Stewart and Mr. John Campbell (blacksmith). The scheme had been
conceived two years before, but it was only now that McNab endeavored to
complete it. To keep his own grant of 5,000 acres, or its equivalent in
cash value unimpaired, he, in the spring of 1838, surreptitiously
obtained a patent for Lot No. 13 in the 7th concession of McNab, the lot
upon which Donald Stewart (the father of Allan Stewart) and John
Campbell were located, in the name of "Archibald McNab, a settler under
McNab of McNab," in all confidence imagining that he could easily obtain
a transfer from any of the Archibald McNabs then residing in the
township. There were two of that name from Isla--very illiterate and
simple-minded men--old Archibald and his son Archibald McNab, Jr. Having
procured the patent on the representation that they had fulfilled their
terms of settlement, and had paid them up in full, he, in 1840, procured
a conveyance to himself to be drafted, and proceeded to their residence.
He represented to the old man that the patent had issued by mistake, and
wished either of them to execute the conveyance to him. The old man
having been warned beforehand absolutely refused to do anything of the
kind. The son was equally obdurate. The Chief could not get the patent
cancelled without going into Chancery and falsifying all the
representations he had made to the Government respecting the lot. He was
in a dilemma. So the matter stood. Mr. D. C. McNab having heard of the
attempt, strongly advised Archibald McNab to execute a conveyance to
Donald Stewart. If it was legal for him to convey the lot to the Chief,
it was equally legal to transfer it to any other person. The honest old
man at once yielded to the claims of justice. He was saving two men from
further persecution, and effectually frustrating the inimical designs of
the Chief. The conveyance to Stewart and Campbell was executed and
registered before the Chief knew anything of the transaction. He only
discovered it some months afterwards, when he heard that both Stewart
and Campbell had voted at the election of March, 1841, the first
election under the "Union Act." Then his fury knew no bounds. He
consulted his legal adviser. The courts of common law could give him no
redress. He petitioned the Government to cancel the patent, as it had
been issued in a mistake. He was met by his own report when the patent
was applied for. "How could it have been a mistake," exclaimed Lord
Sydenham, "when the McNab himself states in his written application to
Sir Francis Head in Council--'Archibald McNab, a worthy old settler, has
performed all the settlement duties upon lot No. 13, in 7th concession,
and has paid me up in full all the outlay in bringing him to this
country--therefore I apply for his patent, and enclose the fee for it.'
The patent must stand." Some years afterwards, the Chief got the Hon. J.
H. Cameron to bring an action of Ejectment against Allan Stewart and
Campbell, on the grounds of a mistake in the deed; but the conveyance
was held to be good, and the case was laughed out of court, and the
parties, Mr. Stewart and Mr. John Campbell are still in possession, and
own the property. Thus his weapons of vengeance were turned against the
Laird, and what he meant for evil and injury turned out for the benefit
and advantage of the locatees. In August, 1840, Lord Sydenham as before
stated, sent the late Francis Allan, Esq., of Perth, an impartial and
upright man, as special commissioner to investigate all matters
connected with the township of McNab. Mr. Allan was, before he undertook
the mission, being a strong Conservative, rather biased against the
settlers than otherwise, and favorable to the Chief; but when he
discovered upon personal inspection how matters stood; when after a
month's diligent enquiry from settler to settler, and upon the
examination of both oral and documentary evidence, ascertained the real
state of affairs, his strong integrity of soul, throwing aside all
foregoing conclusions, all political bias, all hearsay reports, gave
birth to that celebrated report already published which broke the chains
of the settlers, and emancipated them from the trammels of feudalism
forever. The lands of the settlers were valued at their real worth, and
a price fixed on each lot, in the event of their being sold to the
people. They had strong hopes that the Government would carry out the
original grant in all its integrity, as recommended by Lord Durham's
committee.--Their hopes were elevated into bright anticipations for the
future, on the advent of a special commissioner; but it was not for two
years afterwards they knew the result of the investigation, or the
decision of the Executive.
CHAPTER XVI. (1840.)
THE CHIEF'S REPLY--PERSECUTION OF MR. PARIS--THE LIBEL SUIT AGAINST MR.
HINCKS.
A copy of Mr. Allan's report was sent to the Laird by the order of Lord
Sydenham. He sent a characteristic mass of answers and explanations
which were manufactured for the purpose and had existence only in the
fertile imagination of the writer. That they were plausible, any person
who has carefully perused the reply in a preceding chapter must at once
admit.--But many of the charges were left unanswered, some slightly
glanced at, others entirely passed over, and some of the graver charges
he attempted to extenuate. Lots of land either sold or given away to his
friends, or for private reasons not suited now to publish, were set down
as grants for carpenter-shops, school institutions, ferries, blacksmith
shops. Donald Fisher, to whom one of these grants were made or sold, was
a tailor and knew about as much about carpentering as the writer does
about the literary institutions of Timbuctoo. Again, John McCallum
received his lot, according to the Chief, for "erecting a school
establishment," and his acquaintance with erudition was of such a
profound nature that he could scarcely spell his own name properly. It
is true the people of Goshen built a school-house on another lot about a
half a mile from his house. This suggested the scholastic idea to McNab,
and he improvised it for the purpose.--David Bremner is stated to have
received his land for a "blacksmith establishment." Mr. Alex. McDonald
for "putting up an inn," and McNab himself a lot bounded by the very
centre of the roughest rapids of the Madawaska (the Flat Rapid), when in
fact Bremner's lot was sold to him by McNab for clearing 40 acres of
land at the Chief's White Lake farm, McDonell's for hard cash, and Mr.
