TORONTO OF OLD (continued 7)

So early as 1807 there was an "opposition" paper—the Upper Canada Guardian. Willcocks, the editor, had been Sheriff of the Home District, and had lost his office for giving a vote contrary to the policy of the lieutenant-governor for the time being. He was returned as a member of parliament; and after having been imprisoned for breach of privilege, he was returned again, and continued to lead the reforming party. The name of Mr. Cameron, the publisher of the Gazette at York was, by some means, mixed up with that of Mr. Willcocks, in connection with the Upper Canada Guardian in 1807, and he found it expedient to publish in the Gazette of June 20, the following notice: "To the Public—Having seen the Prospectus of a paper generally circulated at Niagara, intended to be printed in Upper Canada, entitled the Upper Canada Guardian or Freeman's Journal, executed in the United States of America, without my knowledge or consent, wherein my name appears as being a party concerned; I therefore think it necessary to undeceive my friends and the inhabitants of Upper Canada, and to assure them that I have no connection with, nor is it my most distant wish or intention in any wise to be connected with the printing or publication of said paper. John Bennett."—When the war of 1812 broke out the Guardian came to an end; its editor at first loyally bore arms on the Canadian side, but at length deserted to the enemy, taking with him some of the Canadian Militia. He was afterwards killed at the siege of Fort Erie.

The newspaper which occupies the largest space in the early annals of the press at York is the Colonial Advocate. Issuing first at Queenston in May, 1824, it was removed in the following November to York. Its shape varied from time to time: now it was a folio: now a quarto. On all its pages the matter was densely packed; but printed in a very mixed manner: it abounded with sentences in italics, in small capitals, in large capitals; with names distinguished in like decided manner: with paragraphs made conspicuous by rows of index hands, and other typographical symbols at top, bottom and sides. It was editorial, not in any one particular column, but throughout; and the opinions delivered were expressed for the most part in the first person.

The Weekly Register fell foul of the Advocate at once. It appears that the new audacious nondescript periodical, though at the time it bore on its face the name of Queenston, was nevertheless for convenience sake printed at Lewiston on the New York side of the river. Hence it was denounced by the Weekly Register in language that now astonishes us, as a United States production; and as in the United States interest. "This paper of motley, unconnected, shake-bag periods" cried the Editor of the Weekly Register, "this unblushing, brazen-faced Advocate, affects to be a Queenston and Upper Canadian paper; whereas it is to all intents and purposes, and radically, a Lewiston and genu-wine Yankee paper. How can this man of truth, this pure and holy reformer and regenerator of the unhappy and prostrate Canada reconcile such barefaced and impudent deception?"

Nothing could more promote the success of the Colonial Advocate than a welcome like this. To account for the Register's extraordinary warmth, it is to be said that the Advocate in its first number had happened to quote a passage from an address of its Editor to the electors of the County of Durham, which seemed in some degree to compromise him as a servant of the Government. Mr. Fothergill had ventured to say "I know some of the deep and latent causes why this fine country has so long languished in a state of comparative stupor and inactivity, while our more enterprising neighbours are laughing us to scorn. All I desire is an opportunity of attempting the cure of some of the evils we labour under." This was interpreted in the Advocate to mean a censure upon the Executive. But the Register replied that these words simply expressed the belief that the evils complained of were remediable only by the action of the House of Assembly, on the well-known axiom "that all law is for the people, and from the people; and when efficient, must be remedied or rectified by the people; and that therefore Mr. Fothergill was desirous of assisting in the great work."

The end in fact was that the Editor of the Register, after his return to parliament for the County of Durham, did not long retain the post of King's Printer. After several independent votes in the House he was dismissed by Sir Peregrine Maitland in 1826, after which date the awkwardness of uniting with a Government Gazette a general newspaper whose editor, as a member of the House of Assembly, might claim the privilege of acting with His Majesty's opposition, came to an end. In 1826 we have Mr. Fothergill in his place in the House supporting a motion for remuneration to the publisher of the Advocate, on the ground that the wide and even gratuitous circulation of that paper throughout Canada and among members of the British House of Commons, "would help to draw attention in the proper quarter to the country."

Here is an account of McKenzie's method in the collection of matter for his various publications, the curious multifariousness of which matter used to astonish while it amused. The description is by Mr. Kent, editor of a religious journal, entitled The Church, published at Cobourg in 1838. Lord Clarendon's style has been exactly caught, it will be observed: "Possessed of a taste for general and discursive reading," says Mr. Kent, "he (McK.) made even his very pleasures contribute to the serious business of his life, and, year after year, accumulated a mass of materials, which he pressed into his service at some fitting opportunity. Whenever anything transpired that at all reflected on a political opponent, or whenever, in his reading, he met with a passage that favoured his views, he not only turned it to a present purpose, but laid it by, to bring it forward at some future period, long after it might have been supposed to be buried in oblivion."

The Editor of the Advocate, after his flight from Canada in 1837, published for a short time at New York a paper named McKenzie's Gazette, which afterwards was removed to Rochester: its term of existence there was also brief. In the number for June, 1839, we have the following intelligence contributed by a correspondent at Toronto: a certain animus in relation to the military in Canada, and in relation to the existing Banks of the country, is apparent. "Toronto, May 24th: The 93rd Regiment is still in quarters here. The men 660 strong, all Scotchmen, enlisted in the range of country from Aberdeen to Ayrshire: a highland regiment without highlanders: few or none of Englishmen or Irishmen among them. They are a fine-looking body of men: I never saw a finer. I wished to go into the garrison, but was not permitted to do so. Few of the townspeople have that privilege. —— has made the fullest enquiries, and tells me that a majority of the men would be glad to get away if they could: they would willingly leave the service and the country. He says they are well-informed, civil and well-behaved, and that for such time as England may be compelled to retain possession of the Canadas by military force, against the wishes of the settled population he would like to have this regiment remain in Toronto. —— tells me that a few soups have been kept at Queenston during the winter, because if they desert it is no matter: the regulars are all at Drummondville, near the Falls, and a couple of hundred blacks at Chippewa watching them. The Ferry below the Falls is guarded by old men whose term of service is nearly out, and who look for a pension. It is the same at Malden, and in Lower Canada. The regiments Lord Durham brought were fine fellows, the flower of the English army.

"The Banks here tax the people heavily, but they are so stupid they don't see it. All the specie goes into the Banks. I am told that the Upper Canada Bank had at one time £300,000 in England in Commissariat bills of Exchange: their notes in circulation are a million and a quarter of paper dollars, for all of which they draw interest from the people, although not obliged to keep six cents in their money-till to redeem them. All the troops were paid in the depreciated paper of these fraudulent bankrupt concerns, the directors of which deserve the Penitentiary: the contracts of the Commissariat are paid in the same paper as a 10 per cent. shave: and the troops up at Brantford were also paid in Bank notes which the Bank did not pretend to redeem; and it would have offended Sir George [Arthur], who has a share in such speculations (as he had when in VanDieman's Land), had any one asked the dollars. Sir Allan McNab, who has risen from poverty to be president de facto, solicitor, directors and company of the Gore Bank, ever since its creation, is said to be terribly embarrassed for want of money. He is not the alpha and omega of the Bank now. He has quarrelled with his brother villains. The money paid to Canada from England to uphold troops to coerce the people helps the Banks."

In the same number of the Gazette published at Rochester we have an extract from a production by Robert Gourlay himself, who in his old age paid a final visit of inspection to Canada. In allusion to a portion of Gourlay's famous work published in 1822, the extract is headed in McKenzie's Gazette "Robert Gourlay's 'Last Sketch' of Upper Canada." It is dated at Toronto, May 25th. Having just presented one gloomy view, we will venture to lower the reader's spirits a particle more, by giving another. Let allowance be made for the morbid mental condition of the writer: the contrast offered by the Canada of to-day will afterwards proportionably exhilarate.

"What did Upper Canada gain," Gourlay asks, "by my banishment; and what good is now to be seen in it? Cast an eye over the length and breadth of the land" he cries, "from Malden to Point Fortune, and from the Falls to Lake Simcoe: then say if a single public work is creditable, or a single institution as it should be. The Rideau Canal!—what is it but a monument of England's folly and waste; which can never return a farthing of interest; or for a single day stay the conquest of the province. The Welland Canal!—Has it not been from beginning till now a mere struggle of misery and mismanagement; and from now onward, promising to become a putrid ditch. The only railway, of ten miles; with half completed; and half which cannot be completed for want of funds! The macadamised roads, all in mud; only causing an increase of wear and tear. The province deeply in debt; confidence uprooted; and banks beleaguered!

