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Note.— The following account of the diffi- culties between the Laird of MacNab and his settlers in Canada has appeared in several local papers and in the Scottish Canadian, through whose columns it obtained a wide cirrula- tion, resulting in the request that it be preserved in book form, a suggestion now complied with, in the hope that the example of sturdy independence therein described will prove of interest to otbers than those for whom the story was first compiled by a clansman. ^ p INDEX TO CONTENTS. the diffi. and his ti several Canadian, le cirrula- preserved 1 with, in pendence to otliers compiled A. F. PAGE. The Flight The McNab in Canada Arrival of the Settlers . 22 Progress of the Settlers . . - 27 Aew Arrivals 38 47 A Digression The Sheriffs Paid ... l^ J . 69 Imprisonment of the Mclntyres og Military Tactics of McNab Mr. Allan's Report The Trials "^ 133 Imprisonment of Mr. Stewart * Final Triumph of the Settlers Investigation of Grievances g The Chiefs Reply The Settlers Free . . McNab and Hinck's Trial _^. 190 Discomfiture of the Chief -. 207 Last Scene of all 213 THE CHIEF, THE LAST LAIRD OF MACNAB. CHAPTER I. THE FUOHT. It wu . geui»l evening in 1823. The 8an wu caeting long shadows from the glorious old pines oJ Lenoy woods, .nd the baronial mansion of Dr Hamilton Bnchanan reflected in gorgeous splendor the last rays of the setting snn. A horseman had just fastened his pony at the outskirts of the park nigh to the CaUender road, on the Looh Earn side of the village; and now on foot, and enfolded in . tar. tan plaid so as almost to conceal his person was threading the m.aes of the wood, and stealthily ap- proaohed the house of Leney. This was Archihald MacNab, the last chieftain of the MacN.bs, who h~i that morning, for the last time, left his paternal estate of Kennell, on the banks of Loch Tay to take refuge with his cousin, the l«,t Bnch«.an of th, wcent house of Arnprior. Their mutual grand- The Last Laird of AfacNab. father, Buchanan the Chief of Arnprior, had been beheaded at Carlisle for participation in the rebel- lion of 1745 ; and he it was whom Sir Walter Scott took for his bean ideal^ in the person of Fergus Mao- Ivor, in his elegant romance of " Waverley." The estate of Leney was all that was left to the Buchan- ans out of their immense property, as the Arnprior estates were confiscated to the Crown for high treason on the part of their Chief. The affairs of MacNab were at the time we write, 1823, thought to be involved beyond extrication— his estate mortgaged to the Earl of Breadalbane— and even now the officers of the law were on his track to enforce on his person, by arrest, a decree of the Court of Session, in order to get possession of the title deeds of the Dochart and Kennell estates, and deliver them to MacNab's unrelenting creditor, John, Earl of Breadalbane. By a postern gate he entered the no'ble halls of Leney, and was there met and welcomed by his cousin. Their meeting was most affecting. There stood the last^representatives of two of the most ancient houses in Scotland : Kennell and Arnprior. Both had suffered for Charles Edward Vab. The Last Laird of Mac Nab. rior, had been in the rebel- Walter Scott f Fergus Mao- ,verley." The io the Bachan- I the Arnprior 'own for high time we write, ctricatiou — his idalbane— and ) on his track decree of the isession of the II estates, and ting creditor, istern gate he was there met meeting was resentatives of land : Kennell larles Edward —both had lost kindred, lands, and prestige for Prince Charles ; but now both were in different oir- cumstances, the last Chief of the MacNabs was hum- bled : no more was " The haughty MacNab, with his grants beside him, *' And the lions of Dochart close by his side." He was dejected, impoverished, ruined ; while Dr. Hamilton was wealthy, and able and willing to as- sist his unfortunate and once-powerful kinsman. At that period, MacNab was in the prime of manhood, as he had just passed his forty-second year. With a melancholy countenance and with aspect of despair, he unfolded all his griefs to his relative. About ten days previously, the Court of Session had given the Decree and granted a Caption. To disobey was to forfeit his liberty till compliance was made to the order of the highest civil tribunal in Scotland. To obey was to lose every opportunity of redeeming his estate and to throw away forever any chance of re- claiming it. Long and anxious was the consultation between the two gentlemen ; at length it was re- I solved that the Chief should start for America :rom an English port, found a settlement, retrieve his lost 8 Tl't Lml laird of M.utfal,. "'""•• "■" '«'■"» ^ ""• -ti™ I..d io better fme,. iUrf w., the strp««,e , .t ,e„„a h,-. „,oIa. t.on W.S taken, .nd eve„tb,„« „„ p„p„^ ,„, ,.^ departure by next de,', afternoon mail. In the meantUne, the King's mea^nger, ,ith the wr.t of caption had gone to Kennell, and anding that their pre, had eacaped. betook themselves to Callen dcr, a TiUage two miles distant from Leney Honse In passing throngh Glen Ogle, they heard that Mao- Nab had passed through early in the afternoon, and natnrally supposed that the Chief was at Leney Arriving at Callender.t fonr in the morning, tbey rested to take some refreshments before proceeding to their more disagreeable task. Fortunately for MaoNab, the principal of the King's messengers, a person named Watt, was well known to John Me- Ewan, the head waiter of McGregor's Hotel, who at once suppected their errand, as the Chief's affairs were . common topic of conversation through Perth, shire. While tl.ey were taking their bread and cheese and whiskey he despatched a stable-boy named Soobie, by a short cut to Leney House, to ap pr.»e MacNab of his danger. He roused up Dr Nah. land in better JgthhiareBoIa- repared for hia il. ngers with the ad finding that Ives to Callen. Leney House wd that Mac. afternoon, and- as at Leney. Qorning, they ?e proceeding rtnnately for aessengers, a 'O John Mc- fotsl, who at bief's affairs fough Perth, bread and stable-boy fouse, to ap sed up Dr. The Lasi Laird of MacNab t) Hamilton's butler, and told him his errand. The butler instantly hurried to the Chiefs bedroom. Mao- Nab having been roused out of a deep sleep, and hearing of the impending danger, at once jumped out of bed, drew on his underclothes, threw a plaid over his shoulders and escaped to the glen in rear of the Leney House, by the back door. Just as he was making his hurried exit, the King's messengers from Stirling thundered at the front entrance. Dr. Bu- chanan (who was generally called Dr. Hamilton on account of adopting this surname when he came into possession of the Burdovie estate) rushed to the win- dows. The officers demanded admission. Hamilton sternly refused. They attempted to break the door open. The doctor levelled a double-barrelled gun at their heads, and threatened to shoot the first man who attempted to enter. The messengers at once de- sisted, slid the ring of their batons from one end to the other, swore that they were deforced, and threatened to bring the whole civil powers of Perth an<' Stirling to their assistance. Dr. Hamilton jeered and laughed at them. At length they departed, vowing vengeance against all parties concerned. Chief MacNab lay I lo The Last Laitd of Mac Nab. closely concealed in the glen all day. Provisions and clothes were sent to aim, and at night he again stealthily entered Leney House. A spy had been left in close proximity to the park to watch proceed- ings, and he saw what had taken place. He was on his way to inform his employers that the bird was trapped, but just as he cleared the park gates and en- tered tho Callender road, the unfortunate spy was seized by four sturdy Highlanders, gagged and blind- folded, and carried to a lint-mill near Loch Labuig, and there kept a close prisoner for forty-eight hours. He was well used and well fed until his period of in- carceration had expired. In the meantime, two faithful servants of Dr. Hamilton had prepared the coach and horses for a long journey. These two were Peter Maclntyre, who died in 1868 at the Gala- bogie Lake ; and John Buchan, who also came to Canada, and for many years resided at Point Fortune, a respectable and wealthy farmer. At midnight, MacNab being well provided with funds and neces- saries, bade farewell to his cousin of Leney, and set out for Dundee with Buchanan and Maclntyre. Every precaution was taken on the road ; but it was acNah. ^ Provisions and t night he again A spy had been io watch proceed' ace. He was on lat the bird was ark gates and en- rtunate spy was agged and blind- sir Loch Labuig, )rty-eight hours, his period of in- meantime, two ad prepared the By. These two 868 at the Cala- > also came to i Point Fortune, At midnight, inds and ueces- Leney, and set Qd Maclntyre. ad ; but it was The Last Laird of MacN'ab. II needless, for the officers of the law were calmly sleeping at the head inn of Callender, expecting to hear from their spy, little Johnny Crerar, if anything unusual occurred. The Chief arrived safely at Dun- dee, took shipping for London, thence to Quebec ; and the first news Lord Breadalbane and his messen- gers heard oi him was in the public journals of Mon- treal, of a great dinner and ovation given in Montreal by the ui)per ten to Highland Chieftain MacNab. The decree of the Court of Session had no power in Canada; consequently MacNab was free. We may as well state that Watt remained round Callender for two days, searching for little Johnny ; at length the spy appeared, and informed them of all that had occ:ir. red. There ^^ere no telegraphs in those days, and they believed the Chief was ctill in Scotland, and ihey made frequent excursions to Kennell ; and they were only undeceived in tleir suppositions when the news of MacNab's safe arrival on the other side of the Atlantic reached them. Watt, the celebrated King's messenger, was for once outwitted and com- pletely non-plussed. 13 The Last Laird of Mac Nab. CHAPTEB U. THE m'nAB in CANADA. From Montreal MoNab went to GIeng.„y. ,nd „„ the Highlanders ther^ and remained with Bishop MoDonneU for a fortnight. It was that venerable prelate-the emigrant's friend, without anydistinc t.on as to oreed-who first spoke to him of the Ottawa. He was really the friend of distressed humanity, whether of a Catholic's or Protestant's type. He put into philanthropio exercise Queen Dido's maxim : " Tro., Tyrinsqo. mihi nullo dtarimine .getnr ••+ A patrio , a Christian, a loyalist, ever ready to help the distr ssed. we shall seldom ■' see his like again " Havmg received a good deal of valuable information from the Bishop. MoNab proceeded to Toronto (then York), and entered into negotiations with the Govern- ment respecting the settlement of a township on the oy me with no invidiouadtatinotipn," facNab. DA. Hengarry, andsaw ined with Bishop s that venerable hout anydistino- B to him of the id of distressed I or Protestant's exercise Queen line agetar."t « ready to help JhislikeaKain." tbie information Toronto (then rith the Govern- ownship on the rmed him that -"Protestants and isdistinQtipn," The Last Laird of MacNab. 13 fa township had been lately surveyed, adjoining Fitz- jroy, by Mr. P. L. Sherwood, containing about 81.000 f acres. It was a large township, and consisted of thirteen full concessions and four broken ones. It was not yet named, and if he undertook the settle- ment, McNab could name it after himself, and pro- ceed forthwith to occupy it. They gave him a map of the township, which the Chief immediately named MoNab, after himself and his clan. Fancying he had all at once tumbled into an El Dorado, without seeing the place, or knowing anything about the facilities the township afforded, McNab at once agreed to the terms of the Government, which were as follows :-He addressed a letter to Sir Peregrine Maitland, then Lieutenant Governor of the Province offering to settle a township near Glengarry with his' clansmen, and found a Highland Settlement of like loyal character as that which existed on the banks of the St. Lawrence. He had received his inspiration from the venerable Bishop McDonnell, and thus put ht in practice. The following answer was given to bis application; and as this is the basis of the at- tempt to establish the feudal system in Canada, ana 14 The Last Laird of Mac Nab. \ \ the misrepresentations founded apon it, by which many of the unfortunate settlers were harassed and oppressed, we direct particular attention to it :- [copy.] Report of a Committee of the Honourable Executive Council on the Application of the Laird of McNah tor a grant of Land. Executive Council Chamber, at YoekI Wednesday, 5th November, 1823, / Present : The Hon. James Baby, Presiding Coun- c.IIor ; the Hon. Samuel Smith, the Hon. and Kev. Dr. John Strachan. To His Excellency, Sir Peregrine Maitland, K.C B Lieut. -Governor of the Province of Upper Canada.' and Major-General Commanding His Majestys Forces therein, &c., tfec. May it Please Your Excellency : The Committee, of the Executive Conncil to which Your Excellency has been pleased to refer the letter of the Laird of MoNab. dated York, loth Oct., 1823, proposing upon certain conditions to settle a township of land with his clansmen and others from the Highlands of Scotland, most respectfully report. That a township of the usual dimensions be set apart pn the Ottawa River, next to the township of Fitzroy, ^acNab. apon it, by which ^ere harassed and 9Qtion to it :— lourable Executive e Laird of McNah IMBER, AT YOBKI mber, 1823. / , Presiding Conn- ) Hon. and Rev. ^aitland, K.C.B., Upper Canada, His Majesty s Council to which d to refer the York, loth Oct., lions to settle a and others from pectfully report, ons be set apart iship of Fitzroy, The Last Laird of Mact^ab, IS jfor the purpose of being placed under the direction wd superintendence of the Laird of McNab for Battlement. That the said township remain under 'lis sole direction for and during the space of eighteen nonths, when the progress of the experiment will enable the Government to judge of the propriety of extending the period. That patents may issue to iny of the settlers of said township, on certificate from the Laird of McNab stating that the settling duties are well and duly performed, and his claims :)n the settlers arranged and adjusted ; or patents ^ay issue to Petitioner in Trust, for any number of Bottlers, certified by him as aforesaid ; the fee on each patent to be One Pound Five Shillings and Pourpence, sterling. That the conditions entered ipon between the Laird of McNab and each settler 36 ally explained in detail, and that it be distinctly Btated that such have no further claim upon the .ate of the agreement entered into between the Leader and the settlers shall be lodged in the office of the Government. That the Laird of McNab be permuted to assign not less than One Hundred Acre • o each family or M.le of Twenty-one years of age on takmg the oath of allegiance, with the power «; recommending an extension of such grant I th ibe: I m 1 1 1 6 T/ie last Laud of MacNab. favorable consideration of His Excellency, the Lieut.. Governor, to such families as have means, and are strong in number, and whom it may be deemed prudent to encourage. That an immediate grant of 1,200 acres of land bo assigned to the Laird of Mc- Nab, to be increased to the quantity formerly given to a Field Officer, on completing the settlement of the township. That the old settlers pay the interest on the money laid out for their use by the Laird of McNab, either in money or produce, at the option of the setUer; and that the settler shall have the liberty to pay up the principal and interest at any time during the first seven years. All of which is respectfully submitted. (bigned,) James Baby. Before leaving this part of the subject, it may be as well to state that after repeated trials and appli- cations, it was not till 1841 that the settlers procured a copy of the above document. The Government until then wa» composed of members of the Family Compact, and they determined to keep settlers in the dark, and to allow the Laird of McNab to do as he pleased. Although the above is the only official document on record, there was a private under- icNab, Excellenoy, the I have means, and may be deemed mediate grant of ihe Laird of Mo- f' formerly given he settlement of I pay the interest jy the Laird of at the option of shall have the interest at any ted. James Baby. [ect, it may be •ials and appli- 3ttlers prooared he Government of the Family ) settlers in the nb to do as he le only oflacial •rivate under- y-;-f^t^ The Last Laird of MacNah. j- Istanding between the Chief and the Government to ithe effect that the Chief was to have for his own nse land benefit all the timber growing on the township of MoNab. There was some unaccountable delay jafter the passing of the above Order in Council •before the Chief proceeded to the importation of im- jmigrants, owing to the survey of the township not 'being exactly completed, and the assignments to and Blection of certain lots by P. L. Sherwood, Esq , who ^ad made the survey, and whose remuneration was - be made in lands on the survey, and not in money Lfter the lands had been selected by Mr. Sherwood ie assigned them to Billa Flint, of Brockville. and fchey were marked on the diagram as not open for ettlement. This having all been arranged to the Satisfaction of all parties, in the autumn of 1824 ^cNab wrote this letter to Dr. Hamilton : Kennel Lodge. On the Banks of the Ottawa, 10th Aug., 1824. ) Mr Db.