Roddy's for a similar consideration. These representations might serve a
temporary purpose and hoodwink the authorities at a distance, but Lord
Sydenham was not so verdant as the Chief imagined, as his remarks were
treated as mere _gasconade_. Mr. Allan's truthful report was made the
basis of the future operations of the Government, and was their guide in
dealing with the settlers. McNab's aim in making his remarks upon the
report was to preserve his L4,000, and to induce the Executive not to
curtail it in the slightest. There is one case narrated by both parties
of peculiar hardship, and the Government of the present day, late as it
is, should make the necessary restitution. Donald McIntyre had paid
upwards of L100 to the Chief for his passage money. McNab gave him a
bond for his deed. The bond and receipts were placed in Mr. Allan's
hands. They were by some unaccountable accident mislaid, and Mr.
McIntyre had a second time to pay for his land (a lot of 100 acres) the
sum of $50 and was never remunerated for his loss. We will now dismiss
the subject of the report and reply. While the former was all that
truth, facts and justice could sustain, the latter was a tissue of wild
inventions, fabricated for the occasion, and had as much real existence
as the "slate quarries"--mineral productions never heard of before until
their locality was fixed in the Chief's bouncing remarks. Slate is not
to be found anywhere in the township, and the whole tenor of the reply
may be judged from this one assertion. All the inhabitants know that
there is no slate in McNab, and when they read the Chief's remarks they
cannot refrain from sending forth ejaculations of astonishment and
surprise. The Chief had completed his saw mill, and had erected it and a
portion of his dam on the 4th concession line, in the very place where
the main road to Renfrew and Pakenham now passes. No one could yet
define his object for fixing it in that particular locality. There were
plenty of mill-sites on Waba-Brook without interfering with the public
highway; but this did not suit his purpose, and he appropriated the
public road and made another way round it, which his convenient friend,
Manny Nowlan, surveyed. About the time of its completion, Mr. John
Paris, a young man from Ramsay, located in the township. He had been
invited thither by Mr. Duncan McLachlin and a number of the settlers, to
erect a grist-mill. The settlers had to travel to Pakenham or to Horton
to get their wheat to mill. The Arnprior mill was in ruins, and there
was not a single grist-mill in McNab. The inconvenience of the settlers
was in this respect very great. Many had to travel between sixteen and
seventeen miles to procure flour for their families. At length Mr.
McLachlin induced Mr. Paris to select a site on a clergy-lot near the
Lake, over which the Chief had no control. Mr. Paris set to work
energetically, and notwithstanding every discouragement and opposition
on the part of the Chief, had the mill in operation by the fall. McNab
had leased his saw-mill, and he forbade his tenant to sell any boards or
planks to Mr. Paris; yet, notwithstanding these obstacles the mill was
built, and this great boon was finally afforded to them by the exertions
of Mr. Paris. The Chief's enmity did not end here. As soon as the winter
had finally set in, he caused fresh planks to be nailed on the dam, so
as to prevent the lower mills from getting any water. Fortunately for
the country that year the water was high in White Lake and a sufficiency
flowed over the dam to drive the grist-mill. The Chief did not stop at
this. His persistence in endeavoring to ruin Mr. Paris are the events of
a subsequent period; and the persecution on one side, and the resistance
on the other culminated in a lawsuit, which will be rendered in its
proper place.
The settlers in August of this year drew up a narrative of their
sufferings, and the hardships and injustice they had endured under the
Chief. It was prepared by Mr. D. C. McNab, and forwarded to Mr. Hincks
for publication in the _Examiner_, at Toronto. Mr. Hincks, with all the
ardor of a warm Reformer, not only published it, but called public
attention to the township of McNab and its grievances in a series of
well-written editorials. He entered into the question with commendable
zeal and warm-hearted enthusiasm. These articles exposed the whole
management of the affairs of McNab at the very seat of Government.
Simultaneously with Mr. Allan's report, it struck the Chief's moral
standing as the battle axe of a puissant knight would fell his mailed
antagonist, crashing through shield and helmet and prostrating the foe.
The Chief now trembled for his position. It is true he had received
L1,000, but L3,000 were remaining in the background. The damaging
articles in the _Examiner_, were opening the eyes of the Government as
well as the people. Even the Family Compact were amazed that such things
were permitted under their regime. They hitherto were
indifferent--careless of the poor settlers' interests. These searching
and vigorous attacks roused them to action. So long the aggressors on
popular rights, they were now put on the defensive. No longer able to
oppress or to dominate over their fellows, they were now compelled to
defend their own acts, which in law and justice and morality were in
themselves indefensible.
McNab resorted to his usual weapons. He commenced, by the Hon. H.
Sherwood, one of the principal members of the oligarchy that had for
years ruled Canada, an action for libel against Mr. Francis Hincks, the
editor of the _Examiner_. If the articles before the commencement of the
action were severe, those published afterwards were doubly so. The
Chief's private and domestic life was attacked with no sparing hand. The
settlers backed up Mr. Hincks, and the trial was fixed for April, 1841.
Mr. Hincks justified the alleged libel; there were eight pleas of
justification placed upon the record, and everything was prepared for
bringing the issue to trial, when McNab, not being prepared,
countermanded notice, and the case was delayed till the Fall Assizes.
All improvements were now stopped in the township. The people were
awaiting the action of the Executive. Until their affairs were decided,
all systematic labor was paralyzed. The spirit of enterprise was
chilled, and the stupor and numbness of despair seem to be fast settling
over them. They had petitioned over and over again. Favorable replies
were transmitted. A commissioner was sent to investigate their
complaints. He had espoused their cause warmly; yet no definite decision
had been made. Lord Sydenham was absorbed in constitutional changes. The
union of Upper and Lower Canada was occupying all his attention, and
towards the close of this year (1840) he had effected his object. The
Union was proclaimed. The Chief pressed for a settlement of his claims.
