THE death of Governor
Hunter, creating a vacancy in that office, necessitated the appointment of
an administrator to represent the Crown till the coming of the next
lieutenant-governor.
At this juncture the senior
member of the Executive Council was the Honorable Alexander Grant who was
also Lieutenant of the County of Essex. It may seem strange at this day to
speak of one as lieutenant, of a county, but at the time of which we are
writing lieutenants were appointed by the Crown for each county of the
Province. These lieutenants of counties had been established by
Lieutenant-Governor Sirnene, to fill positions similar to those of the
lord lieutenants of counties in England. To this end the Parliament of the
Province, during his adrninistration, had passed an Act appointing certain
individuals lieutenants of counties.
The Upper Canada Almanac,
published at York in 1804, gave a list of lieutenants of counties as then
existing, and in the lists is the name of the Honorable AIexander Grant.
The title is now, and has been for nearly a century, extinguished, but it
will not be out of place to give the full list as published in the
Almanac. The names were: 14 John Macdonell, Esq., Glengarry: William
Fortune, Esq., Prescott; Archibald Macdonell, Esq. Stormont;
Honorable Richard Duncan, Esq., Dundas; Peter Drummond, Esq., Grenville;
James Breakenridge, Esq., Leeds; Honorable Richard Cartwright, Esq.,
Frontenac; Hazelton Spencer, Esq., Lennox; William Johnson, Esq.,
Addington; John Ferguson, Esq., Hastings; Archibald Macdonel!, Esq., of
Marysburgh, Prince Edward; Alexander Chisholm, Esq., Northumberland;
Robert Baldwin, Esq., Durham; Honorable David Willam Smith, Esq.. York;
Honorable Robert Hamilton, Esq., Lincoln; Samuel Ryerse, Esq., Norfolk;
William Claus, Esq., Oxford; (Middlesex vacant); Honorable Alexander
Grant, Esq., Essex; Honorable James Baby, Esq., Kent."
The Honorable Alexander
Grant was one of the five members, of the Executive Council appointed in
1792, and as senior member of that branch of the Government, on the
death of Governor Hunter; became temporary Governor of the Province under
the name of President. In the Revised Statutes of Upper Canada, published
by authority, the name of Alexander Grant. Esq., as President, is recorded
as having opened the second session of the fourth Provincial Parliament in
1806. Just as the bent of Governor Hunter, the last governor, was
military, the bent of the new administrator was mostly naval.
Mr. Grant, who was of the
ancient and respectable family of Grant, of Glenmorristown, and who was
born in the year 1734, had in his youth been first in the merchant
service, and then in a man-of-war as midshipman. In 1757, during the Seven
Years’ War, a Highland regiment was being raised for service in America,
and young Grant received a commission in it. He served under General Lord
Amherst in the war with the French in Canada, resulting in the capture of
Quebec in 1759, and the surrender of the whole of Canada to the British in
1760.
Grant’s early training as
midshipman in the naval service opened a door for him to promotion that he
little expected when he came to America as an officer in the land forces.
In the prosecution of the war against the French in Canada, it became
necessary to have ships for transporting troops and supplies on the lakes
dividing the French possession (Canada) from the British territory on the
south of Lakes Ontario and Erie. For these ships there was urgent need for
competent commanders. In this emergency the experience that Grant had in
the naval service stood him in good stead. He was at once detached from
the land force and put in command of a sloop of sixteen guns.
From that time forward till
the time of his death he continued to be connected with the naval service,
and became known to the people as Commodore Grant. Later on, he was in
command from Niagara to Mackinaw, and was the first commodore of the
western waters, with headquarters at Detroit, which was then one of the
most important military positions on the continent of America. In 1780 the
captains and crews of nine vessels were under pay at Detroit, and a large
dockyard was maintained then. The Commodore was in command of all these
vessels, which ranged from two hundred tons down, and carried from one to
fourteen guns.
In the War of 1812, Grant
did important service for the Crown, and was a conspicuous figure in all
matters connected with the naval service of the lakes during the war.
Altogether he was in the King’s service fifty-seven years. His
administration of the government of the Province was for but a brief
period, and for only one session of the Provincial Parliament.
The second session of the
fourth Parliament was opened by him on the 4th of February, 1806, and
closed on the 3rd of March following. Only seven Acts were passed during
the session, one of the most important of which was "an Act to
procure certain apparatus for the promotion of science "—an Act
which was specially promoted by him and which was undoubtedly laying the
foundation for higher public education, partially fulfilled in the
establishment of King’s College, and followed by the University of
Toronto, which now so fully supplies the means of scientific research to
the earnest student.
At the request of Commodore
Grant, the Legislature by this Act appropriated four hundred pounds for
the purchase of instruments for illustrating the principles of natural
philosophy.
