artime
in Upper Canada, which had a mixed population of loyalists and
more recent American immigrants, posed problems for individuals
and the government. General Brock began the war pessimistic about
the loyalty of a significant part of the population and doubts
remained about the reliability of the newcomers throughout the
war. The level of political disaffection or pro-American sentiment
in the province is difficult to measure. The refusal of the Legislative
Assembly to suspend Habeas Corpus early in the war has been interpreted
as disloyal or a principled stand against arbitrary government,
depending on the view of the writer.
There is no doubt that some residents actively helped American
forces when parts of Upper Canada were under military occupation.
Joseph
Wilcocks and his Canadian Volunteers fought on the
American side at Fort Erie (Wilcocks was killed during the attack
on the siege works in September). Others left the province during
the war for the United States, possibly out of loyalty to that
country, possibly to avoid militia service or possibly to avoid
the destruction visited by both sides along the border areas.
Loyalty to the British connection and support for the military
effort was also part of the wartime reality. The role of the militia
in the defence of Upper Canada has been the subject of debate
for decades. However, many served and a number were killed or
disabled and provisions were made for widows and orphans pensions
through public and private sources.
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he
Loyal and Patriotic Society was established to raise and
distribute money on behalf of militiamen and their families who
faced hardship arising from the war. The Society heard submissions
from militiamen and their dependants and issued sums based on the
level of hardship. |

| On March 19th, 1814 a committee consisting
of Duncan Cameron, William Allen, Quetton St. George, Thomas Ridout
and Alexander Wood heard an application from John White, a carpenter
from Quebec who had served as a volunteer on the Detroit frontier.
“He was charged with Boats of stores by Gen’s Proctor
on the retreat from Amherstburg
up the River
Thames …he proceeded on his route to Burlington
but was overtaken by the Enemy at the Battle of Moravian Town,
plundered of all his money..wounded and left for dead”
The Board awarded him one hundred dollars in compensation.
Click
here to see a larger image (332K)
Broadsheet announcing the resolutions of the inaugural meeting
of the Loyal and Patriotic Society, 1812
Miscellaneous collection
Broadsheet
Reference Code: F 775, box MU 2102
Archives of Ontario
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John
Strachan was the first Anglican Bishop
of Toronto, and a leading supporter of the British
connection in the province during and after the War of 1812.
He was instrumental in organizing the Loyal and Patriotic
Society.
“I am sorry
indeed for the calamities in Upper Canada, & especially
at York; but I have not heard any particulars of our disasters
there except from the American newspapers, & verbal
accounts from Montreal. … In my sermon on the [Fast]
day of May 28th I recommended subscribing to the Patriotic
Society of Upper Canada. We are going to collect [here],
& I shall send subscription papers to the other places
where they propose contributing.”
Extract
from an original Letter from C. Stewart Strachan to his
brother John Strachan (York)
June 7, 1813
John Strachan fonds
Reference Code: F 983, box MU 2893
Archives of Ontario |
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![Lithograph: Right Rev. John Strachan, D.D., [ca. 1865] Lithograph: Right Rev. John Strachan, D.D., [ca. 1865]](pics/s_21248_strachan_270.jpg)
Click here
to see a larger image (212K)
Right Rev. John Strachan, D.D., [ca. 1865]
Artist unknown
Lithograph
Reference Code: S 2148
Archives of Ontario
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The Final Report of the Loyal and Patriotic Society
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to see a larger image (177K)
Final Report of the Loyal and Patriotic Society, 1817
Loyal and Patriotic Society
Book
Reference Code: 971 .034, pages 246 and 247
Archives of Ontario Library |
The report provides an entry for each payment
made from the funds administered by the Society between 1813
and 1817. The entry for Daniel Springer
of the London District reads in part:
“Captain Springer
exerted himself in defending the province, by actively performing
his duty on all occasions; he as usual therefore became
obnoxious to the enemy and the disaffected, a party of whom
seized him on the 1st February, 1814; and after binding
him, took his own horses and sleigh, and placing him in
it carried him to Kentucky…” |
In recognition the society awarded Springer and his family £50.
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One of the contributors to the fund
was Elizabeth
Posthuma Simcoe, £25, the wife of the first
Lt. Governor of Upper Canada and the artist responsible for some
of the illustrations in this display.
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hose
who came through the war able-bodied were eligible for land grants,
in part obtained through the seizure of lands of those found to
have been disloyal. Loyal service was also marked through personal
advancement, as the subsequent careers of John Beverley Robinson,
John Strachan, William Hamilton Merritt, the Ridouts and the Nelles'
attest to, at least in part.
