Name/Title
PaperEntry/Object ID
RF2,PerthHistoryDescription
RF2 - Reference Paper 2:
Paper on the Early Municipal History of Perth, and which of necessity includes references to facts which pertain to the District in General as well as to Perth in particular.
By
J. A. Stewart
February, 21st, 1896.
I have not succeeded in following out any regular scheme of recording the facts contained in this paper, either as regard date, or connection, but have obliged at times to follow along the line of connection without reference to date, and at times to observe date and ignore connection.
In my former paper on this subject, I dealt fully with the mode of managing Municipal matters as the time of the settlement of this District, which system was still in vogue up to the year 1842, when the first Municipal Act (which had been passed the year previous) worked a complete change. In order, however, that this paper may be complete in itself, I will again, as briefly as possible, explain the system.
Justices of the Peace were appointed in every District by the Governor, and the Act authorizing such appointments, directed that the persons so appointed should be the most efficient persons dwelling in the District. As a result, we find the early Sessions composed of the most representative and influential men in the community.
The act regulating the meetings of the Sessions of the Peace required that the Justices should sit together four times a year, and it is from these quarterly sittings that the term "Quarter Sessions" arose.
This body had a two-fold jurisdiction, first, it dealt with certain criminal offences, the assembled magistrates acting as Judges and being assisted by juries as at the present day. In case of differences of opinion or judgement, the majority carried and in case of a tie, the chairman decided the matter. Then again they appointed from their number, two or more justices who were to constitute a Court of Requests for each township, and this court had a civil jurisdiction over matters up to $5.00, similar to our Division Court. The second capacity in which the Justices assembled in quarter session acted, and the one with which we are most interested now, was of a municipal nature.
There were no Municipal Councils or Boards of Education, and this local House of Lords without the ballast of a Commons, and without the fear of an angry Electorate with whom to count each January, were privileged to legislate for the ratepayer, as in their wisdom seemed best. Owing perhaps to the sterling qualities of the man who composed the sessions, there does not seem to have been any widespread feeling of dissatisfaction with the system in this district. The principle, however, was so much opposed to the democratic feeling of the age, it is a matter for surprise that it existed as far into the century as the year 1842. The municipal functions of this body were chiefly legislative, and the people had some say with regard to the administrative branch. The high constable, by proclamation signed by two Justices of the Peace, convened the ratepayers together on the first Monday in January of each year, and at this meeting the following officers were chosen: - Parish or Town Clerk, Assessors, Collector, Overseers of Highways, Pound-keepers, Town Wardens and High Constable. The voting of the town meeting was by count of heads and the persons elected were reported by the High Constable, who presided, to the Justices in Session at the March sittings, and by them sworn and installed in office. Where any municipality neglected to hold the town meeting, the Sessions made the appointments. A review of the officers appointed by the people will show how carefully the rights and powers of the Sessions were guarded, not one of the offices gave scope for the least jurisdiction.
All rates were ordered to be levied by the Sessions, and they alone had to do with the appropriation of the money collected. I regret that I have had to this far repeat in substance what was contained in my former paper.
One of the most difficult matters with which the County Councils have to deal at the present day, and that which was the bone of contention resulting in the separation of Perth from the County of Lanark, for the municipal purposes, and the threatened withdrawal of Smiths Falls at the present time, is the equalization of assessments. The money raised for County purposes is levied from the different municipalities, by a rate upon their total assessment.
Each municipality appoints its own assessors, and one can readily see how values in the different sections will vary, and the fact is, some Townships are assessed much higher according to value, then others. This of course, operates in favor of the Townships with a low assessment, and it was a result of an attempt on the part of Perth have assessment equalized, that caused our withdrawal from the County.
At the time of the settlement of his District, trouble of this kind was not encountered, for the reasons that the assessed value of different classes of property was fixed and made uniform, not only for the district but throughout this Province, by Statutory enactment. It may be that a short reference to some of the assessed value of property in those days, will be of interest now.
By an Act passed in 1819, it was enacted that the following values be the basic of the assessment throughout the Province.
