AN ANTICIPATION--MR. ALLAN'S REPORT.
The facts we are now about to record are incredible to persons who have
had no act or part in the struggles of the settlers, and of so
improbable a character that they might be treated as pure fiction, or at
least as gross exaggerations. In order to do away with this impression,
and preserve a connected thread to this very important narrative, the
writer has now brought forward a document, which in point of time is
subsequent to the events we are recording. While we are narrating facts
we desire the reader to be satisfied with their truth and correctness;
therefore we proceed to publish the Report of the Special Commissioner
sent by Lord Sydenham to investigate the alleged grievances of the
petitioners, and to report on their petition.
[COPY.]
TORONTO, 8th July, 1840.
SIR,--I am directed by His Excellency, the
Governor-General-in-Council, to inform you that his Excellency has
appointed you a Special Commissioner to investigate the complaints
of the settlers in the township of McNab in your District, and you
will report direct to His Excellency in Council. You will proceed,
immediately on the receipt of this communication, to the work of
investigation, taking the petition of Angus McNab and others as
your basis.--You will be minute and particular in your
examinations, and will visit every lot, value the same, and if
possible see every settler personally, and ascertain from him the
truth or falsity of the complaints made to the Government.
I have the honor to be, etc.,
(Signed), W. H. LEE,
_C. E. Council_.
FRANCIS ALLAN, ESQ., }
_Crown Land Agent_, }
Bathurst District, Perth.}
[REPLY.]
BATH. DISTRICT OFFICE, }
PERTH, 4th Nov., 1840. }
SIR,--In compliance with the desire of His Excellency in Council, I
beg to enclose you remarks upon the petition of Angus McNab and
others, settlers in the township of McNab, which I trust will meet
the approbation of the Council, and
I am, etc.,
(Signed), FRANCIS ALLAN,
_Agent, Bathurst District_.
W. H. LEE, ESQ., }
_C. E. Council, Toronto_. }
[REPORT.]
Remarks upon the Petition of Angus McNab and other settlers in the
Township of McNab, on the inspection and Report of the general
affairs of the Township of McNab, by Francis Allan, Agent of the
Honorable, the Commissioner of Crown Lands, in the Bathurst
District:
With regard to the assertion of the Petitioners that the McNab
"cannot show where he has laid out one shilling for their behoof,"
I have to state that after the most minute enquiries on the
subject, both amongst the settlers and others in the neighborhood,
I have not found it in a single instance contradicted. The roads,
except where naturally hard and dry, are in a most miserable
condition; and the settlers state that they have been prevented
from working upon the regular lines of road by the McNab's
exercising his authority as a magistrate, and calling them to work
upon roads which they allege was either to conduce to his own
personal advantage, or gratify his caprice. They state that they
have been frequently called upon by him to expend their statute
labor upon a new road in one season, and before the next, it was
laid aside and another projected. The two roads of approach on the
south-east side of the township are most wretched--one of them all
but impassable, a horse going to the belly every few rods, at least
on one of them, for miles together, in the month of August. And yet
I have not been able to discover that the MacNab ever laid out one
shilling for the repair of roads, beyond his ordinary
statute-labor. I heard, indeed, that he subscribed L20 to assist
in building a bridge across the Madawaska at Arnprior; but he paid
it in oak cut off the Crown or settlers' lands, hewn by the
settlers, either on their own private time, or time which they had
subscribed for the bridge, and sold to the contractors at so much a
foot. Therefore, whatever he might have subscribed, I conceive he
paid nothing.
McNab has stated (and he has done so in my presence), that he had
to convey all the provisions for his settlers at the commencement
upon men's backs, from Bolton's Mills in Beckwith. It is most
confidently affirmed--and that in the most general way--that one
pound of provisions was never conveyed from hence, or anywhere
else, at his expense for the benefit of the settlers. They were
under the necessity of travelling into Beckwith and Ramsay amongst
their friends and acquaintances to procure provisions for
themselves and families upon credit. And many of the settlers and
others state that had it not been for the generosity of the
Beckwith people they possibly might have perished; and worse than
all, McNab wrote to one or more of the inhabitants of Beckwith,
cautioning them against trusting or crediting his settlers.
That he has obtained timber-duties, less or more, since the year
1832 to the present time, is perfectly true--previous to his
obtaining the privilege of the timber-duties in 1835, and even
since, he was in the habit of granting licenses to cut timber on
lands which he had actually located, and of locating lots in names
of persons apparently for no other purpose than to obtain the
timber. I have had no opportunity of judging of the amount of his
receipts from this source, but felt confident it must have been
immense, and do not discredit the statements in the petition,
either with regard to his receipts in general, or this season. A
person named Duncan Campbell, residing on No. 23 in 12th concession
stated to me that he was ready to prove that he got his license
from McNab to cut timber in the month of January last, but it was
dated in the month of August preceding.
It has also been most positively affirmed that McNab has passed
great quantities of timber as having been cut in McNab township,
taken from the adjoining townships; and that on one occasion he
passed a whole raft as such, which came down the Ottawa far above
McNab. This last, though convinced in my own mind on the subject,
would be very difficult to prove, seeing that the lumberers, the
principal witnesses, were implicated in the fraud.
It is also beyond all question that the McNab has collected rents
of all settlers from whom he could obtain it, whether brought out
by him or not. There are only about 15 or 16 families in the
township that he brought out. It is also certain that he has sold
land at high prices. He sold No. 17 and 18 broken lots in the 13th
con. to Alexander McDonald for L120. He sold No. 20 and 21 in the
13th con. to Michael Roddy, for L150, as appeared from written
evidence produced to me. And written evidence was also produced
that Duncan Anderson sold No. 25 in the 11th con. to Michael Roddy,
with the improvements, for L500, and that McNab got one half, and
Anderson the other. And several other lots he had sold, or
attempted to sell, for clearing land to him. To my certain
knowledge, Anderson drew 100 acres of a free grant previous to his
going to McNab, in the township of Beckwith, and afterwards sold
it. Two other persons have also received grants from the McNab,
viz.: Donald Fisher in the 1st con., and John McCallum in the 4th
con., who formerly received free grants from the Government. Those
two last, however, deny having paid McNab any consideration for
their present possessions.
That very many of the settlers have been harassed with law, is also
incontrovertible; and many more kept in constant alarm by threats
of being sued by the McNab. In the case of John Campbell, located
on N. E. half of 13 in the 7th con., by trade a blacksmith, came
into the country at his own expense, refused to pay the Chief rent,
or grant a mortgage on the lot. The Laird therefore, upon what
authority I know not, seized his tools and kept them for a great
number of years.
In another case, an illegal document was shown me, purporting to be
a Declaration by the McNab regarding some alleged debt, stated to
have been an extortion annexed to which was a warrant signed by
another magistrate of the name of Richey, for the purpose of
arresting a sum of money in the hands of a third person; and I was
informed that this illegal conduct was actually carried into
effect.
Another case it is particularly my duty to mention.--Duncan McNab,
who was originally located on No. 13 in the 1st con., and Duncan
Anderson, mentioned above as having sold 200 acres and was again
located on another 100 acres in the 4th con., thought proper to
exchange lots. The Chief, as is alleged, being offended with Duncan
McNab, sued him with the intent of putting him off the lot. D.