The second section of this
Act enacted "that the Governor, Lieutenant-Govenor or person
administering the Government of this Province, is hereby authorized and
empowered to deposit the said instruments (under such conditions as he
shall deem proper and expedient) in the hands of some person employed in
the education of youth in this province, in order that they may be as
useful as the state of the Province will permit"
On the arrival of these
instruments in Canada, Administrator Grant committed them to the care of
Dr. Strachan, afterwards Bishop Strachan, then a celebrated instructor of
youth at Cornwall, and they were brought by him to Toronto on his
appointment to the headmastership of the District School at York. From the
District School, (the old Blue School) the instruments were passed on to
Upper Canada College. There are doubtless old college boys now living, of
the class of 1836-37, who will remember seeing this philosophical
apparatus in the Principal’s room at the College, not in use, but
treasured for a future day when a provincial university should be
established for the teaching of higher studies than were yet reached by
the College. It is possible that the instruments or some remains of them
may still be lingering within the walls of "old tipper Canada,"
as the old boys designate their Alma Mater.
The second session of the
fourth Provincial Parliament, in which this so beneficial grant of money
for educational purposes was made, was, as we have seen, a short session.
It was, however, as remarkable for its tempestuousness as for its brevity.
When President Grant
entered on the administration of the Government, there was seated on the
judicial bench a gentleman well skilled in English law, but more skilled
in English politics, one Mr. Justice Thorpe, an Irishman by birth, and of
the English bar. Judge Thorpe, from the time he came to the Province to
the time he left it, was at perpetual war with the colonial authorities,
and made himself most obnoxious to them. An examination of the
correspondence, letters, papers and documents, official and non-official,
which are on file in the Archives at Ottawa, and copies of which are to be
found in the library of the County of York Law Association at Toronto,
will enable a tolerably fair estimate to be mad of the character of this
gentleman, both as a judge and a citizen. In truth, he was much more of a
politician than a judge, and had a natural bent for intrigue.
On the 24th of January,
1806, Mr. Thorpe wrote a letter to Edward Cooke, Under-Secretary of State,
with a postscript dated 5th of February, 1806, the day after the opening
of the session; the contents of which betray the meddlesome temper of the
writer of the letter, and his disposition towards the reigning powers in
the colony.
This is the letter:
"24th January, 1806.
DEAR Sir,—For the last
time I must trespass on your time for five minutes, as I think it my duty
to inform you of the situation of this colony before the new Governor
leaves you. From a minute inquiry for five months I find that Governor
Hunter has nearly ruined this province. His whole system was
rapaciousness; to accumulate money by grants of land was all he thought
of. The Loyalist that was entitled to land without fees could not get any,
but the alien that could pay was sure of succeeding; unjust and arbitrary,
he dissatisfied the people and oppressed the officers of Government. He
had a few Scotch instruments about him (Mr. McGill and Mr. Scott) that he
made subservient to his purpose, and by every other individual he and his
tools were execrated. Nothing has been done for the colony—no roads, bad
water communication, no post, no religion, no morals, no education, no
trade, no agriculture, no industry attended to. Mr. McGill and Mr. Scott
have made a person of their own President: the same measures are followed
up, and the effects will soon appear, for everything you wish will be
defended and the House of Assembly will feel their power, which is always
(in the colonies) a bad thing. All this and much more you will soon know;
therefore, in this state of things, I think it absolutely necessary to set
about conciliating the people in every way. I have had some public
opportunities which did not escape me, and in private I will cultivate all
that are deserving or that can be made useful, by which means I now pledge
myself to you, that whoever comes out shall find everything smooth, and
that in twelve months or less I will be ready to carry any measure you may
desire through the Legislature. All this I state on the supposition that
Lord Castlereagh will not be induced to place any one over me on the
bench, but if parliamentary interest should prevail on him to neglect my
exertions, I must entreat of my friends to beg of His Lordship to remove
me to any other place where I can do my duty and render some service.
P.S—I hope, for the sake
of England and the advancement of this colony, that the new Governor will
be a civilian and a politician. It is worth four thousand a year; the
Lower Province six thousand. There might be two military appointments—a
lieutenant-general below, a brigadier here.
"From the gentleman
having delayed who was to take this to New York, I have an opportunity oft
stating that the Clerk of the Crown is dead.
5th February, 1806
The House of Assembly
are sitting, and from want of a person to direct, the lower one is quite
wild. In a quiet way I have the reins, so as to prevent mischief; though,
like Phaeton, I seized them precipitately. I shall not burn myself, and
hope to save others."
The extravagant statements
made in this letter ensure its condemnation. It was, indeed, a libel on
the country, as well as on the officials.
