Owen Chapter 64

SKETCH LXIV

OLD FORT MONROE AND THE COURTS HELD THERE

Old Fort Monroe is one of the choicest old landmarks in all that vast region of country formerly included in London District. It is still standing, and when the public is made acquainted with its history, it will, no doubt, be visited by many people. The name “Fort Monroe,” although coined by the writer, will be deemed an appropriate one when the historical significance of the place is rightly understood.Fort Monroe stands on Lot 14, in the 5th concession of Charlotteville.[1] It is centrally located and cannot be seen from the public road on either side. It was the dwelling-house of Lieutenant James Monroe, the old U.E. Loyalist pioneer, and was built just one hundred years ago. Mr. Monroe took up this lot in 1796, and in the fall of that year he began preparations for building the house.[2] It is a two-story structure, its frame consisting of a series of “bents,” with two cross-beams mortised and tenoned to the upright timbers. The timbers are pine, about seven inches square, and the “bents” are about four feet apart and tied together with girths, mortised and tenoned into the upright timbers, giving the building great strength. Indeed, if every nail were withdrawn and the frame laid bare to the fury of an Iowa cyclone, it might go rolling over the country like a Russian thistle, but it would preserve its integrity. A horse barn and a grain barn were erected about the same time, but the latter long since disappeared while the former was but recently torn down. A very little repairing would put the old house in a good shape to resist the forces of inevitable decay for another century.

This old landmark was the first two-story house built in the London District, and is, therefore, the oldest one standing. It was the first hotel in Norfolk, and in it was kept the first store—the goods having been brought from New York by Duncan McCall.

But it is not these things that give the place its historical significance. It was the “District Town,” or judicial and municipal headquarters, for London district for more than two years. It was a place where all matters in dispute arising in Elgin, Middlesex, Oxford, Norfolk and portions of Brant and Haldimand counties, were brought for adjudication, and a place where tavern licenses were issued and road improvement orders made for all that vast territory. The Court of Quarter Sessions was established in Charlotteville, because that township was the centre of population in the year 1800, and it convened at the house of James Monroe, because it was the only house in Long Point settlement having the necessary accommodation.

Colonel Samuel Ryerse was commissioned to set the new machinery in motion. A Commission of the Peace was issued for London District, and the new justices were sworn into office. On the 8th day of April, 1800, the first court of the London District General Quarter Sessions was held. Samuel Ryerse, Esq., was chosen chairman, and his associate justices were William Spurgin, Peter Teeple, John Beemer and Wynant Williams, Esquires. Joseph Ryerson, Esq., was the first Sheriff, and Thomas Welch, Esq., was the first Clerk of the Peace. The first Grand Jury was composed of the following persons: Daniel Millard, Nathan B. Barnum, William B. Hilton, Robert Monroe, Silas Secord, Lucas Dedrick, John Davis, William Cope, Jacob Buchner, Peter Walker, Philip Forse, James Matthews and John Austin.

The Peter Walker whose name appears in the above list was, no doubt, the squatter of that name who was living in a log cabin at the mouth of Patterson’s Creek when the Austin’s arrived there in 1794 on their land-hunting tour. How long Mr. Walker had lived there previous to that time is not known, neither is it known how long he remained sole inhabitant of the territory now included in the village of Port Dover.[3]

The first High Constable was William Budd Gould, and the first Constabulary force for the District was made up as follows: Moses Rice, for Charlotteville; Albert Berdan, for Woodhouse, Walpole and Rainham; Simon Mabee, for Walsingham; and John Muckle, jun., for Townsend and Windham. Simon Mabee had charge of the first Grand Jury. Albert Berdan was the first Court Crier. Nathan B. Barnum and Finlay Malcolm were appointed Keepers of a Standard for Weights and Measures. Daniel Millard was the first District Treasurer. The court divided the district into sections known as District Divisions, and established in each a Court of Requests, presided over by two or more justices. These divisions were changed from time to time as population increased and settlement advanced. At first the townships of Rainham, Walpole, Townsend and Woodhouse were grouped into one such division, in charge of Samuel Ryerse, Wynant Williams and John Beemer, Esquires.

Thus was London District organized, although it had been marked out on the map of the Province two years previously. At this first term James Monroe was granted a tavern license—being the first one issued in London District. The statute labor of Joseph Woolley, of Walsingham, was fixed at two days, and that of Walter Anderson, of Charlotteville, at four days, in response to their petition for a reduction. The Grand Jurors for the summer term, 1800, were: Isaac Gilbert, Walter Anderson, Robert Henderson, Joseph Lemon, Lawrence Johnson, Daniel McCall, jun., Abraham Powell, Job Slaght, sen., Philip Sovereign, John Culver, Michael Shoft, William Dill and John Sovereign—Moses Rice, constable, in charge. John Backhouse took the magisterial oath as a Justice of the Peace. Hammond Lawrence was granted a license to keep a tavern at his house in Oxford. The following entry appears on the old journal in the minutes of this term:

“Proclamation being made in due form and the Justices of the Peace called upon to give in their record, a conviction and six shillings fine against Daniel McCall, jun., for profane language on the 20th of June last.” The new Treasurer gave bonds at this term for £122.

