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a.
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Note: Came to Monroe 1818 to 1820.
The will of John Diver describes his land as about 90 acres starting at a point on the south bank of River Raisin, running south on a 19% angle bounded to the west by land originally patented to Louis Pierre Le Claire (claim # 411 ) 199 chains ( 13,134 feet) to La Plaisance Creek, down creek to the east 6 chains ( 396 feet), then to the north (19 %) bounded on the east by land originally patented to Richard Patterson (claim # 208) back to the banks of River Raisin, then westerly to starting point.
Farm line map of 1859 still has original claims numbers. Original claim number for his land is #511. Original claim #511 was to Antoine Robert for 168.07 acres. applied for November 39, 1808 and approved January 22, 1810 in T6S R8E. (Antoine Robert's son, Isaac married Julia Chamberland sister of Louis Chamberland who married Eve, daughter of John Diver.) It is located about a quarter mile west of todays Telegraph Road. The land occupied by his daughter Eve and her husband Louis Chamberland ia about a quarter mile east of Telegraph Road. It ran from the River Raisin starting just west of Sisters Island almost to La Plaisance Creek, original claim # 509 according to the map. It was 133 acres according to will of Louis Chamberland. Note; The original claim #509 was to Col. Gabriel Godfrey for 449.42 acres. Just west of Eve was David Clock. West of David was Phoebe Diver Cronevette and Andrew Murray (Mary Louisa Chamberland). All the above were located in Monroe Township.
Diver family one of earliest English speaking families in parish of St Antoine-1818-1840.
John first appears in the census in 1800. He is in the town of Schaghticoke, New York with Andrew and Michael Diver, the only three Divers in the state of New York. The population of Schaghticoke was only 1,838 in 1800. He is listed as being 26-45 years with 1 male under 10 (believe Andrew J born 1796), 2 females under 10 and 1 female 26-45 probably his wife. The population of the town was 1,838. It is located near the Hudson River north of Albany. John's birth date is believed to be between 1760 & 1770.
Believe that John was in New York when Andrew J. was born as later the place of birth is given as New York. Believe that John is the son of Andrew and that they might have fled to Canada after the war and had just returned. Believe that John, Michael, Andrew & Daniel and Catren are siblings. Believe these are their children, Andrew J. born 1796 in New York, Hannah born about 1790 (she married James Smith July 28, 1829 in Monroe) and another daughter born about 1790 , Eve (Eva) born 1807 in Canada west (Monroe area was not part of US at this time), she married Louis Chamberland in Monroe, Phebe born 1812 (Phebe married Michael Cronevette July 28, 1829, same date as Hannah) and Catherine born 1814. The only record found on Catherine shows she was baptized May 29, 1828, St. Antoine's at River Raisin at age 14. Both Phebe and Hannah were married by Joseph Navarre JP.
Records at St. Antoine's Church in Monroe show John Diver marries Mary DeLorme in 1806. However, John and Mary are still in Canada at that time. I believe that the date is wrong and that they were possibily married in the Catholic church just prior to the marriage of their children in the church in Monroe. I also believe that "Mary DeLorme" is in fact "Mary Delong".
John appears on the 1820 census listed as a farmer. His age is given as 26-45 years born 1775-1794 (believe this to be wrong as later census data is in conflict). Wife Mary is listed as being 45 or older, born before 1775. Two females are listed 0 to 10 years, born 1810-1820 and one female 10-16 years, born 1804-1810. His son Andrew is on his own with a wife. Both are listed as 16-26 years, born 1794-1804. The Population of Monroe County is only 1,833.
The 1830 census Monroe County has a population 3,187. John is listed as 60-70 years old, born 1760-1770. Mary is listed as 50-60 years old, born 1770-1780.
The 1840 census Monroe County has a population of 9,229. John is listed as being 70-80 years old, born 1760-1770. Mary is listed as being 60-70 years old, born 1770-1780. There is a young male listed as living with them age 15-20 years, unknown who that might be. John or Mary do not appear in the census for 1850. Presume that both died between 1840 and 1850. Their graves have not been located.