The settlers urged for their final emancipation. At length in May, 1841,
they sent another petition, praying for a decision; and the reason of
the delay is fully explained in the following letter to Mr. Allan
Stewart:--
[COPY.]
SECRETARY'S OFFICE, KINGSTON,}
24th June, 1841. }
SIR,--I am commanded by the Governor General to acknowledge the
receipt of a petition signed by you on behalf of the inhabitants of
the township of McNab, praying for a decision on their petition of
June, 1840, preferring complaints against Mr. Archibald McNab, the
Township Agent.
In reply, I am to inform you that the petition alluded to was
referred, by command of Sir George Arthur, for the consideration of
the late Council of Upper Canada; but it appears that no decision
had been come to on the subject previously to the re-union of the
provinces. I have, however, been directed by His Excellency to
refer your present petition to the Hon., the Executive Council,
with a request that the matter may receive their early and
attentive consideration.
I have the honor to be, etc.,
(Signed) S. B. HARRISON.
ALLAN STEWART, Esq., }
Township of McNab. }
CHAPTER XVII.
FINAL DECISION OF THE GOVERNMENT--BURNING OF DUNCAN M'NAB'S (ISLA)
HOUSE, BARN, AND PROVISIONS--WATER STOPPED ON MR. JOHN PARIS.
In August the long suspense was ended. The Government had decided. The
settlers were free. Mr. Allan's report was adopted, and made the basis
of Executive action. An Order-in-Council was passed that McNab should
immediately give up to the Government all undelivered patents he had
drawn up for any of the settlers, and his patent for the timber--that
the settlers were to receive their lands at the valuation put on them by
Mr. Allan, which they were to pay to the Crown Lands Department in four
annual instalments--that all labor they had performed for McNab, and all
rents they had paid to him were to be deducted from these payments, and
all these to be withheld from the money payable to the Chief, as fixed
by the Order-in-Council of September, 1839. Thus McNab's L4,000 was
reduced to L2,500, of which he had already received L1,000. Many of the
settlers had paid by these means for their lands in full. McNab's
receipts for rent were accepted as payment. They now flocked in with
their first instalments. Mr. Duncan McLachlin and Mr. Donald Mohr
McNaughton were the first two who commenced the joyful expenditure. They
were no longer feudal serfs. The lands were their own in perpetuity. No
landlord could now lord it over them with arbitrary haughtiness. No
Highland Chieftain, his heirs, or successors, could claim their
allegiance, or call them "my tenants." They felt they were free--that in
four years no one could put a trespasser's foot on their soil. An
universal jubilee pervaded the whole township. The leaders of the
movement, Mr. Allan Stewart, Donald McIntyre, Mr. McNab, and others,
were feted to their heart's content. Fresh energies were infused into
their labors. The clearances began to increase, and new inroads were
made in the forest. Fresh settlers came; New Glasgow and Lochwinnoch
were occupied, and all the arable lands taken up. The people had,
single-handed and unaided, achieved the victory.--Looked down upon by
the neighboring townships as rebels, as ungrateful malcontents and as a
discontented rabble, from them they received neither advice nor
assistance. All the magnates of Perth beheld them with a holy horror,
and did all that lay within the scope of their feeble efforts to oppose
them--all but Mr. Hincks and Mr. Malcolm Cameron.--They stood true, but
the battle was fought and the victory achieved before these gentlemen
came into the field. The spirit of their ancestors--that same British
pluck that obtained the Magna Charta, swept away the throne of the
Charles's, obtained the Bill of Rights, enthroned William III. and
established popular and constitutional government in the old
country--animated the settlers in McNab to struggle even against hope,
to battle for their rights--and amid poverty, persecution, and
imprisonment, win one of the greatest moral victories ever recorded in
the historic annals of Canada, or of any other country. They were
essentially alone in all these struggles--their triumph was the more
glorious, their victory more satisfactory and praiseworthy.
Deprived of his township, stripped of his power, the Chief would not
forego his revenge. Now that everything had been arranged, a spirit of
reconciliation might have supervened and he could have settled down and
still lived happily among the people. But no; he still had some power
over one or two individuals. The dying struggles of the leviathan of the
deep are attended with the greatest peril. The "flurry" of the whale in
its expiring agonies, is most dreaded by its captors. So it was with the
Laird. The Judgment in Ejectment against Duncan McNab (Isla) was held in
abeyance. Now that the decision of the Government was given, and that,
too, hostile and prejudicial to the Chief's interests, which no cajolery
could alter, and no persuasion overcome, there was nothing to gain in
withholding its execution. The writ of possession was in August placed
in the hands of the Sheriff, and his deputy, accompanied by the Chief
and a creature of the name of Lipsy, proceeded to put it into force.
They accordingly proceeded to the premises. Mrs. McNab and the children
were in the house; her husband and Mr. James McKay were in the bush at
the time chopping for potash. The Deputy-Sheriff proceeded to his duty;
took everything out of the house, turned the family out of doors, gave
the Chief possession, and immediately went away. The Chief ordered Lipsy
to draw everything to the concession line. Forcibly he dragged Mrs.
