1796]

PARLIAMENT CALLED AT YORK.

513

Land, indeed, was the main object everywhere sought. Among the applicants was Arnold, who urged his application for a grant with unshrinking pertinacity. His claim was advocated by Cornwallis and Simcoe. There was some difficulty in his case, as personal settlement was exacted. Simcoe pointed out that he was extremely obnoxious to the U.E. loyalists, and suggested that his attendance should be dispensed with on account of his wounds. Arnold was finally allowed for himself and his family 14,600 acres. It was on this occasion that Simcoe declared that with proper and honourable support Upper Canada would prove the most valuable possession out of the British isles, in population, commerce and the principles of the British empire.

Some lands, in 1798, were also granted to Count de Puisaye and some French royalists. They numbered originally forty, but finally only twenty-one remained in the township of Windham. De Puisaye had taken a prominent part against the French revolution, and had been present at Quiberon bay in 1795. He had there incurred the suspicion of his countrymen, Windham says unjustly. Some of the party of higher rank had joined with the belief that they were entering upon a military career in British America; the settler's rough life had little charm for them, so they severed their connection with the enterprise. De Puisaye himself finally returned to England to die in poverty in 1827.†

Russell, on assuming the government in 1796, made preparations to call the next parliament at York, in accordance with Simcoe's instructions. The chief justice, Elmsley, protested against making York in its condition the seat of government. There were no houses for residence, no place for meeting of the legislature, no court-house for holding the sessions, no gaol. There was no accommodation for senators or jurors. Those who attended must live in tents or be

* Can. Arch., Q. 285, p. 417, 26th of March, 1798. Ib. p. 423, 28th of March.

This subject is fully entered into in the Archive Report of 1888, pp. 26-31. Appendix, pp. 73-87.

2H

crowded in huts; he doubted if he would be able to form a jury. Russell, however, did not feel himself justified in abandoning the instructions he had received from Simcoe. He wrote to Portland, representing the views of Elmsley, and officially asked for delay in the removal, as he did not consider himself authorised to depart from the prescribed arrangement. As no instructions were received to the contrary, the legislature met for the first time in York, for the first session of the second parliament, on the 1st of June, 1797. The consequence was that all who had been included in the change of location and were living on their salaries suffered hardship and distress, judge Pownall wrote, to excite the compassion of any one who might witness it.

In October, Mr. Alcock, of Lincoln's Inn, subsequently chief justice, was appointed judge of the king's bench and arrived shortly afterwards in York. Russell himself at this date, although administrator of the government, was also sitting as a puisne judge. The chief justice strongly objected to his taking this course. It may be inferred that the practice was not continued, for Mr. Russell subsequently became receiver-general.

I have mentioned the threatening character of the intrigues of Adet's agents to engage the Indians in their interest that caused much anxiety to Russell. As he expressed himself, he did not know what tribes he could trust or those on whom he could rely, and Upper Canada was almost without troops. Brant likewise caused the government some uneasiness. He had put forth claims to the management of the lands on the Grand river, which had not been accepted; consequently, he had preferred a complaint against Russell to the British minister at Philadelphia, accusing him of trying to make a fortune out of the Indian lands for himself and his friends, and stating, if the matter were not taken from his control, it would never be settled. Russell, in answer to this complaint, wrote to Portland that, on the probability of an attack by the French and Spaniards, the council had determined to grant Brant's request. It was intimated to

1799]

DISSATISFACTION OF BRANT.

515 him that he must give the names of the purchasers; that they must take the oath of allegiance and pay the fees. Brant was likewise informed that the lands had been given to the Indians for their security; and Russell offered, on the part of the crown, to accept the offer which had been made by the other parties. Brant's view was that the land belonged to the tribes to do with it as they saw fit, without interference. The proposition of Brant for the sale of the townships was eventually recognised, by which an amount of £5,000 was secured to the Indians.

Brant's conduct had, indeed, given rise to suspicion of his loyalty and good intentions. Portland wrote, should he desire to come to London, no obstacle should be thrown in his way; and he directed that vigilance should be exercised in observing what was passing between him and the Mississippi Indians, particularly those of the Fox and Wisconsin rivers.

