DOCSLIB.ORG

Indigenous and Settler Conversations from the Great Lakes Region, 1820-1860

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Indigenous and Settler Conversations from the Great Lakes Region, 1820-1860 Western University Scholarship@Western Electronic Thesis and Dissertation Repository 1-22-2021 11:00 AM Unsettling Sympathy: Indigenous and Settler Conversations from the Great Lakes Region, 1820-1860 Erin Akerman, The University of Western Ontario Supervisor: Wakeham, Pauline, The University of Western Ontario : Faflak, Joel, The University of Western Ontario A thesis submitted in partial fulfillment of the equirr ements for the Doctor of Philosophy degree in English © Erin Akerman 2021 Follow this and additional works at: https://ir.lib.uwo.ca/etd Part of the English Language and Literature Commons Recommended Citation Akerman, Erin, "Unsettling Sympathy: Indigenous and Settler Conversations from the Great Lakes Region, 1820-1860" (2021). Electronic Thesis and Dissertation Repository. 7627. https://ir.lib.uwo.ca/etd/7627 This Dissertation/Thesis is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Electronic Thesis and Dissertation Repository by an authorized administrator of Scholarship@Western. For more information, please contact [email protected]. Abstract Situated at the intersection of Indigenous, Canadian, British, and settler colonial literary studies, this dissertation is a transatlantic analysis of the personal and textual interactions of Drummond Island Métis interviewees, Ojibwe poet Jane Johnston Schoolcraft, British travel writer Anna Jameson, and British Lieutenant Governor of Upper Canada Francis Bond Head in the Great Lakes region in the nineteenth century. During the period after the War of 1812 and leading up to Confederation, settler narratives of sympathy for Indigenous peoples proliferated in politics and literature, yet what remains largely unexamined in the Canadian context is how this sympathy supports “the settler-colonial logic of elimination,” meaning “the dissolution of native societies” alongside the creation of “a new colonial society upon the expropriated land base” (Wolfe 2006, 387, 388, 388). Jameson’s and Head’s declarations of exceptional sympathy for Indigenous peoples in their travel writings situate Jameson’s Winter Studies and Summer Rambles in Canada (1838) and Head’s “The Red Man” (1840) and The Emigrant (1846) as ideal case studies of this colonial phenomenon. Through archival research and Indigenous literary nationalist theory, I interrogate Jameson’s and Head’s sympathy by reframing their texts within the community- and land-based knowledges of the Drummond Island Métis (The Migration of Voyageurs from Drummond Island to Penetanguishene in 1828 1901) and Jane Johnston Schoolcraft (various letters and poems), speakers and writers who are still relatively unstudied in the Canadian literary field. In revealing how Jameson and Head promote the “logic of elimination,” I simultaneously consider how the Drummond Islanders and Johnston Schoolcraft posit in their texts the possibility of “ethical space[s] of engagement” (Ermine 2007, 193) between settlers and Indigenous peoples. Each of the following three chapters interrogates an aspect of settler sympathy (sympathetic aesthetics, sympathetic geographies, and the settler colonial malady) in relation to important socio-political issues in the Great Lakes region (Indigenous representation, sovereignty, and wellness) by considering the perspectives of all of these writers and speakers while attending to the voices of the Drummond Island Métis and Johnston Schoolcraft to unsettle canonical literary and colonial narratives. ii Keywords Indigenous literatures, Canadian literature, British literature, nineteenth century, Canada, Great Lakes region, sympathy, settler colonialism, Drummond Island Métis, Georgian Bay Métis Community, Jane Johnston Schoolcraft, Anna Jameson, Francis Bond Head iii Summary for Lay Audience British writers Anna Jameson and Sir Francis Bond Head express sympathy for Indigenous peoples in their Canadian travel writings. However, there is still little scholarship that considers Jameson’s and Head’s sympathy in relation to the thoughts of the Indigenous people with whom they personally or textually interacted during their brief visits in Upper Canada in the mid-nineteenth century. This dissertation puts Jameson’s Winter Studies and Summer Rambles in Canada (1838) and Head’s “The Red Man” (1840) and The Emigrant (1846) into conversation with the writings of Ojibwe poet Jane Johnston Schoolcraft and the interviews of relocated Drummond Island Métis in The Migration of Voyageurs from Drummond Island to Penetanguishene in 1828 (1901). By considering the community- and land-based knowledges of these still relatively unstudied Indigenous authors, I interrogate Jameson’s and Head’s sympathy as well as the