"Schools and Colleges, what are they?—Few yet painted, though lectures on natural philosophy are now abundant. The Cobourg seminary outstaring all that is sanctimonious: so airy and lank that learning cannot take root in it. A college at Sandwich built before the war, but now a pig stye; and one at Toronto indicated only by an approach. The edifices of the Church!—how few worthy of the Divine presence—how many unfinished—how many fallen to decay. The Church itself, wholly militant: Episcopalians maintaining what can never be established; Presbyterians more sour than ever, contending for rights where they have none whatever: Methodists so disunited that they cannot even join in a respectable groan; and Catholic priests wandering about in poverty because their scattered and starving flocks yield not sufficient wool for the shears. One institution only have I seen praiseworthy and progressing—The Penitentiary; but that is a concentrated essence, seeing the whole province is one: and which of you, resident land-holders, having sense or regard for your family would remain in it a day, could you sell your property and be off?"

Some popular Almanacs of a remarkable character also emanated from McKenzie's press. Whilst in the United States he put forth the Caroline Almanac, a designation intended to keep alive the memory of the cutting out of the Caroline steamer from Fort Schlosser in 1837, and her precipitation over the Falls of Niagara, an act sought to be held up as a great outrage on the part of the Canadian authorities. In the Canadian Almanacs, published by him, intended for circulation especially among the country population, the object kept in view was the same as that so industriously aimed at by the Advocate itself, viz., the exposure of the shortcomings and vices of the government of the day. At the same time a large amount of practically useful matter and information was supplied.

The earlier almanac was entitled "Poor Richard, or the Yorkshire Almanac," and the compiler professed to be one "Patrick Swift, late of Belfast, in the Kingdom of Ireland, Esq., F.R.I., Grand-nephew of the celebrated Doctor Jonathan Swift, Dean of St. Patrick's, Dublin, etc., etc., etc." This same personage was a contributor also of many pungent and humorous things in prose and verse in the columns of the Advocate itself. In 1834 the Almanac assumed the following title: "A new Almanac for the Canadian True Blues; with which is incorporated The Constitutional Reformer's Text Book, for the Millenial and Prophetic Year of the Grand General Election for Upper Canada, and total and everlasting Downfall of Toryism in the British Empire, 1834." It was still supposed to be edited by Patrick Swift, Esq., who is now dubbed M.P.P., and Professor of Astrology, York.

In the extract given above from what was styled Gourlay's "Last Sketch" of Upper Canada, the query and rejoinder, "Schools and Colleges, where are they? Few yet painted, though lectures on Natural Philosophy are now abundant"—will not be understood, without remark. The allusion is to an advertisement in the Upper Canada Gazette of Feb. 5, 1818, which Gourlay at the time of its appearance thought proper to animadvert upon and satirize in the Niagara Spectator. It ran as follows: "Natural Philosophy.—The subscriber intends to deliver a course of Popular Lectures on Natural Philosophy, to commence on Tuesday, the 17th inst., at 7 o'clock p.m., should a number of auditors come forward to form a class. Tickets of admission for the Course (price Two Guineas) may be had of William Allan, Esq., Dr. Horne, or at the School House. The surplus, if any, after defraying the current expenses, to be laid out in painting the District School. John Strachan, York, 3rd Feb., 1818."

As was to be expected, Dr. Strachan was a standing subject of invective in all the publications of Gourlay, as well as subsequently in all those of McKenzie. Collins, Editor of the Freeman, became, as we have seen, reticent in relation to him; but, more or less, a fusilade was maintained upon him in McKenzie's periodicals, as long as they issued.

In McKenzie's opposition to Dr. Strachan there was possibly a certain degree of national animus springing from the contemplation of a Scottish compatriot who, after rising to position in the young colony, was disposed, from temperament, to bear himself cavalierly towards all who did not agree with him in opinion. In addition, we have been told that at an early period in an interview between the two parties, Dr. Strachan once chanced to express himself with considerable heat to McKenzie, and proceeded to the length of showing him the door. The latter had called, as our information runs, to deprecate prejudice in regard to a brother-in-law of his, Mr. Baxter, who was a candidate for some post under the Educational Board, of which Dr. S. was chairman; when great offence was taken at the idea being for a moment entertained that a personal motive would in the slightest degree bias him when in the execution of public duty.

At a late period in the history of both the now memorable Scoto-Canadians, we happened ourselves to be present at a scene in the course of which the two were brought curiously face to face with each other, once more, for a few moments. It will be remembered that after the subsidence of the political troubles and the union of Upper and Lower Canada, McKenzie came back and was returned member of Parliament for Haldimand. While he was in the occupancy of this post, it came to pass that Dr. Strachan, now Bishop of Toronto, had occasion to present a petition to the united House on the subject of the Clergy Reserves. To give greater weight and solemnity to the act he decided to attend in person at the bar of the House, at the head of his clergy, all in canonicals. McKenzie seeing the procession approaching, hurried into the House and took his seat; and contrived at the moment the Bishop and his retinue reached the bar to have possession of the floor. Affecting to put a question to the Speaker, before the Order of the Day was proceeded with, he launched out with great volubility and in excited strain on the interruptions to which the House was exposed in its deliberations; he then quickly came round to an attack in particular on prelates and clergy for their meddling and turbulence, infesting, as he averred, the lobbies of the Legislature when they should be employed on higher matters, filling with tumultuous mobs the halls and passages of the House, thronging (with an indignant glance in that direction) the very space below the bar set apart for the accommodation of peaceably disposed spectators.

The House had only just assembled, and had not had time to settle down into perfect quiet: members were still dropping in, and it was a mystery to many, for a time, what could, at such an early stage of the day's proceedings, have excited the ire of the member for Haldimand. The courteous speaker, Mr. Sicotte, was plainly taken aback at the sudden outburst of patriotic fervour; and, not being as familiar with the Upper Canadian past as many old Upper Canadians present were, he could not enter into the pleasantry of the thing; for, after all, it was humourously and not maliciously intended; the orator in possession of the floor had his old antagonist at a momentary disadvantage, and he chose to compel him while standing there conspicuously at the bar to listen for a while to a stream of Colonial Advocate in the purest vein.

After speaking against time, with an immense show of heat for a considerable while—a thing at which he was an adept—the scene was brought to a close by a general hubbub of impatience at the outrageous irrelevancy of the harangue, arising throughout the House, and obliging the orator to take his seat. The petition of the Bishop was then in due form received, and he, with his numerous retinue of robed clergy, withdrew.

We now proceed with our memoranda of the early press. When Fothergill was deprived of his office of King's Printer in 1825, he published for a time a quarto paper of his own, entitled the Palladium, composed of scientific, literary and general matter. Mr. Robert Stanton, King's Printer after Fothergill, issued on his own account for a few years, a newspaper called The U. E. Loyalist, the name, as we have seen, borne by the portion of the Gazette devoted to general intelligence while Mr. Stanton was King's Printer. The U. E. Loyalist was a quarto sheet, well printed, with an engraved ornamental heading resembling that which surmounted the New York Albion. The Loyalist was conservative, as also was a local contemporary after 1831, the Courier, edited and printed by Mr. George Gurnett, subsequently Clerk of the Peace, and Police Magistrate for the City of Toronto. The Christian Guardian, a local religious paper which still survives, began in 1828. The Patriot appeared at York in 1833: it had previously been issued at Kingston; its whole title was "The Patriot and Farmer's Monitor," with the motto, "Common Sense," below. It was of the folio form, and its Editor, Mr. Thos. Dalton, was a writer of much force, liveliness and originality. The Loyalist, Courier and Patriot were antagonists politically of the Advocate while the latter flourished; but all three laboured under the disadvantage of fighting on the side whose star was everywhere on the decline.

Notwithstanding its conservatism, however, it was in the Courier that the memorable revolutionary sentiments appeared, so frequently quoted afterwards in the Advocate publications: "the minds of the well-affected begin to be unhinged; they already begin to cast about in their mind's eye for some new state of political existence, which shall effectually put the colony without the pale of British connection;" words written under the irritation occasioned by the dismissal of the Attorney and Solicitor-General for Upper Canada in 1833.

For a short time prior to 1837, McKenzie's paper assumed the name of The Constitution. A faithful portrait of McKenzie will be seen at the beginning of the first volume of his "Life and Times," by Mr. Charles Lindsey, a work which will be carefully and profitably studied by future investigators in the field of Upper Canadian history. Excellent portraits of Mr. Gurnett and of Mr. Dalton are likewise extant in Toronto.

