useful. The Bills passed provided for the introduction of English law; the trial by jury; for the charge of millers, limiting their allowance for grinding and bolting grain to the rate of one bushel for every twelve bushels ground; for the easy recovery of small debts; for the change of the German names of the four districts into which Lord Dorchester had divided what now constituted Upper Canada, and granted to the United Empire Loyalists. Lunenburg, extending from the River Ottawa to the River Gananoque, was now called the Eastern District; Mecklenburg, extending from Gananoque to the River Trent, was called the Middle or Midland District; Nassau, extending from the Trent to Long Point, on Lake Erie, was called the Home or Niagara District; and Hesse, embracing the rest of Canada, west to the Lake St. Clair, was called the Western or Detroit District. These districts were again divided into twelve counties. An Act was also passed to erect a jail and court-house in each district.

Governor Simcoe closed this session of the Parliament the 15th of October, 1792, and after complimenting both Houses on the business-like manner in which they had performed their legislative duties, concluded his proroguing speech with the following significant words:

"I cannot dismiss you without earnestly desiring you to promote, by precept and example, regular habits of piety and morality, the surest foundations of all private and public felicity; and at this juncture I particularly recommend you to explain that this province is signally blessed, not with a mutilated Constitution, but with a Constitution which has stood the test of experience, and is the very image and transcript of that of Great Britain, by which she has long established and secured to her subjects as much freedom and happiness as is possible to be enjoyed under the subordination necessary to civilized society."

When Governor Simcoe selected Newark as the seat of government, he thought that Fort Niagara, on the opposite side of the river, would be ceded to England, as it was then occupied by a British garrison; but when he found that the Niagara river was to be the boundary line between Great Britain and the United States, and that the British garrison was to be withdrawn from Fort Niagara, he judged it not wise that the capital of Upper Canada should be within reach of the guns of an American fort. He made a tour through the wilderness of the western peninsula, and proposed to found a new London for the Canadian capital, on the banks of what he then called the River Thames, the site of the present city of London, in the heart of the western district, and secure from invasion; but Lord Dorchester preferred Kingston, which he had made the principal naval and military station of the province. To this Governor Simcoe objected. It was at length agreed to select York, as it was then called, the site of an old French fort. Though the surrounding land was low and swampy, the harbour was excellent.

Governor Simcoe removed to the new capital before a house was built in it, and lodged some time in a large canvas tent, pitched on the site of the old fort, at the west end of the bay. He employed the Queen's Rangers, who had accompanied him, to open a main road—Yonge Street—from York to Lake Simcoe, called after the Governor himself. He proposed to open a direct communication between Lakes Ontario and Huron, and then with the Ottawa; and projected an enlightened and vigorous policy for promoting the development of the country, its agriculture, fisheries, population, trade, etc.; but before he had time to mature and give effect to his plans, he was suddenly removed, in 1796, from the government of Upper Canada to that of St. Domingo, in the West Indies. He was succeeded in the government by the senior member of the Executive Council, the Hon. Peter Russel, who improved his two years' administration, not by carrying out the patriotic plans of his predecessor, but by granting lands to himself and his friends for speculation, to the impediment of settlements and often to the disappointment and wrong of real settlers, whose applications for lands were rejected, which were afterwards granted to the land-speculating friends of the Governor, or to himself—whose grants to himself are said to have run something on this wise: "I, Peter Russel, Lieutenant-Governor, etc., do grant to you, Peter Russel, etc."[172]

General Simcoe zealously encouraged emigration to and settlement in the country, and during the four years of his administration the population increased to 30,000. There was a very considerable emigration from the United States of persons who did not like the new system of government there, and to whom the first Loyalist settlers had written, or visited, giving a favourable account of the climate and productiveness of the country.

Though the seat of government was removed to Toronto in 1795, the Parliament continued to meet at Niagara until 1797. During its successive sessions at Niagara (then Newark), the Parliament passed Acts for the civil and municipal administration of the country, the construction of roads, fixing duties on goods imported from England and the United States, etc., etc. The Legislature gave a reward of twenty and ten shillings respectively for the heads or scalps of wolves and bears, an Act suggestive of the exposures of the early settlers; and allowed the members of the Assembly ten shillings per day each. In the second session, the first Parliament passed an Act forbidding the introduction of slavery into the province—ten years in advance of Lower Canada on this subject.

Major-General Hunter succeeded the Hon. Peter Russel, in 1799, as Lieutenant-Governor of Upper Canada. He possessed little energy or enterprise, and did little or nothing except as advised by his Executive Council of five; so that the Government of Upper Canada was practically an oligarchy, irresponsible alike to Governor and people, each member receiving £100 per annum as Councillor, besides the lands he was able to obtain. Yet the Government, upon the whole, was satisfactory to the country, and commanded for many years the support of its elected representatives.

When General Hunter first met the Parliament in Toronto, the 2nd of June, 1800, the growth of Upper Canada having been rapid, its population now numbered upwards of 50,000. This year, 1800, the Legislature passed an Act prohibiting the sale of spirituous liquors to the Indians. In 1802, the Legislature of Upper Canada, as had that of Lower Canada, passed an Act appropriating £750 to encourage the growth of hemp, in order to render England independent of Russia in the supply of hemp for cordage for the navy, as was being rapidly the case in the supply of timber to build ships. As obstructions on the St. Lawrence rendered communication more difficult between Upper and Lower Canada than with Albany and New York, articles of commerce from Europe could be more readily brought in by that route than by the St. Lawrence; a considerable trade sprang up with the United States, which rendered necessary the establishment of custom-houses on the frontiers. Accordingly, ports of entry were established at Cornwall, Brockville, Kingston, Toronto, Niagara, Queenston, Fort Erie, Turkey Point, Amherstburg, and Sandwich, the duties being the same on American as on English goods. The Governor was authorized to appoint collectors, at salaries not exceeding £100 currency per annum, except when the amount of duties collected at a port was less than £100, in which case the collector was allowed one-half of the amount collected in lieu of salary.