McNab gained his suit and in order to get the better of him, the
Chief upon some pretext or other got out a patent for the lot,
brought on the suit again, and now having the Government patent to
produce, gained it, thus utterly ruining a poor man with a young
family. Anderson, however, remains in undisturbed possession of D.
McNab's lot.
To conclude, I beg to report that the McNab has drawn or procured
the deeds of the greater part of the most valuable lots in the
township; and also to record my opinion, that independent of the
_wanton_ oppression and outrages of humanity which the settlers
allege against him, McNab has conducted the affairs of the township
in the worst possible manner for the interests of the settlers or
the country. There is not a grist-mill at present in the township
and many of the settlers have to travel fourteen, fifteen and
sixteen miles to mill, through roads which in any part of the
country as long settled as McNab would be deemed disgraceful. The
system of rent and mortgage, added to an arbitrary bearing and
persecuting spirit, seems to have checked all enterprise, and
paralyzed the industry of the settlers. In fine, had the McNab
studied it he could not have followed a course more calculated to
produce discontent and disaffection amongst a people. The devotion
of Scotch Highlanders to the Chief is too well known to permit it
to be believed that an alienation such as has taken place between
McNab and his people, could have happened unless their feelings
were most grossly outraged.
All of which I have the honor to submit to Your Excellency's
consideration.
(Signed) FRANCIS ALLAN,
_Agent Bathurst District_.
We publish the reply of the Chief to Mr. Allan's remarks. It is
anticipating the history for two years, but necessity requires us to
insert it, so that the occurrences which follow may be believed.
M'NAB'S REPLY.
Remarks by the Laird of McNab upon the report of Francis Allan,
Esq., on the Township of McNab:
Broken lot No 12, concession 1, Thos. McLachlan:--This agreement is
cancelled, and these lots open.
Lot 15, con. 1, Donald Fisher:--This lot was originally granted and
deeded for a carpenter establishment, for encouragement of settling
the township.
Lot 16, con. 1, John Wallace:--McNab has received no duty of timber
as yet.
Lot 18, con. 1, A. D. McNab:--McNab reserved the timber upon this
lot.
Lot 26, con. 1, Andrew Hamilton:--False statement: paid all the
expenses of passage from Montreal.
Lot 18, con. 2, Dugald Stewart:--False statement: reserved the
duties.
Lot 19, con. 2, A. C. McFadden:--False statement: the son has fled,
accused of rape.
Lot 25, con. 2, James Morris:--This is one of those who would not
grant a mortgage upon his lot: conform to location ticket after the
patent was taken out for him.
Lot 5, con. 3, Duncan Robertson:--This agreement cancelled, as
mentioned above.
Lots 6 and 7, Smith Luth and Allan McNab respectively:--Originally
granted to Gregor McNab and Allan McNab, with broken front of No. 6
of the 14th con., for erecting mills for the benefit of the
township. Gregor McNab went home to Scotland to realize funds,
where he died; and these broken fronts were deeded to Allan McNab.
The saw mill has been in operation some time, and the grist-mill
will be completed next year; McNab got no value for them.
Lot 25, con. 2, George Morris:--Government has granted a
location to one Robert Peak, an old soldier, for this lot.
Lot 6, con. 4, Gregor McNab:--This statement is erroneous.
Lot 6, con. 4, Allan McNab:--This is the saw-mill as stated above.
Lot 14, con. 6, Duncan Anderson:--This is one of McNab's lots for
which he is deeded.
Lot 24, con. 4, John McCallum:--This was an original grant for
which McNab got no value for erecting a school establishment for
the benefit of the township.
Lot 25, con. 4, Wm. Richards:--Wrong statement, it being the above
lot.
Lot 5, con. 5, David Brunna:--Original grant, and deeded for a
blacksmith's establishment for public benefit.
Lot 11, con. 5, Joseph Patterson:--This statement is not correct.
Lot 7, con. 6, Peter McIntyre:--These L80 were incurred for law
expenses, this fellow having denied that he ever signed the
original bond in Scotland.
Lot 12, con. 7, Donald McIntyre:--McNab considers himself bound,
whenever this Donald McIntyre pays him in full of his claim, to be
debited with the amount, conform to order in Council.
Lot 13, con. 7, John Campbell:--This lot is deeded to one Archibald
McNab by mistake.
Lot 25, con. 7, James Miller:--False statement. This man has left
the country.
Lot 25, con. 7, John Preston:--This man McNab took from Montreal.
He fled also.
Lot 5, con. 8, Arch. McNab:--This lot was deeded to McNab to
establish a ferry.
Lot 11, con. 8, Neil Robertson:--Took this man and family from
Montreal.
Lot 17, con. 8, James Aitkin:--Originally Colin McCaul, who was
killed by a falling tree; afterwards to James Aitkin.
Lot 24, con. 10, James McLaren:--This is one of those who after
getting a patent taken out, refused to grant a mortgage.
Lot 21, con. 11, A & G. Devin:--These are father and son, who with
their family, I took from Montreal.
Lot 25, con. 11, Duncan Anderson:--This person, Anderson, was very
useful to McNab on first settling the township, in procuring
provisions and assisting to make the settlers comfortable, in which
capacity and for his extra exertions and trouble, I originally
granted him this lot. Many accounts accordingly passed between us
which is impossible for McNab to bear in mind at this distance of
time: 16 years ago.
Lot 6, con. 12, Alex. McNab:--This is one of the most infamous
characters in the township.
Lot 7, con. 12, Jas. McNee:--This person is my old family Piper, to
whom I granted a lot of land and deed, but never received any
value. He has a large family of sons.
Lots 18 and 19, con. 13, Alex. McDonell:--Originally granted these
broken fronts and deeded for building a good inn and store for the
benefit of the township and the public, which Mr. McDonell did,
much for the comfort and accommodation of that part of the country.
It is a pity that Mr. Allan should state what he is not perfectly
certain of.
Lots 20 and 21, con. 13, Michael Roddy:--This original grant was to
one Walter Beckwith, under an agreement to build a comfortable inn
for the accommodation of the public. In this he failed to cover
what McNab had advanced; he sold the lot to one Michael Roddy, who
is deeded for it.
It is here particularly to be observed that McNab was obliged to
make many sacrifices, and in order to encourage an infant
settlement, was induced to make several gratuitous grants of land
to encourage tradesmen to settle in this remote quarter.
McNab cannot conclude these remarks upon Mr. Allan's report,
without regretting much the spirit in which it is made or drawn up,
and in more points than one, its total deviation from truth. For
instance, obviously from a desire to deteriorate the value of the
township, he states positively that there is no grist-mill in the
township. Now the truth is there has been a very extensive mill
establishment in active operation for these ten years past, both
saw and grist, at Arnprior; that there has been a saw-mill in
operation upon Waba River, for some time past, and a grist-mill
erecting; also a third upon the very same creek (being reference to
Mr. Hugh McGregor, who saw these mills frequently in operation). He
takes also the liberty of remarking, under what consideration does
Mr. Allan value the spot on lot McNab has built his cottage, at 15
shillings per acre?--by much the highest price he has valued (but
which comes the nearest to the real value of any one he has
valued), for MacNab most positively avers, and that without doubt,
that the one-half of the township as settled is as good, if not
better, than it.