« L.„r,-Pr,„ „, ,.,. ,,^,„ ' ^.de. Now I .„, happy to inform yo» that .11 my „r.„« ««.sfor.ememo„t.rec„mpU.,. The township 7Z 1 !f i8 The Last Laird of MacNab. i ; I l! ! Nab haa to-day been handed over to me by Sir Peregrine, and it conUins 80.000 acres of fine, wooded, arable land- and upwards. Yoa will send out to me, according to your oflfer, twenty families, at firsts Give them three months' provisions, and make each head of a family, before you give him a passage ticket, sign the enclosed bond, which has been specially prepared by the Attorney- General i will meet the settlers in Montreal, and see each one on the land located to them, and will provide for their transport to their lands. They should embark early in April, and I should feel obliged if you would personally superintend their em- barkation at Greenock. Now I am in a fine way to redeem the estate at home, and in a few years will return after hav- ing established a name in Canada, and founded a trans- atlantic colony of the clan. The preparations can be all made this winter for their emigration, and I shall be fully prepared to receive them. I have a large log house erected close to the banks of the Ottawa, which, as you will see by the heading of this letter, I have called after my estate on Loch Tay, &c, &c. (Signed) MoNab. Immediately after the receipt of this letter, Dr. Hamilton, of Leney, set to work to procure a band of emigrants to go to MoNab in Canada. In January 1826, the following heads of families signed the bond prepared by tha Canadian Attorney-General, and J ^acNab. le by Sir Peregrine, oded, arable land— 0, according to your hem three months' lily, before you give >ond, which has been eral I will ich one on the land ir transport to their ^pril, and I should perintend their em- fine way to redeem ill return after hav- i founded a trans- its winter for their to receive them. I > the banks of the iding of this letter, j^> &c, Ac. MoNab. this letter, Dr. rooare a band of a. In January signed the bond >y-Oeneral, and The Last Laird of Mac Nab, ig ntnessed by D. McLaren, Banker, Callender - rames Carmichael. Donald FiBher, Peter Campbell, Peter Druramond, James Robertson, Alex. McNab,' Fames McFarlane (Kier), Duncan Campbell, James' IcDonald, D^onaldJIoNaughtqn. Joh^McDermid^ rohn Molntyre, Peter Mclntyre, Donald Mclntyrer lames McLaurin, Peter McMillan, James Storie |(Dumbarton), James McFarlane (Crief), Alexander "liller, Malcolm McLaren and Colin McCaul. Th 3 terms of the bond were that every adult bound iim8elf-£36 for himself, £30 for his wife, and ^16 lor every child, with interest, either in money or Sroduce. On the 19th of i\pril, 1826, the McNab settlers, amounting in all-men, women and children-to 9ighty.four souls, embarked at Greenock in the ship Niagara, for America. After a speedy and prosper- ous voyage they safely landed in the city of Montreal on the 27fch day of May, and were there met by the ^hief and his piper, James McNee. and Mr. Miles IcDonald, who boarded the vessel in due form, and nth a Highland welcome congratulated the settlers Dn their safe arrival. ^'% •i :l ao TAe Last Laird of MacNab, Preparations were now made for conveying the Bettlersto the place of their destination. At that time there were but few steamers, and the mode of travelling was difficult and hazardous. The only means of transport on the rivers and lakes were by "batteaux"-a species of large barges.-and the only steamboat that was then to be found on the Ottawa was the old Union, which plied between Hawkesbury and Hull. The necessary number of batteaux were got in readiness at Lachine, and the settlers having arrived at the latter place with their baggage, embarked, and after a voyage of two or three days' duration landed their living freight at Point Fortune. Here Mr. McLachlin, father of the late Daniel McLachlin, of Arnprior. took the con- tract of bringing the baggage to Hawkesbury. The settlers with their families performed the journey on foot, and Mr. McLachlin drew the baggage up on ox carts and sleds. There were but few horses in those days. At length they got safely on board the Union and steamed up for Hull. This part of the voyage cook two days and a night in its accomplish- ment-a journey that can now be made in a few ' ] MacNab. The Last Laird of Mact/ab. 21 for conveying the stination. At that 3, and the mode of ardous. The only md lakea were by ) bargea.—and the a be found on the ich plied between sessary number of Lachine, and the Br place with their voyage of two or r living freight at hlin, father of the ior, took the oon- [awkesbury. The led the journey on tie baggage up on but few horses in fely on board the This part of the in its accomplish- >e made in a fewj jurs. On the evening of the second day they arrived Hull. There was no city of Ottawa then— no ^town. The site of the present seat of Government the Dominion of Canada was a dense, unbroken >reBt, an uncultivated wild, a pathless wilderness, pare the bear and the wolf roamed uncontrolled, ad the red deer gambolled in its deep dark glades ad sylvan retreats. From Hull upwards, the settlers met with many irdships till they reached the Chats. Here they id to disembark and proceed to the place of their kture home through the woods, following a pathway ad guided by a blaze, their baggage being trans- )rted up the Chats Rapids by some of the male jrtion of the settlers and those who were sent to leir assistance, such as lumberers and others who lad before than time squatted in the township (the ily persons residing there when they arrived was (rchibald Stewart, Duncan Campbell and his sons, old Glengarry soldier and the Goodwins). The aurney of the settlers from Montreal to McNab, with leir baggage and luggage, occupied 28 days. 22 7 he Last Laird of AfacNab, Mlljlll I'M I I ! \\\\ \\\'\ CHAPTEB III. ARRIVAL OF THK 8ETILEK3 m B'„AB-TaWK LOOAT.OK. Od the 23rd of June, 1825, the settler, aU .rrived safely m the township, and pitched their camp, at the present Arnprior steamboat landing. As m«.y « could be crowded into Kennel Lodge, where the L«rd resided, proceeded thither; the remainder occupied the camps until all the luggage had safely reached its destination. The Laird then called them together and infermed them that the township was «.ven to him a. a grant by the Government, because he was a Highland Chief-th.t they could go and select their ,and.-that he would send the Campbells (of the lake,, the Goodwins and Arch. Stewart along with them to point out the most eligible locations, and as soon as they had chosen their respective lots he would locate them in due form Tl.ey according' ly proceeded to prospect and seleri «„;, : „as • The three Mclntyre families, James McFarlane (Kier) James McDonald and Donald McNaughton went up ii. MacNab. The Last Laird of MacNab. n II. AB— THEIK LOCATION. 9 settlers aU arrived ed their oampg afc landing. As many Lodge, where the 5'; the remainder '"Sgage had safely fd then called them i the township was vernment, because hey could go and end the Campbells rch. Stewart along eligible locations, Bir respective lots, They "iocording- *'^^/' Qds; The cFarlane (Kier), aughton went up ae Madawaska a distance of seven miles, and select- lands in what is now called the Fiat Rapid Set- ^ment. James McLaren went to the borders of lorton, in what is now known as the Lochwinnoch Jttlement. and the rest of the emigrants pitched ll>on lands in the neighborhood of what is now irnprior, and along the banks of a small brook rhich they named the Dochert, after a river of the ime name which flowed through the Kennel estate Scotland. Having made this selection they re- moved their families to the wild woods, in the very ^epth of the primeval forest, and erected small lanties. The heads of families repaired to the Chiefs house to get their locations. The Chief, through Dr. Hamilton, of Leney, promised that the settlers were to be transported to leir lands without any trouble or expense, and were i be furnished by the Chief with three months' pro- isions after they arrived, out of a store that was bpt at the mouth of the Madawaska river, by Mr. Ferguson (Craigdarrach). When the settlers arrived, m that was in the store was a large puncheon of whiskey and some clothes, nothing in the provision I> I ! 24 TJie Last Laird of MacNab. Ii«e whatever. They resolved then, as soon as they got their locations, to go outin the neighboring Town- ship of Fitzroy to work for food for themselves and families. The Chief accordingly sitting in solemn state at Kennel Lodge, having these memorable and remarkable documents prepared in duplicate, forth- with proceeded to seal and sign. I subjoin a copy of this remarkable document given to the first settlers. They are all of the same form, and in transcribing one I give you a copy of each settlers' location ticket. All of them were written in red ink, with the exception of two, and these two settlers had given some offence to the Chief on their way up, and to evince his displeasure he rrote theirs in black ink. [OOPY OF LOOATION TICKET.] " I, Archibald McNab. of McNab, do hereby locate you James Carmichael, upon the rear half of the Sixteeuth Lot of the Eleventli Concession of McNab, upon the following terms and conditions, that is to say : I hereby bind myself, my heirs and successors, to give you the said land free of any quit rent for three years from this date, as also to procure you a patent for the same at your expense, upon your hav- ing done the settlement duties and your granting me a MacNab. then, as soon as they leoeighboringTown- for themselves and y sitting in solemn lese memorable and I in duplicate, forth- aarkable document are all of the same ?ive yon a copy of All of them were 3ption of two, and ome offence to the nee his displeasure tCKET.] 3o hereby locate you, of the Sixteenth Lot upon the following [ hereby bind myseir, 3 said land free of any be, as also to procure inse, upon your hav- your granting me a The Last Laird of MacNab, n Jrtgage upon said lands, that you will ymrly thereafter '*o me, my heirs and suo'.essors for ever one bushel ot it or Indian corn, or oats of like value, for every laied acre upon the said Lot of Land in name of Q«rt flit for the same, in month of January in each year. Tour subscribing to these conditions being binding upon I to fulfil the terms thereof. Signed and sealed by us at Kenaell Lodge, this twelfth ^ of August, 1825. Signed, Archibalb McNab, (L.S.) Signed, James Carmichael, (L.S.) have interlined the above document, which indi- tes the first attempt to establish and fix firmly a atem of feudal dependence upon the Chief. All first settlers signed their original location tickets. 5w, MoNab held them under him by two instru- Bnts~the bond executed at Leney House in Wlander, and the location ticket which bound them- Ives and their lauds to the Chief and his heirs and ^^ccessors forever. The reader will direct his atten- «ou to the Order in Council for the settlement of the "township of McNab, passed in 1823, and contrast it |ith the terms the Laird of McNab imposed upon p settlers. They were ignorant. They had impli- 26 The Last Laird of MacNab. oit confidence in their Chief. His word was law, and they imagined that the land was his, as he had re- presented it, and they conceived that they could easily pay the bushel of wheat to the acre. They had no experience and they really and conscientious- ly believed that the lands in Canada were as fertile as those in the straiths of their own native country— the land they had so lately left and where they paid \ high rents, and this small tax of a bushel for every cleared acre was a mere nothing, which could be easily met. The Last Laird of MacNab. %1 CHAPTER IV. PROGRESS OF THK SETTLEMENT— PERSECUTJON. And now the settlers proceeded to make small clearances round their rough and primitive home- steads. In the midst of the dense and primeval forest— unaccustomed to such work— unused to the woods, their hardships and difficulties can scarce be described ; but manfully and courage- ously they set to work, undeterred by no obstacle and undaunted by no danger, however great. They looked forward to the future with glowing anticipa- tions, but thp-t future was darkened by clouds of ad- verse fortune and annoyances they had then no ex- pectations to encounter or to dread. The three months provisions with which they had been fur- nished at Greenock, by Dr. Hamilton of Leney, were nearly exhausted, and something must be done for their families, and to procure seed for the fall and coming spring. They had been informed that Chief McNab would furnish them with a year's provisions, a8 The Last Laird of MacNab. ' Mi'i which they would be called upon to pay for on real- izing the proceeds of their crops. They put full reli- ance upon this, and found soon after their arrival that the Laird could not supply them with even the bare necessaries of life. They discovered, when too late, that they had leant upon a reed and put faith in fallacy. They now saw that they would be com- pelled to leave off the clearing of their lands and go out to work for provisions ; consequently some went to a Mr. Thos. Burns, of Fitzroy, and worked with him at haying and harvest and potato digging, and earned provisions- others went to Beckwith and hired out-others purchased provisions on credit in i Beckwith. Now it became necessary to transfer to their families a sufficient supply to last till winter, f when the carriage would be easier as soon as sleigh- ing set in. There were no roads, but merely a path- way from Mr. Sneddon's in Ramsay to Beckwith ; the remainder -of the route to the Township of Mc- I Nab was down the Mississippi to the mouth, then up the Chats Lake to the mouth of the Madawaska, thence up the Madawaska River to the Flat Rapid I Settlement; and to other places by land on blazed! facNab. to pay for on real- TheypntfuUreli. after their arrival hem with even the covered, when too \ reed and put faith ley would be com- their lands and ^^o [uently some weut , and worked witb >tato digging, and to Beckwith and isions on credit in iary to transfer to to last till winter ' as soon as sleigh >ut merely a path say to Beckwith ; Township of Mc- le mouth, then up ' the Madawaska, to the Flat Rapid )y land on blazed The Last Laird of MacNab. 