At the fall term, 1800, the Grand Jurors were: Nathaniel Landon, Justice Stephens, David Palmer, Joseph F. Dun, Hugh Graham, Samuel Baker, John Fowler, Charles Burch, John Wells, James Smiley, Elijah Mudge, Alexander Hay, John Mudge, Roswell Matthews, Reuben Dayton, John Eaton and Thomas Sayles.

A motion was made for a movable stocks and whipping-post, and Moses Rice was granted a license for keeping a tavern in Charlotteville. Luther Cooley was fined £40 for selling liquor without a license. Thomas Horner was appointed Registrar for the counties of Oxford and Middlesex, and John Bostwick was appointed High Constable for London District.

At a special session held November 10th, 1800, a contract was entered into with Levi Comber for the building of a courthouse at the Town of Charlotteville (Turkey Point) at a cost of £312 10s. 0d., but Comber failed to carry out the contract.[4]

At the winter term, January, 1801, the Grand Jurors were: William Hambly, Stephen Bartow, Robert Davis, Leonard Clouse, John Coltman, David Secord, Joshua Fairchild, Benjamin Fairchild, Charles Burch, David Palmer, Samuel Caulfield, Elisha Hoskin and Seth Putman. Hammond Lawrence, constable, in charge.

Robert Davis was fined £20 at this term for selling liquor without license. One Ebenezer Allen, of the town of Delaware, was indicted on a charge of forgery, and Paul Averill was fined five shillings for sabbath-breaking. Henry Bostwick was sworn in as Deputy Clerk of the Peace, Deputy Registrar, and Deputy Clerk of the Court.

A motion was made at this time to allow Sheriff Ryerson certain sums for summoning the justices for the several courts for the year 1801, as follows: John Beemer, $50; William Spurgin, $50; Peter Teeple, $50; Wynant Williams, $80; Thomas Horner, $80; Daniel Springer, $80; John Backhouse, $80; and Samuel Ryerse, $80.

Daniel Freeman and Jabez Culver, sen., came into court and prayed for licenses to marry—both refused.

At this term the court took into consideration the subject of having a building immediately erected on a small scale for a temporary district jail. The following is quoted from the court record:

“It was proposed to build one twenty-five by fourteen feet from outside to outside, with timbers of the same thickness of that proposed by the special sessions of the 13th December last, to be divided into two rooms, the one for debtors and the other for criminals, by a plank partition, and to have a double chimney in the middle, and to be ten feet between floor and floor. It is proposed by the court and James Monroe to have the said building erected very near to the dwelling-house of the said James Monroe, and if erected there the court agrees to allow, and the said James Monroe agrees to take, one hundred dollars per annum to act as jailer, to furnish a good house or room for to hold court in gratis, and as soon as the district can build a sufficient jail and courthouse elsewhere, the said James Monroe agrees to allow the district an equitable price for the one now proposed to be erected. The justices do agree to try what help they can procure in their several divisions by subscriptions, and to allow to Conrad Zittle ten shillings, New York currency, per day, to superintend and work at the said building, and to pay him therefor out of the first assessed rates to be collected for this district. The above is the unanimous resolve of the court.”

At the spring term, 1801, the Grand Jury was made up as follows: Edward McMichael, Daniel Millard, Nathan B. Barnum, William B. Hilton, Robert Monroe, Lucas Dedrick, John Davis, William Cope, Jacob Buchner, Philip Forse, James Matthews, Walter Anderson and John Gustin.

Daniel McCall, jun., came into court and took the oath of allegiance, according to law, as an ensign in the Norfolk Militia. The Constabulary force was re-appointed at this term as follows: John Bostwick, District High Constable; John Gustin, for Charlotteville; Jonathan Sprague and Thomas Smith, for Walsingham; John Misner and John Decew, for Rainham, Walpole and Woodhouse.

Moses Rice was fined two shillings for swearing, and for contempt of court he was put in prison two hours.

Walsingham was set off as a District Division, and Samuel Ryerse and John Backhouse were appointed to act as justices of the Court of Request in that division. Court to be held at the house of John Backhouse.

Albert Berdan was indicted for swearing in the presence of Lucas Dedrick, one of the jurymen.

Mordecai Sayles was put on trial for taking more than one-twelfth as toll for grinding and bolting at his mill. The following witnesses appeared for the King: Leonard Sovereign, Jacob Glover, William Walker, Job Slaght, Jabez Culver, sen., Griffiths Culver, John Muckle, sen., Michael Shoft and Dennis Shoft. Sayles was convicted and fined £10. Joseph Chambers was fined two shillings for swearing.

At the summer term, 1801, the following persons were sworn in as the Grand Jury: Abraham Powell, Jacob Potts, Joseph Lemon, Daniel McLaughlin, Titus Finch, John Sovereign, Robert Henderson, Lot Tisdale, Michael Shoft, Philip Sovereign, Job Slaght, Philip Bush and John Troyer.