McNab, with due deference, submits that according to the Order in
Council, of date 27th Sept., 1839, which particularly provides that
in the event of McNab's having secured any payment from any of the
settlers, in whole or in part of the expenses incurred in taking
them either from Scotland or Montreal to the township of McNab (as
in the case of Donald McNaughton particularly referred to and
provided for), that the said sum should be deducted from the sum
awarded him (for instance his remarks as to Donald McIntyre's
claim, in his observations upon Mr. Allan's report), but he
respectfully, though positively, asserts that no such inference or
proposal as his repaying to the settlers any portion of the rents
he received was ever mentioned or even proposed to him in his
arrangements with the Government, the retaining, refunding, or
repaying the small portion of rents he received never having been
once suggested.
Upon looking over the rent-roll according to the terms or
statements of the list of lots located and guaranteed by McNab in
his agreement with the Government, he finds he has located
altogether, exclusive of his own lands and those lands particularly
referred to in his memorial as originally granted by him to
tradespeople and for inns to accommodate the public, he finds
15,000 acres; and this at the upset price of lands, as sold by
Government, will amount to L7,000, exclusive of 500 acres; which
can still be sold at 5 shillings per acre. This, with the value of
L2,000 worth of timber now to be disposed of by Government, besides
the slate-quarries, will present a fair state of the value of the
township to the Government. McNab at the same time taking this
opportunity of remarking that if the payment of the amount of money
as awarded by Government and agreed upon (L4,000), shall in no way
be contingent upon the Report as given in by Mr. Francis Allan, as
he considers that Report decidedly incorrect, and not consistent
with facts which is in his power at any time to prove. The prices
he has put upon each separate lot, as affixed to copy of rent-roll,
he will refer to any Land Surveyor in the district, or take them
at the same valuation himself, in whole or part payment of his
money, as agreed upon by Government. It is here to be remarked that
on making up any calculation upon this Report of Mr. Allan, that he
has included all McNab's own lands and those lots he originally
granted gratuitously for the encouraging the settlement of the
township, and which, as he has already and frequently stated both
in his Memorial and other documents to the Government, and to which
he refers.
(Signed) ARCH. McNAB.
Toronto, November, 1840.
P.S.--There is a gratuitous and invidious remark by Mr. Allan at
the close of his Report, by which he rather commits himself; for
after stating that there is no mill in McNab he says I am
preventing other mills being built by not getting boards from my
mill. Now, the truth is, I never had my mills in my own hands,
having always let them for a rent, as they now are. I, of course,
never interfere, nor can do so, only in getting my rent, no
restrictions being put upon the tenants. A. McN.
CHAPTER XII. (1838.)
THE TRIALS--PETITION TO THE EARL OF DURHAM.
The rebellion of 1837 had been completely suppressed. To rush to arms
against the constituted authorities is sinful, unless the people are
ground down by repeated oppression, and even then the morality of a
revolt is questionable, unless repeated applications for redress had
been refused. Such was the case, then, in Upper Canada. Their petitions
to the throne were unheeded, their remembrances ridiculed, their
grievances unredressed. Driven to frenzy, they rebelled--not against
their amiable and youthful sovereign, but in opposition to the tyranny
of Sir Francis Head and the mal-administration of the Family Compact--of
the Jones, the Sherwoods, the Macaulays, and the Hagermans--all closely
connected by marriage or consanguinity. The insurgents had now been put
down; peace and tranquility reigned over the land. Court-martials were
being held in Lower Canada, while two of the leading rebels in the Upper
Province, Lount and Matthews, were condemned and executed. Executions
were of daily occurrence in Montreal. The drama of political vengeance
was acted out _a l'outrance_. Mercy was not dreamt of. The law of High
Treason was carried out in all its horror. Lieut. Weir's cruel and
treacherous murder by Jalbert and his ruffian companions had steeled the
hearts of the military judges and of the Executive against the common
feelings of humanity. Montreal was baptized in a sea of blood. The
minority had triumphed in both provinces. In both, the grievances of the
people were overlooked, and their wrongs unredressed. The petty
oligarchies in each looked forward for many years to a reign of
supremacy, without question or molestation. But they were, fortunately
for the country, disappointed. Statesmen at home came to the conclusion
that something was wrong. Lord Glenelg roused himself from his sleepy
apathy, and Viscount Glenelg from his luxurious ease and voluptuous
excesses, and in alarm stayed the effusion of blood--stopped all further
executions, sent out a special commission composed of the Earl of
Durham, as Governor-General, Sir George Grey, and Sir Charles Gibbs.
They recalled Sir Francis Head, and superseded Lord Gosford. Sir George
Arthur was appointed Lieut.-Governor of the Province, instead of the
notorious Bond Head. The Chief had now lost his best and most
accommodating friend. Everything was looking up for the settlers. Lord
Durham's name was the household word for radical reform. He was the very
man for the aggrieved settlers of McNab.
While these important matters were going on through the country, the
Laird was preparing fresh suits. Mr. Allan Stewart (late Treasurer of
the Township) had inadvertently cut some timber on one of the unlocated
lots in the township. The Chief, hearing of this, at once evoked the aid
of the Attorney-General, and commenced _a qui tam_ suit against Mr.
Stewart for trespassing on the lands of the Crown.--Stewart at once went
and offered the Chief the duty. No; his Lairdship required the timber.
This Mr. Stewart refused to give. While this action was in progress, the
trial of Donald Mohr McNaughton was approaching. The Chief got his
witnesses subpoenaed, and all parties bent their steps to Perth. The
Quarter Sessions came on; Col. Alex. Fraser was elected chairman. Donald
McNaughton was put in the bar, and indicted on several counts, the
principal of which was assault with intent, etc. Daniel McMartin, Esq.,
conducted the prosecution; Mr. Radenhurst the defence. Manny Nowlan, in
his evidence, which was overstrained and exaggerated, did his best to
convict the accused. Mr. D. C. McNab, then residing with the Chief--a
mere youth--also was a witness, and simply related the facts as they
occurred. Donald Mohr was quite satisfied with the latter's evidence and
called no witnesses. Col. Fraser, to his credit be it spoken, charged
the jury to find a simple assault and entirely ignored that of a more
aggravated nature. The jury retired, and brought in a verdict of "Guilty
of simple assault of a trifling nature, under strong provocation, and
recommends the defendant to the leniency of the Court." The sentence was
L2 10s. and costs. The sentence was light, but the costs amounted to L17
5s. Scarcely had the sentence been pronounced, when an execution was
placed in the Sheriff's hands against the Chief for the balance of the
judgment for the road money. The Chief's horse was at once seized at
Cross's stables, and notices of sale freely distributed through the
town. McNaughton at once paid his fine and the costs, amounting in all
to L19 17s. 9d. Had he been a poor man, he would have been imprisoned
for months, or perhaps years, but unfortunately McNab's victim had the
means, and he was foiled somewhat in his expectations. The Court rose.