29 i)ath8 through the bush. Boats knocked to- (,.'ther in a rough fashion, and canoes rudely manu- ^actured, were improvised for the occasion, and imall loads were brought from "Murphy's Falls" in ihis manner to McNab. From Beckwith to the pre- leut "Carleton Place," and even to Sneddon's, loads •ere transferred on the settlers' backs. These were piardships indeed, and during the years 1825, 1826 jand part of 1827, this was the continual occupation |of the settlers. They had not yet realized enough nfrom their crops to support their families, because much of the time necessary to the clearing and cul- jtivation of their respective lots was occupied by hir- ing out to obtain the necessaries of life for their itarving families. They were often reduced to the ireatest straits : for days the wives and children of ihe settlers were kept alive by potatoes alone, with little salt as a relish, and when a bag of flour was ;ot by one neighbour, it was immediately divided among the whole. During the winter, however, after ;he experience of the first fall and winter, they laid [in a sufficient stock to last them for a year, which i 1 1 I^B^'''' 30 The Last Laird of Mac/Vak . I \m iiiM : lili ii; m % was partly paid for by the former summer's work and partly to be liquidated by the ensuing summer's labor. It was the custom of the settlers before going out to hire, to ask the Chief's permission, as their liege- lord ; and strict injunctions were given to all not to leave the township on any account without asking McNab's leave. This was carrying the Lairdship with a high hand indeed, and reducing the free-born Highlanders to the abject condition of Russian serfs; but they all oomphed without a murmur, judging from the bond they had sigoed at Lenney House that they were bound to obey their leader in all things. It was also another despotic rule laid down by the Chief that the timber on their lands belonged to him, and consequently they could not dispose of it. In this they all complied without remonstrance, except Mr. Alexander Miller, one of the settlers, who was well educated, and who before emigrating had taught the village school of Nineveh, a small hamlet half way between Loch Earn head and Callander. He remonstrated, and said that the locatees had a i JiUji. MaclVab. ner snmmer's work 3 ensuiug sammer's >rs before going oat sion, as their liege- giveo to all not to nt without asking ing the Lairdship icing the free-born Q of Russian serfs ; murmur, judging Lenney House that ider in all things, laid down by the s belonged to him, lispose of it. In t remonstrance, I the settlers, who B emigrating had \ a small hamlet d and Callander, le looatees had a The Last Laird of MacNab. 3, tight to the timber, and he sold all on his land to ^r. John Brill, formerly a lumbern^an in McNab WhentheChiefheard of this disposition of the' Mmber he at once made for the spot and ordered Mr ^t^W to desist or he would hold hin, accountable "And who are you? - exclaimed Brill, an old man- ••warvman and an athlete of gigantic proportions. '• I, sir, am McNau of McNab, and this township r :" '^'^^ ••« - ^' belongs to me." exclaimed the .hief pompously. «' But who are you. fellow ? •' "I'm Jack Brill of the Brilliants, sir, and if you on't clear out in five minutes I'll ,ope's-end you to our heart's content." said Brill in a voice of thun- ler, and lifting up a huge ox gad in amenacing atti- The Chief looked .gh„t „itt ^tonishment and aseUy „ti,ed „om the epo, vowi.g ™„go„„, te»..st»ll oonoerned; a.d before leaving this part K the narrative I „,ay as well state the se,„el. O^g to MoNah-s iofluenoe with the government, ''':'*" P*""- '"« -""'e amount of the daty f all the Umber he out on the township. 32 The Last Laird of MacNab. I m In the spring of 1826, Mr. Alex. Miller went to Ken- nell and asked the Chief's permission to leave the township to seek work for provisions. He was per- emptorily refused, and now commenced the first of^ a series of persecations, which lasted for sixteenj years, and which finally culminated in the liberation! of the people of the township from the thraldom oN Chief MoNab. Miller upon his refusal did not^ know what to do or how to turn. He had only sisj weeks' provisions in the house, and at the end oi that time he did not know where to look for a re- plenishing of this stock. He left the township with out permission and hired with Messrs. William audi John Thompson, of Nepean. While industriouslj employed in providing for his family he was sudden ly and unexpectedly arrested on a capias^ at the Id stance of the Laird of McNab, for a debt i"80, and brought to Perth ind lodged in jail. These were tbe ^ palmy days of tht '* family compact," and a pereoii could then be arres'ied for a debt of forty shillinga and deprived of his liberty for months, merely upoi an affidavit of the plaintiff that he believed the deb MacNab, The Last Laird of MacNab. iZ :. Miller went to Ken- rmissioii to leave the isioDS. He was per- )mmeDced the first of h lasted for sixteen ftted in the liberatioo^ rom the thraldom of tiis refnsal did not :n. He had only m I, and at the end of )re to look for a re- ft the township with Messrs. William audi While indnstriouslj tmily he was sudden | 3 a capias^ at the in for a debt ^'80, and jail. These were the J ipact," and a persoc ibt of forty shillings Bonths, merely upoi he believed the deb 3r was about to leave the Province. Better times Uve now supervened. The present generation may 30k back to the exertions of their fathers and grand- ithers with gratitude for the great and glorious jtraggles in the cause of liberty, and in erasing for- s^er from the Statute Book that barbarous law Im- ^risonment for Debt. Poor Miller lay in Perth jail for two days without iting any food, and would have starved to death ^ad it not been for the kindness and humanity of tr. James Young, then the benevolent keeper of the Dunty prison. This high-handed proceeding was laracterized by the greatest cruelty as well as pegality on the part of the Chief. Let the reader Bfer to the original agreement between McNab and |ir Peregrine Maitland's government, and he will a glance perceive that Miller had no right to pay cent, either of principal or interest on the bond he lad given to the Chief, and signed at Leney House, ^Gotland until seven years after the date of his loca- ion;yet, notwithstanding this solemnagreement--not- nthstanding all Dr. Hamilton's promises, the i 34 The Last Laird of MacNab. Mil! agreement was violated at the very outset, and his kinsman's promises— the gentleman, who, oat of his own resources, had paid the passage money of Miller and his family and the rest of the settlers to Canada — were treated as flimsy nothings, for at the end of only the second year of Miller's emigration, he was arrested and imprisoned, and his family left to starve. For six weeks he remained in jail before the settlers in McNab knew of his incarceration, but as soon as the intelligence reached the township the following settlers travelled to Perth, a distance then of sixty miles, though scarcely any roads but mere pathways, and went special bail, viz : — John Mcln tyre, James MoFarlane (Kier), Peter Mclntyre, Donald McNanghton and James McDonald, and poor Miller was liberated. The above persons were marked down as black sheep in the Chief's dooms- day book, and set apart for the next batch to be sued. The settlers engaged Mr. James Boulton to defend Miller, while the Laird of McNab's legal adviser was the late Daniel McMartin, Esq. The upshot of the affair was that tbe settlers were The Last Laird of MacNab. 35 acrificed for want of a proper defence, and each of the persons who entered as bail for Miller were compelled to pay about ^50 each. It was daring this memorable affair that the fol- lowing letter was written by Mr. James M oLaurin. one of the settlers who was located in the Lochwin- noch section of the township. When Miller's case came op for trial in April, 1827, it became necessary to prove the bond signed by Miller in Scotland Now Mr. Donald McLaren, the subscribing witness, was in Scotland, and his handwriting was proven by others. The defence was that McNab had not ful- filled his part of the agreement to put the settlers on the land free of expense, and moreover, that he had ordered some salt and a portion of their pro- visions to be destroyed. Mr. McLaurin warmly es- posed Miller's side, and in consequence was obliged to leave the township a few years afterwards, and he settled in the vicinity of the village of Renfrew. This is the letter :— t 36 The Last Laird of MacNab. m l!j! :| I llilll March 9th, 1827. Mr. Peter MoIntyrb, Dear Sir,— Please send me notice concerning Miller's affair, for I am informed he is dropping all and coming to the land. I wish to let you know that the Chief intends to cast yon all as evidences and take you as principals. Ross is to be taken in evidence on behalf of McNab. I wish to let yon know that I am the man who spilt the salt by Mc- Nab's orders, saying there was plenty on the spot. , Sir, please send me notice concerning a petition I was informed you got wrote in Perth. I hope you will count me worthy to sign it. Take some witness besides yourself to Perth and send me a letter with- out delay about all affairs. I will go as a witness. Remember me to all friends in that quarter that wish to give Satan a blow. I am, yours truly till death, (Signed), Jas. MoLaurin. I insert this letter to show that the spirit of dis- content was fast creeping in among the settlers, and that something like an organized resistance was commencing ; but it was not until ten years after- wards that it assumed form and consistency — but f*'" Vaf>. ch 9th, 1827. ioe oonoerning is dropping all let you know 11 as evidences to be taken in ish to let yon the salt by Mc- y on the spot, ig a petition I ih. I hope you :e some witness e a letter with- as a witness, it quarter that death, McLaurin. he spirit of dis- be settlers, and resistance was len years after- onsistency — but The Last Laird of Mac Nab. 37 Ito our narrative. All the efforts for Miller were vain; the Chief received a verdict, and in conge- quence of an error made by Miller of one day only I that he should have surrendered and relieved his bail, the Chief abandoned his judgment against him [and issued summonses against the six individuals I who went his special bail. For many months he Icouldnotget them served, and McDonald and Mc- Fariane were never served. Whenever a stranger appeared in the Flat Rapid settlement, a horn was blown as a signal, guns were fired at every house and the male inhabitants hid until the stranger disappeared. It was after many months of stategic manoeuvering that four of the six " black sheep" were served, and they subsequently had to pay the amount. Alex. Miller left the township entirely, and for many years taught school in the township of Beokwith. His death occurred as late as 1867. He was the first martyr to the Laird of McNab's despo- tism, and he was thus victimized as an example to the rest, if 38 The Last Laird of MacNab. CHAPTER V. NEW ARRIVALS. When McNab procured from the Government the " Order-in-Council " granting to him the privilege of settling the township, it was restricted to eighteen months, but in 1827 the Government, who granted his every request, extended it to an indefinite period. His power was almost unlimited, and none of the inhabitants for a moment doubted that it was his own property. Even as ite as 1827 the settlers looked up to the Laird of McNab with that degree of dread and awe that Highlanders regarded the Chief of a Highland Clan, and that deference was kept up for a long period, and not till every tie that binds man to friendship and respect was severed did it en- tirely cease. H^iller's treatment perpetuated a sentiment of respect in some, of fenr in others, so that nearly at the very outset of its settlement the Township of McNab was divided into two parties. ill ^'^. m Nab. The Last Laird of MacNab. 39 government the the privilege of )ted to eighteen it, who granted [ndefinite period, md none of the that it was his 827 the settlers bh that degree of garded the Chief Qce was kept up 7 tie that binds Bvered did it en- perpetuated a ?nr in others, so s settlement the into two parties, the Opposition and the staunch adhereniis of the Chief. When they first arrived, there were several lumberers carrying on their operations in the town- ship, viz : Alexander McDonnell, Esq., Sand Point; Duncan Campbell, Matthew Barr, the Goodwins, Messrs. Mitchell & Sutherland, and John Brill. It was the interest of these parties to keep on terms with the chief. For about one-fourth of the real value he gave passes to all cutting timber in the township. These parties never questioned his title to the ownership of the land, and even Brill, who had at first treated him roughly, was obliged to succumb and propitiate his favor. The settlers had about this time (1827) cut several roads through the settlements, and though rough and unfinished, serv- ed as channels of communication. It was in Janu- ary of this year that the Chief wrote to Dr. Hamilton of Leney, to send out more settlers. The Doctor, who had received some information of MoNab's treatment to the settlers, point blank refused to take any more interest in him or his affairs. This was an unlooked-for repulse. He had to settle the I 40 The Last Laird of MacNab. \ liii^: •liil I IWii! township in order to keep on terms with the Govern- ment of the day, which gave him every latitude, and did for him whatever he asked. Accordingly he pro- ceeded to Montreal, met with some emigrants (1827), and by glowing descriptions, plausible representa- tions and enticing promises, induced them to come to "his township," among whom were the Hamil- tons, the Wilsons, and Mr. David Airth, sr., now of Renfrew, and he located them upon lands at the ^ rate of half a bushel of wheat pot acre to be paid him and his heirs and successors forever. Here the reader will perceive that by the wording of his loca- tion tickets, he already contemplated the establish- ment of a principality on the Ottawa. Mr. Airth, soon after his arrival, discovered that he was en- titled to a grant of 200 acres, as a sergeant in the Boyal Artillery. He consequently left the Goshen settlement of McNab and drew land in the neighbor- ing Township of, Horton, where he at present re- sides. About this time (1829) Messrs. Alexander and Daniel Boss, having made improvements on Lot No. 3, in the 14th concession of McNab, with the Nab. rith the Govern- ry latitude, and >rdingly he pro- uigrants (1827), ble representa- tbem to come 'ere the Hamil- Irth, sr., now of on lands at the acre to be paid 3ver. Here the ding of hia loca- id the establish- (ra. Mr. Airth, bat he was en- sergeant in the eft the Goshen in the neighbor- at present re isrs. Alexander vements on Lot iNab, with the The Last Laird of MacNab. 4t intentions of erecting mills on that lot which is now partly occupied by the flourishing village of Arn- prior, would not agree to the Chief's terms, as the lot was originally a Clergy Reserve. The Chief ex. changed it for another lot, drew the patent in his own name, and ejected the Rosses who, as has been before stated, went to Lower Canada and settled in Bristol. They wrote an anonymous communication to Lieut.-Governor Sir John Colborne (Baron Seaton), severely reprobating the Chief 's behaviour, and animadverting in no measured terms on the conduct of the Government itself. This document was without a signature, and without either locality or date. The high-minded and honorable soldier who ruled Upper Canada, scorning such a mode of attack and complaint, at once sent the communica- tion to the Chief. They were intimate friends. Sir John had offered McNab a place in the Govern- ment and a seat in the Legislative Council, which was politely declined. The Chiefs afifable manner, his imposing and noble appearance, the manly beauty of his person, and that chivalrous politeness which ■'I 42 The Last Laird of MacNab. H i ■!il ■ !