Soon after 1838, the Examiner newspaper acquired great influence at York. It was established and edited by Mr. Hincks. Mr. Hincks had emigrated to Canada with the intention of engaging in commerce; and in Walton's York Directory, 1833-34, we read for No. 21, west side of Yonge Street, "Hincks, Francis, Wholesale Warehouse." But Mr. Hincks' attention was drawn to the political condition of Canada, especially to its Finance. The accident of living in immediate proximity to a family that had already for a number of years been taking a warm and active interest in public affairs, may have contributed to this. In the Directory, just named, the Number after 21 on the west side of Yonge Street, is 23, and the occupants are "Baldwin, Doctor W. Warren; Baldwin, Robert, Esq., Attorney, &c., Baldwin and Sullivan's Attorney's Office, and Dr. Baldwin's Surrogate Office round the corner, in King Street, 195½." It was not unnatural that the next door neighbour of Dr. Baldwin's family, their tenant, moreover, and attached friend, should catch a degree of inspiration from them. The subsequent remarkable career of Mr. Hincks, afterwards so widely known as Sir Francis Hincks, has become a part of the general history of the country.

About the period of the Union of Upper and Lower Canada, a local tri-weekly named The Morning Star and Transcript was printed and published by Mr. W. J. Coates, who also issued occasionally, at a later date, the Canadian Punch, containing clever political cartoons in the style of the London Punch.

We have spoken once, we believe, of the Canadian Freeman's motto, "Est natura hominum novitatis avida;" and of the Patriot's, just above, "Common Sense." Fothergill's "Weekly Register" was headed by a brief cento from Shakespeare: "Our endeavour will be to stamp the very body of the time—its form and pressure—: we shall extenuate nothing, nor shall we set down aught in malice."

Other early Canadian newspaper mottoes which pleased the boyish fancy years ago, and which may still be pleasantly read on the face of the same long-lived and yet flourishing publications, were the "Mores et studia et populos et prælia dicam," of the Quebec Mercury, and the "Animos novitate tenebo" of the Montreal Herald. The Mercury and Herald likewise retain to this day their respective early devices: the former, Hermes, all proper, as the Heralds would say, descending from the sky, with the motto from Virgil, Mores et studia et populos et prælia dicam: the latter the Genius of Fame, bearing in one hand the British crown, and sounding as she speeds through the air her trump, from which issues the above-cited motto. Over the editorial column the device is repeated, with the difference that the floating Genius here adds the authority for her quotation—Ovid, a la Dr. Pangloss. Underneath the floating figure are many minute roses and shamrocks; but towering up to the right and left with a significant predominance, for the special gratification of Montrealers of the olden time, the thistle of Scotland.

Besides these primitive mottoes and emblematic headings, the Mercury and Herald likewise retain, each of them, to this day a certain pleasant individuality of aspect in regard to type, form and arrangement, by which they are each instantly to be recognized. This adherence of periodicals to their original physiognomy is very interesting, and in fact advantageous, inspiring in readers a certain tenderness of regard. Does not the cover of Blackwood, for example, even the poor United States copy of it, sometimes awaken in the chaos of a public reading-room table, a sense of affection, like a friend seen in the midst of a promiscuous crowd? The English Reviews too, as circulated among us from the United States, are conveniently recognized by their respective colours, although the English form of each has been, for cheapness' sake, departed from. The Montreal Gazette likewise survives, preserving its ancient look in many respects, and its high character for dignity of style and ability.

In glancing back at the supply of intelligence and literature provided at an early day for the Canadian community, it repeatedly occurs to us to name, as we have done, the Albion newspaper of New York. From this journal it was that almost every one in our Upper Canadian York who had the least taste for reading, derived the principal portion of his or her acquaintance with the outside world of letters, as well as the minuter details of prominent political events. As its name implies, the Albion was intended to meet the requirements of a large number of persons of English birth and of English descent, whose lot is cast on this continent, but who nevertheless cannot discharge from their hearts their natural love for England, their natural pride in her unequalled civilization. "Cælum non animum mutant qui trans mare currunt," was its gracefully-chosen and appropriate motto.

Half a century ago, the boon of a judicious literary journal like the Albion was to dwellers in Canada a very precious one. The Quarterlies were not then reprinted as now; nor were periodicals like the Philadelphia Eclectic or the Boston Living Age readily procurable. Without the weekly visit of the Albion, months upon months would have passed without any adequate knowledge being enjoyed of the current products of the literary world. For the sake of its extracted reviews, tales and poetry the New York Albion was in some cases, as we well remember, loaned about to friends and read like a much sought after book in a modern circulating library. And happily its contents were always sterling, and worth the perusal. It was a part of our own boyish experience to become acquainted for the first time with a portion of Keble's Christian Year, in the columns of that paper.

The Albion was founded in 1822 by Dr. John Charlton Fisher, who afterwards became a distinguished Editor at Quebec. To him Dr. Bartlett succeeded. The New York Albion still flourishes under Mr. Cornwallis, retaining its high character for the superior excellence of its matter, retaining also many traits of its ancient outward aspect, in the style of its type, in the distribution of its matter. It has also retained its old motto. Its familiar vignette heading of oak branches round the English rose, the thistle of Scotland, and the shamrock, has been thinned out, and otherwise slightly modified; but it remains a fine artistic composition, well executed.

There was another journal from New York much esteemed at York for the real respectability of its character, the New York Spectator. It was read for the sake of its commercial and general information, rather than for its literary news. To the minds of the young the Greek revolution had a singular fascination. We remember once entertaining the audacious idea of constructing a history of the struggle in Greece, of which the authorities would, in great measure, have been copious cuttings from the New York Spectator columns. One advantage of the embryo design certainly was a familiarity acquired with the map of Hellas within and without the Peloponnesus. Navarino, Modon, Coron, Tripolitza, Mistra, Missolonghi, with the incidents that had made each temporarily famous, were rendered as familiar to the mind's eye as Sparta, Athens, Thebes, Thermopylæ, and the events connected with each respectively, of an era two thousand years previously, afterwards from other circumstances became. Colocotroni, Mavrocordato, Miaulis, Bozzaris, were heroes to the imagination as fully as Miltiades, Alcibiades, Pericles, and Nicias, afterwards became.

Partly in consequence of the eagerness with which the columns of the New York Spectator used to be ransacked with a view to the composition of the proposed historical work, we remember the peculiar interest with which we regarded the editor of that periodical at a later period, on falling in with him, casually, at the Falls of Niagara. Mr. Hall was then well advanced in years; and from a very brief interview, the impression received was, that he was the beau ideal of a veteran editor of the highest type; for a man, almost omniscient; unslumberingly observant; sympathetic, in some way, with every passing occurrence and every remark; tenacious of the past; grasping the present on all sides, with readiness, genial interest and completeness. In aspect, and even to some extent in costume, Mr. Hall might have been taken for an English bishop of the early part of the Victorian era.

XX.

QUEEN STREET, FROM GEORGE STREET TO YONGE STREET.—MEMORIES OF THE OLD COURT HOUSE.

hen we pass George Street we are in front of the park-lot originally selected by Mr. Secretary Jarvis. It is now divided from south to north by Jarvis street, a thoroughfare opened up through the property in the time of Mr. Samuel Peters Jarvis, the Secretary's son. Among the pleasant villas that now line this street on both sides, there is one which still is the home of a Jarvis, the Sheriff of the County.

Besides filling the conspicuous post indicated by his title, Mr. Secretary Jarvis was also the first Grand Master of the Masons in Upper Canada. The archives of the first Masonic Lodges of York possess much interest. Through the permission of Mr. Alfio de Grassi who has now the custody of them, we are enabled to give the following extracts from a letter of Mr. Secretary Jarvis, bearing the early date of March 28th, 1792:—"I am in possession of my sign manual from his Majesty," Mr. Jarvis writes on the day just named, from Pimlico, to his relative Munson Jarvis, at St. John, New Brunswick, "constituting me Secretary and Registrar of the Province of Upper Canada, with power of appointing my Deputies, and in every other respect a very full warrant. I am also" he continues, "very much flattered to be enabled to inform you that the Grand Lodge of England have within these very few days appointed Prince Edward, who is now in Canada, Grand Master of Ancient Masons in Lower Canada; and William Jarvis, Secretary and Registrar of Upper Canada, Grand Master of Ancient Masons in that Province. However trivial it may appear to you who are not a Mason, yet I assure you that it is one of the most honourable appointments that they could have conferred. The Duke of Athol is the Grand Master of Ancient Masons in England. Lord Dorchester with his private Secretary, and the Secretary of the Province, called on us yesterday," Mr. Jarvis proceeds to say, "and found us in the utmost confusion, with half a dozen porters in the house packing up. However his Lordship would come in, and sat down in a small room which was reserved from the general bustle. He then took Mr. Peters home with him to dine: hence we conclude a favourable omen in regard to his consecration, which we hope is not far distant. Mrs. Jarvis," the Secretary informs his relative, "leaves England in great spirits. I am ordered my passage on board the transport with the Regiment, and to do duty without pay for the passage only. This letter," he adds, "gets to Halifax by favour of an intimate friend of Mr. Peters, Governor Wentworth, who goes out to take possession of his Government. The ship that I am allotted to is the Henneker, Captain Winter, a transport with the Queen's Rangers on board."