The two antagonists met at the door of the Court House.
"See what it is, Donald," exclaimed MacNab, "to oppose your Chief."
"See what it is, Chief," replied McNaughton, "not to pay your debts.
Your horse is now seized and will be sold for the road-money."
"Pho, nonsense!" said the Laird, "they would not dare to do that. You
better not get up another petition against me."
"That we will, and a dozen of them," was the reply, "now that Lord
Durham is coming out."
The Chief stalked away in proud disdain, snorting like a rhinocerous;
but he found Donald's words true; his horse was impounded, and he had
to borrow the money from Craig-darroch to get him released.
No sooner had McNaughton reached home than a general meeting of the
whole township was held at the Flat Rapids, and it was unanimously
resolved to memorialize the new Governor-General, and send a special
delegate to wait upon Lord Durham, upon his arrival at Montreal. Mr
Allan Stewart drafted the petition, and he was selected as the most
proper person to present it. He started on his mission in July of this
year, after having the petition signed by almost every settler in the
township. A few of the timid and vacillating refused to do so. Dread of
McNab's retributive anger alone prevented them. They wished the mission
every success, but they declined compromising themselves by any overt
act of domestic treason. When Mr. Stewart reached Montreal, the Earl of
Durham was there. This proud democratic nobleman disdained to enter any
house in the city. He chartered the _John Bull_ steamer, which was
fitted up sumptuously for his accommodation, and this was his temporary
palace. Mr. Stewart intended to present the petition to him in person;
but just as he reached the wharf Lord Durham had disembarked, and
instantly jumped into a carriage. His _aide-de-camp_, Col. Cooper,
seeing Stewart's perplexity, at once went up to him, frankly entered
into conversation, took the petition, and promised to present it.
Stewart gave him his address. Col. Cooper was as good as his word. Next
day Stewart received a reply, stating that as soon as the viceroy
reached Toronto, an investigation would be held in these matters, and
justice should be done.
In the meantime, while the settlers were getting up active measures of
resistance, the Chief was preparing a blow and maturing a plan, which if
successful, would have placed the people completely under his power, and
which nothing but endless litigation and the intervention of Chancery
could render nugatory.
Upon hearing of the appointment of Lord Durham as Lord High
Commissioner, he became intuitively aware of his danger, and hastily
applied to the Government for a _Trust-Deed_ for 10,000 acres, so that
he might transfer to those settlers who had settled with him, the
portion of land upon which each had been located. This application
reached Toronto two days after the departure of Sir Francis Bond Head.
Had that gentleman been occupying the gubernatorial chair, the
Trust-deed would have been at once handed over to the Laird; but,
luckily for the settlers, Sir George Arthur had arrived, and he was a
different sort of character from his predecessor. The Council were for
granting what McNab asked. The Lieut.-Governor demurred, and the Chief
was summoned to Toronto. He arrived early in June, 1838, and had an
immediate interview with His Excellency. Sir George heard his story, and
became more determined than ever to refuse his application; it was too
much power to put in the hands of one man. McNab might, under the deed,
sell to any one who would become a settler, the lands under location to
his rebellious followers. Thus argued Sir George, and he reasoned
correctly. The application was refused. The Chief then devised another
scheme more nefarious than the former, which he was within a hair's
breath of accomplishing. The following public documents will speak for
themselves, and tell the tale:--
[COPY.]
To His Excellency, Sir George Arthur, K.C.H., Lieutenant-Governor
of the Province of Upper Canada, etc.
The Petition of the McNab Sheweth:
That since it appears to your Petitioner there are some
difficulties entertained by Your Excellency and the Executive
Council as to granting him a Trust-Deed for enforcing the terms of
his agreement with his settlers for the present, and duly
appreciating the motives, he humbly hopes there can be no objection
to ordering him his patent-deed, for the Five-thousand acres
granted this Petitioner originally for settling the Township. And
your Petitioner shall ever pray, etc.
(Signed) ARCH. McNAB.
Toronto, June 28th, 1838.
* * * * *
GOVERNMENT HOUSE, 29th June, '38.
Referred to the consideration of the Honorable, the Executive
Council.
By Command,
(Signed) JOHN MacAULAY.
* * * * *
IN COUNCIL, 29th June, 1838.
Recommended the Patent issue for 5,000 acres, free of expense.
(Signed) R. B. SULLIVAN, P.C.
(Signed) GEORGE ARTHUR.
* * * * *
GOV'T HOUSE, 7th July, 1838.
Referred to the Surveyor-General to report thereon for the
information of the Honorable, the Executive Council.
By Command,
JOHN MacAULAY.
[COPY.]
The lots selected by the Laird of McNab to cover his grant of 5,000
acres made to him in Council, 29th June last, are principally those
lots located in the names of his followers. I was therefore under
the necessity of withholding the description until the pleasure of
Your Excellency could be had thereon.
(Signed) J. RADENHURST.
Sur.-General's Office, 20th July, '38.
* * * * *
IN COUNCIL, 11th Oct., 1838.
The Council cannot recommend a location to the Laird of McNab of
lands located to his settlers.
(Signed) R. B SULLIVAN.
(Signed) G. A.
This was a wholesome scheme of vengeance as flagitious and vindictive as
it was heartless and unprincipled. The Laird had, when marking out the
lots to be patented to him, inserted in the diagram of the Township that
some of the original locatees were dead; others had fled to the United
States; and others again had abandoned their lots and gone to reside in
a neighboring county; and he was believed. The nefarious intrigue was
frustrated by a mere accident. The hand of Providence had interfered to
save the poor and oppressed settlers from utter ruin. Mr. T. M.
Radenhurst, of Perth, was in Toronto on the 12th July, 1838, attending
to some law business, when in a casual conversation with his brother,
Mr. J. Radenhurst, of the Surveyor-General's office, the affairs of the
Township of McNab came upon the carpet, and Mr. T. Radenhurst informed
his brother that the settlers represented as dead and absconded were
living upon the lands located to them by the Chief, and for which lots
he had applied to be covered by his patent. Immediately upon hearing
this intelligence, Mr. J. Radenhurst forwarded to the Lieut.-Governor
the remonstrance dated the 13th of July, 1838. All further action in the
matter was stayed until inquiries should be made.
In August of the same year Lord Durham appointed a commission to
investigate the affairs of the township. It sat in Toronto. Not a single
settler was examined. The archives of the Crown Lands Department were
alone searched into. Discrepancies were discovered between the original
assignment of the township for settlement and the manner in which McNab
had carried on the business of his agency. The Chief was condemned. The
Commission recommended the immediate deprivation from the Chief of all
further power, and that the original grant should be carried out in all
its integrity. That these settlers who came to the country at their own
expense should receive their lands free, and that those brought out by
the Laird should pay for their lands at a valuation, and the proceeds be
handed over to the Chief. This report was made in October. Immediately
upon its substance being communicated to the Government of Upper Canada,
the order for the patent to the Chief on the located lands (that is the
lots of the settlers), was rescinded, as appears by the Hon. R. B.