■ 111 r;'^ be bad acquired in France, togetber witb bis gener- ous expenditure, botb at borne and abroad, bad so won on tbe Lient.-Governor tbat be could not believe tbe aocomplisbed gentleman was a tyrant, nor tbe bandsome Higbland Cbieftain a cruel despot, as re- presented in tbe letter, and if one statement appear- ed false, tbe wbc'e must be witbout foundation— tbus reasoned tbe simple and bonorable soldier. Besides, tbe complaint was anonymous and conse- quently cowardly and untrue. It was attributed to ingratitude and discontent. Wben tbe Laird of McNab received tbe communi- cation, be was surprised at its audacity. To dis- cover its autbor was bis first object, to puuisb bim bis next effort. Being witbout a name it did not come witbin tbe category of privileged communica- tion, and consequently tbe autbor in tbose days was liable to punisbment. He, on tbe impulse of tbe moment, selected one of tbe settlers as tbe autbor — one Alexander McNab, wbo bad been a teacber in Scotland, and who bad specially emigrated to Cana- da to follow bis profession. As such he received m r cNab. r with his gener- abroad, had bo could not believe I tyrant, nor the lel despot, as re- batement appear- »nt foundation— norable soldier, mous and conse- fras attributed to ed the commnni- idacity. To dis- it, to pnuish him name it did not )ged communica- Q those days was e impulse of the rs as the author )een a teacher in igrated to Cana- uch he received The Last Laird of MacNab 43 the location ticket for 200 acres instead of one, as had been awarded to other settlers. He was now the only educated man among the settlers. He had shown symptoms of insubordination some time previously. His handwriting was very like that of the libellous communication. He resided within two miles of Kennell Lodge, near the present Flat Rapid Road. His place is now occupied by his son- in-law, Mr. John Yuill. He received a peremptory summons to attend upon the Laird. At once obey- ing the mandate of his Chief, he appeared before him anxious and apprehensive. The missive he re- ceived was couched in these terms— not by any means calculated to remove hia apprehension :— Kennell Lodge, 13th March, 1829. Alexander McNab: Degraded Clansman,— You are accused to me by Sir John Colborne, of libel, sedition, and high trea- son. You will forthwith compear before me, at my house of Kennell, and there make submission ; and if you show a contrite and repentant spirit, and con- fess your faults against me, your legitimate Chief, 44 The Last Laird of MacNab. i !i ! i Uj ii and yonr crime against His Majesty King George, I will intercede for your pardon. Your offended Chief, (Signed) McNab. When he appear srl ,t Kennell, McNab read the communication and asked poor Sandy to confess. Mr. McNab stoutly denied it. He was completely astonished and indignant at being thus charged and asked to acknowledge a crime he had never contem- plated, and which, if his name had been afl&xed to it, would have been a privileged communication and beyond the bounds of prosecution. " Well, my man," exclaimed the Chief, " I must send you to jail, and I assure you that your neck is in danger." Alexander McNab was an innocent man, and had a bold and courageous spirit. Instead of begging for mercy, he defied the Chief. This was enough. The least opposition was sure to raise a whirlwind. He drew up a warrant of commitment, swore in two special constables, and sent Alex. McNab to Perth without bail or mainprize. He was six weeks im. -« ^acNab. The Last Laird of MacN'ab. 45 ity King George, I jnded Chief, MoNab. McNab read the Sandy to confess, e was completely thus charged and lad never contem- ad been affixed to )mmnnication and e Chief, *'I must that your neck is ent man, and had ead of begging for was enough. The a whirlwind. He mt, swore in two . McNab to Perth ^as six weeks im. [>risoned when the Assizes came on. Defended by ^he Hod. Jonas Jones afterwards the late Jat'ge lones, of the Queen's Bench, he was at once acquit- ted, and the warrant of commitment was the subject )f amusement from its quaint and patriarchal style |to the lawyers and others assembled in Court. Uexander Ross, the writer of the alleged libellous bommunication, was iu Court, and if Alexander Mc- fab had been convicted, he would have acknow- ledged the authorship, and thus saved an innocent aan from severe punishment. For in those days the law of libel was very stringent and severe. It was a favorite axiom with both Judges and law officers of |he Crown " the greater the truth the greater the libel "—a doctrine now justly exploded and subject ^o merited ridicule. Alexander McNab returned to lis family in triumph. This was the first cheek |he Chief had received, and he resolved to punish |he " black sheep " the first opportunity that offer- |d. His name was accordingly entered in the pre- scribed list, wiih what results the sequel will show. The Laird of McNab was a Magistrate, and this 46 The Last Laird of MacNab. f case shows the despotic sway of the Family Com- pact. He had, without information laid, without examination, wibhoat ex parte evidence, acted as | witness, prosecutor and Judge ; and the first process issued was a warrant of commitment, so utterly ille- gal in point of force and substance that in the pro- sent day, no keeper of a prison would have received the person committed under it ; yet the Laird of McNab, instead of being dismissed from the Com- mission of the Peace, was warmly applauded for his energy and decision. Times have changed. The occurrence of such a betise in the present day would be denounced in no measured terms by the public opinion and by the press, until the perpetrator would have been brought to justice and adequately punished. Our liberties are so sacredly guarded, | our constitutional rights so well defined and protect- ed that such an outrage is impossible ; and this we owe not only to responsible government, which was attained in 1841, after a severe and protracted strug gle, but to the spirit of liberty it infused, and to the wholesome and salutary safeguards introduce^. m MacNab. )f the Family Com- ^ ttion laid, without evideuoe, acted as nd the first process lent, so utterly ille- oe that in the pro- 'ould have received ; yet the Laird of ed from the Com- IT applauded for his ve changed. The present day would Brms by the public Dil the perpetrator ce and adequately sacredly guarded, efined and protect- sible ; and this we rnment, which was d protracted strug nfused, and to thej ds introduce^. jL he Last Laird of MacNab 47 Cfl AFTER VI. FRESH ARllIVALS. The Chief being a Magistrate, had, by the law of the land, the power of celebrating marriages, after banns had been duly published. The mode of pub- ishing banns was by fixing written notices upon three of the most conspicuous pine trees in three public places in the township. The first marriage ifter this primitive fashion among the settlers was Belebrated by the Chief at his residence, between [r. Matthew Barr, a lumberer, and Miss Elizabeth Iclnfcyre, daughter of John Mclntyre, the oldest settler, who came out in 1825. After Mr. Barr's larriage, frequent inter-marriages occurred among the settlers, and since the trial of Alex. McNab, latters had subsided in<;o a state of tranquility. Uex. McNab left the township, but his family still remained, cultivating and improving the farm. He, limself, travelled westward, and obtained a school t 48 The Last Laird of Mac Nab. r I : : ! which he tauKht for some years. About this time (1830), a fresh accession of settlers increased the numerical strength of the inhabitants. They con- sisted of the McNabs, the Camerons, the Campbells, the McKays and the McNevins from Isla, and they took up land in the rear of the township, where there was a good hardwood country, viz., on the first, second, third and fourth concession, embracing the part of the country lying around White Lake, and what is called Canaan. The arrangements entered into with these settlers, whom McNab met in Montreal and induced to settle in what he called " his twwnship," differed from all the rest. It will be borne in mind that they paid their own passage money and expenses to McNab Township. It did not cost McNab or his friends in Scotland one single penny— yet, in direct violation of the Orderin. Council, quoted in the second chapter of this narra- tive, he located them as follows ;— I. [copy.] I, Archibald Mcx^ab. of McNab, do hereby locate you, James McKay, upon Lot No. 18, in the Second The last Laird of MacNab, \\ j 40 concession of McNab. upon the following terms and conditions, that is to say :-I hereby bind myself my heirs or successors, to give you the said land free' of any guit tent or free rate, for three years from this date, and also procure you a patent for the same at your own expense, upon you having done the settlement duties, and your granting me a mort- gage on the said lands, that you will yearly there- after pay to me. my heirs or successors in the Chief- tainship of the Clan McNab forever, three barrels of ilour, or Indian corn, or oats of like value, in name of Quit Rent, and fee duty for the same in the month of January. Your subscribing to these conditions being binding upon you to fulfil the terms thereof. Signed and sealed by us at Kennell Lodge, this Twelfth day of August, 1830. (Signed) Archibald McNab, [L. S.J (Signed) James McKay, [l. S.l In Montreal he met these people, told them he had a township of his own on which he would place them at a merely nominal rent-a trifle-that the iand was fertile. It was a Highland settlement, etc. His affable manners, imposing appearance, kindness «... '* ■i \ 1 A 50 The Last Laird of MacNab. m and condesceDBioD had its desired end. The poor settlers in their inezparienoe and simplioity, thought that three barrels of floar for 200 aores of laud was a mere song. These people had been accustomed in the old country to see two or three hundred pounds annually paid as rent for similar quantity of land, and they eagerly embraced his offer and settled in McNab. It was there they found out by experience the difficulties and hardships and labor they had to surmount in the arduous task of clearing the land for agricultural purposes. They then discovered that a lien upon their lands of three barrels of flour a year in perpetuity, was a heavy tax upou their industry and the proceeds of their labor, crippl- ing their resources and cramping their energies, when they considered that it was imposed on themselves and decendants for ever. Both the settlers and the government were imposed upon, the settlers in be- ing led to believe the township was bona fide the Chief's, the government that there were new settlers brought out at McNab's expense. The first settlers had now began to pay their rents. They found that !l!!il 'tj Ij.: 'Nab. end. The poor iplicity, thought srea of laud waa 1 accustomed in iinndred ponuda uautity of land, r and settled in it by experience bor they had to [earing the land ihen discovered iree barrels of eavy tax npou Bir labor, crippl- c energies, when i on themselves settlers and the a settlers in be- LS bona fide the are new settlers he first settlers rhey found that The Last Laird of Mac Nab, 51 the bushel per cleared acre was a heavy burden, and they had to subsidize the amount by working on the Chiei's farm at Kennell. From some (the Flat Rapid settlers), he had as yet received nothing. They had become involved in the MUler suit and fell into arrears. Becoming disheartened, the McFarlanes and the McDonalds left the township entirely and went to Calabogie Lake, and James McLaren abandoned his lot, and settled in Horton within a short distance of the present village of Renfrew. * Those who did pay the rent endeavored to procure some reduction. At length, in 1881, a Government commissioner was sent out to see how the settlement was progressing, and upon the complaint of the setUers, with the concur- rence of the Laird of McNab, a redaction was promised to one-half, that is, one-half bushel per cleared acre, but this promised was never fulfilled. The full bushel was exacted, or a demand made for the passage money and intereest. McNab received the duty off every stick of timber cut upon their land by the lumberers J nothing wi^s allowed them Wk fl:n 1 52 The Last Laird of MacNab. for this, and it has calculated that the Chief drew about ^30,000 from this source during the time the Township of McNab was under his control and super- intendence. Whenever the Laird received a large amount from timber dues it was his custom to make periodical excursions to Montreal and Toronto. At Montreal he picked up settlers, at Toronto he hood- winked the government. At both these cities he indulged in lavish expendi- ture, gave dinners, and entertained his friends and flatterers with the profuse generosity of a high- souled and magnanimous Highland Laird. When his funds had dwindled away by this exhaustive line of conduct, he returned to Kennell, and there his hospitality was proverbial. No weary and travel- worn wayfarer ever reached his Highland home in McNab without receiving a cordial welcome. Hon- orable poverty was treated with as much kindness as titled wealth. Prodigal in his hospitality, as well as in his promises, settlers from Perthshire and other places flocked to his Township, and in 1832 his do- main began to show signs of life and prosperity. The Last Laird of MacNab. S3 »*l ) Chief drew the time the rol and super- 3ived a large bom to make roronto. At Dto he hood- 'ish expendi- friends aud of a high- lird. When laustive line id there hiH and travel- nd home in )me. Hon- kindnesB as J', as well as '6 and other 832 his do- prosperity. With all his good qualities his conduct was character, ized by many pernicious drawbacks. He never for- gave. To oppose his wishes or his schemes was to provoke unrelenting hostility. To offend in the least or to offer the merest slight to his vanity or pride was to make a powerful enemy forever. Vindictive oppression and unabating persecution followed quickly and surely upon what he considered a wrong to his plans. his:dignity or his pride. He had erected his residence on the bold and high terraced acclivity on the banks of the Ottawa in close proximity to the mouth of the Madawaska, on the very spot where now stands the princely mansion of Mr. H. F. McLachlin. It commanded a panoramic view of the Ottawa and Chats Lake in all its solitude and wild grandeur. No clearance broke in upon the loneliness of the forest vista. On all sides of his abode were then trees and mountains, lakes and rivers j sometimes broken in upon by the passing voyageur or the adventurous lumberer, as they passed on to their annual labors. Here he dispensed the hospitalities of his race. Here he sat in state as lord of the manor and the patriarch of his clan. !ll"^ Hi %'■ 54 The Last Laird of MacNab. Here he listened to the complaints of his settlers and gave ear to one or two tale-bearers, who poisoned his mind against the ** black sheep " and shut up his soul to reconciliation or mercy. Here he devised plans for the future, either of punishment on the re- fractory or of schemes for his own advancement. Numbers of the settlers paid their rents regularly. Their sons had at this time (1832) grown up to be men — stalwart and hardy workers, and got employ- ment and good wages from the lumberers, and thus contributed to the support of their parents and their families. At this period, too, the time had ex^ pired, as will be seen on reference to