[riddell] upper CANADA A CENTURY AGO 9 



The most interesting, if not the most valuable, documents con- 

 cerning Upper Canada a century ago, are to be found among the 

 Sundries, U.C., in the Canadian Archives; and I shall devote the 

 remainder of this paper to what is either expressed in these documents 

 or is indicated or suggested by them. 



The reports of the judges to the Lieutenant-Governor throw a 

 lurid light on the brutality of the criminal law, but at the same time 

 often indicate the means taken to mitigate its rigours. 



Mr. Justice Campbell took the Home Circuit at Hamilton ^^ (now 

 Cobourg) for the District of Newcastle,. September 18. At the 

 Newcastle Assizes was tried an Indian lad, Negaunausing, ten years 

 old, who had shot "a European boy, John Donaldson, of nearly 

 the same age." He was a bright and intelligent lad; he quite under- 

 stood what he was doing and his nonage did not save him from con- 

 viction for Malitia supplet aetatem. He was sentenced to death. 



Mr. Justice Campbell made a formal report. The case of the 

 young Indian was taken up by Charles Fothergill of Rice Lake and 

 Port Hope,^^ and the matter again submitted to the trial judge for his 

 opinion. He advised clemency: although the boy undoubtedly 

 understood the act and intended the result, there were three reasons 

 for mercy — his youth, his ignorance of the consequences to himself 

 of the crime, and the absence of any previous quarrel or ill will. 



i^Called after the township in which it is situated. For some time after the 

 foundation of the present city of Hamilton there was a distinction made between 

 Hamilton and Hamilton in the Gore District. The name Cobourg was well estab- 

 lished by 1821 when the Sheriff received a charter for a fair "in the town of Cobourg 

 in the Township of Hamilton," August 2. 



For a provision for sale of the old site after construction of the new Court House 

 see the Statute (1836), 6 Wm. IV, c. 23 (U.C.); but that is another story. 



i^Charles Fothergill, J. P., was an Englishman of superior education; he had 

 an elegant cottage at Port Hope and a residence on Rice Lake. He spoke against 

 Robert Gourlay at the memorable meeting of the inhabitants of the Township of 

 Hope and Hamilton in 1818 which ended Gourlay's hope of success in the District 

 of Newcastle. He became King's Printer in 1821, published the Gazette and the 

 York Almanac. He, however, lost that situation in 1826 on account of his conduct 

 in the House of Assembly in which he was member for Durham. He was an accom- 

 plished naturalist and wrote several volumes of manuscript on the animals and 

 birds of the continent. He supplied the celebrated artist, Bewick, wàth a horned 

 owl stuffed for illustration, and took an active part in an abortive scheme for a 

 Museum and Institute of Natural History and Philosophy with Botanical and 

 Zoological Gardens attached at York (Toronto) . See my "Life of Robert (Fleming) 

 Gourlay," Ont. Hist. Soc. Papers and Records, vol. 14 (1916), pp. 37, 60. 



The Indian name "Ganaraska" was replaced by "Smith's Creek" from the 

 mill stream at whose mouth it was built — as Cobourg, seven miles east, was some- 

 times known as Perry's Creek — the village Ganaraska had the name Toronto for 

 a short time, but when made a Port of Entry the permanent name Port Hope (from 

 the township in which it was situated) replaced all others (1820-21). 