FARM LANDS.
Available pasture or meadow land, 20 shillings per acre.
Uncultivated land, 4 shillings per acre.
TOWNS & VILLAGES.
Houses built with timber squared or hewed on two sides, one storey, and with not more than two fireplaces, 20 pounds, and for every additional fireplace 4 pounds. For two storey houses of the same class, with not more than two fireplaces, 30 pounds, and for every additional fireplace 8
Frame houses under two stories, and not more than two fireplaces, 35 pounds, and for every additional fireplace 5 pounds. Brick or stone homes, one storey and with not more than two fireplaces, 40 pounds, and each additional fireplace 10 pounds. Frame, brick or stone houses more than one storey, and more than two fireplaces, 40 pounds, and each additional fireplace 10 pounds.
Every stove to be considered a fireplace for the purpose of this Act.
Every closed carriage kept for pleasure was to be assessed at 100 pounds. Every open carriage or phaeton at 35 pounds.
Every gig or other carriage at 20 pounds and every wagon at 15 pounds.
Every one keeping a billiard table for hire was required to pay a license fee of 40 pounds per year.
The Bathurst District is first mentioned in an Act of A.D. 1798, when the tract of land comprising the Counties of Carleton, Lanark and Renfrew (except the Townships of North Elmsley and North Burgess) were set apart, and were to be known as the County of Carleton.
The judicial division of the Province at that time, and for half a century afterwards, was into Districts, and until a Division was raised to a District, it was known as a County.
Districts were also subdivided into Counties for the purpose of Parliamentary representation, but it was only by being raised to a District that a division secured a separate judicial or municipal existence.
The Act of 1798 which set apart the County of Carleton, attached it to the Johnstown District, and from 1798 till 1822 all matters of a legal or municipal nature were transacted at Brockville, which was the headquarters of the Johnstown District. Perth was first settled in 1816, and it will thus be seen that for six years after that date the Quarter Sessions at Brockville would have charge of the municipal affairs of this District, and matters beyond the jurisdiction of the Sessions would also be passed on, at Brockville, which was the most of all the courts of law for the District. By the Act of 1798, it was provided that when and so soon as the Lieutenant Governor, or person administering the Government in his Province, should think fit, the County of Carleton was to be declared a separate District under such name as should be chosen by him. In pursuant of this provision, on Nov. 13th 1822, Lieutenant Governor Maitland issued a proclamation creating the County of Carleton a separate judicial District, under the name of Bathurst, and this is the starting point of the Bathurst District.
On the 29th of January A.D. 1823, an act was passed by the Parliament of Upper Canada, confirming the proclamation of the Governor, and ordering that a special session of the Justices of the Peace in the District be held immediately at the Town of Perth, for the purposes of licensing public houses, which in the opinion of the legislature of the day, seemed to be a most important matter, as no other business was ordered to be done, and the fact is, none other was introduced. A year after the operation of the Bathurst District, on the 19th of January 1824, an act was passed dividing the District into the Counties of Lanark and Carleton, for the purpose of representation in Parliament, but for all other purposes this division had no force. By this division Lanark County was to contain the townships now embraced within its limits, (except the Townships of North Elmsley and North Burgess) and the unsurveyed territory now comprising the County of Renfrew. The balance of the District was to be, and is now known as the County of Carleton. It is from this Act that Lanark County derives its origin.
It might be mentioned here with reference to the administration of local affairs during the period intervening between the date of the first settlement and the year 1823, during which time this County was attached to the Johnstown District, that, as the first settlers were composed of retired army officers and men who came here under the wing of the military authorities, many matters which came within the purview of the Quarter Session, and under ordinary circumstances would have been attended to from Brockville, were dealt with by the Superintendent of the Settlement, by authority vested in him by proclamation of the Lieutenant Governor, from time to time. These, however, were only of minor importance, and the regular business of the County was transacted at Brockville, even at the time Perth was essentially a military Settlement.