the Order-in- Council of 1823, for the payment of their passage money unless compromised by rent. Now he was at liberty to proceed by law against the refractory. As I have before stated, the Flat Rapid settlers were the only ones that came beneath the banns of his vengeance for the part they had taken in the Miller case. They had as yet paid no rent. From them the Chief would receive no labor in lieu of rent. Their land was sandy and light and barely sufficed to support them. Bnt the Chief c^red not for this, The Last Laird of MacNab 55 They had opposed his vengeance on Miller in 1829, and now they must be made examples of as a warn- iog to the other settlers for all time to come. Writs were accordingly issued by Mr. MacMartin in Feb- ruary of this year against John, Peter and Daniel Maclntyre, Donald McNaughton, James McDonald, James McFarlane and James Maclaren, to recover the amount of their bond. These people got Intel- ligence of this movement and prepared themselves accordingly. A road had been cut from their settle- ment to KenneU and the mouth of the Madawaska through dense swamps. It was a good winter road, but almost impassable in summer. The late Mr. Anthony Wiseman undertook the service of the writs. Having safely arrived at KenneU in the be- ginning of March of that year, accompanied by a guide he proceeded to the Flat Eapids. The appear- anceof a stranger was the signal for the ox-horned tocsin of alarm. No sooner had he stepped within the clearance than his ears were greeted with the trumpet sounds of horns resounding and echoed back from clearance to clearance, accompanied by a regular f usilade of small arms. His asbonishment > f I S6 The Last Laird of MacNah. was qniokly dispelled when he reached the shanties. Not a single male inhabitant was visible. The woman of the house '' coald talk no English." Poor Wiseman was in a maze, he had to return as he came, bewildered and discomfitted. Several unsuc- cessful attempts were made to effect a service with similar results. It was two years before any of them could be served, and those were the two Mclntyres and Donald McNaughton. McDonald, McFarlane (Kier), and McLaren had left the Township and re^ treated further into the wilderness. All attempts to bring the latter V7ithin the jurisdiction of the law proved abortive. Messrs. Duncan and John Mc- Farlane, afterwards successful lumberers on the Madawaska, sons of James McFarlane of Kier, upon hearing of these proceedings, went to the Chief and offered him ^0 in lieu of passage money and in full of rent, but it was scornfully refused. " I don't want the money, my man," said the laird, '* I wish to punish the d d scoundrels." " Well, Chief," re- plied Duncan, "you will never get a copper, for this is the last offer we'll make," and to this day the Chief never received a farthing, through his own 'Hi The Last Laird of MacNab. 57 lis own obatinacy and determination to punish. An anee- dote is related of eld ''Bill Matheson," who was about that time Deputy Sheriff, which is worth men- tioning. When Wiseman and other bailiffs failed to get the « blister " clapped on the defendants, Mr. William Matheson swore he would serve them. Ac- cordingly he set out from Perth with an assistant, and reached Kennell in safety. Here he got a guide by the name of John Madigan, one of the Chief's servants. Madigan very reluctantly accompanied him, for he had a friendly feeling towards the people. Accordingly they set out. It was abouc the begin- ning of June and the mosquitos were to be found in swarms, especially in the swamps. Now, it was seven good miles to the nearest settler, John Mc- Intyre. Madigan came with them as far as Milk's meadow, about three miles distant from the Laird's ; he turned off upon a shanty road and pretended to have lost his way. Telling them to remain in the same place till he returned, Madigan, who was a bit of a wag, quickly took himself to the clearance of Mr. James McNee, the Chiefs piper, and having made a smudge at its outskirts quietly rested there •'U «...,,< II ■•»■ i|if 58 The Last Laird of MacNab. t till evening and then approached the house, told the story of having lost his way, etc., and remained there all night. In the meantime Matheson and his man staid in the same place where they had been left by their guide, vainly expecting his momentary return, ever and anon cheering up their spirits by frequent appli- cations to the brandy flask, which was usually car- ried about the person in those anti- temperance days. At length the shades of night warned them it was time to look out. They proceeded backwards and forwards, and became involved in the swamps, wet, footsore and splashed all over with mud. Shout- ing was useless, for there was no one to hear them. At length they made a iire and camped out all night. In the morning Madigan returned to Kennell, told his story and feigned sickness owing to what he called his exposure. A party was instantly formed to search for the lost officers of the law. About noon they were discovered in a sad plight and brought back to Kennell, and Matheson swore he would never return on such an expedition, and he kept his word. The Last Laird of MacN'ab. 59 CHAPTEE VII. •tx., < A DIGRESSION. In the fall of 1831 Chief McNab had become ac- quainted in Montreal with two young gentlemen of some capital, who had just emigrated. These were Messrs. George and Andrew Buchanan. He had persuaded them to settle in '• his Township." and erect mills. He spoke in glowing terms of the rapids at the mouth of the Madawaska, and of the advantages to be derived from an early settlement in that locality. Lavish of promises and protestations, he offered them the mill site free, and timber for sawlogs to any amount for an interminable length of years for a trifling consideration. Further, he claimed them as distant relatives, being descended, as he discovered, from a collateral branch of the Buchanans of Arnprior. The young men accompan- ied the Chief from Montreal, and proceeded up the river to inspect the place. Impressed with the favorable nature of the locality, they agreed to tbo III ■.' f ny ' Hiylfi i' • 11 ! 1 ; ■ '1 1 t 1 i lilll 6o 7Ae Last Laird of MacNah. m"^: :^'-Hi Chief's terms and named the place (in compliment to McNab, as well as on account o^ their origin) Arnprior, which name it bears to the present day. As has been before stated the Chief's grandfather on the mother's side was Buchanan of Arnprior. In 1745 he became connected with the rebellion, and on the final suppression of the revolt by the disastrous defeat of CuUoden The Buchanan was arrested, brought to Carlisle, where his offence against the House of Hanover was first committed, tried and beheaded. His estates were all forfeited with the exception of Leney, which he had previously as- signed to his daughter. In 1809^ JFxanois, Chief of McNab, uncle to the gentleman whose adventures we are recording, by his influence with Lord Bread- albane and the Scottish nobility, with whom he was a great favorite, owing to his eccentricity and origi- nality, procured a reversal of the attainder, and being the only legitimate heir, succeeded to the possession of the Arnprior estates in Kippin. In 1819, Archibald, the last chieftain of the McNabs, the subject of this narrative, sold the estates to a wauufacturer for ^80,000, and s(|uandered most of The Last Laird of MacNab. 6i the proceeds in Paris, and paid a small sum of it to Breadalbane. in part of his lordship's wadset against the Kennell estate. So that now a cotton spinner and cloth manufacturer is King of Kippin instead of the descendants of those who rivalled King James V. of Scotland in magnificence and hospitality The Laird of McNab. in detailing this piece of his- torical biography to Mr. Andrew Buchanan, sug- gested the name and it was at once adopted, and a glorious jollification of it they had at Kennell that mght. James McNee, in the full glory of a new set of pipes, decorated with beautiful ribbons, performed the part of the Ancient Minstrels at the castles of t .ir lords and blew forth in joyous peals the mar- tial strains of Scotland's music-strains that have led on the sons of the heather and hill to those dar- ing deeds of bravery and dazzling exploits of valor that have adorned the victories and triumphs of Britain in every age, and still have the same exhil- arating effects wherever the trump and the drum the roar of cannon and^ the clashing of steel, pro' claim the strife, the battle and the victory. And thus the Arnprior of Canada was named, thus Arn- n ». < I , m\ r ' .1 4 '•1 m t;i IP^ 62 The Last Laird of MacNab, m. m prior of the Ottawa came into existence, a village which many years afterwards was visited by the eldest son of our gracious Queen, the descendant of that house to which tiie forefathers of the Buchan- ans of Arnprior were opposed in deadly strife from pure but mistaken loyalty to an unfortunate race of princes, whose tyranny and violation of constitu- tional rights drove them from a throne of now the greatest and proudest united nation in the universe. The arrangement between the Laird of McNab and Messrs. Andrew and George Buchanan was finally concluded. MoNab was to give them a free deed of lot No. 3 in concession C of McNab, subject to the reservations in the Patent from the Crown, and permit them to cut all the timber within three miles of the Madawaska river for saw logs, while they or their assigns occupied the mills. On their part they and tbeir assigns were to pay the Chief for this privilege £300 per annum. In January, 1832, McNab procured the Patent from the Crown, with certain reservations of a peculiar nature, which we will treat of hereafter in the proper place, and the Buchanans were making the necessary prepara- 1 h T/ie Last Laird of MacNab, 63 tions for bringine np goods in the spring, and of commencing at that season the erection of a grist and saw mill near the very spot where McLachlin's mills now stand. Mr. Rogerson. the manager of the Buchanans' concern, accordingly came up with the goods in the beginning of April, 1832, but he would not open a bale or make the least preparations for the works until the transfer deed of the Arnprior property was placed in his hands. Such were his instructions. It seems that the Buchanans had some suspicious conjectures respecting the Chiefs good faith, as he had taken the same lot from Messrs. Dan. and Alex. Ross, after they had begun to improve it, and even after they had made a con- siderable clearance upon it. The Chief reluctantly gave Mr. Rogerson the required transfer. It was executed on the 27th of April, 1832. The Buchanans gave the Chief a bond for the performance of their part of the contract, and immediately commenced operations. The land was cleared. Workshops built of logs were erected, a store and dwelling- house of the same rude material were speedily thrown up, goods were opened out for sale, and eij- «ii- A if ' 64 The r.nsf Laird of MncNnh. ergy and bnsineBB and work and stir and bnstle were in the height of activity. A large dam waB thrown completely across the Madawaska, and over the summit of the dam a bridge spanned the river from bank to bank. A grist mill was erected on the small island where now the present bridge rests one of its piers, and the saw mill stood exactly on the site of one of McLachlin's lumber mills, on the east side of the river. By the spring of 1833, all the works were in active operation. The mills were finished, saw logs were driven down the river, out up into lumber, and sent to market. A gang of eleven saws were kept continually at work, and Arnprior thejt\ bid fair to become the nucleus of tradp ^sSjoI manu- facture for the surrounding country, under the auspices of the Messrs. Buchanan. A medical gen- tleman named Dr. Higginson, was induced to settle in the neighborhood, but finding the people too robust and the climate too salubrious, he was com- pelled to " vamoose the ranche." Mr. Andrew Buch- anan was appointed a Justice of the Peace, and be sat with the Chief to adminster the law, and also acted the part of clergyman in celebrating the mar< t I The /.nsl iMird of MncNnli «5 """' °'""""'^ '" '"e absence of the Chief A .»«.be,«f emiKr„t. from Scotland settled ia the owa,h,p thi. ,ear (1883, They we„ pri„oip.„. ^00. B„.a.,b.„e, a»d it waa about thi, time thai Mr. James Morris, father to the Hi«h Sheriff of the Coa»ty Of He„,re„, took „ptis abode i„ the Canaan settlement of McNab. The settlers had a peculiar ^.«..«,/ for giving scriptural names to the several settlements which continue to this day and are used « common parlance. Thus they have Canaan on he 2nd hue, and Goshen on the 4th and 5th. Dan on ''; y "'•"« "' "'^ M-'O-aska, etc.. etc. The Ch.ef was now receiving the rents pretty fairly. He bad a number of settlers who looked upon him with respeotandawe, and they thought that the Flat Eap,d people were in a state of sinful rebellion. The following letter, written by the Chief about a.s t.me, shows the kind of feeling that prevailed at the time between himself and the majority 0' the settlers. It was written to a person then on the most friendly terms with him, who ftom the force of circumstances i>ve years after- w».^ds, foupd himself impelled to join the other V, *i ii *• '''! ii i I i 1 . ii " 66 The. Last Laird of MacNab. 1 1 1 settlers in a strong remonstrance to the Govern- ment. [Copy.] Kennbll Lodge, October 16th, 1832. Mr. Matthew Barr : Dear Matthew, — I again am to trouble with more letters. This will be put into your hands by James Dunlop, his brother accompanying him. He wishes to have 100 acres of land, and if you could show him a half lot of land that you think would suit him, I will thank you to point it out to him. I am certam Donald McNaughton or Donald Fisher will give them a night's lodgings if your house be throng. Excuse this and believe me, Yours truly, (Signed) McNab. There were no taverns in those days, but the people were, as they still are, remarkably hospitable. The Chief always signed himself "McNab," ex- cept in legal documents, and considered it a gross insult to be styled Mr. McNab. It was in the commencement of 1834 that McNab procured judgment against Donald McNaughton, Sr., John Mclntyre and Peter Mclntyre, tor the amount The Last laird of MacNab. 6, ofthei^bona. The others Of the ..black abeep . . 2beeffo,t,oftbeShe.ffa«dhi»banift.BoJ McIoty„ c..e to the Chiefs tern>s a.d settled with ".m. It was about this time too that the Baohan- «sa,.dMcNabhad a serious ,„a„e, „,.,„,„ Powel. had been memhe, o, the U^islature tor wh.hM„Nabhe,d the township. George Buoha' ah.d.a„ied his ,ister,aud the fact came out that •.owaso«,ya.a«eutf„rtheG„™„meut,coJ quen^^ „ben the anuua, subsidy of .800 became that T :?"'" "'""' '° ^*^' "'«» '"« ««-^« "" "^^ "^ ■"- -^-e^ to sigu the bond under m.arepresentations. McN.b instantly went to ,aw and .nvoUod the common iaw courts to his aid. The Buchanans appealed to Chancery for. an investiga- t.on up„„ ,,, ^„„„^^ ^^^ ^^^ ^^^^^ H^ Buchanans, on their side, stated that the Chief had a "owed Matthew Barr, Mitcheil , Sutherland, and otherlumbererst.make timber on the particular >o<»..t.es set apart for them, .i... „,^,^ ^,^^ -.i» on both sides of the Madawaska, and had •iff ..I'- i ;! .j< 68 The Last Laird of MacN'ab. therefore broken his contract. The injunction was granted, and both parties were induced by matual friends to leave the matter to arbitration, which was held at Fitzroy Harbor during the fall of 1835, and the arbitrators decided against the Chief. McNab then appealed to Chancery, and the case was going on when the Buchanans failed in 1836, and handed over the property to Messrs. Gold, Simpson & Mit- tleberger, and McNab lost the whole. The Buchan- ans had offered to compromise the matter by giving the Chief £150 per annum. This McNab indignantly refused. ■111^ iili Si' Ifi The Last Laird of MacNab. 