This entry was found in the History of St. Antoine/St. Mary's;(Diver family) "these names represent the earliest English speaking Catholic families at St. Antoine/St Mary's. Some families came from the Detroit area, some from Canada, some from Ireland and Scotland, some from the New England states. They arrived a few years after the war of 1812.
Paper in possession of Howard Frayer,
Schaghticoke July 2nd 1794 (?)
This (?) may certify whom it may concern that John Diver is in my opinion unfit for Military Duty by Reason of a wound Rec’d on his elbow and or Contractions of the Tendons of the same.
Eziekiel Baker Surgeon
Haven’t figured out last line.
From probate papers of Andrew Diver it shows John was living in Little York in the Province of Upper Canada as of January 1810. The Province of Upper Canada is what we know today as Ontario. The town of Little York as been identified as modern day Toronto. The name changed sometime between 1817 and 1846, according to Sherri Pettit, spettit@mutiboard.com who maintains the Ontario Gen-Web homepage.
This indenture made the 18th of January 1810 between Michael Diver, Daniel
Diver, Andrew Diver, Martin Overocker and Hannah his wife, William Wolfe and Catherine his wife in the Town of Schaghticoke and Samuel Lawrence
and Elizabeth his wife, and John Diver of Little York in the Province of Upper Canada..All heirs to the real estate of Andrew Diver, deceased.
The following from the Canadian Genealogy Index 1600-1900, CD #118.
Diver, John Event : Living
> Year : 1804
> Place : York Township
> Province of record source : Ontario
> County of record source : York
> Source : York, Upper Canada Minutes of Town Meetings and List of
> Inhabitants 1797-1823.
> Editor : Christine Mosser
> Publisher : Metropolitan Toronto Library Board
> Publication place : Toronto, ON
> Volume/Page(s) : 43
> Diver, John Event : Living
> Year : 1805
> Place : York Township
> Province of record source : Ontario
> County of record source : York
> Source : York, Upper Canada Minutes of Town Meetings and List of
> Inhabitants 1797-1823.
> Editor : Christine Mosser
> Publisher : Metropolitan Toronto Library Board
> Publication place : Toronto, ON
> Volume/Page(s) : 47, 51
> Diver, John Event : Living
> Year : 1806
> Place : York Township
> Province of record source : Ontario
> County of record source : York
> Source : York, Upper Canada Minutes of Town Meetings and List of
> Inhabitants 1797-1823.
> Editor : Christine Mosser
> Publisher : Metropolitan Toronto Library Board
> Publication place : Toronto, ON
> Volume/Page(s) : 60
> Diver, John Event : Living
> Year : 1807
> Place : York Township
> Province of record source : Ontario
> County of record source : York
> Source : York, Upper Canada Minutes of Town Meetings and List of
> Inhabitants 1797-1823.
> Editor : Christine Mosser
> Publisher : Metropolitan Toronto Library Board
> Publication place : Toronto, ON
> Volume/Page(s) : 68
> Diver, John Event : Living
> Year : 1808
> Place : York Township
> Province of record source : Ontario
> County of record source : York
> Source : York, Upper Canada Minutes of Town Meetings and List of
> Inhabitants 1797-1823.
> Editor : Christine Mosser
> Publisher : Metropolitan Toronto Library Board
> Publication place : Toronto, ON
> Volume/Page(s) : 76
> Diver, John Event : Living
> Year : 1815
> Place : Toronto (York), York Township
> Province of record source : Ontario
> County of record source : York
> Source : Robertson's Landmarks of Toronto, A Collection of Historical
> Sketches of the Old Town of York From 1792 Until 1833 and of Toronto
> >From 1834 to 1898.
> Author : J. Ross Robertson
> Publication place : Toronto
> Volume/Page(s) : 384
> Diver, John Event : Living
> Year : 1816
> Place : Toronto (York), York Township
> Province of record source : Ontario
> County of record source : York
> Source : Robertson's Landmarks of Toronto, A Collection of Historical
> Sketches of the Old Town of York From 1792 Until 1833 and of Toronto
> >From 1834 to 1898.