As stated above, the Act creating the Bathurst District, ordered that a Special session of the Justices of the Peace be held for the purpose of licensing public houses. This Session was held in a log building which has been erected as a Court House, somewhere on the site of the present County Buildings. By the Act governing the Sessions, the regular meetings were to be in the months of March, June, September and December. This special, as well as a second Session, were held between the passing of the Act in January, and the regular Session in March of 1823, but the day and month do not appear by the minutes.
The Justices who composed the first Session of the Peace for the Bathurst District, were Alexander Thom, William Marshall, G. Bourke, John Watson, Joseph Maxwell, Geo. J. Joynt, James Wetherly, Alexander McMillan, Francis Cummings, Alexander Fraser, Roderick Matheson and Henry Glass. Dr. G.H. Reade was the first Clerk of the Peace, and as such was practically Secretary of the Sessions. It was ordered by Act above referred to, the only business introduced at this meeting was the issuing of licenses to public houses, and those in Perth included in the list appear to be.
William Matheson, whose hotel was at the corner of Foster and Drummond Streets, where Mrs. Shaw now lives. Mr. Matheson afterwards opened up hotel on the corner where Meighen's store no is. This house was called the "Coffee House". He afterwards started a boarding house in the brick building opposite the Church of England, now owned by Mr. Stone.
James Blair, who kept hotel on Drummond Street, on the corner below Robert Little's and where Mr. John Stafford lives.
Euphemia Cameron whose house was further south on Drummond Street, on the site of Mr. McGlade's residence.
Jack Adamson, who kept hotel on Craig Street, in the house owned by the Frasers, and which was known even at that time as "The Red House". This building has had quite a history, but there seems to be no doubt it was first occupied as a hotel. These appear to be all the licenses issued in Perth at that time but the list also includes John Balderson, who kept house at the corners which still bear his name. James Armstrong, who is also on the list, lent his name to the cross roads which are yet known as Armstrong's Corners.
A rather peculiar provision of the license law at his time was the section which enacted that all fairs held in the Province, it shall be lawful for every person to sell ale, beer, cider or other liquors not spirituaus, in booths erected on the street or in other places. At the second meeting of the session, $200.00 was ordered to be spent on the Court House, and William Morris was appointed the look after the expenditure.
The first regular meeting of the Sessions was held in March, 1833; at this meeting John Watson was elected Treasurer of the Bathurst District. Mr. Watson's house was where Mr. Robert Thompson now lives. Mr. James Young who had been appointed Gaoler by the Sheriff, with whom the appointment rested at the time, had his salary fixed at 40 pounds and this was from time to time raised until it reached 62 pounds. Mr. Young, after occupying the position for many years, retired and went farming out about Balderson's Corners. He was succeeded as Gaoler by William Matheson above referred to. Sheriff Powell, to whom Mr. Young owed his appointment, and who was the first Sheriff of Bathurst, lived on the property which he has immortalized as the Powell property. At this meeting Mr. John Greenley, Sr., was appointed the first inspector of Weights and Measures for the District. Mr. Greenley owned the 25-acre lot at the North end of Wilson Street and at the corners which still bear his name.
William Matheson was the first High Constable of the District. In fact, Mr. Matheson seems to have been quite an important personage in the early days of the Settlement. The limits of the gaol are not out in the minutes of this meeting, and are stated to include the four-acre block bounded by Harvey, Craig and Drummond Streets, running back to the river and six feet into the stream, and to include the Protestant and Catholic Church grounds, and the streets fronting on the said four-acre block. Josiah Richey was the surveyor who laid out the gaol, but I have not succeeded in getting any particulars as to his history and connections. At his Session William Matheson was also appointed to the position of Collector of Taxes for the Township of Drummond.
It might be well to mention here that up to the year 1850 Perth had no existence separate from the Township of Drummond.