69 jt CHAPTER VIII. NEW SETTLERS-SHBRIKF'S RAID-INCIPIENT RKUEL- LION. In the year 1834 a large party of Highlanders from Blair-Athol arrived, and finally settled in the town, ship of McNab. They were hardy, healthy, robust and industrious men. They consisted of the Mc- Lachlans, the Stewarts, the Fergusons, the Robert- sons, and the Duffs. The majority of these families still remain in the township, although some of them , as late as 1849 and 1850, removed to the Huron tract, and remained there . This was a great acqui- sition to the numerical strength of McNab. Being all located on lands of their own selection, assisted in this choice by others of their countrymen whose long residence had given them experience and know- ledge, their location tickets were similar to the last band of settlers, with the exception of a new feature which was introduced into their agreement by the Chief, that "all the pine timber was reserved for the use of the Arnprior mills." Their lauds might I h , %K ft i I, 70 • The Last Laird of Mac Nab. be slashed, trees might be felled, roads cut through their lots, brush and rubbish and treetops acoumu- lated, ihus increasing the difficulties of clearing, and no compensation made for anything in the shape of a recompense or remuneration for the greater labor thus imposed, ever ofifered to them. They were, of course, serfs. They must submit without a mur- mur to their liege lord, and to those to whom he had partly assigned his rights, or his assumed rights. They did for a time acquiesce, believing that the whole property was McNab's, and that he had the right to dispose of it as he pleased. The question was afterwards tested in the law courts of the. country, and there was then discovered by the peo- ple that the " Law of Trespass " existed in Canada as well as at home. Matters went on smoothly and tranquilly until the first Monday of January, 1835. Then an event occurred that sent an electric shock through the whole settlement, and the people looked on in consternation and apprehension. The town ship had by this time been regularly organized. They had ome under the jurisdiction of the quasi Municipal Law as then administered by the Quarter ^? , The Last Laird of Mac Nab. 71 i % through accumu- riog, and shape of ier labor were, of I a mur- 3 be had I rights, ihat the had the (aestion of the. ihe peo- Oanada bly and 1^, 1835. shock looked town mized. J quasi Quarter Sessions, composed of broken-down gentlemen and half.pay officers from Richmond. March, and Perth. Every half-pay oftaer was made a justice, and every justice was a Socrates, combining in his person a knowledge both of military and civil law ; but in their judicial decisions (and they were sometimes very lucid, especially when good old Jamaica used its influence,) the martial prevailed over the civil This court, besides taking cognizance of assaults * petty thefts, and misdemeanor, laid out the stattcte labor, expended the taxes, and administered all the internal ana municipal concerns of the District. The executive municipal officers were elected by the people at their annual meeting held in January. Tiie officers then chosen were Town-Clerks. Assessors Collectors, and Pathmasters-all of them under the authority and jurisdiction of their Worships, the military and dilapidated Dogberrysin General Quar- ter Sessions assembled. The town-meeting of 1835 for the towoship of MoNab wa« held in the ahanty of Mr. John Mcln tyre, in the Flat Rapid settlement, beins the central lot of the township. It had juet concluded its ses- ■li :, 72 The Last Laird of MacNab. Bion.- AlmoBt all the male inhabitants of the town ship had assembled, more for the purpose of seeing each other than for the business they had to trans- act. They knew that the Chief was able to manage all the business of the township if they did not at- tend. The people were about to disperse, and were standing at the door, preparatory to their departure. All at once a Deputy-Sheriff of Perth, with a posse of bailiffs, made their appearance, and having seized all John Mclntyre's cattle, were driving them off. Mrs. Molntyre, with the spirit and courage of her grandfather, who had fought at Culloden, regardless of law or of the consequences, rushed with a wooden pitchfork on the bailiffs and belabored them sound- ly, till she was disarmed and carried off a prisoner to Kennell. All her cows and all the cattle of Peter Mclntyre were swept away, under the execution ob. tained a year before, but which could not previously be enforced. Takmg advantage of a large assembly, and seizing the opportunity of making a durable ex- ample before the eyes of all the settlers, that they might continue true to their allegiance and not swerve in the slightest degree from their future The Last Laird of Mac Nab, n loyalty to the Chief, MoNab improvised the occasion, and completely effected his purpose. This judicial raid filled the minds of the people with anxiety and apprehension, blended with pity for the sufferers. To assist the Mclntyrsr was to impoverish them, selves, and provoke the undying enmity of their leader. That year the rent was well paid : not a bushel was withheld. What had occurred to John and Peter Mclntyre might auy day happen to themselves. The Laird was all-powerful. He was supported and assisted by the Government. He held the social position of a great gentleman, and was undoubtedly a Highland Chieftain-reduced in cir- cumstances, it is true, but still the legitimate head of a clan, which office had been hereditary in his family since the days of Malcolm Canmore. To op- pose him was useless, and not to submit and obey was worse than madness. Those who had not yielded implicitly to his commands had come to grief. Both Miller and Alexander McNab had been compelled to fly the township ; and now the Mcln- tyres had been harried and ruined. Thus reasoned the poor Highlanders of McNab; and had the Chief '« ' <« llMi 1 i ■! 74 The Last laird oj MacNab. li at thia juncture used his power -and influence with moderation and prudence, the chains of feudalism would have been firmly riveted around the necks of his followers, which nothing but a legislative enact- ment, backed by adequate pecuniary compensation, could have burst asunder. Mrs. Mclntyre, without, as much as a cloak, was hurried to Kennell in the dead of winter, but was released next day by the advice of Mr. McMartin, who was there at the time. She had suffered so severely from exposure to the cold that she was confined to her bed for weeks. The cattle were sold and barely paid expenses. It was no joke to travel with an execution any dis- tance in those days. The expense was enormous, owing to the paucity of travelling facilities and the state of the roads In the fall of this yeai the Chief turned his atten- tion toward the back settlement of the township. He had heard from the settlers and others that there was a good tract of ha.dwood land around White Lake. Thither he betook himself in October. He sent the ^^ fiery cross- \htoxig\x the people, and assembled on a spot where the village now stands The Last Laird of MacNab. 75 a large concourse of settlers to assist him in making a new colony. A few acres were instantly cleared, and a small stone house with pavilion roof was erected, which he named Waba Cottage. The Chief's first motive for settling here was to be at a distance from the Buchanans, with whom he had quarrelled a few weeks before he began his new undertaking ; but upon inspection he at once per- ceived the natural advantages for milliug purposes, and the employment of all kinds of machinery af' forded by Waba brook-the outlet of the lake,- and it was judged both profitable and expedient to secure the land in this neighborhood for his son Allan, whom he represented to the Government as a settler ; and his pliable friend, Sir Francis Bond Head, Lieut-Governor of Upper Canada, the year following made and ordered out a patent for 720 acres, round the lake, to Allan MoNab, as a settler under McNab of McNab. This was making a splendid provision for his son {by the bar sinister) without- impairing his own grant of 4,000 acres-an amount of land formerly given to a field-officer. While these transactions were going on about .11 -m If- •'.., t *.: . 4t '\ *" J ■ -1 i fft ■ :^^l ill 76 The Last Laird of MacNab, if; ! White Lake, kt us tur... onr eyeH to other portions of the towDHiiip. where improvements were being stead- ily made, and the furthering of which was the origin of a quarrel with the settlers which led to impor- tant results. The lands on the north aide of the Madawaska were being apidly filled up, and it be- came necessary to connect both sides of the river by a bridge at '• Johnson's Hock " (the site of the pre- sent Burnstown Bridge). For this purpose, through the representations of the Chief, the House of As- sembly, in February, 1835, on the motion of the Hon. Malcolm Cameron, granted a sum of money for that and other improvements, and appointed Duncan McNab (Auchessan), Donald McNaughton, (Mohr), and James Carmichael commissioners to superintend its expenditure. These were the men nominated by the Laird himself. They were his particular friends. They, he imagined, would do as he bade them, and expend the money as he desired. It was i;200. A moiety of this money was to be appropriated to the Madawaska bridge. The Gov- ernment handed the money to McNab to bring down to the commissioners. McNab called a meeting of The Last Laird of Mac Nab. srtioQs of ng stead* ihe origin impor- e of the ad it be- river by the pre- through B of As- of the money )pointed Qghton, Ders to be men ere his d do as lesired. ) to be e Gov- ? down biug of 77 these gentlemen to ascertain their views He wished the other half to be expended at White Lake. To his otter astonishment the con,n,iesioner. refused to accede to his proposal. They were inde- pendent n>en. They had paid their rents regularly. They had nothing to fear from the Chief. They firmly but respectfully suggested the plan of divzd -g a portion of the funds among other parts of the township. The Chief fumed and puffed with indig. nation at their presumption of even remonstrating • Then, my men," exclaimed he, foaming with rage. « you don't get the money at all, I will send It back to York." Tbey begged him to recoosider hi. resolution, .nd offered to expend^50 o, the money .t White Lake. No ; not one farthing shall be spent elsewhere. yon W.11 suffer, my men. for this disobedience The tete of Miller and the Mclntyres shall be yours ■' Thereupon Duncan MoNab, who was not only a -ttler but a lumberer, and had squired considerable wealth, told the Chief flatly that he was nothing but an agent ; that George Buchanan had found it out Md that the people were aware of it, • \\ 11 ' ill I , ■'.. ' * ii 78 The Taisi r.aird of MacNah. '^'\ i -ifl The Chief stared at him as»ha8t, rolled np his eyes, made a number of pantomimio gestures, at which he was an adept ; and terminated the interview by ordering them out of the house. This dispute event- ually culminated in a law-suit, and four years elapsed before the money was obtained from the Chief, and expended. While the Chief was building his cottage at White Lake, and disputing with the township commission- ers, the! Messrs. Buchanan were actively engaged in carrying on the improvements and investing capital in a new enterprise. Since the first settlers had taken up their locations in McNab, a regular line of steam- boat communication had been established between Montreal and Fitzroy Harbor (the Chats). The Ottawa plied between Lachine and Carillon ; the old Shannon performed ics regular trips between Grenville and Bytown ; and the Lady Colborne made its tri- weekly voyage between Aylmer and the Chats. The Messrs. Buchanan resolved to ex- tend the communication to the Cheneaux, Accord- ingly, in the autumn of 1835, they commenced mak- ing preparations to build the George Buchanan ; the The Last Laird of MacIVab. 79 keel waBlaid--the .ate. w r-- ured-ahlp-builders 111 and died. This was . nar' W fco H,« , '"' ''w to the prospects »be Coa.pa.y. The dee..*a wa» a «e«)em.» „, eauoation, ability a.,i ene,,y , aad the assistance b.s great oo„.eroial abilities was m„„h needed •t this Crisis. Mr. Buohanan was baried on a knoll 0" the west side of the Madawaska. The spot is "ow occupied b,- the house «ud store of Mr. Willi.„ rm ''""■''"» '<"""""»«"ci.g their building in 1863, Messrs. Russell caused Mr. Buchanan's re- ■»a.ns to he removed to the Inch-Bhui burying r :' " *""•""■ » "-"«"' -pot at the n.o„th „' the Madawaska, consisting of two acres specially «-ted by the Chief as a burying ground for th township. At this eventful period the dispute between Mo- Nab and the Buchanans was aUts height. McPhee. a foreman of theirs, had that season n,ade an i„. mense quantity of saw-loga on the settlers- lots for to the boon> at Arnprior. To embarrass the Buchan. aos was now his object and delight. By the word- il 8o The Last Laird of MacNab. 'n\ ing of the patent from the Crown, certain reaerva- tiona and restrictions were made with respect to the river, and notice was served on Mr. George Buchanan and by the Chief's legal adviser that an injunction would be moved for in Chancery to restrain him from violating the restrictions in the patent, in consequence of which a new boom had to be made further up the river, where the lands were not severed from the Crown. As this patent is of the utmoso consequence to the people now, and to the lumber trade on the Madawaska, the writer has, with no small trouble, obtained an exemplification of the original deed. It is as follows :— PROVINCE OF UPPER CANADA, | Georgo the Fourth, p. maitland: J by the Grace of God, of the United Kingdom of Great Britain and Ireland, KING : To all whom these presents shall come, greeting : Know Ye that We, of Qur special grace, certain knowledge, and mere motion, have given and granted, and by these presents do give and grant unto Archibald McNab of McNab, of the township of McNab, in the County of Carleton, in the District of Bathurst, his heirs and assigns forever, all that The Last Lair,1 of Macffab. 8i parcel or tract of land sitaate in the township of MoNab, .„ ,,e County of Carteton, in the District of Bathurst, ,n our said /'rovinoe, containing by ad- measurement Four Hundred and Fifty Acres, be the »ame more or less, being the South Westerly halves of Lots Three and Four, the North-Easterly half of Lot number Three, and the broken Lot number Five, « concession C in the said township of McNab • To- gether with all woods and waters lying .nd being under the reservations. limitaUons. and conditions nereiaaffcer expressed. (Then follow the surveyor's boundaries, which are «. the usual form, except the boundaries of number Five, which we transcribe:) Also commenoing where a post has been planted at the South- West ar.gle of the said broken Lot number Five, then north th.rty.six degrees wost thirty chains more or less to the Grand or Ottawa- River, then easterly along the shore to the mouth of the River Mada waska. then southerly along the water's edge of the said river, against the stream, to the southern limit of the said Lot. then south afty.four degrees west to the place of beginning, containing One Hundred and J< ifty acres, more or less. To have and to hold the said parcel or tract of land hereby given or granted to him the said Archi- ''' »<■ . of' 82 7%n,enoed a.a.