> Author : J. Ross Robertson
> Publication place : Toronto
> Volume/Page(s) : 385
Baptisms St James Anglican
Page 384
Child's name Mary, Parents, John Diver, Mary Diver
Sponsors, Jacob Clock, Stephen Whitney
Aged 17, and just going to be married
This last sentence is in place of the date. This was probably in February or March.(1816)
Page 385
Child's name, Diadema, Parents, John Diver, Pilby (?Polly for Mary?) Diver
Sponsors, Jacob Clock, Crinard Clock, Nancy Clock
Date 13 March 1816, aged 16
Margaret Diver is sponsor to a child 5 November 1815
Sketches of the Old Town of York From 1792 Until 1833 and of Toronto
> >From 1834 to 1898.
At the Annual Town Meeting, Held at Hinds Hotel on Monday the 4th of March 1805. The following Persons where Elected Town and Parish Officers, viz.-
For the Circle of the Humber
Sworn John Diver for the whole < from Jacob DeLongs to Yonge Street
< from Jacob DeLongs to the Township line near Jas Finch's Census records Township of York
March 1804 John Diver 1 M>16 1 F 1M child 3 F child Total 6
March 1805 John Diver 1 M 1 F 1M<16 3 F <16 6
March 1806 John Diver 1 M 1 F 2M<16 3 F <16 7
March 1807 John Diver 1 M 1 F 2M<16 3 F <16 7
March 1808 John Diver 1 M 1 F 2M<16 3 F <16 7
March 1812 John Diver 2 M>16 1 F>16 1 M<16 5 F <16 9
July 1813 John Diver 1 M>16 1 F >16 0 M <16 6 F < 16 8
April 1814 John Diver 1 M>16 1 F>16 0 M <16 6 F < 16 8
Unk 1816 John Diver 1 M> 16 1 F >16 4 F < 16 6
Unk 1817 John Diver 1 M> 16 1 F > 16 1 M <16 4 F < 16 7
Unk 1818 John Diver 1 M > 16 2 F > 16 0 M <16 4 F < 16 7
It would appear that a son died between 1808 and 1813. Possibly born appx 1805.
Between March 1812 and July 1813, Andrew J. is no longer listed. He would have been 16-17 years of age, did he marry and live with in-laws, apprentice out, or move?
There were no Diver listings found between 1808-1812, have to check book to make sure they took a census in that time span. It seems that John Diver resided in Toronto area until after taking of 1818 census, appears in Monroe County, MI in 1820 census.
A female that could be wife is always listed year to year.
1800 Rensslelaer Co. NY Schaghticoke, pop. 1,838
John Diver
1 male 0-10
1 male26-45
2 females 0-10
1 female26-45
1820 Monroe Co. census pop. 1,833 MI pop. 8.765
88 Divec, John
white males 26-44.....1
white females under 10.....2
white females 10-15.....1
white females 45 & over......1
persons engaged in agriculture......1
1830 Monroe Co. census pop. 3,187 MI pop. 27,378
John Diver
1 male 60-70
1 female 50-60
1840 Monroe Co. census pop. 9,229
John DIver
1 male15-20
1 male70-80
1 female60-70
Monroe County, MI
* St. Mary Parish [history begins 1788; St. Antoine's built 1828; rededicated as St. Mary of the Immaculate Conception in 1845] (Monroe County)
127 N. Monroe Street - Monroe, MI 48162
Phone: (734) 241-1644 E-mail: stmaryparish@foxberry.net
Published Parish History: "The Cross Leads Generations On: A Bicentennial Retrospect, St. Mary of the Immaculate Conception formerly known as St. Antoine at the River Raisin Monroe, Michigan, 1788-1988", compiled by Ghislaine Pieters Bartolo and Lynn Waybright Reaume, printed by Custombook, Inc., 77 Main Street, Tappan, NY 10983, in 1988.
Copies may be still available at the rectory of St. Mary Catholic Church, Elm Street, Monroe, MI 48162, per Ghislaine Pieters Bartolo.