A few words as to the solemnization of marriage at this time may be of interest. By an act of 1793, it was provided that until such time as there shall be five persons or Ministers of the Church of England severally incumbent and doing duty on and in their respective parishes, or places of residence in any one district, persons desirous of intermarrying with each other, and neither of them living within eighteen miles of any person or minister of the Church of England, may apply to any Justice of the Peace within the District, and such Justice was given authority to perform the marriage ceremony according to the forms of the Church of England, after observing certain formalities. He was first to cause to affixed in some public place in the Township or Parish where the parties lived, or if they lived in different Townships or Parishes, then in public placed in each, the following notice: -
"Whereas A. B. of --- and C. D. of --- are desirous of intermarrying with each other, and there being no Parson or Minister of the Church of England within eighteen miles of them or either of them, all persons who know any just impediment why they should not be joined in matrimony, are to give notice thereof to E.F. Esquire, of ----- District". When three Sundays had intervened after the publication of this notice, the Justice could proceed to solemnize the marriage. The Justice was entitled to one shilling for solemnizing the marriage. The Act expressly lays it down that he is not to receive more than the above sum. In 1798 an Act was passed giving authority to the General Quarter Sessions to grant licenses to regularly ordained Ministers of the Church of Scotland, or of Lutherans, or Calvinists, to celebrate the ceremony of matrimony, according to the forms of their respective churches. A minister of any of the above dominations desiring to secure such license, had to appear before the Session with seven members of his congregation who certified that such Minister was the settled clergyman of their congregation. He had then to satisfy the Justices of his ordination, take the oath of allegiance, pay the Clerk of the Peace five shillings, and a license was then granted to celebrate marriage, where one at least of the parties had been a member of his congregation for six months before the marriage, and due notice had been given on three several Sundays previously. This was the state of the law at the time of the settlement of the Bathurst District, and at the June Sessions of 1823 to Rev. Dr. Gemmell and the Rev. George Buchanan appeared before the Session with the requisite number of members of their congregation and Dr. Gemmell was appointed to Lanark, and Mr. Buchanan to Beckwith, and each was licensed to perform marriage. These were the first ministers authorized by the Session of the Bathurst District to perform marriage, and if any were so privileged who did not require authority from the Session, except of course, the Ministers of the Church of England, previous to this date, it must have been by virtue of licenses issued to them by the Quarter Sessions at Brockville, during the period between 1816 and 1823, and when this County was attached to the Johnstown District.
In September of 1823 the Rev. Alex. Glen of Scotland, a Presbyterian Minister, was appointed and licensed for Richmond, and from time to time we find appointment made to different parts of the District. It will be noted that by the act above referred to the Sessions were only authorized to issue licenses to Ministers of the Presbyterian, Lutheran and Calvinist Churches. In 1831 an Act was passed extending the privilege to the Church of Scotland, Presbyterian, Congregationalists, Baptists, Independents, Methodists, Mennonites, Tunkers and Moravians.
At the June Sessions of 1831 the Rev. John C. Davidson, a Methodist Episcopal Minister, appeared before the Session and in pursuance of the provisions of the above Act, was granted a license to perform marriage, as it was only a few months before his appointment that the Act was passed. In 1833 the Rev. James Brock, a Minister of the Wesleyan Methodist Church, was appointed to Lanark with license to marry. Mr. Brock appears to be the first apostle of John Wesley to raise a standard in the District.
When the Bathurst District was created, it became entitled to representation in the Provincial Parliament, and Mr. William Morris was the first member elected. At this time the sessional allowance of members of Parliament was paid by the District which they represented, and at the June Sessions of the Justices of the Peace of 1823, we find the sum of 58 pounds 10 shillings voted to Mr. Morris as his allowance for service as member.
The question of a market for Bathurst District was one dealt with quite early in the history of the District. An act passed in January 1822, by the Provincial Parliament, recites that it is expedient for the convenience of the inhabitants of the County of Carleton that a market should be established in Perth. This was, you will note, about a year previous to the creation of the Bathurst District, and accounts for the use of the term County of Carleton, as applied to this District.
The Act provides that the Justices may make regulations for conducting the market and provides that such regulations should be posed in public places in the Townships in the County, and at the doors of the churches in Perth, the regulations to come into force three weeks after publication of the notices.