„at the Chie,. While thia waa going en the Chiefhadpreoareda...,. agaioat John Mclntyre -d iaia ao„ Peter. In the dead of winter, in the Utter end o( January, 1886, the officers of the law m^e a raid into the Fiat Rapid aettlement, arreated and carried off the two nnfortnnate victi.a of the Ch.efaa„ger. The old man. John Mclntyre, waa then seventy yeara of age, and his son Peter waa in he prime of manhood. Their wives accompanied tbemtoKennell. The old man was not allowed an overcoat to keep the cold from hia attenuated frame Ha waa not permitted even to go to the honae for a change of clothes, for fear of a rescne. Peter Mc Intyre waa one of the peraons who, in company with John Buchanan, had aaaiated the Chief to fly from h.a anrelenting creditora at home; and these were h.a thanka, and thia the Ohiefa gratitude I Forget- ting former kindneaa and former aaaiatance in a presa-ng emergency, in thua gratifying hia vengeance and appeaaing hia mortified pride the poor Mclntyres werem^etoauffer. He had not apent a shilling of •'■'..,. '( :|^ 88 'Ihe Last Laird of MacNab. his own money in bringing them out. Dr. Hamilton and his sister, Mrs. Fairfield, had paid all the set- tlers' expenses, and had they known that McNab would thus use the power vested in him by the bond, they would have cancelled all the obligations it im- posed, and made the settlers a present of the con- sideration. The Mclntyres were brought to Perth. Peter Mclntyres wife's friends in Beckwith went se- curity for the amount, and he was speedily liberated. Donald Molntyre, sr., was also arrested, but his sons paid the amount, and demanded the patent. Old Mr. Mclntyre remained in the debtors' prison in Perth. He would allow no one to go security, or pay the amount. His feelings had been cruelly out- raged. He, who had so gallantly fought for his country, was now imprisoned for no offence, but for the sake of his own philanthropy. He had assisted Miller, and thus provoked the sleepless enmity of the Laird. When pressed to take bail the noble old man rose immovable as a statue, his white locks hanging over his shoulders in profuse masses like a patriarch of old, and exclaimed, " I will have no one suffer for me. My earthly pilgrimage will soon The Last Lamt of Mac/Vad. [amiltoQ the set- McNab ae bond, s it im- bhe con- Perth, ^ent se- beraced. but his patent. prison rity, or illy out- for his but for issisted mity of ible old 3 locks 3 like a ave no 11 soon 89 awc„e. Iwm„o.uo.ena.etoa,.whatloa..ot Tl'e old man remained imprisoned for three -onths, receiving the allowance of fl™ shiilin,, per wee,. One morning it was fortunate,, forgott n, a Mr. Mclnt.re was released. He went to a deso- iata home, and were in it not for exertions Of his two sons John and Daniel, Mr. Mcrnt,re wonid have enshed from sheer inanition. He never .ot over : '• '; ''"^"^" '" ""-y--. a^d then died broken- -earted. The Chief had ta.en everything he pos- ted, and left him without a cow, or even a soli, ta'yhen. A bnrst of indignation went through the wbole township against the Chief ; and even his .o.t.ntimatefriends and suhservient toadies could uot doiend h.m. Instead of this transaction heing a ~g to others, it proved the eontrar. It eaL "" ■"■ "'""''™' '-'■''"° "' «y»Pathy for the poor Batterers, and a determination of the seff » , "' "ine settlers to re- ' *""'" encroachments. The report the of . ill .i I 90 The Last Laird of MacNab. Buohauaus, that MoNab was only an agent, about this time spread through the township like wildfire, and it was generally believed that whatever the Chief might do with those who had signed the bond in Scotland, he could not pretend to harass those who came out at their own expense. The old set- tlers, with these four or five exceptions, eudeavored to pay their rent regularly, although the majority determined to use every legal means to get rid of it. Some even offered to pay up the passage-money, with interest ; but it was refused, the time for doing so having expired. Serfs they were, and serfs they must remain. The Laird became aware, through his spies and tale-bearers (in whom: he took great de- light), of this general feeling of dissatisfaction. He resolved to punish the whole township. Accordingly, in March, he and Mr. Richey, a brother-magistrate from Fitzroy, having been appointed by the Quarter Sessions to do the road business, sat to apportion the statute-labor. The Chief wanted a new road from White Lake to Bellamy's Mills ; consequently, all the statute-labor on the east side of the Madawaska was ordered to be laid out on the road. The place The Last Laird of M.uNab. 91 of labor was about tea miles distant from some of the settlers, homes. The labor 0. the west side of he Madawaska was ordered to be expended between A^^prior and the 2nd concession line, brinsin, some of the settlers away from their own roads, which very much needed a lar^e amount of work. This apportionment the commissioners determined to oppose as unjust and unreasonable. They ordered thepathmasters to lay out the statute-labor in their own divisions, irrespective of the magisterial flat. The same thing occurred next year-1837 The La.rd now resolved to punish both pathmasters and oommissioners ; the pathmasters by forcing them to go to Perth at their own expense to give evidence, and the commissioners, to indict them before the «™" 1.0 I.I m 2.2 IL25 ill 1.4 2.0 1.6 Photographic Sciences Corporation -G" ... ^ <^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 716) 872-4503 ^ ^ ""^ 4 •\^ C/j i % . ^O f>. 92 The Last Laird of MacNab. V- \ ■ m middleof harvest (August, 1837), were detained there four days, and on tht fourth were examined by the Attorney-General, Mr. W. H. Draper, (afterwards Chief Justice), and dismissed without a penny— dis- missed without even going before the Grand Jury,— because Mr. Draper found there was no case to sub- mit to the Grand Inquest. Thus, fourteen poor set- tlers and three commissioners, in the midst of their harvesting labors, were forced to go to Perth at their own expense, and when they applied to the Chief for compensation, his reply was, "My men, it is a Queen's case. I have nothing to do with it ; every man is bound to obey the Queen's summons." In the meantime the commissioners had obtained judg- ment against the Laird for the money granted by the House of Assembly. It was sent to the Chief. He had retained i'lOO in his own hands. The other £100 was in the County Treasury. The Chief immedi- ately gave an order for the money in the Treasury and told Mr. Radenhurst he would pay the remainder when the bridge over the Madawaska was contracted for. While these road disputes were going on, and the ued there ed by the fter wards nny— dia- d Jury,— se to sub- poor set- b of their h at their Chief for , it is a it ; every mH." In aed judg- 3d by the lief. He bher ^100 immedi- Freasury Jmainder utracted and the TAe Last Laira of MacNak 93 settlers were increasing in their disaffection and efforts of resistance, another act of injustice was perpetrated which never could have taken place nnderany other regime than that of the Family Compact-an act so gross, so cruel, so unjust in its consequences, as to shake the confidence in the in- tegrity of the Government. Sir F. B. Head was then Lieut-Governor of Upper Canada. Every measure calculated to promote the happiness and welfare of the people was frowned down, and every means used to build up and foster a small party clique at the expense of the people, met with his cordial approbation and support. A majorliy of the House of Assembly, led by Mackenzie. Baldwin Bidwell and Rolph, was against him and his govern ' ment. He ignored the acts of the majority. C H Hagerman bullied, or attempted to bully, the inde- pendent members of the House. He did the dirty work of * dirty and oppressive government. These were the men who were theu the bosom friends of the Chief. Sir F. B. Head and the Laird of McNab were similar in some traits of their character. Bond Head was pompous, vain and important ; the i.< . < »■' 94 The Last Laird of MacNab. Laird excelled him in these characteristics. The Lieut.-Governor had the airs of a dancing-master, and the braggadocio of a Gascon ; McNab possess- ed the same admirable qualities. Head was tyranni* cal and vindictive to all who opposed his measures : the Chief vied with' him in these peculiar attributes. Sir Francis was a clever writer, speaker and politi- cian. Here there was a dissimilarity, for McNab ir a great measure lacked these qualities. They were boon companions and swore eternal friendship. McNab asked for a patent of all the timber on the unlocated lots of the township. It was granted without hesitation ; and now we will revert to the facts of the particular case that the writer, is about to relate. One Duncan Anderson was locafjed by the Chief on Lot No. 14 in the 4th concesriion. Duncan McNab (Islay,) was located on Lot No. 18 in the 1st. The latter was a good place of business, and rather poor for agricultural purposes ; the former was a splendid lot of good arable land. Anderson wished to engage in business, having made a good land speculation in connection with McNab upon a lot they jointly sold The Last Laird of MacNab. 95 to Michael Koddy, ao will hereafter be seen in t.he report of the late Francis Allan, Esq. Duncan Mo- Nafc 7anted a good lot lor farming. They exchanged lots, and assigned location -tickets. D. McNab weat to reside in the 14th of the 4th, and Anderson took possession of D. McNab's land. The Chief ai first sanctioned the agr.^ement. It was nothing to him. His interests did not snffer by the transfer. A few months afterwards Duncan McNab had given some offence to the Laird. He served a notice xmoM poor Duncan to quit the place, as he disapproved of the arrangement, and intended to take out the patent for himself. Six weaks afterw'^rds he apph'ed to his friend, Francis ; and although a copy of the location ticket was fyled in the Crown Land office, and Dun- can McNab's name substituted for Anderson's in the diagram of the township, the patent was at once ordered to issue to the Chief. He immediately com- menced proceedings in ejectment. Poor Duncan did not know who John Doe and Richard Roe were. He went to Perth and consulted Mr. Radenhurst. who undertook the defence. In August, 1837, the case was brought down to trial at Nisi Prius, and a ver- .,:t'5i a!|/ 96 The Last Laird of MacNab. diet entered for plaintiff at one-shilling damages. The Hon. Jonas Jones tried the oase ; said it was a great hardship, and openly recommended it to be re- ferred to Chancery ^^i^y'm^^ that the oourts of law could give no relief to Duncan McNab. The Judge had made an error at the trial in not allowing the patent to be proved in the ordinary way. Mr. Rad- enhurst took advantage of this lapsus, and moved for a new trial in tertn, which he obtained. Leaving this matter for the present, as its termination be- longs to the record of a subsequent year, we now revert to stirring events in the township and in the province. In the fall of 1836, George Buchanan failed. The steamboat which he had built had just received its engine, and the George Buchanan had made one trip to the Chenaux. The whole estate and busineps was transferred to Messrs. Simpson, Gould & Mc'. aber- ger. Mr. Buchanan went tq his property on Victoria Island, at the Chats, where he had constructed a slide for the passing of timber, and which proved a lucrative speculation. The old company carried on the business at first briskly, but gradually declined damages, it was a to be re- ts of law tie Judge nring the Mr. Rad- i moved Leaving ation be- , we now nd in tbe ed. Tbe eived its ) one trip neps was iK aber- Viotoria rncted a )roved a rried on declined TAe Last Laird of MacNab. 9, mU.ei,«p«,.ti„„, tiu i8,y they ceased doing .„y tUoRic the Inmber lioe. They could get no lo™ from McNab without paying too dearly for the privi- lege. Mr. Eogerson, (brother.in-law of Mr. William Fraaer, afterwards the esteemed Treasurer of the County of Lanark) stUl remained at Arnprior col- lecting the debts due to the Buchanan estate, and wmding np the business. This was the state of affairs at Arnprior at the close of 1887. Towards the end of the year the commissioners gave out the contract of constructing the bridge at Johnson's Rock (Burnstown), to Mr. Duncan MoNab (Auohessan), a lumberer, for £200. Mr. McNab set to work with skill and energy. He took into part- nership Mr. Dunow. Carmichael, and before the first of January, 1888, the new bridge-the long-talked of and disputed structure-was at length completed This was now tbe only bridge on the Madawaska • that at Arnprior had been swept away by the spring freshet, and was not rebuilt till many years after- wards, when the Board of Works of the Province erected the White Bridge at Arnprior, further up the Stream. ;. »♦ ■ .■»< J« 98 The Last Laird of MacNa'\ ;:j1 hi The Laird of McNab was now roased tc fury. The repeated and successfal acts of opposition to bis will and bis plans maddened him. The oonstraction of the bridge bad roased all bis passions, and he resolved to punish the commissioners individually. He selected Mr. Donald Mobr McNaugbtou as bis first victim. This gentleman, now the leader of the set- tlers in their efforts of resistance, bad been, in Scot- land, head gamekeeper to Lord Panmure, and was a person of, some education and intelligence. In per son be was robust, tall and athletic. Measuring Cft. 4in. in height, be towered above bis fellow settlers in physical height, as well as in physical courage and moral resolution. He bad emigrated a few years previously, believing the Laird of McNab to be a gentleman equal to the Earl of Panmure, and settled in the township of McNab. For some years he paid regularly (3 barrels of flour for 200 acres) ; but when the haughty and overbearing disposition of McNab became apparent in bis dispute with the commis- sioners, and ad in its OHAPTKR X. •NSHBOBDINATIOH OP THE SETTLEM. While the«> thing, were transpiring in MoNab. and the people were nerving then.,.,™, ,c. . straggle wh.ch theysawwasto terminate either in ruin or inde- I-^ence. other momenton. affairs were being trans- «ted.n Upper .nd Lower Canada. P.p.Wu had fanned the flame of discontent into an open rebellion, and Mackenzie and Bidwell, following hi, example, had ronsed the more enthu,ia,tio and rash of the Ko^m party in the west to take „p „»,. The Br.t,,h troops had met with a reverse at St. Denis which was amply retrieved and avenged by Col. Wetherall at St. Charles. Mackenzie was investing Toronto, and had marshalled hi, force, at Mont- gomery, farm, within a few miles of Toronto. All was panic and confasion in the im. .ediate vicinity of the seat of the rivolt, and the new, wa, mnoh exaggerated to thee living at a dietance. The i >n If ' I *i 104 TAe Last Laird of MacNab. political atmosphere was overcast A portentous cloud of evil omen seemed to envelop both provinces. Volunteers, men of loyal hearts and warm love for the mother country, poured in. Thousands flocked to the standard of their Queen, and the Laird of Mc- Nab, among the rest, sent the following characteristic letter to Sir F. B. Head :— Waba Cottage, 15th Dec, 1837. My ! AR Sir Francis,— The spirit of my fathers has been infused into my soul by recent events, and has roused within me the recollection and memory of the prestige of my race. The only Highland chieftain in America offers himself, his clan, and the McNab Highlanders, to march forward in the defence of the country — •• Their swords are a thousand^ their hearts are but one.^* We are ready to march at any moment.— Command my services at once, and we will not leave the field till we have routed the hell-born rebels, or •• In death be laid low, With our backs to the field, and our face to the foe." I am yours sincerely, (Signed,) MoNab. )rteDtouB rovinces. I love for a flocked rd of Mc- kcteristio , 1837. fathers nts, and memory [ighland and the defence • are but )mmaDd ave the bels, or ow, he foe." Nab. The Last Laird of MacNab. ,05 imnaediatel, „po„ the receipt of this aocament 20th B«ttal.o. of Carieto. Light Infantry, co«.p,i,. -g the townships of MoNab, Fit^roy and P.tenhan. w.t .nstrnctions to nominate his officers, forward' the hst to headquarters, and ca// //,. 