Permission to post quotes from the introduction to this parish history, on this web page, has been given by Ghislaine Bartolo.
"...Only one parish in our Archdiocese, St. Anne of Detroit, can claim to be older than our parish, St. Mary's of Monroe.
Ours is a many faceted history which begins in 1788 in a primitive land inhabited by Indians, and settled by a small group of French-Canadians to whom their Catholic religion meant a lot. They wanted a priest to witness the major events (baptism, marriage and death) in their otherwise simple lives.
The struggles encountered by the pioneer priests were unbelievable. Not only did they have to fight for survival, they also attempted in vain to build a more adequate place of worship. It was not until 1828 that this goal was accomplished. In 1845 the church of St. Antoine was rededicated to St. Mary of the Immaculate Conception. Our parish reached stability and became prosperous around the turn of the century.
Documenting the early years of our history was fairly easy, because the minutes of the parish meetings during the trustee system have been preserved in our files. We also have complete baptism, wedding, and burial records dating back to 1794, and letters from early Pastors....
"...The small parish which started in a humble cabin has had an immeasurable influence not only on the white settlers and on the Indians, but also on generations to come. It was the only place of worship in Monroe County for several years and has touched our entire community in many ways..."
THE BONES OF SAINT ANTOINE'S
By Ralph Naveaux
In the summer of 1999, work began on a new subdivision near the historic site of St. Antoine’s Church in Monroe, Michigan. The church was established in 1788 and was later moved into downtown Monroe and renamed St. Mary’s in the middle of the 19th century. The graveyard, containing the remains of 500 of Monroe’s earliest pioneers, was abandoned some 150 years ago, eventually reverting to farmland. According to local folklore, the remains were transferred to other cemeteries.
Unfortunately, records were unclear about the final disposition of the bodies and the exact location of the original cemetery. After some heavy rains in August, neighbors began picking bones off the surface, which they turned in to the Monroe County Historical Museum. City authorities took over once it had been established that the bones were human. The developer had already put in all the major infrastructure, such as sewer lines and a road, but halted actual building of the homes and hired Midwest Environmental to conduct an archaeological search for the cemetery.
In the space of 3 days, an archaeological team under the direction of Bill Rutter and Mike Pratt located 45 graves in the southeast corner of the development, bordering a small park dedicated to the memory of St. Antoine’s Church. The team did not excavate the graves, but mapped them, concentrating on locating the boundaries of the old cemetery.
Little or no artifacts were found in direct association the graves, although a number of mid-19th century ceramics were found on the surface, as well as both wild and domestic animal bones. Human bones, exposed as heavy equipment scraped off the top layers of soil, were picked up and mark in relation to each grave. Some graves appeared empty, but most showed bones, nails, and some times even fragments of wood. A piece of pelvic bone showed at least one woman’s grave.
Individual graves were clearly visible as dark stains barely 2 feet down in the compacted clay soil. A number of very small stains represented the graves of children or babies. It is thought an upper layer of sand and gravel had been removed in earlier times, possibly along with an upper layer of human remains. The graves were marked, mapped, and then covered back up.
By state law, it appears that the city will have to bear the expense of relocating the remains to a new cemetery if the developer insists. Another alternative would be to purchase the land and expand the current memorial park to enclose it.
"The Friends of St. Antoine", was formed by citizens interested in preserving the remains of Monroe's first pioneer cemetery. They are negotiating with the developer, city officials, the Church, and the Community Foundation to provide a workable plan.
The Friends of St. Antoine wee able to arrange for the services of a dog trained in detecting human skeletal remains. The dog, Doberman - German Short Hair Pointer mix was able to locate 35 more graves. The cemetery appears to be limited to 3 of the proposed 17 lots. Some scattered remains were found beyond the 3 lots, but it is thought these were deposited by farming and construction machinery. It is hoped the field can also be scanned by infrared, thermal imaging radar.