settler narrative of sympathy for supposedly “vanishing” Indigenous peoples that proliferated in settler politics and literature between the War of 1812 and Confederation in 1867. Each of the following three chapters interrogates an aspect of settler sympathy to demonstrate that this sympathy supports “the logic of elimination” (Wolfe, 2006 387). Elimination refers to “the dissolution of native societies” alongside the creation of “a new colonial society upon the expropriated land base” (388), and its connection to sympathy remains largely unexamined in Canadian literary contexts. While Johnston Schoolcraft’s and the Drummond Islanders’ texts undermine Jameson’s and Head’s sympathy, they at the same time suggest alternate ways to create “ethical space[s] of engagement” (Ermine 2007, 193). Ethical spaces are those in which Indigenous and settler communities form “an agreement to interact” following “the affirmation of human diversity created by philosophical and cultural differences” (202). By attending to the voices of Johnston Schoolcraft and the Drummond Island Métis in conversations previously dominated by settler perspectives, this dissertation seeks to unsettle canonical literary and colonial narratives. iv Acknowledgements I would like to thank my supervisors, Pauline Wakeham and Joel Faflak, for everything they have done to support my work on this dissertation as well as me as a person over the last several years. Their kindness and generosity have meant a great deal to me and to my progress through this program. Their attentive questions and comments in their reviews of this work have challenged and encouraged me to make this dissertation better than I imagined it could be, and for this I am very grateful. I am fortunate to have gone through this program with a brilliant cohort of scholars whose company has made each challenge enjoyable. I would especially like to thank Maral Moradipour and Heather Stephenson whose friendship and scholarly approaches have influenced this project and inspired me. I am also grateful to Dan Abrahams, Kat Hawkins, Kate Hillier, Mikyla Hindson, and Lisa Kovac for their long friendship and the support they have shown me personally and professionally. I appreciate the support of Western University and its English and Writing Studies Department, and I am also grateful to the Ministry of Colleges and Universities for an Ontario Graduate Scholarship and the Social Sciences and Humanities Research Council of Canada for a Doctoral Fellowship and their continued support through the scholarly disruptions caused by the pandemic. I would like to thank Cyndy Coté, Janet Ryan, and the staff at the Penetanguishene Public Library for helping me to access the local archives that informed this research. As always, special thanks to my family for everything they do, especially Lindsey for her keen eye and heroic proofread, Nate for his interest in this research, Yvie and the girls for making me laugh, and my parents for their constant encouragement and the enthusiasm they have shown in my education. I wouldn’t be here without you. Thanks also to my grandparents for the stories, family history, and advice that have made this dissertation and my life better. And my thanks to Anthony for believing in me more than I did myself and for going through each day with me with patience, laughter, and love. v Table of Contents Abstract ............................................................................................................................... ii Summary for Lay Audience ............................................................................................... iv Acknowledgements ............................................................................................................. v Table of Contents ............................................................................................................... vi List of Figures .................................................................................................................. viii Introduction ......................................................................................................................... 1 An Old Story Retold ...................................................................................................... 1 Voices from the Great Lakes “Interzone” ...................................................................... 9 Sympathy and the Settler Colonial State in the Mid-Nineteenth Century ................... 25 Chapter 1 ........................................................................................................................... 39 The World Is Not a Stage: Indigenous Art and Storytelling’s Challenge to Settler Prophecy and Sympathetic Aesthetics ......................................................................... 39 Introduction
Load more

Recommended publications