McNab thither. Then ordering Lipsy to set fire to the shanty, he himself
applied the burning brand to the barn and outhouses. Mrs. McNab saw the
smoke rising. She missed two of her children. With frantic shrieks she
rushed up to the burning buildings, called her children by name, and
almost in despair ran into the burning barn. There, under the straw,
frightened at what was taking place, the two children had concealed
themselves. To drag them out from amidst the flames was the work of a
moment; and had the mother been a few minutes later, two helpless
infants would have perished in the flames, and been the martyred victims
of revenge and malevolence. When Mr. James McKay and Duncan McNab saw
the flames rising they hurried to the spot, and found the buildings in
ruins and the family of the latter on the concession line, in all the
misery of despair. Prompt measures were taken to remedy the evil. For
the present the ejected ones took refuge in Mr. McKay's house, about
half-a-mile distant. Together with all his summer's provisions and a
barrel of pork, a number of Duncan Isla's agricultural implements were
consumed in the flames.
This outrage filled the township and all the neighborhood with horror
and dismay. A feeling was fast being discussed among the people that the
Laird should be lynched. Mr. James McKay, a leading member of the
church--a pious and good man, and a warm-hearted neighbor and
friend--when he saw the house and barn in flames, exclaimed, "What a
pity it is the good old times would not come back again, and a bullet
would soon reach him for the deed!"
The people got up a subscription, turned out and put up a shanty on
another lot, and rendered the family as comfortable as circumstances
would permit. James McKay, Mrs. McKay, Duncan McNab, and the writer, two
days after the perpetration of the outrage, proceeded to the residence
of Mr. Alexander McVicar, the nearest magistrate, and laid the
information necessary to commence criminal proceedings against the
Chief. Squire McVicar immediately issued his warrant. The Laird was
arrested and brought to Pakenham village. All the witnesses for the
prosecution were present; Squires Richey, Scott and McVicar took their
seats on the bench, and without hearing a witness, or entering into the
case at all, dismissed the case, and referred the parties to Perth--to
the Assizes. Mr. McVicar did all that he could to get the examination
proceeded with, and the Chief committed for trial, but it was useless.
The Chief's partizans were on the bench, and they out-voted him, and
referred the matter to the Crown officer. Duncan McNab (Isla) and his
friends had not the means to go to Perth, or proceed further with the
prosecution; and thus the matter rested, and one of the most daring and
atrocious crimes in the category of criminal jurisprudence was allowed
to pass over with impunity, and the perpetrators to stalk abroad in the
land unwhipt of justice. Besides losing his land and provisions, Duncan
McNab nearly lost two of his children; and he never received any
compensation from the Government, or from the legal tribunals of the
law. He was poor, and poverty could be outraged and trampled upon
without redress, and scarcely a single remonstrance.
In the fall of this year (1841), a number of witnesses were summoned to
Toronto to give evidence on the part of the defence in the celebrated
McNab and Hincks libel suit. They were Duncan Campbell, an old soldier,
aged 75, who had two years before been imprisoned by the Chief for rent,
Donald Mohr McNaughton, Daniel McIntyre, Alex. McNab, the Chief's first
incarcerated victim, Andrew Taylor, and Dugald McNab. These parties
arrived at Toronto on the second day of the Fall Assizes, remained in
the City three days, when, on an affidavit and on payment of the costs
of the day, the Laird procured a postponement of the trial till the
spring. His object was to weary out the defence. He dreaded an exposure.
An adjournment of six months might be attended with more favorable
results. The witnesses then assembled to prove all the oppressions and
exactions of McNab might not again appear. They were now present; but
the distance was so great and the travelling communications so difficult
of access that they might be deterred from again appearing. It was also
questionable whether Mr. Hincks could afford the expense of bringing
them to court again. On the whole the putting off the trial was
advantageous to McNab and postponed the exposure he dreaded, and the
domestic criminality involved, which would overwhelm him with shame and
degrade him even in the estimation of his friends the "Family Compact."
He had still hopes that they would be reinstated in power, and if so, he
would reap some of the benefits of the restoration.
In the fall of 1841 and the winter of 1842, the water in White Lake was
very low. The Chief caused fresh planks to be nailed on his dam and
raised it to such a height as to keep the water entirely from getting
out. Mr. Paris was the object of his vengeance, and through him he could
punish his refractory and victorious settlers. For seven months Mr.
Paris could not get a drop of water to grind the grists that were daily
brought to him. At last the inhabitants had to remove their wheat and
proceed to Pakenham to get their work done. During the whole of the
winter this was the case. The Chief was remonstrated with without
effect. Some of McNab's particular friends went to him and besought him
to let the water go, but it was useless.
Mr. Paris even offered a sum of money for the water, but his answer was,
"Go to Duncan McLachlin, he may get you water." In this oppressive
transaction he had a willing coadjutor in the person of William Yuill, a
lumberer at the time, but since he became a federal soldier and perished
in the late American civil war. Yuill in the spring of 1842 pretended to
lease the dam from the Chief, for the purpose, as he alleged, of getting
out his timber, but would not open a sluice or let a drop of water out,
and it was not till the end of April when the dam was opened, and when
the grinding season was passed, that Mr. Paris could procure any water.
Had Mr. Paris then appealed to the courts he would have obtained ample
redress, but he was loath to go to law. He hated litigation and resolved
to wait another season before he would take any steps, in order to see
if a recurrence of the vexatious stoppage would again take place. Some
of Mr. Paris's friends, among whom was the writer, advised him to
proceed at once and prevent such an act of unmeaning and malicious
injury to the public as well as individuals from again being practiced;
but that gentleman, deeming that there was as much courage evinced in
quietly enduring wrong for a season than in at once resenting it,
resolved to wait and see, a course, which however prudent in some
respects was attended, in so far as Mr. Paris was concerned, as we shall
hereafter see, with further vexation and more loss, damage and expense,
than he could well afford, and which took a steady and possessing course
of industry for years afterwards to make up.