The reference in the letter
to President Grant is somewhat enigmatical. It is probable, however, that
the writer meant to convey the impression that the officials, Scott and
McGill, the one being Receiver-General and the other Attorney-General,
ruled the President, and that the President was walking in the footsteps
of Governor Hunter.
By the time the 5th of
February came, from the expression in the P.S., "I have the reins," the
worthy Judge seems to have thought that he had overcome every obstacle,
and possessed more power than the President, Scott, and McGill all put
together.
If we are to judge of what
took place in the Legislature afterwards, and during the short time it
lasted, the Judge had really wormed himself into the confidence of the
Assembly in a very positive manner.
Mr. Justice Thorpe’s
active mind induced him to critically examine the acts of the Government.
In his performance of this assumed duty his attention fell on the
expenditure of a sum of money amounting to six hundred and seventeen
pounds thirteen shillings and sevenpence, which had been ordered, partly
by warrant of the Administrator Grant and partly by his predecessor,
Governor Hunter, to be paid to certain civil servants for services
performed by them in the carrying on of the Government. Formulated in
items, the schedules of these payments contained twenty separate and
distinct amounts, and were for the most, payments made for services in the
administration of justice or in connection with departments of the
Government. In 1803, by the directions of Lieutenant-Governor Hunter,
accounts of a similar nature were charged and paid out of the residue of
unappropriated moneys in the hands of the Receiver-General, over and above
sums specifically voted by the Legislature. For two years such payments
had been laid before the Legislature and had been approved by the House of
Assembly.
President Grant,
recognizing the fact that he was only temporarily at the head of the
Government, thought it a part of his duty in this regard to follow the
practice pursued by Governor Hunter, and so ordered the payments referred
to to be made.
It was, of course, not
strictly correct that such payments should have been ordered to be made
without a vote of the Assembly. The astute mind of Justice Thorpe quickly
grasped the situation, and it gave him the opportunity of exhibiting to
the unlearned Canadian Legislature his knowledge of constitutional law and
parliamentary rights and privileges.
With this explanation and
the address of the Assembly it will be readily conjectured what was meant
by the allusion in his letter to "reins of power," and that in
twelve months or less I will be ready to carry any measure you may desire
through the Legislature.
The address of the Assembly
passed the House on the 1st of March, 1806, two days before the close of
the session, and bears the impress of the brain, if not the hand, of Judge
Thorpe. Here is the address:
"To His Honor,
Alexander Grant, Esquire, President, administering the Government of the
Province of Upper Canada, etc., etc.:
"MAY IT PLEASE YOUR
HONOR,—We, His Majesty’s most dutiful and loyal subjects of the
Commons of Upper Canada, in Parliament assembled, have, conformably to our
early assurance to your Honor, taken into consideration the public
accounts of the Province, and have, on a due investigation of the same, to
represent to you that the first and most constitutional privilege of the
Commons has been violated in the application of moneys out of the
Provincial Treasury to various purposes without the assent of Parliament
or of a vote of the Commons House of Assembly.
"To comment on this
departure from constitutional authority and fiscal establishment must be
more than painful to all who appreciate the advantages of our happy
constitution, and wish their continuance to the latest posterity; but,
however studious we may be to refrain from stricture, we cannot suppress
the mixed emotion of our relative condition. We feel it as the
representatives of a free people: we lament it as the subjects of a
beneficent Sovereign; and we hope that you in your relations to both will
more than sympathize in so extraordinary an occurrence.
We beg leave to annex
hereto a schedule of the moneys so misapplied, amounting to six hundred
and seventeen pounds thirteen shillings and sevenpence, and we trust that
you will not only order the same to be replaced in the Provincial
Treasury, but will also direct that no moneys be issued thereout in future
without the assent of Parliament or a vote of the Commons House of
Assembly."
That President Grant was
willing to listen to any complaint of the Assembly on any public matter
may be gathered from his reply to the address of that body. which was as
follows.:
"Gentlemen of the
House of Assembly:
"I learn with regret
from your address of the 1st of March that a degree of dissatisfaction
prevails in the Commons House of Assembly with respect to the application
of a sum of money stated to amount to six hundred and seventeen pounds
thirteen shillings and sevenpence. At the time of my accession to the
administration of the Government, I found that various items similar to
those in the schedule accompanying your address had been charged against
the provincial revenue, and acquiesced in for two years preceding, and I
directed the usual mode to be followed in making up the accounts, which I
ordered to be laid before you during the present session. The money in
question has been undoubtedly applied to purposes useful and necessary for
the general concerns of the Province. As I am, however, desirous to give
every possible satisfaction to the House of Assembly, I shall direct the
matter to be immediately investigated, and if there has been any error in
stating the accounts, take measures to have it corrected and obviated for
the time to come."