  • Niagara National Historic Sites of Canada Draft Management Plan 2018
    Management Plan Niagara 2018 National Historic Sites of Canada 2018 DRAFT Niagara National Historic Sites of Canada Draft Management Plan ii Niagara National Historic Sites iii Draft Management Plan Table of Contents 1.0 Introduction .................................................................................... 1 2.0 Significance of Niagara National Historic Sites .............................. 1 3.0 Planning Context ............................................................................ 3 4.0 Vision .............................................................................................. 5 5.0 Key Strategies ................................................................................ 5 6.0 Management Areas ......................................................................... 9 7.0 Summary of Strategic Environmental Assessment ....................... 12 Maps Map 1: Regional Setting ....................................................................... 2 Map 2: Niagara National Historic Sites Administered by Parks Canada in Niagara-on-the-Lake ........................................................... 4 Map 3: Lakeshore Properties and Battlefield of Fort George National Historic Site .......................................................................... 10 iv Niagara National Historic Sites 1 Draft Management Plan 1.0 Introduction Parks Canada manages one of the finest and most extensive systems of protected natural and historic places in the world. The Agency’s mandate is to protect and present these places
    [Show full text]
  • Niagara National Heritage Area Study
    National Park Service U.S. Department of the Interior Niagara National Heritage Area Study Study Report 2005 Contents Executive Summaryr .................................................................................................. Introduction ..........................................................................................................................5 Part 1: Study Purpose and Backgroundr Project History ....................................................................................................................11 Legislation ..........................................................................................................................11 Study Process ......................................................................................................................12 Planning Context ................................................................................................................15 The Potential for Heritage Tourism ..................................................................................20 Part 2: Affected Environmentr .............................................................................. Description of the Study Area ..........................................................................................23 Natural Resources ..............................................................................................................24 Cultural Resources ..............................................................................................................26
    [Show full text]
  • United Nations
    Summer 2013 United Nations Lewiston Headquarters Almost History Mysteries Located Here Navy Island, which was proposed as the new world headquarters for the United Nations in 1945, has a fascinating history. When this area was controlled Beautiful by the French it was known as Île de la Marina. The French built four ships to Commemorative service the Great Lakes. The British set up a shipyard on Navy Island when the Rockefeller French lost control in 1763. In the War of 1812, the British stationed a Coin Treasured by Donated detachment on the island. Area Collectors In 1837, William Lyon Manhattan Land 1945 Artist Conception of the United Nations: As the area gears up for the December for UN Mackenzie (1795-1861), 19, 2013, unveiling of the Tuscarora the first Mayor of Several locations for the UN Niagara Navy Island with Niagara Falls in Background Heroes Monument on Center Street, were considered, but the Toronto, led about 200 of Falls Navy Island, less than three miles above the falls, was proposed to be the people are collecting the spectacular his supporters and decision was made when John North Grand new World Peace Capital and headquarters of the United Nations by an commemorative coin that is helping to Davison Rockefeller, Jr. captured the island and Island Bridges international committee in 1945 and 1946. The island was considered to raise funds for the project. The coin is (1874–1960), proclaimed the Republic be an ideal location as it lay on the boundary between two peaceful considered a “good luck” piece and it’s son of of Canada there, in Navy countries.