CHAPTER XVIII.
THE M'NAB AND HINCKS TRIAL--1842--SECOND PERSECUTION OF MR. JOHN PARIS.
The Provinces had been united. A new Parliament had been convened. In
September of the former year Lord Sydenham had been thrown off his horse
and died in consequence of his fall. He was succeeded by Sir Charles
Bagot. The union had scarcely been inaugurated, when the mighty genius
that had perfected its consummation had been called away by a fiat that
there is no resisting. The seat of Government was removed to Kingston.
The celebrated resolutions establishing "Responsible Government,"
introduced into the House by the late Hon. S. B. Harrison, were now the
law of the land. The irresponsibility of the Executive was no more.
Municipal Institutions were accorded to the people, and in the
commencement of the year the first District Councillors were elected.
Each township sent one representative to the District Council. It
controlled the statute labors, district treasury, and the several
municipal officers required by the Act. It also had under its direction
the educational affairs of the District. Mr. James Morris, Sr., was the
first District Councillor elected for McNab, and Mr. David Airth for
Horton; the townships in the rear were being surveyed and had not yet
been organized into municipalities. A new county was formed in the
Ottawa from Pakenham upwards, called the County of Renfrew and for
electoral purposes was attached to the County of Lanark. The Hon. M.
Cameron was the first member for Lanark and Renfrew under the Union Act.
He defeated Mr. John Powell, the then Sheriff of the Bathurst District,
by a large majority. Such was the social and political condition of the
people in the spring of 1842, when the tocsin of war again sounded. The
Chief had determined to press on his libel suit. The roads were in an
execrable condition. Access to Toronto was almost an impossibility.
Navigation had not yet opened, and he imagined that none of the settlers
could be induced to go to Toronto, and if they started they could not
reach their destination in time. Only eight days' _notice of trial_ had
been given, and it was only three days before the opening of the
Assizes that the subpoenas for the witnesses reached the writer. He
immediately filed them all. The following witnesses were
summoned:--Messrs. W. R. Bereford, Francis Allan, John Robertson, Daniel
McIntyre (Dancie), Alex. McNab (the martyr), Duncan McNab, (Paisley), D.
C. McNab, Peter Campbell (Dochart), and Andrew Dickson, Esq., of
Pakenham. They reached Toronto in safety and in good time. Two days
after their arrival the case was called. Mr. Justice McLean held the
Assizes, and the evening before the eventful day in April the Judges had
a consultation among themselves which of them would try the case. Judge
McLean was loath to do so. He was a Highlander and was on intimate terms
with the Chief, and felt delicate on the subject. Mr. Justice Macaulay
was away on circuit. Chief Justice Robinson declined to have anything to
do with it. In fact the Judges were more or less afraid of Mr. Hincks
and the terrible _Examiner_. At length Mr. Justice Jonas Jones
exclaimed, "I'll try the case, I'm not afraid of Hincks or any of the
radical crew." Accordingly he took his seat on the bench and a special
jury was empanelled. A brilliant array of talent was engaged on both
sides. On part of the plaintiff appeared Attorney-General Draper,
Solicitor-General Sherwood and Mr. Crawford. On the side of defence were
ranged the Hon. Robert Baldwin, the Hon. Mr. Blake (late Chancellor),
and Mr. (afterwards Judge) Adam Wilson.
Mr. Henry Sherwood in a flowery and harum-scarum speech opened the case
for McNab, and as the publication of the alleged libel was admitted
called no witnesses.
The Hon. Robert Baldwin rose in reply and opened the case for the
defence in a speech of two hours duration. He detailed the wrongs of the
settlers and the exactions of the Chief in glowing terms, and was
extremely severe on the "Family Compact." The first witness called was
Mr. Francis Allan who proved everything that had been stated in his
report as published in a former chapter. Point by point of the pleas in
justification was sustained by evidence. That the Chief had exacted
rent--that he had represented the Township of McNab as his own private
property--that he had sold and received the value of the timber on the
settlers' lots--that he had used his people harshly and
oppressively--that he had imprisoned several of his leading and more
intelligent followers causelessly, or when a milder course would have
been attended with better or more advantageous results, both to himself
and his people--that he had harassed them with lawsuits--that his
private life was not in accordance with the strict principles of
domestic morality--that he had in procuring grants for a few favorites
made false representations to the Government in stating that they were
for school, carpenter, blacksmith and other establishments for the
benefit of the township--that he had attempted to get deeds of the
settlers' lands in his own name, by representing to the executive that
the locatees had died or absconded--that he had been presented by a
Grand Jury as a public nuisance--were all proved upon oath and clearly
sustained by unimpeachable evidence except the last point. Mr. Bereford,
Clerk of the Peace, had searched, but could not find the "presentment."
Secondary evidence was admitted, and an argument arose as to the exact
wording of the document, whether it was a legal presentment or not. The
court ruled this point to be obscure and left it to the jury. The
Attorney-General replied in an able and eloquent speech. The Judge then
charged the jury, leaning if anything towards the Chief. One remarkable
point in his charge is worthy of notice. He said, "The Chief could not
have stated that the Township was his own property, and even if he did
say so it was impossible the settlers could have believed him, because
in the location tickets he agreed to procure them patents from the
Crown. Now, if he had undertaken to give them transfer deeds, then there
might have been some grounds for such a belief." This was casuisty of
the most refined complexion. How could poor, ignorant, verdant emigrants
know the difference between a patent and a transfer deed? They took
everything the Chief said for granted, and implicitly believed all his
statements. Even the inhabitants of all the townships in the Bathurst
District firmly believed that the land was wholly McNab's. The Judge
concluded his charge, which many thought was far from being impartial.