The Prince Edward spoken of was afterwards Duke of Kent and father of the present Queen. Lord Dorchester was the Governor-General of the Province of Quebec before its division into Upper and Lower Canada. Mr. Peters was in posse the Bishop of the new Province about to be organized. It was a part of the original scheme, as shewn by the papers of the first Governor of Upper Canada, that there should be an episcopal see in Upper Canada, as there already was at Quebec in the lower province. But this was not carried into effect until 1839, nearly half a century later.

When Jarvis Street was opened up through the Secretary's park-lot, the family residence of his son Mr. Samuel Peters Jarvis, a handsome structure of the early brick era of York, in the line of the proposed thoroughfare, was taken down. Its interior fittings of solid black walnut were bought by Captain Carthew and transferred by him without much alteration to a house which he put up on part of the Deer-park property on Yonge Street.

A large fragment of the offices attached to Mr. Jarvis's house was utilized and absorbed in a private residence on the west side of Jarvis Street, and the gravel drive to the door is yet to be traced in the less luxuriant vegetation of certain portions of the adjoining flower gardens. Mr. Secretary Jarvis died in 1818. He is described by those who remember him, as possessing a handsome, portly presence. Col. Jarvis, the first military commandant in Manitoba, is a grandson of the Secretary.

Of Mr. McGill, first owner of the next park-lot, and of his personal aspect, we have had occasion to speak in connection with the interior of St. James' Church. Situated in fields at the southern extremity of a stretch of forest, the comfortable and pleasantly-situated residence erected by him for many years seemed a place of abode quite remote from the town. It was still to be seen in 1870 in the heart of McGill Square, and was long occupied by Mr. McCutcheon, a brother of the inheritor of the bulk of Mr. McGill's property, who in accordance with his uncle's will, and by authority of an Act of Parliament, assumed the name of McGill, and became subsequently well known throughout Canada as the Hon. Peter McGill.

(The founder of McGill College in Montreal was of a different family. The late Capt. James McGill Strachan derived his name from the marriage-connection of his father with the latter.)

In the Gazette and Oracle of Nov. 13th, 1803, we observe Mr. McGill, of York, advertising as "agent for purchases" for pork and beef to be supplied to the troops stationed "at Kingston, York, Fort George, Fort Chippewa, Fort Erie, and Amherstburg." In 1818 he is Receiver-General, and Auditor-General of land patents. He had formerly been an officer in the Queen's Rangers, and his name repeatedly occurs in "Simcoe's History" of the operations of that corps during the war of the American Revolution.

From that work we learn that in 1779 he, with the commander himself of the corps, then Lieut.-Col. Simcoe, fell into the hands of the revolutionary authorities, and was treated with great harshness in the common jail of Burlington, New Jersey; and when a plan was devised for the Colonel's escape, Mr. McGill volunteered, in order to further its success, to personate his commanding officer in bed, and to take the consequences, while the latter was to make his way out.

The whole project was frustrated by the breaking of a false key in the lock of a door which would have admitted the confined soldiers to a room where "carbines and ammunition" were stored away. Lieut.-Col. Simcoe, it is added in the history just named, afterwards offered Mr. McGill an annuity, or to make him Quartermaster of Cavalry; the latter, we are told, he accepted of, as his grandfather had been an officer in King William's army; and "no man," Col. Simcoe himself notes, "ever executed the office with greater integrity, courage and conduct."

The southern portion of Mr. McGill's park-lot has, in the course of modern events, come to be assigned to religious uses. McGill Square, which contained the old homestead and its surroundings, and which was at one period intended, as its name indicates, to be an open public square, was secured in 1870 by the Wesleyan Methodist body and made the site of its principal place of worship and of various establishments connected therewith.

Immediately north, on the same property, the Roman Catholics had previously built their principal place of worship and numerous appurtenances, attracted possibly to the spot by the expectation that McGill Square would continue for ever an open ornamental piece of ground.

A little farther to the north a cross-street, leading from Yonge Street eastward, bears the name of McGill. An intervening cross-street preserves the name of Mr. Crookshank, who was Mr. McGill's brother-in-law.

The name that appears on the original survey of York and its suburbs as first occupant of the park-lot westward of Mr. McGill's, is that of Mr. George Playter. This is the Captain Playter, senior, of whom we have already spoken in our excursion up the valley of the Don. We have named him also among the forms of a past age whom we ourselves remember often seeing in the congregation assembled of old in the wooden St. James'.

Mr. Playter was an Englishman by birth, but had passed many of his early years in Philadelphia, where for a time he attached himself to the Society of Friends, having selected as a wife a member of that body. But on the breaking out of the troubles that led to the independence of the United States, his patriotic attachment to old far-off England compelled him, in spite of the peaceful theories of the denomination to which he had united himself, promptly to join the Royalist forces.

He used to give a somewhat humorous account of his sudden return to the military creed of ordinary mundane men. "Lie there, Quaker!" cried he to his cutaway, buttonless, formal coat, as he stripped it off and flung it down, for the purpose of donning the soldier's habiliments. But some of the Quaker observances were never relinquished in his family. We well remember, in the old homestead on the Don, and afterwards at his residence on Caroline Street, a silent mental thanksgiving before meals, that always took place after every one had taken his seat at the table; a brief pause was made, and all bent for a moment slightly forwards. The act was solemn and impressive.

Old Mr. Playter was a man of sprightly and humorous temperament, and his society was accordingly much enjoyed by those who knew him. A precise attention to his dress and person rendered him an excellent type in which to study the costume and style of the ordinary unofficial citizen of a past generation. Colonel M. F. Whitehead, of Port Hope, in a letter kindly expressive of his interest in these reminiscences of York, incidentally furnished a little sketch that will not be out of place here. "My visits to York, after I was articled to Mr. Ward, in 1819," Colonel Whitehead says, "were frequent. I usually lodged at old Mr. Playter's, Mrs. Ward's father. [This was when he was still living at the homestead on the Don.] The old gentleman often walked into town with me, by Castle Frank; his three-cornered hat, silver knee-buckles, broad-toed shoes and large buckles, were always carefully arranged."—To the equipments, so well described by Colonel Whitehead, we add from our own boyish recollection of Sunday sights, white stockings and a gold-headed cane of a length unusual now.

According to a common custom prevalent at an early time, Mr. Playter set apart on his estate on the Don a family burial-plot, where his own remains and those of several members of his family and their descendants were deposited. Mr. George Playter, son of Captain George Playter, was some time Deputy Sheriff of the Home District; and Mr. Eli Playter, another son, represented for some sessions in the Provincial Parliament the North Riding of York. A daughter, who died unmarried in 1832, Miss Hannah Playter, "Aunt Hannah," as she was styled in the family, is pleasantly remembered as well for the genuine kindness of her character, as also for the persistency with which, like her father, she carried forward into a new and changed generation, and retained to the last, the costume and manners of the reign of King George the Third.

Immediately in front of the extreme westerly portion of the park lot which we are now passing, and on the south side of the present Queen Street in that direction, was situated an early Court House of York, associated in the memories of most of the early people with their first acquaintance with forensic pleadings and law proceedings.

This building was a notable object in its day. In an old plan of the town we observe it conspicuously delineated in the locality mentioned—the other public buildings of the place, viz., the Commissariat Stores, the Government House, the Council Chamber (at the present north-west corner of York and Wellington Streets), the District School, St. James's Church, and the Parliament House (by the Little Don), being marked in the same distinguished manner. It was a plain two-storey frame building, erected in the first instance as an ordinary place of abode by Mr. Montgomery, father of the Montgomerys, once of the neighbourhood of Eglinton, on Yonge Street. It stood in a space defined by the present line of Yonge Street on the west, by nearly the present line of Victoria Street on the east, by Queen Street on the north and by Richmond Street on the south. Though situated nearer Queen Street than Richmond Street, it faced the latter, and was approached from the latter.—It was Mr. Montgomery who obtained by legal process the opening of Queen Street in the rear of his property. In consequence of the ravine of which we have had occasion so often to speak, the allowance for this street as laid down in the first plans of York had been closed up by authority from Yonge Street to Caroline Street.