This Act does not seem to have been adopted by the Justices until after the formation of the Bathurst District and the separation of the County of Carleton from Johnstown District. At the September Sessions in 1823 we find that on prayer of the inhabitants of Drummond, which included Perth, a market was established in Perth and Tuesday and Saturday selected as market days. The island was not apart as the limits of the market, and a frame building was shortly afterwards erected for market purposes, on about the site of the present structure. The regulations provided a penalty of 20 shillings for any violation of the provisions or for selling anything out of the market limits before the hour of 2 o'clock pm.
David Hogg was appointed Market Clerk. He lived at what is now McLaren's landing, below the Town Line, but further than this I have not succeeded in learning anything of his history or connections. In March of the following year, that was in 1824, Mr. Hogg was appointed Town Clerk for Drummond and Inspector of Streets for Perth, but from this time forward his name does not appear in the public records. In this same year Mr. William Matheson again appears on the scene, and this time he carries away with its emoluments, the office of pound-keeper for Perth.
In 1825 Mr. Benjamin Tett was appointed Town Clerk of Drummond, and the year following, 1826, was made Deputy Clerk of the Peace for the District, in which position he succeeded Mr. C.H. Sachs. Mr. Tett also conducted the first school in the District. This was on the site now occupied by Mr. John Riddell on Herriott Street. He afterwards moved to the house which recently stood on the McMaster lot on Gore Street, opposite the Methodist Church. Mr. Tett eventually left Perth and took up his residence in the County of Leeds.
On the 17th day of January 1826, Col. Alexander McMillan was appointed Registrar of the Bathurst District, and at the Mach Sessions of that year he was installed in office and entered into bonds for the faithful performance of his duties. His bondsmen were Mr. William Marshall and Mr. Roderick Matheson. The security was, from McMillan himself, $1000, and from Marshall and Matheson $500 cash. Colonel McMillan first lived on the lot now occupied by Henry Taylor. His residence there was destroyed by fire and be built on the lot opposite now occupied by Hon. Peter McLaren. For a time after his appointment as Registrar he kept the office and papers in his own house.
In September 1826, Anthony Wiseman was appointed High Constable for the District, which position he occupied for many years. He owned the property at the corner of Beckwith and Harvey Streets, now occupied by Mrs. Johnston. Wiseman was also Crier for many years. This office might be considered rather novel at the present day, with printing as generally in use, but in the early days before the introduction of printing presses in the District, we can readily understand the necessity for the office. Official matters of which public notice had to be given, were announced by the Crier, who would travel the section in which the notice was to be given, stop at certain public places and ring a bell he always carried. When the crowd had collected he would make his announcements and move on the next stopping place. Mr. Wiseman was an old soldier whose early education had been so neglected that he could neither read nor write. It was necessary, as High Constable, that he should certify to certain matters during the Session and to do so it was necessary that he should sign the documents from time to time. To get over his difficulty some of his friends taught him to write his name mechanically, and for years his name appears on official documents when he seemed not have known one letter from another, oven in his own name.
At the December Sessions in 1826, the Chairman of the Sessions, Mr. Roderick Matheson, Mr. John Watson and the Clerk of the Peace, were appointed a Committee to procure a map of the District. Nothing seem to have resulted from their efforts, for at the September Sessions in 1832, nearly six years afterwards, we find it ordered that a map of the District should be compiled, showing the Townships in order that the relative situation of the rivers and roads should be made certain.
This map was gotten up by Mr. J. H. Cummings, and in June of 1833 he was voted 10 pounds by the Session for his services in this connection.
Up to the year 1827 there does not seem to have been any system of audit of the public accounts. In June of this year, however, the Justices, after reciting that it is expedient that the accounts of the public officers should be inspected annually, appointed Alexander Thom, Roderick Matheson, and Alexander Fraser a Committee to audit and publish the accounts for the District.
The first printing which I can find as having been paid for by the Session, appears to have been done by Rev. Dr. Gemmill, who is the same gentleman appointed Presbyterian Minister at Lanark in 1823. His account appears in 1827.