    [Show full text]
  • National Historic Sites of Canada System Plan Will Provide Even Greater Opportunities for Canadians to Understand and Celebrate Our National Heritage
    PROUDLY BRINGING YOU CANADA AT ITS BEST National Historic Sites of Canada S YSTEM P LAN Parks Parcs Canada Canada 2 6 5 Identification of images on the front cover photo montage: 1 1. Lower Fort Garry 4 2. Inuksuk 3. Portia White 3 4. John McCrae 5. Jeanne Mance 6. Old Town Lunenburg © Her Majesty the Queen in Right of Canada, (2000) ISBN: 0-662-29189-1 Cat: R64-234/2000E Cette publication est aussi disponible en français www.parkscanada.pch.gc.ca National Historic Sites of Canada S YSTEM P LAN Foreword Canadians take great pride in the people, places and events that shape our history and identify our country. We are inspired by the bravery of our soldiers at Normandy and moved by the words of John McCrae’s "In Flanders Fields." We are amazed at the vision of Louis-Joseph Papineau and Sir Wilfrid Laurier. We are enchanted by the paintings of Emily Carr and the writings of Lucy Maud Montgomery. We look back in awe at the wisdom of Sir John A. Macdonald and Sir George-Étienne Cartier. We are moved to tears of joy by the humour of Stephen Leacock and tears of gratitude for the courage of Tecumseh. We hold in high regard the determination of Emily Murphy and Rev. Josiah Henson to overcome obstacles which stood in the way of their dreams. We give thanks for the work of the Victorian Order of Nurses and those who organ- ized the Underground Railroad. We think of those who suffered and died at Grosse Île in the dream of reaching a new home.
    [Show full text]
  • Canada's 46 National Parks, 168 National Historic Sites, 4 National
    Canada’s 46 National Parks, 168 National Historic Sites, 219 Les 46 parcs nationaux, 168 lieux historiques nationaux, 4 aires marines 4 National Marine Conservation Areas and 1 National Urban Park nationales de conservation et 1 parc urbain national du Canada •– National Park •– National Historic Site – National Marine Conservation Area •– National Urban Park •– Parc national •– Lieu historique national – Aire marine nationale de conservation •– Parc urbain national Newfoundland and New Brunswick Ontario Manitoba British Columbia Terre-Neuve-et- Nouveau-Brunswick Ontario Manitoba Colombie-Britannique Labrador Labrador 49 Kouchibouguac 93 Glengarry Cairn 138 York Factory 179 Yoho 49 Kouchibouguac 93 Cairn-de-Glengarry 138 York Factory 179 Yoho 1 Torngat Mountains 50 Fort Gaspareaux 94 Sir John Johnson House 139 Wapusk 180 Rogers Pass 1 Monts-Torngat 50 Fort-Gaspareaux 94 Maison-de- 139 Wapusk 180 Col-Rogers 2 Hopedale Mission 51 Monument-Lefebvre 95 Inverarden House 140 Prince of Wales Fort 181 Mount Revelstoke 2 Mission-de-Hopedale 51 Monument-Lefebvre Sir-John-Johnson 140 Fort-Prince-de-Galles 181 Mont-Revelstoke 3 Akami–uapishk u- 52 Fort Beauséjour–Fort 96 Laurier House 141 Lower Fort Garry 182 Glacier 3 Akami–uapishk u- 52 Fort-Beauséjour–Fort- 95 Maison-Inverarden 141 Lower Fort Garry 182 Glaciers KakKasuak-Mealy Cumberland 97 Rideau Canal 142 St. Andrew’s Rectory 183 Kicking Horse Pass KakKasuak-Monts-Mealy Cumberland 96 Maison-Laurier 142 Presbytère-St. Andrew’s 183 Col-Kicking Horse 207 Mountains (Reserve) 53 La Coupe Dry Dock
    [Show full text]
  • British Efforts to Secure Kingston from Rebellion in the Winter of 1837-1838 Robert W