AN UPDATE ON RECENT ARCHAEOLOGICAL DEVELOPMENTS ALONG THE RIVER RAISIN, IN MONROE COUNTY, MICHIGAN
August 21, 2000 by Ralph Naveaux
The Bones of St-Antoine's: In August of 1999, I was caught "red-handed" in possession of some unidentified human remains. These remains consisted of bones removed from a housing development site by a pair of very concerned citizens. They knew the area had once contained our community's first cemetery, the graveyard for St. Antoine's Church (1788-1821), so they had been watching to see if the bulldozers and backhoes disturbed any burials. Although the police objected to our not contacting them first, the museum sent the bones on for analysis. They were indeed human. Although the adjoining St. Antoine Memorial Park was listed on the State Register of Historic Places, references to the cemetery had disappeared from county maps drawn since the 1950's. The city granted the developer the necessary permits without requiring an archaeological study. As speculation rose about the likelihood of finding more remains, the Catholic Church, city government, and most historical agencies tried to distance themselves from the situation.
A group of concerned citizens, calling themselves the Friends of St. Antoine's, then stepped in to act as a liaison between the developer, the city, and other public agencies. The developer agreed to pay for an archaeological study to determine if any more burials were located on his property. Over the next few months, archaeologists led by Bill Rutter and Dr. Pratt of Midwest Environmental found 45 of the possibly 500 burials listed in old church records. Sandra Anderson brought in her cadaver-sniffing dog, Eagle, to help find the boundaries of the cemetery. Bob Melia of the Louisiana-based Real-Time Thermal Imaging flew his thermal imaging equipment over the site in a Channel 11 helicopter to confirm what was found by the others. The results indicated that the burials were confined to the first 3 lots of the new subdivision. The graves were left in place. Those scattered bones which had been removed were reburied at the site in February, 2000. The Friends began raising the $105,000 required to buy the 3 lots from the developer. Unfortunately, the Friends group was unable to raise the money. In a surprise move, in August, 2000, almost exactly a year after the discovery of the bones, the County of Monroe agreed to purchase the property and maintain it as a county park. In contrast to the city, the county has taken on the leadership in this issue. It has formed a county-wide cemetery committee to map and record all our old and abandoned cemeteries to help prevent this sort of situation from arising in the future.
Canine's labor helps find burial grounds of Monroe pioneers
November 20, 1999
BY LARRY P. VELLEQUETTE
BLADE STAFF WRITER
MONROE - A team of archaeologists, forensics experts, and historians has spent hundreds of hours over the last several weeks using expensive, complicated equipment in an attempt to locate the remains of Monroe's first settlers that were buried nearly 200 years ago.
Yesterday, it was Eagle's turn to smell and dig.
In a few short hours, one of the world's most specialized dogs indicated to his handler that there were at least 35 more gravesites at the site of the long-lost St. Antoine's Cemetery than the "experts" had been able to find with their bulldozers and high-tech detection equipment.
"He's just going crazy out here," said Sandra Anderson, Eagle's owner and trainer, as the 7-year-old Doberman-Pointer mix roamed across the already disturbed soil of what was to have been Monroe resident Dan Rice's first attempt at building a housing development.
For about 25 onlookers, Eagle's antics were an amazing display of canine detection ability and human interaction.
As Mrs. Anderson directed him to each area of the search, Eagle walked quickly around, his magnificent nose about nine inches off the ground, sniffing for traces of human skeletal remains buried as much as six feet below the clay-laced soil.
When he "hit" on the scent, he would stop, drop, and bark for his owner's attention, calling her to the site. Mrs. Anderson then asked Eagle questions, making sure he confirmed the spot he had indicated by asking him to point to the scent.
Once confirmed, Eagle got his reward for all his efforts: he got to run off with Mrs. Anderson's hat, which he promptly returned to his handler after he displayed his prize to the gathered crowd.
"To him, it's a game. To everyone else, it's very serious," Mrs. Anderson said.
In total, the dog was able to not only confirm the 45 sites that other researchers had found, but he found between 35 and 45 more sites, she said.
The dog helped them retrieve more than 20 pieces of skeletal remains ranging from the size of a thumbnail to a long bone.