President Grant lost no
time in making the investigation promised in his answer to the address of
the Assembly. On the 14th of March he wrote to Lord Castlereagh, Secretary
of State, giving him a statement concerning the circumstances which gave
rise to the address of the Commons and his reply. After some preliminary
remarks, excusing if not justifying the issuing of his warrant to cover
expenses connected with the Government, he said:
"The language of that
address is intemperate, especially when the bounty of Great Britain to the
Province is taken into consideration. But I should be sorry if your
Lordship supposed that the members of the House of Assembly for the
greater part are inimical to the measures of the Government. They wish to
do what is right; but sequestered from the world, and some of them not
having had the benefit of a liberal education, they are ready to be
influenced by the persuasion of others who, by their means, endeavor to
perplex if not to distress the administration of the Government of this
Province."
The concluding paragraph of
the letter to Lord Castlereagh was a palpable hit at Judge Thorpe and his
interference in the work of legislation, notwithstanding the fact that he
was not a member of the Assembly. It gives a clue also to what Judge
Thorpe had in his mind when in his letter to Under-Secretary Cooke he
wrote: "I have had some public opportunities which did not escape me,
and in private I will cultivate all that are deserving or that can be
made useful."
President Grant’s
investigation of the appropriation of moneys referred to compelled him to
say to Lord Castrejeagh:
"I must, however,
respecting the subject of the address, candidly confess, and since the
prorogation of the Legislature I have taken every means to be informed,
that I cannot discover anything by which the Governor,
Lieutenant-Governor, or person administering the Government, possess the
power of appropriating to specific purposes any part of the revenue raised
for this Province by the Acts of its Legislature, without the assent of
that Legislature to such appropriation. I therefore cannot help offering
it to your Lordship, after the best consideration that I am able to give
this subject, as thy opinion, that matters should be put on the same
footing as they were from the establishment of the Province to the year
1803, and that the items of expenditure charged in the year 1805,
mentioned in the address of the House of Assembly, and stated in the
schedule, should be withdrawn as against the duties imposed by the
provincial authority. This would give complete satisfaction, and I have
little doubt but that in such case, as in Lower Canada, the Legislature
would appropriate a sum according to its abilities for the support of the
civil government of this Province out of the revenue which is raised by
authority."
It is necessary only to add
that the advice of President Grant in regard to the expenditure was
followed. The Legislature, after his administration ceased, voted the
necessary expenses which had been incurred. The right of the Assembly in
the matter of expenditure of moneys was maintained, and the constitution
saved from a serious wrench. In view of what had gone before, it is
interesting to note that by the time it fell to the lot of the succeeding
Assembly to follow the counsel or suggestion of President Grant, Judge
Thorpe had succeeded in obtaining a seat in the Legislature, and was the
only member of the House who opposed the resolution of the House
withdrawing its claim to the appropriation, or, as Judge Thorpe would say,
the misappropriation of the moneys referred to. In all this matter
President Grant had but followed a precedent which had been set by a
previous Government, and condoned by the passive assent of Parliament.
Judge Thorpe was strictly correct in his constitutional law, and had he
been a member of the Legislature no fault could have been found with his
actively interfering to thwart the Government in an expenditure, however
necessary, made without the assent of the House of Assembly previously
obtained.
It reflects credit on the
administrator of the Government, that finding the precedent which he had
followed was not justified by the constitution, he quickly set about
having the precedent repudiated. Happily the rights and privileges of
Parliament are better understood to-day than they were in the days of Mr.
Justice Thorpe, perhaps in some measure due to the acuteness of that
political judge.
Commadore Grant married
Miss Theresa Barthe, a French lady, on 30th September, 1774. By her he had
one son and eleven daughters. The writer was well acquainted with the son,
Colonel Grant, who was living in Brokville in 1828. Those of the daughters
who attained maturity were married to persons of note in their day. Their
names will be recognized in those of their descendants, the Nichols,
Gilkinsons, Dicksons, Duffs, Millers, Woods, and Richardsons. All the
children of Commodore Grant were of large frame and comely appearance.
Colonel Grant, his son, was a tall man, upwards of six feet in height, and
of powerful build, a good representation of a Highland chief.
Colonel Gilkinson, of
Brantford, and Judge Woods, of Chatham, are grandsons of Commodore Grant;
also Alexander Miller, of Detroit.
Commodore Grant died at his
residence at Grosse Point, on Lake St. Clair, ten miles above the city of
Detroit, sometime in the month of May, 1818. Here had he lived the most of
his life, making periodical visits to York (Toronto) in the performance of
his public duties. |