    Document généré le 25 sept. 2021 07:25 Ontario History “This Period of Desperate Enterprise” British efforts to secure Kingston from rebellion in the winter of 1837-1838 Robert W. Garcia Consequences of Rebellious Acts: The 1837 & 1838 Rebellions Résumé de l'article Volume 101, numéro 2, fall 2009 Nous étudions dans cet article les mesures prises par les autorités militaires britanniques en poste à Kington, pour répondre au déclenchement de la URI : https://id.erudit.org/iderudit/1065616ar rébellion du Haut-Canada en décembre 1837. Cette rébellion eut lieu à un DOI : https://doi.org/10.7202/1065616ar moment particulièrement difficile, la plupart de la garnison régulière de Kingston venant d’être envoyée au Bas-Canada pour y éteindre la révolte, Aller au sommaire du numéro laissant ainsi la ville ouverte aux attaques des Patriotes. De plus, la construction de Fort Henry, commencée en 1832, n’était pas encore achevée; or ce fort devait être l’un des éléments essentiels d’un système de fortifications qui visait à protéger le principal dépôt militaire de la province, les entrepôts de Éditeur(s) la Marine Royale et l’entrée du canal Rideau. Commandé par Richard The Ontario Historical Society Bonnycastle, du régiment Royal Engineers, un petit nombre d’officiers britanniques d’active et des vétérans du cadre de réserve, prirent des mesures énergiques pour organiser et entraîner les volontaires et les recrues encore ISSN inexpérimentées de la malice canadienne. L’efficacité de cette préparation fut 0030-2953 (imprimé) mise à l’épreuve à la fin de février 1838, quand les Patriotes lancèrent une 2371-4654 (numérique) attaque majeure en vue de s’emparer de la ville de Kingston.
    [Show full text]
  • To Excite the Feelings of Noble Patriots:” Emotion, Public Gatherings, and Mackenzie’S
    A Dissertation entitled “To Excite the Feelings of Noble Patriots:” Emotion, Public Gatherings, and Mackenzie’s American Rebellion, 1837-1842 by Joshua M. Steedman Submitted to the Graduate Faculty as partial fulfillment of the requirements for the Doctor of Philosophy History ___________________________________________ Dr. Ami Pflugrad-Jackisch, Committee Chair ___________________________________________ Dr. Kim Nielsen, Committee Member ___________________________________________ Dr. Roberto Padilla II, Committee Member ___________________________________________ Dr. Rebecca Mancuso, Committee Member ___________________________________________ Dr. Cyndee Gruden, Dean College of Graduate Studies The University of Toledo August 2019 Copyright 2019, Joshua M. Steedman This document is copyrighted material. Under copyright law, no parts of this document may be reproduced without the expressed permission of the author. An Abstract of “To Excite the Feelings of Noble Patriots:” Emotion, Public Gatherings, and Mackenzie’s American Rebellion, 1837-1842 by Joshua M. Steedman Submitted to the Graduate Faculty as partial fulfillment of the requirements for the Doctor of Philosophy Degree in History The University of Toledo August 2019 This dissertation is a cultural history of the American reaction to the Upper Canadian Rebellion and the Patriot War. This project is based on an analysis of newspaper articles published by William Lyon Mackenzie and his contemporaries, diplomatic cables between Washington D.C. and London, letters, and accounts of celebrations, toasts, and public meetings which occurred between 1837 and 1842. I argue Americans and Upper Canadians in the Great Lakes region made up a culture area. By re-engaging in a battle with the British, Upper Canadians, and their American supporters sought redemption. Reacting to geographic isolation from major metropolitan areas and a looming psychic crisis motivated many of these individuals to act.
