CHAPTER XII.

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.

The Last Laird of MacNab An Episode in the Settlement of MacNab Township, Upper Canada · 第 11 / 12 章