Sullivan's and Sir George Arthur's order of October, 1838, already
published; but the equitable arrangement proposed by Lord Durham's
investigating committee was indefinitely postponed. That nobleman,
proud, haughty, and unrestrained in his indignation when aroused, took
mortal offence at the attack made upon him by Lord Brougham in the House
of Lords. He at once threw up his commission, left Sir John Colborne in
his place, and went to England. With the exception of Sir George Arthur,
the Laird's friends were now in power. The Family Compact still held
the reigns of government, and although they dare not patent the
settlers' lands to the Chief, they allowed the question to remain in
abeyance.
In the meantime McNab proceeded with his suits at the Fall Assizes. In
that one against Mr. Allan Stewart, although the timber had been cut on
his own located lot, the Chief was eminently successful, and obtained a
verdict of some L40. His suit against Duncan McNab (Isla), also came on,
and notwithstanding the law and the Judge's charge, the jury brought in
a verdict for the defendant. It was a Dalhousie and Lanark jury that
decided the case. They themselves had suffered oppression at home.
They looked to the justice of the case--not to the law of real
property--and in spite of the ruling of the judge, the Chief was
defeated. It was only a temporary success; yet, such as it was, it
diffused unbounded joy throughout the whole township,--McNab was not
invincible. He could be conquered by his own weapons. What was
accomplished now might be achieved again. Threats of new trials did not
deter them from determined resistance. A subscription was got up and
placed in a common fund to defray law expenses in opposing the Chief. A
regular and systematic organization of the whole township was effected;
and this was the state of affairs in December of this year, when the
second rebellion broke out. A party of American sympathizers had invaded
the country at Windsor. Those in West were soon put down. At Prescott it
was different. They had a determined leader end a good general. Von
Schoultz had taken possession of the windmill and the house adjoining.
The first attacks of the Glengarry Highlanders and the regular troops
were repulsed with great loss of life. This was the news that reached
the Ottawa. The Chief, as Colonel, called out his regiment. They
assembled at Pakenham, 900 strong. A call was made for volunteers. It
was almost unanimously responded to by Fitzroy and Pakenham; but the
people of McNab held aloof. They would not volunteer under their Chief.
They remembered the fate of some of the "Breadalbane Fencibles" under
his uncle in 1798. They had volunteered to defend the country against
the French,--Lord Breadalbane, as Colonel, and Francis Chief of McNab
as Major, tendered the services of the Fencibles to the Government to
put down the rebellion in Ireland. An order was made for their
departure. They refused to go. It was contrary to their agreement when
they entered the service. They openly mutinied, and go they would not. A
cavalry and an infantry regiment of the line were drawn up to compel
them to march. The Highlanders, instead of submitting prepared
themselves for battle and resolved to lie dead on the field of Dunbar
sooner than budge a step.--Muskets were loaded on both sides, and the
novel spectacle of three British regiments drawn up in hostile array
against each other, for the first time presented itself. The officers
were obliged to submit. The order was countermanded, and the men
returned peaceably to their quarters. Seven of the ringleaders were
seized during the night, and were next morning tried by court-martial,
and shot. The people of McNab remembered this, and they determined not
to give McNab the slightest chance over them. In the evening of the same
day, instigated, as some imagined, by the Chief, a fight took place
between some of the Orangemen and Highlanders. The poor settlers were
looked upon by the ultra loyal as rebels, not only to their Chief, but
to the Government; and to punish them severely was now the object of the
Irishmen of Pakenham and Fitzroy. Although they numerically surpassed
the McNab settlers, about five to one, the Highlanders fought bravely.
They were compelled to retreat to Mrs. McFarlane's old house, in which
they defended themselves with the utmost resolution. Frying-pans,
pokers, tongs, kettles, brooms, and every article of any solidity, were
used as weapons of war. The fight lasted till night, when both parties
became tired of the contest; some ugly wounds were given and received;
and a man of the name of Porter was so badly injured that he died in ten
days afterwards. News reached Pakenham that night that the rebels were
totally discomfitted, and that Von Schoultz and most of his gang were
taken prisoners. This was the final effort of the insurgents, or of
their friends. Peace was finally restored, and the home Government
earnestly set to work to redress the grievances of the colonies. Hope
began to dawn upon the McNab settlers. Their petition to Lord Durham
had not only been listened to, but acted upon. McNab's fraudulent scheme
of obtaining their lands was completely frustrated, and at the close of
this year the people looked forward to a speedy and equitable adjustment
of all the matters in dispute between themselves and the Chief; but they
had struggles yet before them; McNab was not going to yield up his
advantages without a desperate effort. The struggle was yet to be
protracted for four years before ample redress could be obtained.
CHAPTER XIII. (1839).
A SLIGHT RETROSPECT--CUTTING THE GORDIAN KNOT--IMPRISONMENT OF MR.
STEWART.
Both parties had temporarily ceased from hostilities. There was a
cessation of arms--a slight truce--awaiting the action of the
Government. Lord Durham had gone to England. Sir John Colborne was
installed as Governor-General. Foiled in his efforts to get his patent,
either upon the lands of his settlers, or upon any other lands at
present, the McNab was concocting fresh schemes to aggrandize himself
and to punish his refractory followers. Arnprior had been abandoned by
Simpson, Mittleberger & Gould. The latter, for his share of the
broken-down company, took possession of the _George Buchanan_ steamboat,
and ran her regularly from the head of the Chats to the Cheneaux. The
grist-mill at Arnprior had gone out of repair, and as no one was at that
place to look after the property, it was fast falling into decay. The
mills were regularly plundered. They had been assigned to the
Middletons, in Liverpool. Everything bore the aspect of ruin and
desolation. By degrees the gearing of both mills disappeared, and also
the boarding and frame of the grist-mill was gradually being carried
off, and only a skeleton remained. Mr. Minor Hillard took possession of
Tom Landon's vacated tavern, without question or molestation; and he
alone was the only person living at Arnprior, and who pretended to take
some kind of surveillance of the place. Its ancient glory was gone. The
buildings were in ruins, and by sheer neglect were fast hastening to
decay. The people in the township were, however, notwithstanding all
their discouragements, slightly advancing in the onward march of
progress. A minister had been sent for to Scotland, and in response to
their repeated applications, the Foreign Mission Board sent out the Rev.
Alex. Mann, who took the three congregations of Fitzroy, McNab and
Pakenham, and preached tri-weekly in each station. The settlers now
prepared to build a church. After much consultation, a site was fixed
upon the lot of Mrs. James Stewart, on the 2nd concession, and
subscription lists were sent through the townships of McNab and Horton
to raise funds. In the interim, large barns of some of the settlers in
Canaan during the summer, and the dwelling-houses in winter, were
improvised for the purpose of temporary worship. The logs for the new
church were got out during the ensuing winter, and it was completed in
1840. The building is still used as a place of worship for the
Presbyterians of the Kirk in McNab. It is clap-boarded, painted,
well-seated, and a comfortable house of worship.