It was seriously proposed in 1800 to close up Queen Street to the westward also from Yonge Street "so far as the Common," that is, the Garrison Reserve, on the ground that such street was wholly unnecessary, there being in that direction already one highway into the town, namely, Richmond Street, situated only ten rods to the south. In 1800 the southern termination of Yonge Street was where we are now passing, at the corner of Montgomery's lot. At this point the farmers' waggons from the north turned off to the eastward, proceeding as far as Toronto Street, down which they wended their way to Richmond Street, and so on to Church Street and King Street, finally reaching the Market Place.

Of the opening of Yonge Street through a range of building lots which in 1800 blocked the way from Queen Street southwards, we shall speak hereafter in the excursion which we propose to make through Yonge Street from south to north, the moment we have finished recording our collections and recollections in relation to Queen Street.

Memories of the Old Court House.

In the old Court House, situated as we have described, we received our first boyish impressions of the solemnities and forms observed in Courts of Law. In paying a visit of curiosity subsequently to the singular series of Law Courts which are to be found ranged along one side of Westminster Hall in London—each one of them in succession entered through the heavy folds of lofty mysterious-looking curtains, each one of them crowded with earnest pleaders and anxious suitors, each one of them provided with a judge elevated in solitary majesty on high, each one of them seeming to the passing stranger more like a scene in a drama than a prosaic reality—we could not but revert in memory to the old upper chamber at York where the remote shadows of such things were for the first time encountered.

It was startling to remember of a sudden that our early Upper Canadian Judges, our early Upper Canadian Barristers, came fresh from these Westminster Hall Courts! What a contrast must have been presented to these men in the rude wilds to which they found themselves transported. Riding the Circuit in the Home, Midland, Eastern and Western Districts at the beginning of the present century was no trivial undertaking. Accommodation for man and horse was for the most part scant and comfortless. Locomotion by land and water was perilous and slow, and racking to the frame. The apartments procurable for the purposes of the Court were of the humblest kind.

Our pioneer jurisconsults in their several degrees, however, like our pioneers generally, unofficial as well as official, did their duty. They quietly initiated in the country, customs of gravity and order which have now become traditional; and we see the result in the decent dignity which surrounds, at the present day, the administration of justice in Canada in the Courts of every grade.

Prior to the occupation of Mr. Montgomery's house as the Court House at York, the Court of King's Bench held its sessions in a portion of the Government Buildings at the east end of the town, destroyed in the war of 1813. On June 25, 1812, the Sheriff, John Beikie, advertises in the Gazette that "a Court of General Quarter Sessions of the Peace for the Home District will be holden at the Government Buildings in the town of York on Tuesday, the fourteenth day of July now next ensuing, at the hour of ten o'clock in the forenoon, of which all Justices of the Peace, Coroners, Gaolers, High Constables, Constables and Bailiffs are desired to take notice, and that they be then and there present with their Rolls, Records, and other Memoranda to do and perform those things which by reason of their respective offices shall be to be done."

It is with the Court Room in the Government Buildings that the Judge, Sheriff and Crown Counsel were familiar, who were engulfed in Lake Ontario in 1805. The story of the total loss of the government schooner Speedy, Captain Thomas Paxton, is widely known. In that ill-fated vessel suddenly went down in a gale in the dead of night, along with its commander and crew, Judge Cochrane, Solicitor-General Gray, Mr. Angus McDonell, Sheriff of York, Mr. Fishe, the High Bailiff, an Indian prisoner about to be tried at Presqu'Isle for murder, two interpreters, Cowan and Ruggles, several witnesses, and Mr. Herchmer, a merchant of York; in all thirty-nine persons, of whom no trace was ever afterwards discovered.

The weather was threatening, the season of the year stormy (7th October), and the schooner was suspected not to be sea-worthy. But the orders of the Governor, General Peter Hunter, were peremptory. Mr. Weekes, of whom we have heard before, escaped the fate that befel so many connected with his profession, by deciding to make the journey to Presqu'Isle on horseback. (For the seat in the House rendered vacant by the sudden removal of Mr. McDonell, Mr. Weekes was the successful candidate.)

The name of the Indian who was on his way to be tried was Ogetonicut. His brother, Whistling Duck, had been killed by a white man, and he took his revenge on John Sharp, another white man. The deed was done at Ball Point on Lake Scugog, where John Sharp was in charge of a trading-post for furs belonging to the Messrs. Farewell. The Governor had promised, so it was alleged, that the slayer of Whistling Duck should be punished. But a twelvemonth had elapsed and nothing had been done. The whole tribe, the Muskrat branch of the Chippewas, with their Chief Wabbekisheco at their head, came up in canoes to York on this occasion, starting from the mouth of Annis's creek, near Port Oshawa, and encamping at Gibraltar Point on the peninsula in front of York. A guard of soldiers went over to assist in the arrest of Ogetonicut, who, it appears, had arrived with the rest. The Chief Wabbekisheco, took the culprit by the shoulder and delivered him up. He was lodged in the jail at York.

During the summer it was proved by means of a survey that the spot where Sharp had been killed was within the District of Newcastle. It was held necessary, therefore, that the trial should take place in that District. Sellick's, at the Carrying Place, was to have been the scene of the investigation, and thither the Speedy was bound when she foundered. Mr. Justice Cochrane was a most estimable character personally, and a man of distinguished ability. He was only in his 28th year, and had been Chief Justice of Prince Edward Island before his arrival in Upper Canada. He was a native of Halifax, in Nova Scotia, but had studied law in Lincoln's Inn, and was called to the Bar in England.

In the old Court House, near which we are now passing, were assigned to convicted culprits, with unflinching severity and in a no inconsiderable number of instances, all the penalties enjoined in the criminal code of the day—the lash, the pillory, the stocks, the gallows. We have conversed with an old inhabitant of Toronto, who had not only here heard the penalty of branding ordered by the Judge, but had actually seen it in open court inflicted, the iron being heated in the great wood-stove that warmed the room, and the culprit made to stretch out his hand and have burnt thereon the initial letter of the offence committed.

Here cases came up repeatedly, arising out of the system of slavery which at the beginning was received in Canada, apparently as an inevitable part and parcel of the social arrangements of a colony on this continent.

On the first of March, 1811, we have it on the record, "William Jarvis, of the Town of York, Esq. (this is the Secretary again), informed the Court that a negro boy and girl, his slaves, had the evening before been committed to prison for having stolen gold and silver out of his desk in his dwelling-house, and escaped from their said master; and prayed that the Court would order that the said prisoners, with one Coachly, a free negro, also committed to prison on suspicion of having advised and aided the said boy and girl in eloping with their master's property." Thereupon it was "Ordered,—That the said negro boy, named Henry, commonly called Prince, be re-committed to prison, and there safely kept till delivered according to law, and that the girl do return to her said master; and Coachly be discharged."

At the date just mentioned Slavery was being gradually extinguished by an Act of the Provincial Legislature of Upper Canada, passed at Newark in 1793, which forbade the further introduction of slaves, and ordered that all slave children born after the 9th of July in that year should be free on attaining the age of twenty-five.

Most gentlemen, from the Administrator of the Government downwards, possessed some slaves. Peter Russell, in 1806, was anxious to dispose of two of his, and thus advertised in the Gazette and Oracle, mentioning his prices:—"To be sold: a Black Woman named Peggy, aged forty years, and a Black Boy, her son, named Jupiter, aged about fifteen years, both of them the property of the subscriber. The woman is a tolerable cook and washerwoman, and perfectly understands making soap and candles. The boy is tall and strong for his age, and has been employed in the country business, but brought up principally as a house servant. They are each of them servants for life. The price of the woman is one hundred and fifty dollars. For the boy two hundred dollars, payable in three years, with interest from the day of sale, and to be secured by bond, &c. But one-fourth less will be taken for ready money. York, Feb. 19th, 1806. Peter Russell."

According to our ideas at the present moment, such an advertisement as this is shocking enough. But we must judge the words and deeds of men by the spirit of the age in which they lived and moved.