Early in 1799, McKee, the deputy superintendent general, had died. Some twelve days before his death, he wrote his views on the defence of the province. He considered that there was little to be feared from the Indians of the United States, unless joined by people from Kentucky and the Ohio. But the communication to lake Michigan was easy by the Wisconsin. The route by the Illinois was not so advantageous. He proposed to call together the Indians. from Michillimackinac and Saint Joseph early in spring and to send out scouting parties; and that an endeavour should be made to induce the Sakis and Foxes to resist the French. He pointed out the advantage of forming a treaty with the Sioux, the best of Indian warriors, all mounted, of whom 6,000 could be mustered. Likewise an attempt should be made to obtain the services of the Folles Avoines, placing them under British officers, and that all the Indians that could be mustered should be prepared to make a stand with the regulars.

Brant, in a communication to Russell, expressed his * [Can. Arch., Q. 286.1, p. 87, 25th January, 1799.]

satisfaction that no Indians were assembled on the Mississippi, and that no French troops were present to support any hostile attack. He had feared that the Indians might be induced to resent the treatment they had received, being left to fight the United States alone, and accept peace after having repeatedly defeated them. Much of the information sent by Brant was found to be unreliable, and his conduct gave ground for the necessity of caution in dealing with him.

In 1799 a road was completed from York to the bay of Quinté; and it could be stated that there was a passable highway through the province from Quebec to Sandwich.

On the 13th of July Hunter had arrived at Quebec. As has been said, he remained in Lower Canada until Prescott's departure; it was not until the 15th of August that he reached York, and assumed the government.

From the circumstance that Hunter was at the same time in chief command of the forces, he had frequently to be present at Quebec. His appointment as lieutenant-governor of Ontario, in connection with the performance of these military duties, was attended with inconvenience and was never repeated. To obviate any obstruction to carrying on the government, he nominated the chief justice, Russell and Grant to act in his absence as might be expedient. By these means the provincial business was transacted without interference or delay.

In the beginning of 1800 a fatal duel took place, in which the attorney-general, White, was killed by Small, clerk of the council. Small, having traced to White a report reflecting on the good reputation of Mrs. Small, asked for an explanation. The answer not being satisfactory, Small sent a message to the attorney-general. They met the following morning, the 3rd of January, when White received a serious wound in his side. He lingered in great pain until the evening of the 4th, when he died. Mr. Small surrendered himself to justice. It does not appear that any prosecution followed. White left a wife and large family. He

1800]

EARLY CANAL PROJECTS.

517

must have been much esteemed, for his family subsequently received a grant of 6,000 acres of land.

At this date the trade relations with the United States had considerably increased. The communication from Albany by the Mohawk as far as the present city of Rome, thence by the portage to the stream leading to lake Oneida and the Onondaga to Oswego, made lake Ontario accessible with but moderate effort. On the other hand, the ascent of the Saint Lawrence to lake Ontario, the only aid to navigation being the small canals, in the first instance constructed by Haldimand, was still attended by great impediments and difficulty.* Lake Ontario being reached at Oswego from the Hudson, the lake schooners without hindrance could carry freight in the ordinary way certainly to Prescott. Great advantage was found in an interchange of products, and by the end of the century the trade had assumed such dimensions that ports of entry were established at Cornwall, Johnstown (now Brockville), York and Niagara. Trade had also worked its way west of lake Erie; and Turkey point, Amherstburg and Sandwich were established on the same basis.

A letter of the celebrated sir Alexander Mackenzie, written in 1802, will be read with interest, as being the first allusion to the system of canals by which the navigation of the Saint Lawrence is assured. Attention had been drawn to the project of connecting Albany with lake Ontario by canal. The city of Hudson, some forty miles south of the city of Albany, on the river of that name, was the head of the navigation for square rigged vessels, whence schooners of eighty tons proceeded to Albany. The proposition was to construct locks so that the Mowawk could be ascended, and a canal made by which lake Ontario could be reached. The suggested improvement ran on the line of the present Erie and Oswego canals. Sir Alexander Mackenzie advocated the improvement of the Saint Lawrence, giving the opinion that the construction of only fourteen miles of canal was called for, and dwelling on the great advantages derivable * [Ante., p. 21 et ult.]