St. Antoine was Michigan's second church. French settlers founded it along the River Raisin's northern bank in 1788.
The parish is the predecessor of St. Mary's Church in downtown Monroe. More than 500 people are believed to have been buried in the cemetery that historians believe was located next to the former church, which burned in the early 1800s. Records indicated that all the graves were moved to a different cemetery in the 1830s.
In September, a consulting firm hired by Mr. Rice located 45 graves on the first two of Mr. Rice's home sites. The additional sites found by Eagle were on a third building location.
Eagle and Mrs. Anderson donated their efforts yesterday to help determine just how many bodies remain in the 18th century cemetery.
The land was sold earlier this year to Mr. Rice, who had planned to build 17 homes on the 5.3-acre parcel along North Custer Road, just east of Monroe's Custer Airport.
Mrs. Anderson and Eagle are from Sanford, Mich., and travel throughout North America and around the world aiding law enforcement and other agencies in difficult cases.
Mrs. Anderson said Eagle averages about 170 searches a year, and she decided to donate his services at the behest of Dr. Jack LeBeau, a retired local dentist who has begun a second career in forensic dentistry.
Land Records from York (Toronto)
1801 June 23
States he is son in law of Jacob DeLong, has wife and three children, a yoke of oxen, hosehold furniture and other property. He desires to settle together with the res of his Father in laws family and wishes for two hundred acres of land in the township of Markham.
He was recommended for two hundred acres of land.
1816 March 28
Petition of William Earhart asking for the land that was assigned to John Diver in Markham township claiming John Diver never resided there and he has not done settlement duties. He also claims that John Diver did not show loyalty to the Crown during the war. Also there is a note signed by W. Allan accusing John Diver of disloyalty as he is the son in law of Jacob Delong (who was accused of disloyalty). John Diver is damned for getting a parole from General Dearborn when the town of York was sacked in April of 1813. And that he was fined 10 lbs for harboring a deserter (from the miltia), his own 16 year old son (Andrew) in July of 1812.
1817
Petition of John Diver asking for his land back. He states settlement duties have been performed. James Weiant (son in law of Jacob Delong as is John Diver) states he was employed by John Diver to clear the land and built a log cabin. He also testifies to the good chracter of John Diver. Land is in Markham township on Yonge St.
1820
Petition of John Diver asks for patent on land, stating he intends to sell it to John Clock (son in law). Hesays he was in Albany on business when he received word of problems. Also included are letters stating his good character as a good hospitable neighbor, of frugal economy, religious, industrious, sober, and that he was in Militia in the war.
Article by Guylaine Petrin
Using the Upper Canada Land Petitions for research
Library and Archives Canada (LAC) has finally released the index to the Upper Canada land petitions and it is a pleasure to use it. Before one had to scroll through reels of microfilm index under various spelling in order to find the correct petitions. The index and especially the abililty to search for petitions by using wild cards as been tremendously useful and makes the collection much more accessible.
The collection can be searched at :
http://www.collectionscanada.gc.ca/databases/upper-canada-land/index-e.html
The collection gives access to 77,000 names of person who asked the government for land between 1783 and 1865.
While genealogist researching their Loyalist roots have been using this collection for generations, other researchers who might not have any Ontario ancestry can still find useful information. All kinds of people petitioned for free land, for lease of crown land, for mill rights as well as for their patent. Not all petitions were successful, and not everyone who successfully petitioned for land ended up settling in Ontario. Generally, most petitions contain at least the minimal information of where the petitioner is from.
This article will show how the 5 petitions filed by John Diver of Michigan allowed a descendant to understand how her ancestor moved from New York to Michigan via a short stay in York County, Upper Canada in the early part of the 19th century.
I ran across the name of John Diver while researching the Delong and Prentice family of York and Etobicoke. Jacob Delong and many relatives came to Markham township from Rensselaer county in NY in 1801. A series of petitions dated in 1801 lists the families who came with Jacob Delong. His sons in law James Weiant and John Diver, specifically stated that they were sons in law of Jacob Delong and wanted land close to him in Markham township.