It 1827 Mr. John Jackson was appointed Inspector of Weights and Measures for the District. Mr. Jackson lived on the lot now occupied by Mr. William Meighen. His house was burned down and the dwelling which rose, Phoenix like, from the ashes was a structure remarkable, as having been erected, shingled and completed generally in one day. The workmen who assisted in the building numbered between one and two hundred. I have not been able to learn the reason for all the haste in this case. Mr. Jackson was a very prominent Methodist and was an engineer on the construction of the first Tay Canal.
The first appropriation of local moneys for school purposes, was in 1828. In the December Sessions of that year the sum of 30 pounds was voted for the purposes of education in the District, and Justices Matheson, Marshall and Sache, with the Rev. Mr. Harris and opposite Mr. Kerr's residence. He afterwards owned and edited the Bathurst Courier.
In this same year an order was passed to still further enlarge and improve the Court House.
In December 1829, we find a rather amusing order in the minutes of the Sessions. It was in this year that Isby (Easby) was hanged, and it would seem a claim was made on the Sessions by the Sheriff for the expenses incurred in connection with the execution. The point was a new one there seemed to be such difference of opinion amongst the Justices as to whether the Sheriff should not bear the expense himself. It was, however, ordered that the Sheriff be paid the expenses of the execution of Isby (Easby), but upon the express understanding that it is not to be a precedent on future occasions of a like kind. Evidently it was expected neck-tie socials were to become quite the rage in the District.
In this same year William Matheson is again in evidence, this time as Street Surveyor for Perth. This is the last time he appears as a candidate for office up to the time of his appointment as Gaoler on the retirement of Mr. Young. During the time not occupied in the fulfilment of the varied duties of his many offices, Mr. Matheson followed the vocation of Auctioneer.
It is rather interesting to find the Sessions in Perth as late an 1830 dealing with matters of the variest detail in the management of local affairs in By-town, but in June of that year the Justices here decided the limits of By-town, appointed a Street Surveyor and Pound-keeper, and set the fees the latter should receive from the owners of stray animals.
In June of 1831 a grant of 12 pounds 10 shillings was made for the purpose of building a bridge across the Tay at the Burial Ground, and in the same year estimates were asked for the building of a bridge across the stream at Mr. Graham's. This is the bridge at G.B. Farmer's.
The stone bridge known as Lock's bridge, which was removed to make way for the present iron structure, at the time of the Canal extension, was completed in 1837. It was built by Spalding and Mahon. Spalding was the grandfather of Mr. James Spalding of Perth, but of Mahon I have not been able to learn anything. It would seem the cost of the bridge was 41 pounds and 8 shillings for masonry, as this is the amount ordered to be paid to the contractors.
In 1832 Mr. Watson resigned the position of Treasurer and Mr. John McKay, who lived on the Scotch line, was appointed in his stead. Mr. Henry Glass and Colonel Alexander Fraser were bondsmen for Mr. McKay.
In this same year the Court House, which had been greatly enlarged and remodelled, was insured for 2000 pounds, and the fire of a few years later shows what a wise precaution this was.
In 1834 the first provision for medical attendance for the prisoners in the gaol was made; 5 pounds was set aside for such services and Dr. Reade appointed gaol surgeon. In September of 1834 John Jackson was succeeded in the position of Inspector of Weights and Measures by Malcolm McPherson. Mr. McPherson purchased Jackson's famous one-day house, which he afterwards removed, building a stone dwelling which is a portion of the present residence of Mr. William Meighen.
In 1835 Mr. David Hogg was appointed Street Surveyor, and in 1839 High Constable for the District. Mr. Hogg was an uncle of the present Mr. David Hogg's father. He built and owned the building on the corner of North and Gore Streets where Mr. Peter McTavish now lives. The left Perth not many years after and settled in Western Ontario, where he died not a very great time ago.
The scheme of borrowing money for municipal purposes by the issue of Debentures, w... [truncated due to length]