At the fall term, 1801, the following names appeared among the Petit Jury: Andrew Steinhoff, John Steinhoff, Frederick Steinhoff and Emmanuel Steinhoff. At this term David Palmer was fined two shillings for swearing, and Albert Berdan was fined £5, Halifax currency, for assault and battery.

At the winter term, December, 1801, Noah Millard, of Townsend, was granted a tavern license.

At the spring term, 1802, the Grand Jury was as follows: Edward McMichael, John Coltman, Daniel Millard, David Secord, jun., Robert Monroe, Job Loder, Lucas Dedrick, William Cope, Jacob Buchner, Philip Forse, James Matthews, Jacob Sovereign and Elias Foster. Thomas Smith, constable, in charge.

Susan, wife of Albert Berdan, came into court and relinquished her dower right on Lot 7, 1st concession, Woodhouse, conveyed by her husband to Jonathan Williams. The Treasurer’s bonds were raised to £240—£120 by himself, £60 by Jonathan Williams and £60 by William Hambly.

Nathan Wade was paid 15 shillings and Noah Fairchilds £1 15s. 0d. for work done on jail.

At the summer term, 1802, we find the Grand Jury as follows: Ephraim Tisdale, Leonard Clouse, Leonard Sovereign, John Davis, Reuben Green, James Freeman, Benjamin Mead, James Derrickson, Joseph Wilson, John Bowlby, Peter Beemer, John Slaght and Morris Sovereign. Oliver Mabee was sworn in as juror in place of Bowlby.

Mary, wife of Thomas Welch, came into court and relinquished her right of dower in 400 acres of land lying in the township of Humberstone, this day conveyed by the said Thomas Welch to Peter Hershey.

Eber Decew and Samuel Wood were appointed constables for Woodhouse; John Stone and Jesse Smith for Charlotteville; William Dill and Ezra Parney for Townsend and Windham; and Michael Troyer for Walsingham.

Fifteen pounds was granted the sheriff for summoning jurors for the ensuing year. This was the last term of the Quarter Sessions held in old Fort Monroe.

The old court record shows that there was a “town of Delaware” at the time London District was organized, and that the inhabitants thereof were not all peace-loving citizens. The most of the “presentments” made by the grand juries at Fort Monroe, were for assault and battery and petit larceny, and the larger number of these cases came from the “town of Delaware.” No traces remain of the old log jail at Fort Monroe, and the old journal of Thomas Welch does not show that more than one man was ever confined in it. This man was Moses Rice, the pioneer tavern-keeper, and his term of imprisonment was only two hours.

But the old building where these pioneer courts were held is still standing. The young people of Norfolk may see the room wherein was erected the first judicial bench in all London District. They may stand in the room where, in their imagination, they may see the bar before which the evil-doers in all this vast region of country had to answer for their bad behaviour, and where orders were issued for the regulation of affairs in the uttermost parts thereof. They may sit where the first magistrates sat and tread upon floors which were trodden upon by their great-grandfathers nearly a century ago. They may also see the room where quite a different kind of bar was erected—the first of its kind in the district—a bar before which their great-grandfathers were sometimes prepared for an appearance before the other bar; and they may see the room where merchandise was first retailed in the district. If they care not for all these things, they may see the first two-story house erected in old Norfolk.

[1] James Monro, the builder of the tavern known as “Fort Monroe”, invariably signed his surname as “Monro”. A branch of his descendant family adopted “Monroe” as their spelling. Owen erred in stating that the James Monro’s home was in the fifth concession of Charlotteville Township. James Monro lived on Lot 14, Concession 4, which he apparently leased from Daniel Millard, the owner, until purchasing it from Millard on September 13, 1803. The transaction was recorded in the Abstracts of Deeds Register of Charlotteville Township. Earlier, on May 26, 1801, Monro petitioned the Executive Council of the province stating that he “is in possession of Lots 13 and 14, Concession 4, Charlotteville Township and requesting a lease on the adjoining Crown Reserve Lot 15. Source: Upper Canada Land Petition “M” Bundle Leases 1798-1818, Doc. No. 7.

[2] James Monro arrived in the party of his father-in-law Donald McCall on June 5, 1796. He applied for and received a grant of Lot 12 in the front concession of Walsingham Township at present Port Royal, the grant recorded in the Abstracts of Deeds Register. He apparently settled on Lot 14, Concession 4, Charlotteville Township by 1798, the date of his first petition for the adjoining Crown Lease.

[3] Peter Walker filed a petition on September 2, 1795 stating that he came to the province “near 3 years since.” He and the Onstine family settled first in the front of Rainham Township, Haldimand County, mentioned in the 1793 diary of Deputy Surveyor William Chewett. In the September 1795 report of Deputy Surveyor Alexander Aitken, Walker was settled on, and recommended for part of Lots 11 and 12 in the front concession of Woodhouse Twp. This encompasses the western part of present Port Dover.

[4] Levi’s surname was actually “Combes“ and recorded as such in the London District Court Minutes.