Name: LONG, Jacob (the name of the person on the petition, use wildcard for various spelling)
Place: York (Markham) (can be the place where the petition was signed or where the person asks for land.)
Year: 1801 (year that appears on the letter)
Volume: 151 (Petitions were classed alphabetically by last name and put in volumes)
Bundle: D 5 (Bundles are in order)
Petition: 24 (within Bundles, by petition numbers. A petition can contain many different pieces of papers, and they will be labeled 24, 24a, 24b, etc.
Microfilm: C-1743 (this is the microfilm number used by LAC, to use in ILL)
Reference: RG 1 L 3 (for bibliographic entry, and refers to original collection)
.
While researching the new UCLP index, I found out that John Diver had 5 petitions in the UCLP index, and I was wondering why so many? I’m glad I checked because they revealed a lot about the chicanery that led to John Diver leaving Upper Canada for Michigan after the War of 1812.
Name: DIVER, John
Place: York
Year: 1801
Volume: 151
Bundle: D 5
Petition: 14
Microfilm: C-1743
Reference: RG 1 L 3
John Diver’s petitions of 1801 is one of many similar one dated the same day. In it he states that he came as a settler with cattle and implement. In fact, even though John Diver was granted land in Markham, conc. 10, lot 1, he actually bought land much closer to Town of York on West side of Yonge., conc. 4, lot 4.
John Diver is always referred to as John Diver of York township, so it does not look like he ever settled in Markham, but in one of the later petitions, he mentions that he hired his brother in law James Weiant, who did settle in Markham to do his settlement duty in his place, and that he intended the land in Markham for his eldest daughter and her husband John Clock.
Usually after a few years, the settler could petition for the patent for his land, but the War of 1812 intervened and caused John Diver some problems
Petitions of 1816
Name: Diver, John
Place: Markham
Year: 1816
Volume: 176
Bundle: E 10
Petition: 51
Microfilm: C-1888
Reference: RG 1 L 3
This petition is actually in the Bundle E, since it was actually filed by Willaim Earhart.
In 1816, William Earhart son of a Loyalist, also veteran of the Incorporated Militia, asks for the land that had been located to John Diver in Markham. He points out in his petition, that John Diver has never resided in Markham, has not done settlement duties, and has not shown loyalty to the Crown during the last war.
A note signed by W. Allan, Major of the 3rd York Militia also accuses John Diver of disloyalty. First he is the son in law of Jacob Delong (who was accused elsewhere) then he is damned for getting a parole when Gen Dearborn sacked the Town of York and thirdly he was fined 10 pounds for harbouring a deserter, namely his own 16 year old son in July 1812.
The 1817 petition
Name: DIVER, John
Place: York (Markham)
Year: 1817
Volume: 154
Bundle: D 11
Petition: 34
Microfilm: C-1744
Reference: RG 1 L 3
In January 1817, John Diver hired a scribe with a beautiful hand to write a very beseeching petition asking for the patent of his Markham lot that “to his great surprise” has been assigned to Lt-Col. Jervois.
The petition contains 13 pages and includes letters showing that the settlement duties have been performed, the various fees have been paid on this lot. James Weiant swore that he had been hired to perform the clearing and built a log home on the property. In addition, a certificate of good character is signed by many neighbours, and most importantly by John Denison, late Captain of 3rd York Militia.
John Denison adds a personal testimonial but with an interesting caveat: “…he [John Diver] has actually performed in person, all such military duty as was required of him without any sort of equivocation whilst under my command.”
I think it is interesting since it implies that John Diver might not have got along with the other commander. It certainly leaves Captain Denison off the hook.
The petition also includes a report from Thomas Ridout as surveyor, where he details all the transactions pertaining to the said lot. At that time, Lt-Col Jervois was given land on another location.
So at that time, the lot was not given away to someone else, but there is still a note about outstanding issues regarding settlement duties.