Three schools were also established in the township; one in Canaan,
another in Goshen, and a third at White Lake. The system of instruction
was quite different to what it is now, and the qualifications of the
teachers were of a remarkably low order; any person who could write
tolerably, read middlingly, and do a simple sum in addition or
subtraction was eligible to be chosen as a teacher, particularly if he
was disabled, maimed, or unfit for any other occupation. The Board of
Education sat at Perth; its examinations were a farce, and its
proceedings a mere burlesque. The whole process of testing the powers of
the candidates occupied about half-an-hour, and they all generally
passed the trying ordeal with flying colors.
In the summer of this year Mr. Allan Stewart was arrested for the
judgment the Chief had obtained against him for the timber cut upon his
own lot, or rather upon the land on which he had been located by the
Chief. He was brought to Perth and lodged in the debtors' apartments,
under the care of Mr. James Young. The Chief would hear of no
compromise. He must exact the pound of flesh to its full extent. Mr.
Stewart became equally obdurate. The weekly allowance was regularly
paid; but fortunately one Monday evening the Chief was entertaining some
friends at a dinner party in Perth, among whom was his legal adviser,
Mr. Daniel McMartin; and in their conversation and enjoyment poor Allan
was forgotten; the weekly alimentary supply was not paid; and Mr.
Stewart was discharged. The Chief, to the day of his death, never
received a penny of this judgment. When Mr. Stewart wished to settle the
matter with the Chief by paying him some down and getting time for the
remainder, McNab's reply was, "Go to Lord Durham; perhaps he will help
you." Mr. Stewart began to remonstrate, but McNab haughtily ordered him
out of the room. This proceeding nerved Mr. Stewart to the utmost, and
inspired him with fresh energy in carrying on further proceedings
against the Laird.
A new trial had been obtained in the Chief's case against Duncan McNab
(Isla). The last verdict had been set aside, and it was brought down for
trial to the Perth Assizes in October of this year. This was the third
trial of this memorable case. The jury had, in the last trial, given a
verdict against law, and it was consequently set aside. The trial came
on, and McNab finally gained the suit. Poor Duncan left the court a
broken hearted and ruined man. (See report of Francis Allan, Esq.) Mr.
Allan had done everything that legal ingenuity and a consciousness of
right could suggest, but it was of no avail. Duncan McNab was too poor
to go into Chancery. He had no means to bring it there. The people of
the township had already subscribed liberally to assist him. They were
poor themselves, and they could not do more. He resolved to await the
issue. The Chief having gained the victory, did not wish to push things
to extremities.--He could not enter up judgment and issue a _Hab. Fae.
Pos._ at any time. To do so now, would seriously implicate him with the
Government. His affairs were on a ticklish footing. He himself stood in
a critical position, and to drive McNab (Isla) out of the place at the
present juncture would so embarrass his schemes as to defeat them
altogether. The Commission had reported against him, and recommended his
dismissal. To eject Duncan McNab would precipitate matters, and he would
lose far greater advantages, both in money and character, than ten such
lots were worth. His policy was therefore to keep matters in abeyance,
and he did so.
In October of this year, the Hon. Poulett Thompson (Lord Sydenham)
arrived in Canada, and took the whole control of the public affairs.
When his advent was announced, and a month before he set foot in Canada,
a new arrangement had been made between McNab and Sir George Arthur's
Government. The Chief dreaded the arrival of Lord Sydenham. Fearing he
would be deprived of the township and receive nothing; apprehensive
that the timber duties he had received and the rents he had taken from
his followers would be set off against him for any claims to grants he
might have; he made an application through his friends, Attorney-General
Hagerman and the Hon. H. Sherwood, to give up all his claims against the
settlers, and give the 5,000 for L9,000.--The Executive Council was
called together. Sir George Arthur thought L2,000 was quite sufficient.
At length, after a long and animated discussion, it was resolved to
offer the Chief L4,000, and take the township off his hands, with the
exception of the lots already deeded to him. The Chief accepted the
proposal, and on the 27th Sept., 1839, the final Order-in-Council was
passed to that effect. The Gordian Knot was cut. The attempted feudal
tyranny was prevented. The details were yet to be arranged, and until
these were satisfactorily settled, McNab was to have the same control
over the township, as usual; but he was to exact no more rent. To close
the matter, McNab that day was paid L1,000 by the Receiver-General, as
the first instalment of the settlement of his claims.
CHAPTER XIV. (1840).
THE GREAT STRUGGLE--FINAL TRIUMPH OF THE SETTLERS--IMPRISONMENT OF
DUNCAN CAMPBELL.
A vague rumor had reached the people at the commencement of this year
that a new arrangement had been entered into between the Chief and the
Government, but of its nature and tendency they were kept in entire
ignorance. It is true that the Chief came down from Toronto, and
informed some of his toadies, so that the intelligence might spread
through McNab that he had sold the township, and that all the settlers
were to be turned off their lands, and set adrift with their families.
But any news springing from that quarter was disbelieved, for they knew
that Lord Durham's special commission had reported against the Chief,
and in their favor; and they also were aware that a more sweepingly
radical reformer than his lordship was appointed Governor-General. The
Chief still claimed the timber of the township, under the Bond Head
patent. That had not as yet been given up. He gave licenses as usual to
cut timber. Not only on the unlocated lots had he done so, but he had
given liberty to Mr. Michael Roddy to cut timber on the lands of some of
his settlers, principally upon those of Mr. Robertson, Daniel McIntyre
(Paisley), and John Stewart. Roddy proceeded to the work of cutting down
the trees. The parties came to the writer, and at once acted on his
advice. They forbade Roddy to trespass on their lands. Roddy told them
he was indemnified by the Chief, and he would go on in defiance of all
they could do. Mr. D. C. McNab and Mr. Daniel McIntyre went immediately
to Perth, and commenced suits in the Queen's Bench against Roddy, on the
part of the three, for trespass. The three writs were simultaneously
served upon Roddy. He immediately hastened to the Chief. McNab laughed
him out of his fears, and scornfully exclaimed "When did any of the
scoundrels prevail against me?" Although ostensibly carrying matters
with a high hand and a proud bearing, the Laird was inwardly uneasy. He
sent for Robert Robertson, because he was pretty well-to-do, and could
carry the matter into court; and settled with him by paying the whole
amount of his claims and the costs. He imagined that Mr. McIntyre and
Stewart could proceed no further. Little did he foresee the
consequences. "We will become the assailants; we have acted too long on
the defensive," exclaimed Mr. D. C. McNab, who then about nineteen years
of age, threw all his youthful energies into the struggle. Both suits
were carried into court, and in both verdicts were rendered for the
plaintiffs. Poor Mr. Roddy was the sufferer. McNab never paid him a
single farthing of the damages. Although he had paid the duties to the
Chief, and he, by word only, had indemnified him, not one farthing of
the duties was returned, not one penny of the costs paid. Mr. Roddy was
nearly ruined. His misplaced confidence in McNab had led him on. He
regarded not the wrongs of the settlers--McNab's word was his _AEgis_,
and it proved but a sorry protection. To the settlers this proved a
great triumph. The Laird could be vanquished. The awe of his
invulnerability was dispelled. The charm was broken. Onward was the
word. Fresh attacks were planned. New methods of assailing their
opponents were prepared and successfully executed. It was a beautiful
morning early in June. The day was balmy and mild. The lovely songsters
of the grove warbled forth their notes of delicious music in joyful
harmony. From all parts of the township horsemen and pedestrians were
wending their way to one particular spot. This was the residence of Mr.
