Biographical sketch
White was born around 1761 in the parish of St. Sepulchre, Middlesex,
England. He was admitted as a student at the Inner Temple, London, on
17 October 1777, and was called to the bar in 1785. He practiced law
unsuccessfully in Jamaica, and then returned to Britain. He was living
in Wales with his family when, thanks to the influence of his brother-in-law
Samuel Shepherd, he was offered the post of Attorney General of Upper
Canada. The appointment took effect on December 31, 1791, and White
sailed for Canada in 1792.
As was common with early office-holders, White also carried on a private
law practice to supplement his income. His duties as Attorney General
included the adaptation of British law to the conditions in the new
colony, and the prosecution of criminal cases. A July 12, 1794 entry
in his diary reflects his frustration: "Nothing but irregularity,
prejudice and confusion in the Court."
In addition, White was the first elected representative for Leeds and
Frontenac in the House of Assembly, and he was personally concerned
in the legislation which established the Court of King's Bench and the
district courts in 1794. Once the courts had been established, White
was troubled by the number of non-licensed practitioners of law appearing
as advocates, and a measure was passed enabling the Lieutenant Governor
to issue licences. White had a large say in the choice of those who
received them. In 1797, though not a member of the Second Parliament,
he promoted the bill which founded the Law Society of Upper Canada,
thus establishing both legal education and the self-regulation of the
profession in the province. As the Law Society's first Treasurer, White
was also automatically its first President.
White was paid £300 per year as Attorney General, supplemented
by fees for particular duties, the most important of which was drawing
up land deeds. A number of other officers shared these fees, and there
was much bitterness and inefficiency because of it. White, already in
debt when he arrived in Upper Canada, continued to spend freely. A reconciliation
with his estranged wife in 1797 failed, and she returned to Britain
in 1799.
Around 1794, White made the acquaintance of the clerk of the Executive
Council, John Small and his wife. Five years later, having apparently
had a brief affair with Mrs. Small in the meantime, White made a scurrilous
comment about her virtue to his friend, D.W. Smith. When this remark
reached the Smalls, Small challenged White to a duel. White was shot
and died 36 hours later, on January 4, 1800.
White died heavily in debt, leaving two sons and a daughter by his
wife, and two daughters by his mistress in York, Mrs. Susanna Page.
His estate was not fully disentangled until a private bill was passed
in 1837.
Introduction
The microfilm consists of one personal notebook kept by John White,
the first Attorney General of Upper Canada.
The principal content of the notebook is a diary kept from 1792 until
1794. The early entries describe White's trip from Montreal to Kingston
upon taking up his office. Thereafter, brief daily entries record his
health, social engagements and matters relating to his working life,
both as parliamentarian and as prosecutor. Among the associates frequently
mentioned are Governor Simcoe and Chief Justice Osgoode. A transcription
of this diary, edited by William Colgate, is published in Ontario History,
vol. XLVII (1955), 147-70.
The diary entries conclude on 5 April 1794. A few pages following are
occupied with memoranda of payments to various persons, all dated in
1797.
White also used this notebook to record his expenses, starting with
his arrival at Montreal in 1792, and continuing, on a somewhat sporadic
basis, until 1795. The accounts begin at the rear of the volume and
are upside-down in relation to the diary entries.
F 4448 is available on microfilm reel MS 8350.
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