The 1820 petitions
Name: DIVER, John
Place: York
Year: 1820
Volume: 155
Bundle: D 12
Petition: 152
Microfilm: C-1745
Reference: RG 1 L 3
John Diver again petitions for the patent to his land in Markham, which he intends to sell to his son in law John Clock. John Diver mentions that he was travelling on his lawful business in Albany, NY when he received a letter from his son in law informing him of some problems regarding the title to the land.
John Diver again attaches testimonials to his petitions from neighbours and emphasizes that he performed his military duties in the Militia and that he has performed his settlement duties.
The 1822 petition
Name: DIVER, John
Place: Markham
Year: 1822
Volume: 156
Bundle: D 13
Petition: 44
Microfilm: C-1745
Reference: RG 1 L 3
This is not really a petition, it is mainly an affidavit signed by Patrick Strange, James Fitzgibbons and John McCormack that all settlement duties have been done on lot 1, concession 10 of Markham and a record of an Order in Council that the patent NOT be issued for the lot.
John Diver never did get the patent to the lot he had received in 1801 in Markham. Eventually he moved Michigan, where many descendants can still be found. His son Andrew Diver was an early mail carrier between Cleveland, Eire and Ft. Meigs (Monroe), this would have been by horsebackwas an early postman in Michigan.
For more information on the Diver family, you can check Barb’s website:
http://worldconnect.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=engel&id=I00032
This story illustrates how some very interesting information can be found in this very important collection of documents.
In Toronto we are lucky that copies of the microfilms of the Upper Canada land Petitions are available in both the Toronto Public Library Canadiana collection as well as in the Archives of Ontario, but the microfilms can be borrowed from Library and Archives Canada. For example the 5 aboves petitions were on 4 different microfilms: C-1743, C-1744, and C-1745 and C-1888.
Upper Canada land Petitions have also been filmed by the LDS and are available at their Family History Center. They are called Petitions for land grants and leases, 1791-1867, and they contain both the old Index on microfilms as well as the Petitions themselves. On 374 microfilm reels. They do not match the filming of Library and Archives Canada, so it is important to use the conversion list in the Film Notes. For example, to order the corresponding Petition I would have to order the following:
C-1741-1743 Vol. 147, bundle C-misc., petitions 1-81 -- Vol. 151, bundle D-5 1790-1844
FHL US/CAN Film 1787146
C-1743-1745 Vol. 152, bundle D-6 -- vol. 155, bundle D-12 1797-1844
FHL US/CAN Film 1819626
C-1745, 1875-1877 Vol. 156, bundle D-13 -- vol. 161, bundle D-18, petition 125 1795-1834
FHL US/CAN Film 1819627
C-1886-1889 Vol. 174, bundles E misc. 1789-1841 Vol. 175, bundle E-1 -- Vol. 178, bundle E-16 1792-1831
FHL US/CAN Film 1819709
Even if you don’t think you have an Upper Canada ancestor, check out the Index, who knows what you may uncover.
Will of John Diver describes the land on which he resides as being on the south side of River Raisin, running south 199 chains (13,134 feet) at 19 degrees west bounded to the west by land originally patented to Lewis Piere Le Claire, to La Plaisance Creek. From there 6 chains more or less (396 feet) along the creek to land originally patented to Richard Patterson, then north at 19 degrees east to River Rasin and then down River Rasin to starting point containing ninety acres more or less. This land to wife Mary. After her death to be split at French Creek with north of said creek going to Eve and south of creek to Phebe.
John Diver came to Little York by 1801 where there was free land and low taxes.
His sisters and their husbands, Catren and William Wolfe, Elizabeth and Samuel Lawrence and their families also came. Father in law Jacob Delong and his daughters, husbands and families, Lydia and Oliver Prentice and Rachel and James Weiant.
The British wanted settlers on the frontier, most came from America, 3 out of 5 were Americans. With the war of 1812 loyalties were put in question. Accusations were made of traitor and disloyalty. John had harbored his son, Andrew who at age 16 had deserted the Militia, not an uncommon thing. Jacob Delong and Oliver Prentice were accused of treason. When the Americans under Gen. Dearborn took York many buildings were burnt and sacked. John Diver was probably one of many that surrended to Dearborn.
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