Allan Stewart, in the very centre of the township, about a quarter of a
mile distant from where the Town Hall now stands. It was then a romantic
and sequestered spot, attractive by its lonely beauty. The stumps had
nearly all decayed through age. A large barn in the midst of a level
green pasture was the place of rendezvous. It was surrounded on all
sides by the forest. The towering pine overtopping its less exalted
fellows, in the dark sombre green of the Canadian livery of the woods,
added a picturesque charm to the scene. At the foot of this plateau
rolled the never-ceasing Madawaska, on its way to the ocean. The sullen
roar of the surging billows of the Long Rapids was distinctly audible as
they lashed the sides of its banks, and poured in continuous swells over
the rocks and shoals that partially impeded its irresistible progress.
The Piper of the Township and of the people, Murdock McDonald, was
there betimes, and the loud swelling notes of the martial music of "Auld
Gaul" calling the people together in the _pibroch_ of the "Gathering of
the Clans," were heard for miles reverberating through the woods, and
echoed and re-echoed by the rocky ridges of the mountain heights
surrounding the deep sunk Madawaska. All the settlers of the township
were there assembled on that momentous day, with the exception of the
Chief's Cabinet-Council of _Five_ (Anderson, Fisher, McCallum, Roddy and
McDonnell). They believed in the Chief. They saw no grounds for the
discontent of the settlers. They looked upon the people as disloyal and
ungrateful. The Chief had been to the cabal all that was generous and
noble. From him they had received favors in lavish abundance. To them he
was a faithful friend and steadfast ally. Grants of land he had given to
them with no sparing hand.
These henchmen of the Chief had no cause of complaint--no grievance to
lay at the foot of the Throne; and they truly believed that the
grievances of the people were exaggerated or imaginary. The old, the
middle-aged and the young--those who had hitherto kept aloof from fear
or from interest--joined in that day's assembly. The venerable Donald
McNaughton--the oldest settler in the township--was called to the chair.
There he sat in all the glory of hoary old age, mildly tempered by the
pious feelings of pure Christianity. His thin silver locks adorned a
brow of no mean intelligence. His presence was august and serene. Virtue
sat enthroned in noble and august benignity. Beside him the earthly
majesty of monarchs paled. His was the nobility of integrity--the
majesty of virtue. He had suffered and came out scathless. His deed he
had lately obtained. His passage money, with law expenses, was paid in
full. His share of Miller's bond was liquidated. His three stalwart sons
had made the forest subservient to the demands of law. By the
prostration of the king of the woods--the mighty pine--they had achieved
independence and freedom.
This was a momentous meeting--the most vitally great ever held in the
Township of McNab. Two important questions had to be discussed: a fresh
appeal to the Government, and the distribution of the statute labor. In
March, the Chief and Mr. John Ritchie of Fitzroy had held a session as
magistrates, at the inn of Mr. Duncan Anderson, Burnstown, to apportion
the statute labor for the year. Due notice had been given to Mr. Peter
Campbell, the Town Clerk, to attend. All the pathmasters assembled, and
a large number of the settlers were there also. However, notwithstanding
the remonstrances of the Town Clerk and the people, they were ordered to
perform their labor on two roads--the Arnprior road, leading to Duncan
Anderson's; and those on the east side of the Madawaska, on a road from
the White Lake to Baker's mills, far away from their own roads. The
average distance from each settler's residence to where work was to
commence, in both cases was about eight miles. The meeting took this
case up first and resolved to send the writer and Mr. James Morris, jr.,
the present Sheriff of Renfrew, to Perth to attend the Quarter Sessions,
and lay their grievances before the bench of Magistrates; and Mr. Donald
Mohr McNaughton was to procure a sum of money, by subscription or
otherwise, to defray their expenses.
The next and most important matter was the state of the township. Mr.
Alexander McNab, one of the Laird's martyrs, had just arrived from the
west. He first addressed the meeting in a fiery speech, replete with
vengeance and vindictiveness, urging the people to take up arms, bring
him before the meeting at once, try him, and execute him on the spot. He
cited the case of Charles I. and Louis XVI as examples. Mr. John Forrest
then arose, and in a mild and sensible address urged upon the people to
use pacific measures, and try all constitutional means to obtain
redress. Mr. D. C. McNab and others followed in the same strain, and it
was finally resolved to send Mr. D. C. McNab as a special delegate to
Lord Sydenham at once, with a petition signed by all the settlers; that
a sum sufficient to defray expenses should be immediately subscribed and
paid; and that the delegate after returning from Perth should proceed to
Toronto. A sum of fifty dollars was collected on the spot, and more
promised, to carry out the views of the meeting. The writer drafted the
celebrated petition for the meeting, which is worded as follows:--
To the Right Honorable, His Excellency Charles Poulett Thompson,
Governor-General of British North America, etc., etc., etc.
The Humble Petition of the Settlers in the Township of McNab,
RESPECTFULLY SHEWETH:--
That your Petitioners approach Your Excellency with feelings of
loyalty to Her Majesty, our most gracious Queen, and with
sentiments of the utmost respect towards Your Excellency as Her
Majesty's representative.
That your Petitioners sincerely hope that the object of Your
Excellency's great mission to Canada may be speedily and
successfully accomplished.
That for the last fifteen years your Petitioners, as settlers under
the Laird of McNab, have been persecuted, harassed with law-suits,
threatened with deprivation of their lands, and subjected to
threats by the McNab, of being driven from their present locations
by the Government, for disobedience to the Chief.
That the said Chief has impoverished many families, and completely
ruined those of Alex. McNab, Peter and John McIntyre, whom he
brought out to Canada.
That there are now sixteen families still remaining in the township
whom his friends sent out to Canada as settlers under him, who are
willing to pay to the Chief any reasonable sum as passage-money,
that Your Excellency in Council may deem just to impose; but on the
other hand your Petitioners have hitherto resisted, and will
continue constitutionally to resist any attempts to impose the
feudal system of the Dark Ages upon Your Petitioners or their
descendants.
That whatever representations the McNab has made to the Government
about the expenditure of money for the improvement of the
Township, Your Petitioners beg leave to assure Your Excellency that
the said McNab has never expended a single shilling of his own
money for such a purpose on their behoof.
That Your Petitioners beg to assure Your Excellency that the Chief
has received since he first came to the Township about L30,000 from
the dues of timber cut on the Township, besides what he has
plundered off the lands of the settlers.
That he has received money from lumberers for passing rafts as made
in the Township of McNab, the timber of which was manufactured on
the Bonnechere and in Westmeath.
That Your Petitioners have sent Mr. D. C. McNab to Your Excellency
as their accredited delegate, who will fully explain to Your
Excellency the condition of the Township and the state of the
people, and give Your Excellency detailed information respecting
the rents the Chief has exacted from them and of every matter
connected with the Township of McNab.