The jury retired and after two hours' deliberation brought in a "verdict
for the plaintiff, L5 _damages_," stating at the same time that that
part of the justification respecting "public nuisance presentment" was
not clearly proved. This was a great triumph. The exposure was
overwhelming and disgraceful. The eyes of the whole Province were opened
to the wrongs of the settlers and the oppressions of McNab. His glory
had departed, his _prestige_ was gone. Although nominal damages were
given for the failure of substantiating an immaterial point in the
justification, the great and important charges in the alleged libel were
by an intelligent jury of the Metropolis of Upper Canada declared to be
true, and that the wrongs of the settlers were not imaginary but real.
This great trial for some time occupied the attention of the Canadian
and American press. It was commented upon in the leading journals of the
continent. The New York _Albion_, at that time a great stickler for
rampant toryism, had the following paragraph in its issue of May, 1842:
SMALL POTATOES.--"The McNab of McNab, a _quasi_ Canadian nobleman
and Highland Chieftain, obtained from a Toronto jury the sum of L5
for the loss of his character."
Such were the effects of the trial upon the public mind that Mr.
Hincks, who was then member for Oxford, was six weeks afterwards
gazetted as "Inspector-General," and he himself became a member of the
Executive. The Chief returned from Toronto quite jubilant. He called his
friends together, had a _symposium_ over the victory, impressed his few
adherents with the idea that he would be yet victorious, and that he
would still punish the leaders of the people who had emancipated them
from his thraldom. He made preparations for building a stone grist mill,
and in spite of all former warnings began to build it on the concession
line adjoining his saw mill. It reached to the height of one storey when
its further construction was stopped, as will be detailed in the
succeeding chapter. In the fall of this year he caused fresh boards and
planks to be nailed on the dam to prevent the water, which was very low,
from going over in order again to prevent Mr. Paris from grinding any
corn during the ensuing winter, and eventually drive him away
altogether. During the whole winter Mr. Paris's mill was inoperative for
the want of water. All remonstrances were in vain; McNab was inflexible.
Neither he nor Yuill would open a sluice. Mr. Paris suffered immense
loss, and the settlers were put to incalculable inconvenience and
expense. They were forced still to go to Pakenham with their grists.
CHAPTER XIX.
1843--TRIUMPH OF MR. PARIS--UTTER DISCOMFITURE OF THE CHIEF.
Driven almost to desperation, Mr. John Paris at length resolved to
institute legal proceedings for redress. To submit to this oppression
was criminal. To apply to the courts for protection would entail
enormous expense; but no alternative presented itself. Remonstrance had
been used repeatedly and ineffectually. Every pacific effort had been
tried in vain. The Chief was obdurate. A narration of the whole
transaction, from first to last, had been prepared by the writer. Mr.
Paris went to Perth and applied to Mr. Radenhurst and some of the
veteran practitioners, who advised unfavorably as to the commencement of
legal proceedings. As a last resort he consulted Mr. W. O. Buell, then a
new beginner. Mr. Buell took time to reply. He studied the case
profoundly in all its bearings, and found it was practicable to obtain
ample redress. Hitherto, actions had been brought for damages done by
back water. None had ever been tried in our courts for withholding and
purposely stopping the natural flow of water down stream. Mr. Buell
reported favorably on all points, and advised immediate legal
proceedings. The Laird's mill and part of his dam were erected on the
concession line, thus blocking up Her Majesty's highway. This was a
public nuisance. This was a salient point of attack. It was resolved to
proceed criminally on this point, by indictment. _Actions on the case_
were also commenced against McNab and Wm. Yuill. At the Spring Assizes
in May, 1843, Mr. Paris, attended by Daniel McIntyre (Dancie), Mr. James
Headrick, Sr., and a number of witnesses, having proceeded to Perth,
laid the matter before the Grand Inquest of the Bathurst District. A
Presentment was brought into court indicting the Chief for erecting
nuisances on the public thoroughfare of the township. Mr. Thomas M.
Radenhurst was Crown Officer, and immediately prepared a formal Bill of
Indictment. It was brought into court by the Grand Jury endorsed a "True
Bill." The Chief, then in court, was immediately arrested, and being
arraigned pleaded "Not Guilty." On motion of Mr. McMartin the trial was
put off till the Autumn Assizes, and the Chief admitted to bail. The
civil suits were also on affidavit postponed by McNab.
To weary out, to cause useless expense, and still further to harass Mr.
Paris was now the object of the defendant. He imagined that Mr. Paris
could not enter upon or keep up a protracted legal contest--that Mr.
Paris, being a new beginner, could not furnish or procure the necessary
funds to resume proceedings in the fall. He was mistaken. The friends of
the latter, among whom was the writer, advanced all that was required.
The Fall Assizes came on at the appointed time. Mr. Robert Hervey, of
Ottawa and Mr. Buell, together with the late Mr. T. M. Radenhurst,
appeared for the prosecution. The nuisance case was first proceeded
with. A verdict of "Guilty" was pronounced. The Chief was fined, the
mill ordered to be removed, and the dam demolished. This was immediately
done. The order of the court was at once carried out. The water in its
downward rush nearly swept away the mills of Mr. Paris. The Chief's
saw-mill was moved further down the stream, and was afterwards the
property of Mr. William Lindsay, who purchased it and a large portion of
the White Lake property from the late Allan McNab. The walls of the
grist mill having never reached further than one storey, still remain in
ruins on the concession line, near the spot where the saw-mill once
stood, a monument of the Chief's folly and futile revenge. The
traveller, unacquainted with the history of this transaction, is struck
with the mournful aspect of the ruins so close to the bridge, and
wonders what was the builder's intention. It is there a memorial of the
past, and its ruins are a fitting memento of the downfall of attempted
feudalism.