    [Show full text]
  • Legalprofession00ridduoft.Pdf
    W^Tv -^ssgasss JSoK . v^^B v ^ Is THE LEGAL PROFESSION IN UPPER CANADA IX ITS EARLY PERIODS. BY / WILLIAM RENWICK RIDDELL, LL.D., FELLOW ROYAL HISTORICAL SOCIETY, ETC., JUSTICE OF THE SUPREME COURT OF ONTARIO. l HOLD EVERY MAN A DEBTOR TO HIS PROFESSION." BACON, "THE ELEMENTS OF THE COMMON LAW," PREFACE. c 3 R 13456 TORONTO, PUBLISHED BY THE LAW SOCIETY OF UPPER CANADA, 1916. NORTH YORK PUBLIC LIBRARY MAIN Copyright, Canada, by THE LAW SOCIETY OF UPPER CANADA. DEDICATION. THIS VOLUME IS DEDICATED TO THE MEMORY OF SIR ^EMILIUS IRVING, K.C., AND GEORGE FERGUSSON SHEPLEY, ESQ., K.C., SOMETIME TREASURERS OF THE LAW SOCIETY OF UPPER CANADA DULCE DECUS MEUM IN TOKEN OF GRATEFUL RECOGNITION OF THEIR UNVARYING COURTESY AND KINDLY CONSIDERATION, BY THEIR FORMER COLLEAGUE AND FELLOW-BENCHER, THE AUTHOR. OSGOODE HALI,, TORONTO, JANUARY 18TH., 1916. PREFACE. This work is the result of very many hours of dili gent and at the same time pleasant research. To one who loves and is proud of his profession there is nothing more interesting than its history; and the history of the legal profession in this Province Upper Canada or Ontario yields in interest to that of no other. It is my hope that the attention of others may be drawn to our past by these pages, and that others may be induced to add to our knowledge of the men and times of old. I am wholly responsible for everything in this book (proof-reading included) except where otherwise spe stated and shall be to be informed of cifically ; glad any error which may have crept in.
    [Show full text]
  • Fort George, Butler's Barracks, Fort Mississauga, Navy Island
    Fort George, Butler’s Barracks, Fort Mississauga, Navy Island, Queenston Heights, Mississauga Point Lighthouse and Battlefield of Fort George national historic sites of canada Management Plan © Copyright Her Majesty the Queen in Right of Canada, as represented by the Chief Executive Officer of Parks Canada, 2006 Government of Canada Catalogue No. R64-105/57-2006E ISBN: 0-662-44363-2 Aussi disponible en français Fort George, Butler’s Barracks, Fort Mississauga, Navy Island, Queenston Heights, Mississauga Point Lighthouse and Battlefield of Fort George national historic sites of canada Management Plan February, 2007 FORT GEORGE, BUTLER’S BARRACKS, FORT MISSISSAUGA, NAVY ISLAND, QUEENSTON HEIGHTS, MISSISSAUGA POINT LIGHTHOUSE AND BATTLEFIELD OF FORT GEORGE NATIONAL HISTORIC SITES OF CANADA Management Plan TABLE OF CONTENTS 1.0 Introduction . .1 1.1 The Purpose of a Management Plan . .1 1.2 The Fiscal Context of the Management Plan . .1 1.3 The National Historic Sites of Canada in the Niagara Region Administered by Parks Canada . .3 1.4 Historical Summary . .3 2.0 Commemorative Integrity . .5 3.0 The Regional Context . .6 4.0 Strategic Considerations . .9 4.1 Mandate Objectives . .9 4.2 Parks Canada’s Role in the Community . .9 4.3 Marketing and Revenue Considerations . .10 4.4 Heritage Presentation Considerations . .11 5.0 Vision . .12 6.0 Fort George National Historic Site of Canada . .15 7.0 Butler’s Barracks National Historic Site of Canada . .20 8.0 Fort Mississauga National Historic Site of Canada . .23 9.0 Navy Island National Historic Site of Canada . .26 10.0 Queenston Heights National Historic Site of Canada .