[Portrait of William Hamilton Merritt], 1860
William Notman
Black and white negative
Reference Code: S 657
Archives of Ontario |
![Photo: [Portrait of William Hamilton Merritt], 1860 Photo: [Portrait of William Hamilton Merritt], 1860](pics/s_657_merritt_270.jpg) |
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In the lower left corner on this plan we can see which parts
of land were granted to William Hamilton Merritt for his service
as captain of a company in the Troops of Provincial Light Dragoons.
He received a total of 800 acres (concession 2, lots 4, 7 &
8; and concession 4, lot 8).
Click here to
see a larger image (454K)
Zorra township patent plan (detail), [n.d.]
A plan
Reference Code: RG 1-100, C-71, Map A.14, (AO 5973)
Archives of Ontario |
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The acreage allotted varied with the rank occupied by an individual
during the conflict. John Kennedy from Scarborough would receive
100 acres for his service as private in Captain Cameron's flank
company and Joel Judd, a sergeant in the Incorporated Militia,
was granted 200 acres.
Click
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Register of militia grant, 1820-1850
Textual record
Reference Code: RG 1-152-0-1
Archives of Ontario |
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n
March 14, 1814, the Legislature of Upper Canada passed three acts
as emergency measures. The first limited the right to habeas corpus
applications for those accused of treason; the second provided for
trials for treason and related charges in districts outside the
area where the alleged offences occurred; the third act, and the
one that had the greatest impact, was the Alien Act which made it
an offence for anyone to have left the province after July 1812
for the United States.
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An Act to empower his Majesty, for a limited period,
to secure and detain such persons as his Majesty shall
suspect of a Treasonable adherence to the enemy.
Statutes of Upper Canada
54 George III
Cap. VI, 1814
Textual record
Archives of Ontario
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Click
to see a larger image (467K)
An Act to declare certain Persons, therein described,
Aliens, and to vest their Estates in His Majesty.
Statutes of Upper Canada
54 George III
Cap IX, 1814
Textual record
Archives of Ontario |
Special Commissioners
were appointed under the Act to investigate individuals accused
under its terms. The Commissions had the authority to declare
the individual an alien and thus ineligible to hold land in Upper
Canada.
The passage of these acts and the subsequent "Bloody Assize"
at Ancaster was the direct result of the reverses suffered by
the British in the Niagara
and Western
Districts during 1813.
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Those inclined to support the invaders were in a position to
do so, and many personal scores were settled through the destruction
of property of those who were loyal or by the kidnapping of active
militia officers.
Many of the prisoners tried at Ancaster had been captured in
a raid by militia under the command of Colonel Bostwick on a party
of U.S. troops and Canadian irregulars near London.
Click
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An Act for the more impartial and effectual trial and
punishment of High Treason, and Misprision of High
Treason, and Treasonable practices in this province.
Statutes of Upper Canada
54 George III
Cap. XI, 1814
Textual record
Archives of Ontario
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The near anarchy in the region west of the Grand
River after Proctor's defeat at Moraviantown made it impossible
to hold the trials in that area as would be the normal procedure.
It was also feared that Justices of the Peace friendly or sympathetic
to the accused would grant bail, allowing them to slip over the
border or behind enemy lines.
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“To the Sheriff
of the said district [Johnstown District], his deputy or
either of them. Greeting. Whereas information on the Oath
of good and lawful persons residing within this province
is made to me as a commissioner that Ebenezer Sandrus, late
of [Yonge], has been guilty or has given great leans [suspicion]
of his being guilty of treasonable practices.You are therefore
commended (in the King's Majesty's name) to apprehend the
body of him, the said Ebenezer Sandrus, now residing at
Gananoqua [sic] in said district and bring him before His
Majesty's commissioners appointed and authorized by virtue
of the said act to here and determin (sic) such cases and
will sit at the court house in Brockville on Tuesday 16th
August 1814.”
Extract
from an original warrant
for treasonable practice, August 14, 1814
Joel Stone family fonds
Reference Code: F 536, box MU 2892
Archives of Ontario |
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ohn
Beverley Robinson served as the Acting Attorney General
through most of the War of 1812. He took the lead in prosecuting
those accused of High Treason at Ancaster in the Spring of 1814
and secured the conviction of 15 men. All were sentenced to hang,
but 7 were eventually commuted to deportation. The remaining 8
were sentenced to be executed by hanging at Ancaster in July.
Sir John Beverly Robinson, Chief Justice,
Upper Canada, [ca. 1840]
Archives of Ontario documentary art collection
Hoppner Meyer
Print
Reference Code: C 281-0-0-0-143
Archives of Ontario, I0003072 |
![Print: Sir John Beverly Robinson, Chief Justice, Upper Canada, [ca. 1840] Print: Sir John Beverly Robinson, Chief Justice, Upper Canada, [ca. 1840]](pics/s_2976_robinson_270.jpg)
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“It
is wished, and very wisely, to overawe the spirit of disaffection
in the Province by examples of condign punishment by the
laws of the land. Execution of traitors by military power
would have comparatively little influence, the people would
consider them as arbitrary acts of punishment but would
not acknowledge them as the natural effects of justice.”