Similar notices were common a century since in the English newspapers. It is in fact asserted that at that period there were probably more slaves in England than in Virginia. In the London Public Advertiser, of March 28th, 1769, we have, for example, the following: "To be sold, a Black Girl, the property of J. B——, eleven years of age, who is extremely handy, works at her needle tolerably, and speaks English perfectly well; is of an excellent temper, and willing disposition. Enquire of Mr. Owen, at the Angel Inn, behind St. Clement's Church, in the Strand." And again, in the Edinburgh Evening Courant of April 18th, 1768, we have, "A Black Boy to sell. To be sold a Black Boy with long hair, stout made and well limbed; is good tempered; can dress hair, and take care of a horse indifferently. He has been in Britain near three years. Any person that inclines to purchase him may have him for £40. He belongs to Captain Abercrombie, at Brighton. This advertisement not to be repeated."

The poet sings—

But this was not true until Lord Mansfield, in 1772, uttered his famous judgment in the case of James Somerset, a slave brought over by a Mr. Stewart from Jamaica. Cowper's lines are in reality a versification of a portion of Lord Mansfield's words. A plea had been set up that villeinage had never been abolished by law in England; ergo, the possession of slaves was not illegal. But Lord Mansfield ruled: "Villeinage has ceased in England, and it cannot be revived. The air of England," he said, " has long been too pure for a slave, and every man is free who breathes it. Every man who comes into England," Lord Mansfield continued, "is entitled to the protection of English law, whatever oppression he may heretofore have suffered, and whatever may be the colour of his skin: Quamvis ille niger, quamvis tu candidus esses. Let the negro be discharged." But this is a digression.

Peter Russell's Peggy had been giving him uneasiness a few years previous to the advertisement copied above. She had been absenting herself without leave. Of this we are apprised in an advertisement dated York, September 2nd, 1803. It runs as follows: "The subscriber's black servant Peggy, not having his permission to absent herself from his service, the public are hereby cautioned from employing or harbouring her without the owner's leave. Whoever will do so after this notice may expect to be treated as the law directs. Peter Russell."

In the papers published at Niagara advertisements similar to those just given are to be seen. In the Niagara Herald of January 2nd, 1802, we have, "For sale: A negro man slave, 18 years of age, stout and healthy; has had the small pox and is capable of service either in the house or out-doors. The terms will be made easy to the purchaser, and cash or new lands received in payment. Enquire of the printer." And again in the Herald of January 18th: "For sale: the negro man and woman, the property of Mrs. Widow Clement. They have been bred to the business of a farm; will be sold on highly advantageous terms for cash or lands. Apply to Mrs. Clement."

Cash and lands were plainly beginning to be regarded as less precarious property than human chattels. In 1797 purchasers, however, were still advertising. In the Gazette and Oracle of October 11th, in that year, we read; "Wanted to purchase, a negro girl from seven to twelve years of age, of good disposition. For fuller particulars apply to the subscribers, W. and J. Crooks, West Niagara, Oct. 4th." At York, in 1800, the Gazette announces as "to be sold"—"A healthy strong negro woman, about thirty years of age; understands cooking, laundry and the taking care of poultry. N.B.—She can dress ladies' hair. Enquire of the Printers. York, Dec 20, 1800."

In respect to the following notice some explanation is needed. We presume the "Indian slave" spoken of must have been only part Indian. The detention of a native as a slave, if legal, would have been difficult. Mr. Charles Field, of Niagara, on the 28th of August, 1802, gave notice in the Herald: "All persons are forbidden harbouring, employing, or concealing my Indian slave Sal, as I am determined to prosecute any offender to the extremity of the law; and persons who may suffer her to remain in or upon their premises for the space of half-an-hour, without my written consent, will be taken as offending, and dealt with accordingly."

In the early volumes of the Quebec Gazette these slave advertisements are common. A rough wood-cut of a black figure running frequently precedes them. It appropriately illustrates the following one: "Run away from the subscriber on Tuesday, the 25th ult., a negro man, named Drummond, near six feet high, walks heavily; had on when he went away a dark coloured cloth coat and leather breeches. Whoever takes up and secures the said negro, so that his master may have him again, shall have Four Dollars reward, and all reasonable charges paid by John McCord. Speaks very bad English and next to no French." Another reads thus: "To be sold, a healthy Negro Boy, about fifteen years of age, well qualified to wait on a gentleman as a Body Servant. For further particulars inquire of the Printers."

Mr. Sol.-General Gray, lost in the Speedy, manumitted by his will, dated August 27th, 1803, and discharged from the state of slavery in which, as that document speaks, "she now is," his "faithful black woman servant, Dorinda," and gave her and her children their freedom; and that they might not want, directed that £1200 should be invested and the interest applied to their maintenance. To his black servants, Simon and John Baker, he gave, besides their freedom, 200 acres of land each, and pecuniary legacies. The Simon here named went down with his master in the Speedy; but John long survived. He used to state that his mother Dorinda, was a native of Guinea, and to describe Governor Hunter as a rough old warrior, who carried snuff in an outside pocket, whence he took it in handfuls, to the great disfigurement of his ruffled shirt-bosoms. His death was announced in the public papers by telegram from Cornwall, Ontario, bearing date January 17, 1871. "A coloured man," it said, "named John Baker, who attained his 105th year on the 25th ult., died here to-day. He came here as a chattel of the late Colonel Gray, in 1792, having seen service in the Revolutionary war. Subsequently he served throughout the war of 1812. He was wounded at Lundy's Lane, and has drawn a pension for fifty-seven years." Mr. Gray, it may be added, was a native of our Canadian town of Cornwall. His place of abode in York was in what is now Wellington Street, on the lot immediately to the west of the old "Council Chamber" (subsequently the residence of Chief Justice Draper.)

We ourselves, we remember, used to gaze, in former days, with some curiosity at the pure negress, Amy Pompadour, here in York, knowing that she had once been legally made a present of by Miss Elizabeth Russell to Mrs. Captain Denison.

But enough of the subject of Canadian slavery, to which we have been inadvertently led.

The old Court House, when abandoned by the law authorities for the new buildings on King Street, was afterwards occasionally employed for religious purposes. By an advertisement in the Advocate, in March, 1834, we learn that the adherents of David Willson, of Whitchurch, sometimes made use of it. It is there announced that "the Children of Peace will hold Worship in the Old Court House of York, on Sunday, the 16th instant, at Eleven and Three." Subsequently it became for a time the House of Industry or Poor House of the town.

Besides the legal cases tried and the judgments pronounced within the homely walls of the Old Court House, interest would attach to the curious scenes—could they be recovered and described—which there occurred, arising sometimes from the primitive rusticity of juries, and sometimes from their imperfect mastery of the English language, many of them being, as the German settlers of Markham and Vaughan were indiscriminately called, Dutchmen. Peter Ernest, appearing in court with the verdict of a jury of which he was foreman, began to preface the same with a number of peculiar German-English expressions which moved Chief Justice Powell to cut him short by the remark that he would have to commit him if he swore:—when Ernest observed that the perplexities through which he and the jury had been endeavouring to find their way, were enough to make better men than they were express themselves in an unusual way.—The verdict, pure and simple, was demanded. Ernest then announced that the verdict which he had to deliver was, that half of the jury were for "guilty" and half for "not guilty." That is, the Judge observed, you would have the prisoner half-hanged, or the half of him hanged. To which Peter replied, that would be as his Lordship pleased.—It was a case of homicide. Being sent back, they agreed to acquit.

Odd passages, too, between pertinacious counsel and nettled judges sometimes occurred, as when Mr. H. J. Boulton, fresh from the Inner Temple, sat down at the peremptory order of the Chief Justice, but added, "I will sit down, my Lord, but I shall instantly stand up again."

Chief Justice Powell, when on the Bench, had a humorous way occasionally, of indicating by a kind of quiet by-play, by a gentle shake of the head, a series of little nods, or movements of the eye or eyebrow, his estimate of an outré hypothesis or an ad captandum argument. This was now and then disconcerting to advocates anxious to figure, for the moment, in the eyes of a simple-minded jury, as oracles of extra authority.

Nights, likewise, there would be to be described, passed by juries in the diminutive jury-room, either through perplexity fairly arising out of the evidence, or through the dogged obstinacy of an individual.

Once, as we have heard from a sufferer on the occasion, Colonel Duggan was the means of keeping a jury locked up for a night here, he being the sole dissentient on a particular point. That night, however, was converted into one of memorable festivity, our informant said, a tolerable supply of provisions and comforts having been conveyed in through the window, sent for from the homes of those of the jury who were residents of York. The recusant Colonel was refused a moment's rest throughout the live-long night. During twelve long hours pranks and sounds were indulged in that would have puzzled a foreigner taking notes of Canadian Court House usages.

When 10 o'clock a.m. of the next day arrived, and the Court re-assembled, Colonel Duggan suddenly and obligingly effected the release of himself and his tormentors by consenting to make the necessary modification in his opinion.