That Your Petitioners therefore pray that Your Excellency will send
a special Commissioner to investigate the truth of this petition,
and be pleased to carry out the original Order in Council, which
made a FREE GRANT of the lands of the township to those settlers
who had come out at their own expense, and also to grant their
patents to the first settlers upon paying a reasonable amount for
their passage money, and not the exorbitant sum charged by the
Laird. And by acceding to Your Petitioners' respectful requests,
Your Excellency will do an act of justice as great and noble as it
is imperatively necessary.
Dated 3rd June, 1840.
{ANGUS McNAB,
(Signed) {DONALD McNAUGHTON, Sr.
{JOHN FORREST,
And 130 others.
Township of McNab, 4th June, 1840.
T. A. Murdoch,
Private Secretary.
Sir, I herewith enclose, to be presented
to His Excellency the Governor-General, the petition of the
inhabitants of the Township of McNab. I have taken the liberty to
forward it by mail, as the Laird of McNab is quite unscrupulous as to
the means he may adopt to frustrate the end in view, and prevent a
personal interview with His Excellency.
I beg leave also to request that His Excellency will appoint a time
for an interview, so that I may have the honor of laying the
grievances of the settlers of McNab personally before His
Excellency, with such documents and paper as may substantiate the
allegations made in their petition.
I have the honor to be, etc.,
DUGALD CAMPBELL McNAB.
[COPY.]
{ Government House,
{ Toronto, 11th Jun 1840.
SIR,--I have the honor to acknowledge the receipt of your letter
enclosing the petition of the settlers in the Township of McNab,
complaining of the conduct of the McNab, and in reply beg to state
that I have laid it before His Excellency, the Governor-General.
I am commanded by His Excellency to state that free access to His
Excellency is permitted by any of Her Majesty's subjects at all
times upon public matters; and that no private individual has the
right to interfere with, or prevent the exercise of this privilege.
I am further directed to state that the memorial and complaint of
the McNab settlers will receive His Excellency's immediate
consideration, and that in the meantime it has been referred to the
Lieut.-Governor and Executive Council of Upper Canada.
I am, Sir, etc.,
(Signed), T. A. MURDOCH.
D. Campbell McNab, Esq.,
Township of McNab,
Bathurst District.
CHAPTER XV. (1840.)
MISSION TO PERTH--THE LAIRD PRESENTED AS A PUBLIC NUISANCE--MR. FRANCIS
ALLAN SENT TO INVESTIGATE GRIEVANCES.
The week after the great meeting described in the foregoing chapter, Mr.
James Morris and the writer proceeded to Perth, to attend the Quarter
Sessions, with the people's petition respecting the Statute Labor. The
Court opened in due form.--There sat the Hon. William Morris, as
Chairman, the apparent impersonification of stern integrity. On his
right was seated Capt. Joshua Adams and Mr. John McIntyre, of Dalhousie;
and on his left was supported by the half-pay military magnates of
Perth.--The petition was presented through the Clerk of the Peace, Mr.
Berford, to the Chairman. Its prayer was strongly advocated by the
writer and by Mr. T. M. Radenhurst. It was useless. The Hon. Chairman
and the magisterial wiseacres who surrounded him scouted the idea of
yielding to the settlers' wishes. "We have appointed two of our number
to apportion the statute-labor, and that appropriation must be final."
Only one gentleman advocated the prayer of the petition, and worked
long and strenuously for its adoption, and that gentleman was Mr.
McIntyre, of Dalhousie. It was futile. It was out-voted, and the
petition was thrown under the table. Not satisfied with the decision of
the Bench, the writer and Mr. Morris went before the Grand Jury, and
laid the case before them. That popular body, feeling for the settlers,
at once perceiving the justice of their claims, brought in the following
Presentment:--
[COPY.]
The Grand Jurors of Our Lady the Queen on their oaths present. That
having fully investigated the complaints of the inhabitants of the
Township of McNab, they on their oaths say, that Archibald McNab of
McNab and John Richey, of Fitzroy, Esqs., have not apportioned the
statute-labor of the township of McNab for the present year
equitably or according to justice; that the said Archibald McNab
has acted tyrannically and oppressively, and is a nuisance to the
public at large, and especially to the people of McNab; and they
recommend that the statute-labor be laid out according to the
wishes of the settlers of McNab, as represented by the Pathmasters
of the said Township.
(Signed), JOHN KING,
_Foreman_.
When this Presentment was read by Mr. Berford, the Chairman, Morris,
turned almost purple with rage. Even his immobile features were moved.
The cast-iron lineaments gave way to anger at the presumption of two
young men questioning the decision of that august Court, and at the
temerity of a Grand Jury for making such a Presentment. "File that away,
Mr. Berford," exclaimed the Chairman; "but take no action upon it. The
Bench will not interfere with action of magistrates out of session."
The writer and Mr. Morris finding they could get no further
satisfaction, and having done all that it was possible for men to do
under the circumstances, returned home and met the settlers, to whom
they related all that occurred. A bright idea struck the writer.--A law
had passed the Legislature of Upper Canada appointing Town-Wardens for
each township. Among their other duties, they had the power of commuting
each ratepayer's statute-labor for five years. It was resolved instantly
to take advantage of this clause of the Act.--The writer pointed it out,
and advised this mode of procedure; and it was at once put into
execution. The three Wardens, with the writer, proceeded through the
whole Township, and gave written contracts and commutations to all the
settlers for four years. McNab was foiled. The arbitrary conduct of the
military magistrates and the fossil-Tory abettors was set at naught.
They were ridiculed and mocked at. The law had rendered their power for
evil nugatory and void. The people of McNab that year performed their
labor on their own concessions and side-lines. The Chief was incensed;
the magistrates were furious. They wrote a letter, embodying the whole
facts of the case, to the Hon. W. H. Draper, then Attorney-General. The
reply they received was that the Wardens and the people had acted
strictly in accordance with the law. The benchers of the Solomon's
Temple at Perth, had to "grin and bear it." Their oppressive dicta and
autocratic propaganda were treated with contempt. Two mere youths had
circumvented the legal and military sagacity of the sages of Perth.
Their maxim was to keep down the people, to trample intelligence under
foot, to protract the reign of semi-military despotism, to extend the
influence of the Family Compact, and to crush anyone who dared to
advocate the rights of the people; but Canada was on the eve of a
bloodless revolution which in less than two years would deprive the
magistrates of all municipal power, and leave the management of local
affairs in the hands of the people alone.--Their support of the Chief
was carrying out and extending the principle of ultraism, and at its
shrine they were prepared to sacrifice truth, justice, integrity and
honor.
This was the year of the great battle, and it was a year of signal
triumph to the settlers. Threats were made of indicting the leaders for
conspiracy. Threats could not now intimidate, or stay their proceedings.
To indict a whole community was preposterous. Yet, incredible as it may
appear, the attempt was made. The Chief went before the Grand Jury at
the Fall Assizes, preferring a charge against fifty of the settlers. The
Grand Inquest took no notice whatever of the accusation.