Copy of
a letter from J. B. Robinson to Sir Gordon Drummond, March
25, 1814
Pre-Confederation Correspondence of the Attorney General
Reference Code: RG 4-1, box 22
Archives of Ontario |
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“Allow me in
a few words to report for his Honors information by his
order contained in your letter in that about 70 person stand
indicted for high treason, of these about 50 have left the
Country and of course will be pursued by the ordinary course
of outlawry….[goes on to describe the acts which led
to the guilty verdicts]…John Dunham…was one
of the ringleaders of the rebels in the London District,
who carried several militia officers, and inhabitants, prisoners
to Buffalo
- his house was their headquarters…Dalton Lindsay,
George Peacock, Benjamin Simmonds - three of the rebels
in the service of the enemy in the District of London in
Nov. last, making prisoners of our militia officers…and
advancing to destroy Dover and take the public Stores there,
were taken in open rebellion by Col. Bostwick's party of
volunteer militia….Aaron Stevens -- A man formerly
in the confidence of the government, of respectable family
and property, convicted of having acted as a spy for the
enemy - going for that purpose to Burlington, when General
Vincent commanded there, surveying the works and garrison
and conveying the intelligence to Gen'l Boyd for a large
pecuniary reward. He was, besides, constantly with the enemy
when they possessed Fort George, and often seen with them
in arms.”
Extract
from a copy of a letter from J. B. Robinson to Captain Loring
Secretary to Gordon Drummond, June 19, 1814
John Beverley Robinson family fonds
Reference Code: F 44, box MU 5911
Archives of Ontario |
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to see a larger image (427K)
Extract from a copy of a letter from J. B. Robinson
to Captain Loring, Secretary to Gordon Drummond,
June 19, 1814
John Beverley Robinson family fonds
Reference Code: F 44, box MU 5911
Archives of Ontario |
“[the prisoners
shall be] hanged by the neck, but not until they be dead,
to be cut down alive, and their entrails to be taken out
and burnt before their faces, and their heads cut off and
their bodies divided into four quarters and their heads
and quarters disposed of at the King's pleasure…”
Extract
from a copy of the order reciting the
sentence under the Treason Act, 1814
Pre-Confederation Correspondence of the Attorney General
Reference Code: RG 4-1, box 2
Archives of Ontario |
It is unclear whether the full rigour of the sentence against
the eight condemned men was carried out. Of the seven whose death
sentences were reprieved, one escaped and two died in custody
before they could be deported from Upper Canada. |
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he
poster to the right lists all those convicted at Ancaster
of High Treason, those outlawed but not captured
for trial for serving with American forces and all those who's
property was forfeited through the proceedings of the Special
Commissions under the Alien Act.
The broadsheet would have been distributed to judicial and local
officials, so far as is known this copy sent to the Clerk of the
Peace for the Newcastle District is the only one to survive.
Click here
to see a larger image (229K)
Treason Poster, 1821
Newcastle District Clerk of the Peace
high treason in War of 1812 poster
Broadsheet
Reference Code: RG 22-3782
Archives of Ontario
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This item comes from General Gordon Drummond’s
Letterbook, which contains copies of his outgoing correspondence.
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Letter from Edward McMahon to Thomas Merritt Sheriff of
the Niagara District , September 20, 1814
Sir Gordon Drummond fonds
Reference Code: F 955
Archives of Ontario
Thomas McMachon served as his secretary in the fall of 1814.
The authorities reacted to invasion and treason by contemplating
punishment of the families of those executed or declared outlaw,
though there is no documentary proof that the order was carried
out. The severity of an order like this shows the depths of feeling
in the province after two years of war and the kind of extraordinary
measures the authorities were willing to take in the interests
of security.
The War of 1812 seems like a small matter to later generations
but it affected the whole population of Upper Canada in a profound
way.
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“Sir,
Having reason to apprehend
that the Wives and families remaining behind of those persons
who have fled from the Niagara District and joined the enemy,
and of those also who have been executed for Treason, or
sent out of the Province, afford Information to the Enemy
prejudicial to the Public Service; and as the Property of
such persons by law reverts to the Crown in consequence
of their Treason, their families therefore can never hope
to enjoy it and can have no other object by remaining in
the Country than for the purpose of affording such Information.
His Honor the President has therefore commanded me to desire
that you will forthwith notify those females etc. under
mentioned that they are to assemble at Chippawa on the 12th
of the next month (and any others of their description who
may be within your knowledge) in order to their being sent
across from thence to the American…”
Extract
from a copy of a letter from Edward McMahon to Thomas Merritt
Sheriff of the Niagara District , September 20, 1814
Sir Gordon Drummond fonds
Reference Code: F 955
Archives of Ontario |
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