Upon the 17th of July, a meeting of the council was held at the Government House, at Kingston, when the first steps were taken to organize a Legislative Council, and assembly writs were issued, summoning the gentlemen who were to form the first Legislative Council. These were, in addition to those forming the Executive Council, Richard Duncan, Robert Hamilton, Richard Cartwright, Junr., John Munro, and we believe, Thomas Fraser. These constituted the Legislative Council.
Two of the nine, it would seem, never took upon themselves the duties of the high place thus allotted them. One was Richard Duncan, who lived at Mariatown, County of Dundas. He was a captain, and had, in 1788, been appointed Judge of the Lunenburgh district. When Upper Canada became a separate province, Judge Duncan, as well as Cartwright, Judge of Mecklenburgh, were appointed Legislative Councillors. Duncan was a man of extensive business, and highly respected; but “some transactions in connection with banking business, were so imprudent,” that “he left the country somewhat abruptly for the United States,” and “never dared to return,” (Croil). This unfortunate affair, whatever its nature may have been, probably occurred about the time of the above mentioned appointment, as he shortly after removed to Schenectady, New York, where he continued to live until his death. The other was Mr. Robertson, a resident of Sandwich, where he had become a successful merchant. He never took his seat in the council, the reason of which does not appear.
It is stated that, according to the despatches of Simcoe to the Imperial Government, he found no little difficulty in obtaining suitable persons to fill the offices of the Executive and Legislative Council, who would absent themselves from home for the purpose.
The Executive Council continued to hold meetings at Kingston up to the 21st July, when Simcoe proceeded westward, and determined to make the village at the mouth of Niagara River, his capital.
Upon the same day that the Governor and Council issued summonses to the gentlemen of the Legislative Council, the 16th July, a proclamation was likewise issued, forming the Province into Counties, and specifying the number of representatives to be elected by the people to constitute the Legislative Assembly. And these proclamations were speedily conveyed and posted in every settlement.
The following were the officers connected with the Governor while at Newark. “Military Sec. Major Littlehales; Provincial Aide-de-Camp, Thomas Talbot; Solicitor General, Mr. Gray; Clerk of Executive Council, Mr. Small; Civil Secretary, William Jarvis; Receiver General, Peter Russell; Surveyor General, D. W. Smith; Assistant Surveyor General, Thomas Ridout and William Chewitt.” The Council Chamber was a building near to Butler’s barracks on the hill, where the Episcopal and Catholic Churches assembled occasionally, and alternately. The first meeting of the Executive at Newark, was held on the 29th September. Ten days after this was the opening of Parliament. Peter Clark was appointed Clerk of the Legislative Council; John G. Law, Usher of the Black Rod. The superintendent of the Indian department, was Colonel John Butler, of Butler’s Rangers of the Revolutionary war.
John White, the first Attorney-General of Upper Canada, came to the country, accompanied by Thomas Ward, in 1792.
The Duke de la Rochefoucault, Linancourt, a French nobleman, traveling in America, in 1795, visited Governor Simcoe, and remarks in his writings that “Upper Canada is a new country, or rather a country yet to be formed. It was probably for this reason General Simcoe accepted the government of it. He was fully aware of the advantages which his native land might derive from such a colony, if it attained perfection; and imagined that means might be found adequate to this purpose. This hope was the only incitement which could impel a man of independent fortune, to leave the large and beautiful estates he possesses in England, and to bury himself in a wilderness, among bears and savages. Ambition, at least, appears not to have been his motive; as a man, in Gen. Simcoe’s situation, is furnished with abundant means of distinguishing himself by useful activity, without removing to a great distance from his native country. But, whatever have been his motives, his design has been attended with consequences highly beneficial. The plan conceived by General Simcoe for peopling and improving Upper Canada, seems, as far as he has communicated to us, extremely wise and well arranged.” The same writer says, that Simcoe had a hearty hatred against the United States, that he had been a zealous promoter of the war, in which he took a very active part. “In his private life Governor Simcoe is simple, plain, and obliging. He inhabits a small miserable wooden house, which formerly was occupied by the Commissaries. His guard consists of four soldiers, who every morning come from the fort, and return thither in the evening. He lives in a noble and hospitable manner, without pride. Mrs. Simcoe is a lady of thirty-six years of age. She is bashful, and speaks little, but she is a woman of sense, handsome and amiable, and fulfils all the duties of a mother and wife with the most scrupulous exactness. The performance of the latter she carries so far as to act the part of Secretary to her husband. Her talents for drawing, the practice of which she confines to maps and plans, to enable her to be extremely useful to the Governor.” “The Governor is colonel of a regiment of Queen’s Rangers, stationed in the Province. His servants are privates of this regiment which is stationed elsewhere.”
“During our residence at Navy Hall, the Session of the Legislature of Upper Canada was opened. (This was 1795). The Governor had deferred it till that time, on account of the expected arrival of a Chief Justice from England, and from a hope that he should be able to acquaint the members with the particulars of the treaty with the United States. But the harvest has now begun, which in a higher degree than elsewhere engages, in Canada, the public attention. Two members of the Legislative Council were present instead of seven; no Chief Justice appeared who was to act as Speaker; instead of sixteen members of the Assembly only five attended. The law requires a greater number of members for each House, to discuss and determine upon any business, but within two days a year will have expired since the last Session. The Governor has therefore thought it right to open the Session. The whole retinue of the Governor consisted in a guard of fifty men of the garrison of the fort. Dressed in silk, he entered the Hall with his hat on his head, attended by the Adjutant and two Secretaries. The two members of the Legislative Council gave, by their Speaker, notice of it to the Assembly. Five members of the latter having appeared at the bar, the Governor delivered a speech,” &c.
When Simcoe undertook the administration of the newly established Province, a proclamation was issued which divided the Province into nineteen counties. In the creation of this division, Simcoe had a view to military organization. Rochefaucault says, “The maxims of government professed by Gen. Simcoe are very liberal and fair; he detests all arbitrary and military government, without the walls of the fort; and desires liberty in its utmost latitude, so far as is consistent with the constitution and law of the land. He is, therefore, by no means ambitious of investing all power and authority in his own hands; but consents to the Lieutenants, whom he nominates for each county the right of appointing the Justices of the Peace, and Officers of the Militia.”