Of one characteristic scene we have a record in the books of the Court itself. On the 12th of January, 1813, as a duly impanelled jury were retiring to their room to consider of their verdict, a remark was addressed to one of their number, namely, Samuel Jackson, by a certain Simeon Morton, who had been a witness for the defence: the remark, as the record notes, was in these words, to wit, "Mind your eye!" to which the said Jackson replied "Never fear!" The Crier of the Court, John Bazell, duly made affidavit of this illicit transaction. Accordingly, on the appearance in court of the jury, for the purpose of rendering their verdict, Mr. Baldwin, attorney for the prosecution, moved that the said Jackson be taken into custody: and the Judge gave order "that Samuel Jackson do immediately enter into recognizances, himself in £50, and two sureties in £25 each, for his appearance on the Saturday following at the Office of the Clerk of the Peace, which," as the record somewhat inelegantly adds, "he done." He duly appeared on the Saturday indicated, and, pleading ignorance, was discharged.

In the Court House in 1822 was tried a curious case in respect of a horse claimed by two parties, Major Heward, of York, and General Wadsworth, commandant of the United States Garrison at Fort Niagara. Major Heward had reared a sorrel colt on his farm east of the Don; and when it was three years old it was stolen. Nothing came of the offer of reward for its recovery until a twelvemonth after the theft, when a young horse was brought by a stranger to Major Heward, at York, and instantly recognized by him as his lost property. Some of the major's neighbours likewise had no doubt of the identity of the animal, which, moreover, when taken to the farm entered of his own accord the stable, and the stall, the missing colt used to occupy, and, when let out into the adjoining pasture, greeted in a friendly way a former mate, and ran to drink at the customary watering place. Shortly after, two citizens of the United States, Kelsey and Bond, make their appearance at York and claim the horse which they find on Major Heward's farm, as the property of General Wadsworth, commandant at Fort Niagara. Kelsey swore that he had reared the animal; that he had docked him with his own hands when only a few hours old; and that he had sold him about a year ago to General Wadsworth. Bond also swore positively that this was the horse which Kelsey had reared, and that he himself had broken him in, prior to the sale to General Wadsworth. It was alleged by these persons that a man named Docksteader had stolen the horse from General Wadsworth at Fort Niagara and had conveyed him across to the Canadian side.

In consequence of the positive evidence of these two men the jury gave their verdict in favour of General Wadsworth's claim, with damages to the amount of £50. It was nevertheless generally held that Kelsey and Bond's minute narrative of the colt's early history was a fiction; and that Docksteader, the man who transferred the animal from the United States side of the river to Canadian soil, had also had something to do with the transfer of the same animal from Canada to the United States a twelvemonth previously.

The subject of this story survived to the year 1851, and was recognized and known among all old inhabitants as "Major Heward's famous horse Toby."

Within the Court House on Richmond Street took place in 1818 the celebrated trial of a number of prisoners brought down from the Red River Settlement on charges of "high treason, murder, robbery, and conspiracy," as preferred against them by Lord Selkirk, the founder of the Settlement. When our neighbourhood was itself in fact nothing more than a collection of small isolated clearings, rough-hewn out of the wild, "the Selkirk Settlement" and the "North West" were household terms among us for remote regions in a condition of infinite savagery, in comparison with which we, as we prided ourselves, were denizens of a paradise of high refinement and civilization. Now that the Red River district has attained the dignity of a province and become a member of our Canadian Confederation, the trial referred to, arising out of the very birth-throes of Manitoba, has acquired a fresh interest.

The Earl of Selkirk, the fifth of that title, was a nobleman of enlightened and cultivated mind. He was the author of several literary productions esteemed in their day; amongst them, of a treatise on Emigration, which is spoken of by contemporaries as an exhaustive, standard work on the subject. For practically testing his theories, however, Lord Selkirk appears to have desired a field exclusively his own. Instead of directing his fellow-countrymen to one or other of the numerous prosperous settlements already in process of formation at easily accessible and very eligible spots along the St. Lawrence and the Lakes Ontario, Erie and Huron, he induced a considerable body of them to find their way to a point in the far interior of our northern continent, where civilization had as yet made no sensible inroad; to a locality so situated that if a colony could contrive to subsist there, it must apparently of necessity remain for a very long period dismally isolated. In 1803, Bishop Macdonell asked him, what could have induced a man of his high rank and great fortune, possessing the esteem and confidence of the Government and of every public man in Britain, to embark in an enterprise so romantic; and the reply given was, that, in his opinion, the situation of Great Britain, and indeed of all Europe, was at that moment so very critical and eventful, that a man would like to have a more solid footing to stand upon, than anything that Europe could offer. The tract of land secured by Lord Selkirk for emigration purposes was a part of the territory held by the Hudson's Bay Company, and was approached from Europe not so readily by the St. Lawrence route as by Hudson's Strait and Hudson's Bay. The site of the actual settlement was half-a-mile north of the confluence of the Assiniboine and Red Rivers, streams that unitedly flow northward into Lake Winnipeg, which communicates directly at its northern extremity with Nelson River, whose outlet is at Port Nelson or Fort York on Hudson's Bay. The population of the Settlement in the beginning of 1813 was 100. Mr. Miles Macdonell, formerly a captain in the Queen's Rangers, appointed by the Hudson's Bay Company first Governor of the District of Assiniboia, was made by the Earl of Selkirk superintendent of affairs at Kildonan. The rising village was called Kildonan, from the name of the parish in the county of Sutherland whence the majority of the settlers had emigrated.

The Montreal North West Company of Fur Traders was a rival of the Hudson's Bay Company. Whilst the latter traded for the most part in the regions watered by the rivers flowing into Hudson's Bay, the former claimed for their operations the area drained by the streams running into Lake Superior.

The North West Company of Montreal looked with no kindly eye on the settlement of Kildonan. An agricultural colony, in close proximity to their hunting grounds, seemed a dangerous innovation, tending to injure the local fur trade. Accordingly it was resolved to break up the infant colony. The Indians were told that they would assuredly be made "poor and miserable" by the new-comers if they were allowed to proceed with their improvements; because these would cause the buffalo to disappear. The colonists themselves were informed of the better prospects open to them in the Canadian settlements and were promised pecuniary help if they would decide to move. At the same time, the peril to which they were exposed from the alleged ill-will of the Indians was enlarged upon. Moreover, attacks with fire-arms were made on the houses of the colonists, and acts of pillage committed. The result was that in 1815, the inhabitants of Kildonan dispersed, proceeding, some of them, in the direction of Canada, and some of them northwards, purposing to make their way to Port Nelson, and to find, if possible, a conveyance thence back to the shores of old Scotland. Those, however, who took the northern route proceeded only as far as the northern end of Lake Winnipeg, establishing themselves for a time at Jack River House. They were then induced to return to their former settlement, by Mr. Colin Robertson, an agent of the Hudson's Bay Company, who assured them that a number of Highlanders were coming, via Hudson's Bay, to take up land at Kildonan. This proved to be the fact; and, in 1816, the revived colony consisted of more than 200 persons. On annoyance being offered to the settlement by the North West Company's agent, Mr. Duncan Cameron, who occupied a post called Fort Gibraltar, about half a mile off, Mr. Colin Robertson, with the aid of his Highlandmen, seized that establishment, and recovered two field-pieces and thirty stand of arms that had been taken from Kildonan the preceding year. Cameron himself was also made a prisoner. (Miles Macdonell, Governor of Assiniboia, had been captured by the said Cameron in the preceding year, and sent to Montreal.) A strong feeling was aroused among the half-breeds, far and near, who were in the interest of the North West Company. In the spring of 1816, Mr. Semple, the Governor of the Hudson's Bay Company, appeared in person at the Red River, having been apprized of the growing troubles. During an angry conference on the 18th of June, with a band of seventy men, headed by Cuthbert, Grant, Lacerte, Fraser, Hoole, and Thomas McKay, half-breed employés of the North West Company, he was violently assaulted; and in the melée he was killed, together with five of his officers and sixteen of his people. Out of these events sprang the memorable trials that took place in the York Court House in 1818.

The Earl of Selkirk being desirous of witnessing the progress made by his emigrants at Red River, paid a visit to this continent in the autumn of 1815. On arriving at New York he heard of the dispersion at Kildonan, and the destruction of property there. He proceeded at once to Montreal and York to consult with the authorities. The news next reached him that his colony had been re-established, at least partially. He immediately despatched a trusty messenger, one Lagimonière, with assurances that he himself would speedily be with them, bringing proper means of protection. But Lagimonière was waylaid and never reached his destination.