    [Show full text]
  • Putrid Exhalations from the Streets”
    Item No. 1 Dr. Rush Warns of “Putrid Exhalations from the Streets” 1. Academy of Medicine of Philadelphia: PROOFS OF THE ORIGIN OF THE YELLOW FEVER, IN PHILADELPHIA & KENSINGTON, IN THE YEAR 1797, FROM DOMESTIC EXHALATION; AND FROM THE FOUL AIR OF THE SNOW NAVIGATION, FROM MARSEILLES: AND FROM THAT OF THE SHIP HULDAH, FROM HAMBURGH, IN TWO LETTERS, ADDRESSED TO THE GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, BY THE ACADEMY OF MEDICINE OF PHILADELPHIA. Philadelphia: Thomas & Samuel Bradford, 1798. [4], 49, [3 blanks] pp. Modern boards, Very Good plus. The Academy of Medicine disagrees with the College of Physicians on the source of the Yellow Fever. The Academy "controvert[s] the opinion of the College of Physicians, respecting the origin of our late Epidemic." Governor Mifflin's letter to Benjamin Rush, requesting the Academy's opinion, is also printed. Rush opines that the yellow fever is "the bilious remitting fever of warm climates excited to a higher degree of malignity by circumstances to be mentioned hereafter," i.e., "putrid exhalations from the streets," and putrefactions from several ocean-going vessels which had docked in Philadelphia. Public health measures are suggested. The College of Physicians' report is included; it argues that the yellow fever differs from the "bilious fever". FIRST EDITION. Evans 34352. Austin 7. $1,000.00 2. [Army]: MORE THAN FIFTY SPECIAL ORDERS, HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, WASHINGTON, AUGUST-NOVEMBER 1878. Washington: 1878. Each 7-1/2" x 9-3/4", 1-3pp. Wide margins, Very Good. The orders deal with promotions, discharges, assignments, prison sentences at Leavenworth, western outposts, and other matters.
    [Show full text]
  • Creditor Advantage, a Capitalist Land Market, and Upper Canada's Missing Court
    Osgoode Hall Law Journal Volume 28 Issue 4 Volume 28, Number 4 (Winter 1990) Article 6 10-1-1990 While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, and Upper Canada's Missing Court John C. Weaver Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Legal History Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Weaver, John C.. "While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, and Upper Canada's Missing Court." Osgoode Hall Law Journal 28.4 (1990) : 871-914. https://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss4/6 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, and Upper Canada's Missing Court Abstract Until 1837, Upper Canada had no Court of Chancery. This omission forced stop-gap measures which in the area of mortgages produced a muddle. The confusion introduced into the land market led to protracted controversies among politicians and jurists during the 1820s and 1830s. The many complex principles and motives raised by the lack of an equitable jurisdiction generated much legislative controversy and experimentation. John Beverley Robinson often was central to vital discussions where he revealed both his intelligence and social biases favouring gentlemen of capital. Extremely complicated issues have deflected attention from the central issue: whether the colony needed equity, whether it needed to follow English law.
    [Show full text]
  • Acter More Attractive Than That of Thomas Moss. Mr. Read
    CHIEF JUtiTICE THOMAS MOSS. 105 The author of " The Irishman in Canada " finds no char­ acter more attractive than that of Thomas Moss. Mr. Read, in his LiA-es, as he sketches his brilliant but brief career, "feels a poignant sorrow for the loss of so many friends." ... "It is not, hoAvever," he Avrites, '' within the compass of the Avork I have in hand to compose an elegy; even had I the ability to make elegiac verse or poetic measure, I Avould not indulge the senti­ ment. This is a prosaic, not a poetic age. It is well to conform to the condition of things as we find them." In his school and university AIoss Avas always primus, carrying off many prizes and medals. At Osgoode Hall he was successively Examiner, Lecturer and Bencher. He Avas devoted to his alma mater, and was tAvice elected Vice-Chancellor, while EdAvard Blake Avas the Chancellor. At the Bar he soon won his way and generally had a sheaf of briefs. He was twice elected to the Dominion Parliament by the citizens of Toronto, among whom his boyhood had been spent. The high character and cul­ tivation of other Canadian Judges are referred to in this volume, but none of them Avill lia\'e a more lasting fame, or be more dear to the intelligent Canadian, than Thomas AIoss. On the day folloAving his decease. Air. Justice Burton, sitting in the Court over Avhich the late Chief had presided, paid a touching tribute to his memory, saying in part, " His loss is too recent, and my appreciation of it too keen to permit me to make more than a passing reference to his personal and social qualities.
    [Show full text]