Mr. Paris was equally successful with his civil suits. The law was
admirably laid down by Mr. Jonas Jones, who presided at the trial.
Verdicts were returned by the jury for the plaintiff. The damages
against Yuill were L79, and against the Chief they were found and fixed
at L35. No point of law was reserved. McNab was compelled to pay the
verdict with costs, but Wm. Yuill, having absconded soon after, has
never paid a farthing to this day. The victory, however, was complete
and effectual. It settled the question of water stoppage forever. It was
the final culmination of the defeat of McNab's power. It was the last
lawsuit with the Chief to establish any of the settlers' rights, and it
was the most effectual and triumphant. It was the termination of the
final struggle of right against might. As Mr. Daniel McIntyre (Deil) was
the first who had the moral courage and boldness to defeat the Chief in
a court of law, so Mr. John Paris was the last to gain the crowning
triumph, and though seriously retarded and embarrassed for many years,
yet by a course of persevering industry he overcame his difficulties and
embarrassments, rose to a high position among the people, was for many
years Reeve of the Township, and in middle age, surrounded by a numerous
family, and in the midst of prosperity, looked back to the struggles of
his youth, and the oppressions of the Chief as a dream which has
vanished like the evanescent shadow of a disagreeable vision and is
buried in the past forever. Soon after these verdicts the Laird left the
township forever. Four years before he was in the height of power, had
the ear of the Government, and could outrage the law with impunity; but
a revolution had taken place, bloodless, it is true, but effectual and
beneficial. Now forced to abandon a township where he might have lived
happily and respected, venerated and beloved; and with the advantages he
possessed might have redeemed his ancestral estate, and ended his days
in the midst of wealth and affluence.
CHAPTER XX.
"LAST SCENE OF ALL--1843-60-70--THAT ENDS THIS STRANGE, EVENTFUL
HISTORY."
Soon after the suits with Mr. Paris the Chief left the township forever,
and for a few years lived in the city of Hamilton, in a small cottage
purchased from Sir Allan McNab. In 1843 he left Hamilton for Scotland,
having come into a small estate in the Orkneys. His enjoyment of the
estate was of short continuance. Running through the property in a few
years by lavish and profuse expenditure, he, in 1859, retired to France,
living on a small pittance granted to him by his lady, from whom he had
separated in 1819. On the 22nd of April, 1860, the Laird of McNab--the
last legitimate Chief of the Clan McNab--was summoned before his
Almighty Judge. He died at Lanion, a small fishing-village near
Boulogne, in the 82nd year of his age. Twenty-eight years have rolled
away since his death. Forty-seven years have passed over since he
finally quitted the township, and what a change! After the final
victory obtained by Mr. Paris, the people set to work with energy and
vigor. New settlers flocked to the township. Left to the management of
their own affairs by the Municipal Act of Mr. Baldwin, roads began to be
improved and bridges erected. In 1855 a new bridge was constructed over
the Madawaska River at Balmer Island, through the energy and exertions
of Mr. Paris, the Reeve, and the assessed value of the township was
yearly increased. In 1848 the dispute between the Presbyterian Churches
in Scotland reached the Scottish townships on the Ottawa, and McNab,
among the rest, was affected with the religious epidemic. A large
portion of the people broke off from Mr. Mann's congregation. Two new
congregations were formed at Burnstown and White Lake, and in 1849 the
Rev. S. C. Fraser was inducted as the new pastor. This charge he held
until the spring of 1868, when he resigned.
In 1852 Arnprior, which had been a dilapidated scene of log-house ruins,
began to revive under the auspices of Mr. Daniel McLachlin, who that
year purchased the property from the Messrs. Middleton, of Liverpool.
When it came into his possession it wore a most dreary aspect. The dam
built by the Buchanans had been torn down--the grist-mill had entirely
disappeared--the saw-mill was a shattered ruin, and all that stood was
the tavern then occupied by Mr. James Hartney. The property was surveyed
into town lots. The dam was rebuilt for Mr. McLachlin by the Hincks
Government in 1853, and the saw-mill was renovated and put into
operation. A stone grist-mill was erected--mechanics, operatives, and
laborers were encouraged to settle by the most alluring prospects--and
in 1854 the sound of workmen's implements, the blows of the axe clearing
the surrounding forest, the hammering of the carpenters and the ringing
strokes of the blacksmiths' sledges on the various anvils reminded one
of the classic days of Queen Dido when busily occupied in the building
of ancient Carthage, so beautifully described in the AEneid of Virgil.
Now Arnprior may boast of its three thousand inhabitants. Then only two
families occupied the neglected waste. A few short years has effected
this prosperous change, and Mr. McLachlin's stone mansion is situated on
the terraced banks of the majestic Ottawa, on the very site of Kennell
Lodge, where the Chief of McNab once ruled a supreme despot, unchecked
and uncontrolled. Then an order from the Chief was tantamount to a law
and was obeyed with alacrity. Then the township of McNab was thinly
peopled, having only 102 inhabitants all told; now, including Arnprior,
it can number upwards of 6,500. Then the people were poor, struggling
for a miserable existence, ground down by oppression; now the great
majority are independent, and many are in affluent circumstances. Then
McNab was the poorest and most miserably wretched township on the
Ottawa; now its assessed value is by far the greatest of any
municipality in the County of Renfrew. It may be said to be the empire
township of the County. Had the contemplated feudal system been carried
out--had the attempt and the actual existence of the tenure not been
resisted, and resisted too by the most heroic struggle ever carried on
by an impoverished people against wealth and power--it would have been
in the same languishing condition as the most besotted portions of
degraded Spain, or in the same wretched state as those parts of Ireland
where oppression has not been tempered by law or justice, and where
Fenianism has taken the place of order to redress grievances which
constitutional measures alone can remove.