It happened, about this time, in consequence of the peace just established with the United States, that the De Meuron, Watteville and Glengarry Fencible Regiments were disbanded in the country. About eighty men of the De Meuron, with four of the late officers, twenty of the Watteville, and a few of the Glengarry, with one of their officers, agreed to accompany Lord Selkirk to the Red River. On reaching the Sault, the tidings met the party of the second dispersion of the colony, and of the slaughter of Governor Semple and his officers. The whole band at once pushed on to Fort William, where were assembled many of the partners of the North West Company, with Mr. McGillivray, their principal Agent. Here were also some of the persons who had been made prisoners at Kildonan.

Armed simply with a commission of a Justice of the Peace, Lord Selkirk then and there, at his encampment opposite Fort William across the Kaministigoia, issued his warrant for the arrest of Mr. McGillivray.

It is duly served and Mr. McGillivray submits. Two partners who came over with him as bail are also instantly arrested. The prisoners had been previously liberated and information was procured from them.

Warrants were then issued for the arrest of the remainder of the partners, who were found in the Fort. Some resistance was now offered. The gate of the Fort was partially closed by force; but a party of twenty-five men instantly rushed up from the boats and cleared the way into the Fort. At the signal of a bugle-call more men came over from the encampment, and their approach put an end to the struggle. The arrests were then completed, and the remaining partners were marched down to the boats. "At the time this resistance to the warrant was attempted there were," our authority informs us, "about 200 Canadians, i. e., French, in the employment of the Company, in and about the Fort, together with 60 or 70 Iroquois Indians, also in the Company's service."

The Earl of Selkirk was plainly a man not to be trifled with; a chief who, in the olden time, would have been equal to the roughest emergency.

The prisoners brought down from Fort William, and after the lapse of nearly two years placed at the Bar in the Old Court House of York, were arraigned as follows: "Paul Brown and F. F. Boucher, for the murder of Robert Semple, Esq., on the 18th of June, 1816; John Siveright, Alexander McKenzie, Hugh McGillis, John McDonald, John McLaughlin and Simon Fraser, as accessories to the same crime; Cooper and Bennerman, for taking, on the third of April, 1815, with force and arms, eight pieces of cannon and one howitzer, the property of the Right Hon. Thomas, Earl of Selkirk, from his dwelling house, and putting in bodily fear of their lives certain persons found therein." The cannons were further described as being two of them brass field-pieces, two of them brass swivels, four of them iron swivels.—In each case the verdict was "not guilty."

The Judges were Chief Justice Powell, Mr. Justice Campbell, Mr. Justice Boulton, and Associate Justice W. Allan, Esq. The counsel for the Crown were Mr. Attorney-General Robinson and Mr. Solicitor-General Boulton. The counsel for the prisoners were Samuel Sherwood, Livius P. Sherwood, and W. W. Baldwin, Esq.

The juries in the three trials were not quite identical. Those that served on one or other of them are as follows:—George Bond, Joseph Harrison, Wm. Harrison, Joseph Shepperd, Peter Lawrence, Joshua Leach, John McDougall, jun., Wm. Moore, Alexander Montgomery, Peter Whitney, Jonathan Hale, Michael Whitmore, Harbour Stimpson, John Wilson, John Hough, Richard Herring.

The Earl of Selkirk was not present at the trials. He had proceeded to New York, on his way to Great Britain. He probably anticipated the verdicts that were rendered. The North-West Company influence in Upper and Lower Canada was very strong.

At a subsequent Court of Oyer and Terminer held at York, a true bill against the Earl and nineteen others was found by the Grand Jury, for "conspiracy to ruin the trade of the North-West Company." Mr. Wm. Smith, Under-Sheriff of the Western District, obtained a verdict of £500 damages for having been seized and confined by the said Earl when endeavouring to serve a warrant on him in Fort William; and Daniel McKenzie, a retired partner of the North-West Company, obtained a verdict of £1,500 damages for alleged false imprisonment by the Earl in the same Fort.—Two years later, namely, in 1820, Lord Selkirk died at Pau, in the South of France.

XXI.

QUEEN STREET—FROM YONGE STREET TO COLLEGE AVENUE.—DIGRESSION SOUTHWARD AT BAY STREET; OSGOODE HALL; DIGRESSION NORTHWARD AT THE AVENUE.

eaving now the site of our ancient Court House, the spot at which we arrive in our tour is one of very peculiar interest. It is the intersection at right angles of the two great military ways carved out through the primitive forest of Western Canada by order of its first Governor. Dundas Street and Yonge Street were laid down in the first MS. maps of the country as highways destined to traverse the land in all future time, as nearly as practicable in right lines, the one from east to west, the other from south to north. They were denominated "streets," because their idea was taken from the famous ancient ways, still in several instances called "streets," which the Romans, when masters of primitive Britain, constructed for military purposes. To this day it is no unpleasant occupation for the visitor who has leisure, to track out the lines of these ancient roads across England. We ourselves once made a pilgrimage expressly for the purpose of viewing the intersection of Iknield Street and Watling Street, in the centre of Dunstable, and from our actual knowledge of what Canada was when its Yonge Street and Dundas Street were first hewn out, we realized all the more vividly the condition of central England when the Roman road-makers first began their work there.

Dundas Street has its name from the Right Hon. Henry Dundas, Secretary of State for the Colonies in 1794. In that year Governor Simcoe wrote as follows to Mr. Dundas:—"Dundas Street, the road proposed from Burlington Bay to the River Thames, half of which is completed, will connect by an internal communication the Detroit and settlements at Niagara. It is intended," he says, "to be extended northerly to York by the troops, and in process of time by the respective settlers to Kingston and Montreal." In another despatch to the same statesman he says:—"I have directed the surveyor, early in the next spring to ascertain the precise distance of the several routes which I have done myself the honour of detailing to you, and hope to complete the Military Street or Road the ensuing autumn." In a MS. map of about the same date Dundas Street is laid down from Detroit to the Pointe au Bodêt, the terminus on the St. Lawrence of the old boundary line between Upper and Lower Canada. From the Rouge River it is sketched as running somewhat further back than the line of the present Kingston Road; and after leaving Kingston it is drawn as though it was expected to follow the water-shed between the Ottawa and the St. Lawrence. A road is sketched, running from the Pointe au Bodêt to the Ottawa, and this Road is struck at an acute angle by Dundas Street.

A manuscript note appears on the map, "The Dundas Street is laid out from Oxford to the Bay of Quinté; it is nearly finished from Oxford to Burlington Bay."

In 1799 the Constellation, a paper published at Niagara, informs its readers, under the date of Friday, August 2nd, in that year, that "the wilderness from York to the Bay of Quinté is 120 miles; a road of this distance through it," it then says, "is contracted out by Government to Mr. Danforth, to be cut and completed by the first of July next; and which, when completed, will open a communication round the Lake by land from this town [Niagara] with the Bay, Kingston, &c. Hitherto," the Constellation continues, "in the season of winter our intercourse with that part of the province has been almost totally interrupted. Mr. Danforth has already made forty miles of excellent road," the editor encourages his patrons by observing, "and procured men to the number sufficient for doing the whole extent by the setting in of winter. It would be desirable also," Mr. Tiffany suggests, "were a little labour expended in bridging the streams between Burlington Bay and York; indeed the whole country," it is sweepingly declared, "affords room for amendment in this respect."

It is plain from this extract that if the men of the present generation would have a just conception of what was the condition of the region round Lake Ontario seventy years ago, they must pay a visit to the head of Lake Superior and perform the journey by the Dawson road and the rest of the newly-opened route from Fort William to Winnipeg.

The Gazette of December 14, 1799, was able to speak approvingly of the road to the eastward. "The road from this town (York) to the Midland District is," it says, "completed as far as the Township of Hope, about sixty miles, so that sleighs, waggons, &c., may travel it with safety. The report which has been made to the Government by the gentlemen appointed to inspect the work is," the Gazette then proceeds to say, "highly favourable to Mr. Danforth, the undertaker; and less imperfections could not be pointed out in so extensive a work. The remaining part," it is added, "will be accomplished by the first of July next." The road to which these various extracts refer, is still known as the Danforth Road. It runs somewhat to the north of the present Kingston Road, entering it by the town line at the "Four Mile Tree."

Yonge Street, which we purpose duly to perambulate hereafter, has its name from Sir George Yonge, a member of the Imperial Government in the reign of George III. He was of a distinguished Devonshire family, and a personal friend of Governor Simcoe's.

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.