In 1838 the first school was established in the township; now we have
numerous educational establishments and a Grammar School--all of a high
order. In 1839 the first Presbyterian congregation was formed.
Our history has now drawn to a close. We have endeavored, without
partiality or bias, to give a true record of what has taken place, and
we trust we have done so to the satisfaction of our readers. At great
pains to select documents to substantiate matters of fact, we grudge not
the labor, so that we have made this history interesting as well as
instructive--interesting as a memento of the past; instructive as
tending to impress upon our legislators caution in the opening up of new
country, and in the formation of new settlements. Now that the great
North-west is being opened up for immigration, the Government may take
warning from the past, and not entrust the power which the Chief of
McNab at one time wielded, to any single individual. Canada is too
powerful, too great, too constitutional in the genius and intelligence
of her people, ever again to permit a Family Compact to reign over
them--an oligarchy which for years governed Canada so badly that our
beloved sovereign, the great and beneficent Victoria, herself generously
interfered, and sent statesmen that uprooted this abominable autocracy
that for years had been bane to the progress of the country, and a drag
on the prosperity of Canada; yet by carelessness grievances may creep
in, but if they do, this history will at all events teach statesmen to
listen to and investigate the slightest complaint from individuals,
however humble and poor, lest the disgrace which overwhelmed the Family
Compact in their dealings with the Laird of McNab be their fate, and
their political destruction be pronounced by the fiat of public opinion
which has changed the destinies of empires, and sealed the fate of the
most powerful dynasties in the world.
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Transcriber's Notes
P 3 Index to Contents. Chapter VI title "Fresh Arrivals" inserted with
its page number.
P 21 "the only persons residing there when they arrived was" changed to
"the only persons residing there when they arrived were"
P 25 the author uses the word "interlined" but the text concerned has been
italicised.
P 35 "that the settlers were acrificed" changed to "that the settlers were
sacrificed"
P 37 "after many months of stategic manoeuvering" changed to "after many
months of strategic manoeuvering"
P 50 "imposed on themselves and decendants for ever." changed to "imposed
on themselves and descendants for ever."
P 51 "but this promised was never fulfilled." changed to "but this promise
was never fulfilled."
P 55 "James McFarlane and James Maclaren," changed to "James McFarlane and
James McLaren,"
P 58 "and his man staid in the same place" changed to "and his man stayed
in the same place"
P 64 "the Chief to adminster the law," changed to "the Chief to administer
the law,"
P 89 "and were in it not for exertions" changed to "and were it not for
exertions"
P 89 "The report the of Buchanans," changed to "The report of the
Buchanans,"
P 95 "a copy of the location ticket was fyled" changed to "a copy of the
location ticket was filed"
P 102 "upright, and benovelent man;" changed to "upright, and benevolent
man;"
P 109 "Alex. Thomson, Jas. Robertson Jas. Robertson, James McKay," changed
to "Alex. Thomson, Jas. Robertson, James McKay,"
P 110 "scholar the in County" changed to "scholar in the County"
P 121 "in the month o August." changed to "in the month of August."
P 127 "for the benefit of th township." changed to "for the benefit of the
township."
P 139 "and hastily applied to the Goverment" changed to "and hastily
applied to the Government"
P 140 "and he reasoned corrctly." changed to "and he reasoned correctly."
P 149 "McNab's fradulent scheme" changed to "McNab's fraudulent scheme"
P 150 "and run her regularly" changed to "and ran her regularly"
P 152 "could write tolerably, read middingly," changed to "could write
tolerably, read middlingly,"
P 164 "Mr. D. C. McNab and other followed" changed to "Mr. D. C. McNab and
others followed"
P 164 "from Perth should should proceed" changed to "from Perth should
proceed"
P 165 "on the other hand yous Petitioners" changed to "on the other hand
your Petitioners"
P 165 "the settlers of McNab persons ally before His Excellency," changed
to "the settlers of McNab personally before His Excellency,"
P 167 "Toronto, 11th Jun 1e,840." changed to "Toronto, 11th Jun 1840."
P 177 "rather biassed against the settlers" changed to "rather biased
against the settlers"
P 183 "Simultaneously w th Mr. Allan's report," changed to "Simultaneously
with Mr. Allan's report,"
P 192 "James McKay, Mrs. Mckay," changed to "James McKay, Mrs. McKay,"
P 200 "the Judges had a consulation" changed to "the Judges had a
consultation"
P 205 "Mr. Paris from grinding any during the ensuing winter" changed to
"Mr. Paris from grinding any corn during the ensuing winter"
There is obviously a word missing here and "corn" has been selected
as the most likely.
P 207 "would entail enormons expense;" changed to "would entail enormous
expense;"
P 221 "and to the enormously increasing demad there is" changed to "and to
the enormously increasing demand there is"
Inconsistencies and probable errors in the spelling of place-names have
been retained. Examples are "Callander"/"Callender",
"Leney"/"Lenney", "Kilmabog" ("Kilmahog" probably intended) and
"Loch Labuig" ("Loch Lubnaig" probably intended).
Minor punctuation errors corrected.