1 oto, ana cau the regiment oat to muster forthwith, o, the 26th December, 1887, the wbole re«in.ent mastered at Pakenham, and were pot -der the miiitia iaw. Mo^ab made a speech to them, re«, the names of their officers, and «.™ a generaiorder that they were to muster by companies near te abodes Of their captains, on the a5th and nth Of the ensuing month. The companies of the township of McNab,nnder the command of Captain Alex. McDonnell an-' Captain John McNab, of Horton .s^embled at Sand Point on the 16th of January' After tl3 roll was called, and all had answered to' the.r n.,es, the Chief, who wa. present, read the Articles of War, and then addressed them thas- " Now, my men, you are under martial law. If you behave well, obey my orders and the oiHcers under "•6, you will be treated as good soldiers ; but if you come under the lash, by the God that made me I '■m\ 'I m 1 06 The Last Laird of MacNab. will nse it withonb meroy. So yon know your doom Now. I call upon as many of yon as will do so willingly, to volunteer and go to the front, and I will lead yon on to glory." There was a murmur in the ranks, they were drawn up in line, two deep, in Mr. MoDonnell's large stone shed, as it was a stormy day. When the whispering was over, a dead silence prevailed. Two— and only two — stepped forward as volunteers, and these were Mr. Young and Mr. Henniker, two of McDonnell's clerks. " What I No more ? " exclaimed McNab : " then I must proceed to ballot and force you." The men remained doggedly silent ; at length some one asked him where was his authority for the ballot. The Chief turned away ; told them he would call them together again for that purpose ; and dismissed them. The people were in the highest state of indignation and apprehension. They held a meeting and sent the following petition to the Government : — ri i' The Last Laird of MacNab. 107 >ur doom 11 do 80 tnd I will re drawn rge stone diapering a>nd only ese were [)onneir8 : "then ;th some le ballot, sail them ed them, lignation Etnd sent MoNab, 22nd January, 1838. To His Excellency, Sir Francis Bond Head. Lieu- tenant-Governor of the Province of Upper Canada, the 26th ulhmo, .t Pakenham Mills. „„„„anded by McNab Of MoNab. acd on the 16th ana 17*h oulnt by^.n.pan.e, at their Captain,- respective pi«« of That we th. nndersigned, one and ail of „s, con- »d er onrselve, true and loyal sabiects, and are wU^mgtoaerveHer Majesty in any part of British North America, where Yoar ExoeUency may think p.op„tocallns,nnderany other commander than That a number of ns hare snflered severely from MoNab through the coarse of the Civil Law. and are ther^ore afraid to come under bim in the MarL Law. bemg barsh in his disposition, and also in- experienced. Thatwebopeitm.yple.se Your ExceUency to ^ook into our circumstances as misled people bv MoN.b. Who made us give bonds for ^JZ^ wh.oh we, not knowing what the poor lauds in thi^ •an Jill i io8 The Last Laird of MacNab. part of the country could produce, gave without hesitation; and notwithstanding all our industry and economy, with these bonds we are not able to comply. That we trust Your Excellency will endeavor to set us on the same parallel with other loyal subjects in the Province, and free us of those Quit- Rents, as we find them a heavier burden than we can bear. That there are twelve families in the Township who were brought from the old country at McNab's expense,! and who are willing to pay any reasonable fraught Your Excellency may think proper ; all the rest of the settlers came to the Township at their own expense, and beg to know from Your Excellency whether the land of this Township is McNab's or the Government's. And your humble petitioners as in duty bonnd will ever pray. (Signed.) • Jauies Robertson, James Brown, John Robertson Donald Stewart, Peter McQregor, Donald Kerr, An- gus McNab, John McNab, Donald McNab, Duncan Campbell, Peter McMillan, John McMillan, Malcolm McLaren, Daniel Mclntyre, John McQregor, Alex- ander McGregor, Peter McArbhur, John McDermaid, James Stevenson, Alexander Cameron, Thomas Mo- The Last Laird of MacNab 109 ^e without ioduBtry t able to ieavor to \ subjects Rents, as 1 bear. Township MoNab's easouable : ; all the at their ^xoellency .b's or the ity bound Robertson Kerr, An- , Duncan , Malcolm ;or, Alex- iDermaid, omas Mc- LanghbD, Donald McLanghlm, J,., Donald Mo- Laughlin, St., James McLaughlin, Donald MoNangh- ton Ch.,. Goodwin, Alex. Campbell, Izett Duff, Arch. McDonnell, James McDonnell, Dag.1 McGregor, An- drew Hamilton, Donald McNaughton, John Mc Nanghton, Robt. MoNanghton, Alex. MoNanghton Peter Fergnsson, Danoan McNab, Angus Cameron' Alex. Dure, Donald Dure, Colin McPadden, Alex. Mo- Niven, Arch. MoNab, Alex. MoNab, Colin McGregor Arch. McNab, John McNab, Andrew Taylor, John Campbell, John Hamilton, Andrew HamUton Alex aader Goodwin, Danoan McLachlin, Alexander Good- win. Sr., Donald Molntyre, Jas. McLaren, Donald Mc Intyre. Alex. Thomson, .Tas. Robertson Jas. Robert- son, James McKay. Alex. Fergasson, Donald Rob- ertson, Duncan McNab, Matthew Barr, Thomas Mc Whlin, Thomas Freed, Andrew Hamilton, Sr . Alex. McNiveu,.Jr, Alex. MoNiven, Sr., John Mc- S^wart, Sr Dav.d Stowart, Petor Campbell, Patrick Callaghan, Leech McAlormae, Peter Robertson. J trego, John Fergusson. . {Copy) Gentlemen \r [reply.] Government House Toronto, 13th March, 1838. -Having laid before His Excellency, '' I'll k. ground from timidity ; others were ,t.unoh partizana of the Chief ; while a few others were governed by a olo.er consideration. Even some of those who were nnder deep obligations to him for favors received felt themselves compelled to affix their slgnatare. Old Mr. Donald MoNauRhton-one of the first ^ tiers— man of the most pare and genuine Christian prmciples ; one who, like Enoch, daily walked with his God ; who was a perfect Ebenezer in Israel • a ^ over eighty at the time ; who daily silenily Bhdedinto the darkest and deepest glade, of the forest, and there poured forth the ardent desires of h« soul in unrestrained communion with his Maker • who longed ardently to throw oft the " mortal coil •' .1.3 join the celestial hosts of angels and seraph, who flood the regions of eternal felicity with streams of enchanting harmony, and make heaven's high and resplendent arch echo with the strains of im- mortal bliss-that man. who longed ardently to be with h.s God, was among the very first to sign it He has met with his soul's eager longings. At the m% ^M f » n (111 iia The Last lAiird oj MacNab. n ■■:! advADoed age of nearly a oentury of years, he yielded np the ghoBt, and tho venerable pattiarob, attended by the largest ooncourse of mourners that ever as- sembled in MoNab, was gathered to his fathers. When saoh men sign a document of the above de- Boription, the oppression must have been great — the tyranny intolerable. It is true the petition is not exactly according to form, and has a few Scottish Miomatic expressions embodied in it ; but it tells in dear and forcible language the wrongs the settlers had endured, and the grievances they still expected to bear. It breathes forth a spirit of loyalty to the throne :" they were willing to go to any part of British America to defend their country under any other leader than McNab." Mr. Donald Mclntyre (Paisley) went round with the petition to those who were not present at Sand Point ; and Mr. Daniel Mo' Intyre (Kilmabog) brought it to Perth to get it transmitted to the Government. In vain he applied to the Hon. W. Morris ; that gentleman threw cold water on the whole business. Col. Taylor was ap- plied to ; he deolinecl. Mr. Powell was sick ; and Mr. M. Cameron, then one of the members, was ab- / Tlie Lml IMrd „/ MacNab. " "■ - ^--'-P^ --' -Ji-ected it to the p 't quarto. ^Pon.ea.„«tbat. petition Jr; »'«..mittod. McN.b wrote to Si, F,.„„i, He^ . ! "-ply to ituntil he arrived in T„ "'""'''*'^-' " ^--oot the «ra o, M : ;; T Z""''"'''^' "vet the oh«na more firmi,, and for the f„tnr. . :~oth.tthe.o::to::::t:r- The arran^ementa made between The MoNab and h« oUowora are o, a p„re., private nature, and " yondth,eontro.oMheaovernment... Howlme S^Francatontteraogroaaafal^hood, Kver, ^-^»andhai«edKedharie,nin.aa.iar.ands:7 B. Head, .mpregtated with the aniritof h -Medatnofaiaebood/wZhe T peHod. aerve a friend or ea " '"" * was thi» n ^^ ""' • ?"?<»«• It orable speech to thn r « • i . ° - ^ legislature, speaking of the m\ m '■III #1; H4 The Last Laird of MacNab. people of the United States, " In the name of every militia-man in the Province, I say, let them come if they dare." Bat this reply to the poor settlers did not aloue satisfy the schemes of the Chief or his friends, the Family Compact. They were resolved to strike terror into their hearts, and make pnblio the petition and reply. Accordingly both documents were ordered by the Execative to be printed, and foar hundred copies were sent to be distributed among the people. They saw that further efforts with their present rulers would be useless ; and they bowed quietly to the decision, waiting for better times, and these soon offered by the recall of Sir F. Head and the mission of the Earl of Durham. The Chief had now entirely abandoned his Ken. nell residence on the banks of the Ottawa, and was now residing at Waba Cottage, White Lake, where he was preparing to erect a saw-mill. A character- istic anecdote is told of him, which is literally true. Meeting Mr. Walter McFarlane in one of the houses of the settlers with whom he had not quarrelled, and impressed with his robust and ruddy appearance, he addreaaed him with a polite bow and said:— 2'he Last Laird of MacNab. of every im come settleri ef or his resolved ;e public )0uinents ted, and stribated ir efforts and they w better of Sir F. a. his Ken. and was e, where haracter- ally true, tie houses narrelled, pearanoe, id:— »»5 " Well, my man. you're a good-looking fellow. Are you a Highlander, too ?" "Yes, Chief, "said Walter. •• Ajid what may your name be. my fine fellow ?» " Walter McFarlane." was the reply ; "you ought to know me ; I am the son of James McFarlane. one of your first settlers." "Ah I" »id the Chief, taming »way from him with a f»™, «,d Mowing a snort like a porpoiso- Wb aanal habit when angry-- bad weed, grow ftBt," and immediately left the hoaee. While the people and MoNab were involved in these disputes, they did not negleot the sooial dntie. .■nposed on them as heads of families. Hitherto, there were no means of instrnotion, however poor for the yonng, and they determined to prooore some smattering of ednoation for their ohildren. Accord uwly this year (1887) two schools were established .n the township ; one in '■ Canaan," near Mr. Wm MoNevin's, and the other in " Gosohen," on the 4th concession line. Duncan Campbell, Peter McMillan John MoDermaid, and James Carmichael, fonr of the original settlers, with their families, had moved #»■ t ' -4] illll • 11 !>• I ii6 Ihe Last Laird oj MacNab. ap to this more fertile locality in 1832, and tbeir families were growing ap without edaoation of any kind. Indeed, some of the most intelligent men in the township, the sons of the first settlers are self- taught. Three of them in partionlar, have oconpied prominent positions ; John Robertson and Dancan Campbell, of the Dochart, have been Reeves and Oonncillors, respectively. John Robertson was a J. P., an4 Duncan Campbell, for his smartness at figures, was Auditor for several years, and Donald McLaren, (son of Jas. McLaren, one of McNab's '* black sheep,") was a Councillor for many years, and a thorough and well-posted politician. The people, in conjunction with the inhabitants of the neighboring municipality of Horton, were be> ginning to agitate the question of getting a minister and building a church. The Presbytery hitherto had sent one of their number annually to preach and baptize the children, and remind the peopxb of tbo faith and religion of their fathers. The ;;>raaclii£^ and meetings were held at the house and barn of Mr. Donald Fisher, until the bridge at Johnston's TAr Last Laird of MacNab. 117 md their )n of any t men in are self- oooapied I Dancan )eves and >n was a rtnesB at d Donald McNab's ay years, [habitants I were be> t minister iherto had reach and le of fcJio praacluug \ barn of Johnston's Rock was constructed, and the people flocked to the rendeavoas, from a distance of twelve milen and up- wards. A lamentable accident occurred in 1886 at one of these gatherings. While John St«.wart and John McNab Achesson-twoof the be«t and noblest- hearted Highlanders that ever settled in McNab - were crossing the Madawaska at Johnston's Rock, in the middle of the Long Rapids, the canoe upset,' and both of them were drowned. John McNab wai an expert swimmer, but in endeavoring to save Stewart, he was locked in his struggling embrace and both sank never more to rise. As soon as the bridge was completed, the people made preparations to organize a society to procure spiritual ministers ; and they so far succeeded that the Bathurst Presbytery in 1888 sent out a reverend gentleman once every three months to officiate in what was then looked upon as a half-civilized conn- try. The Rev Mr. Fairbairn. of Ramsay, was the first who commenced this quarterly mission tour. Such was the state of affairs at the close of 1837 and the commencement of the following year. The rebellion in both provinces had been put down ; the m\ ":h''\ ■ *- *1 !•* L ii8 i till . fi: T/ie Last Laird of MacNab. Family Compact, wibb their little bantam, Sir Fran- cis, began to crow ; tbe people of MoNab were fast verging to a sbate of revolt themselves, when tbe news reached this side of the Atlantic that the Earl of Durham and a special set of Commissioners were coming oat to investigate all complaints and redress all grievances. This was news, indeed! It gave hope to the desponding, and inspired the settlers with new vigor. All hope was nearly crashed out by the sapercilioas mockery of their petition by Sir Francis and his Executive Council, and the delusive false- hoods which his reply contained ; but when the ad- vent of Lord Durham was announced, vigorous measures were taken, and a thorough and combined system of orgaii" nation was planned and adopted. Messrs. Allan Stewart, Angus MoNab, Donald Mohr McNaaghton, Peter Campbell Dochart, Daniel (Dan- cie) and James Carmichael, tacitly became the recognized leaders of the movement, the details of which will be found in subseqaent chapters. The Last Laird of MacN'ab. 119 Sir Fran- were fast when the b the Earl ners were id redress E;ave hope ilers with at by the ir Francis ive false- m the ad- vigoroas combined adopted, laid Mohr aiel (Dan- came the details of I. CHAPTER XII. AN ANTICIPATION-MR. ALLAN's REPORT. The facts we are now about to record are incredi- ble to persons who have had no act or part in the alrnggles 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 aw»y with this impression, and preserve a connected thrwd to this very important narrative, the writer has pow brought forward a document, which in point of tide ifl subsequent to the events we are recording. Whil^ we are narrating facts, we desire the reader to b, satisfied with their truth and correctness; therefore we proceed to publish the Report of the Sped,! Commissioner sent by Lord Sydenham to in- vestigate the allegea grievances of the petitioners, and to report on their petition. [copy.] Toronto, 8th July, 1840. 8iR,--I am directed by His Excellency, the Gover nor-General-in-Council, to inform you that his IZv 5fe I20 The Last Laird of MacNab. \l ' lency has appointed yon a Special CommissioQer to investigate the complaints of the settlers in the township of McNab in your District, and yon will report direct to His Excellency in Council. You will proceed, immediately on the receipt of this com- munication, to the work of investigation, taking the petition of Angus McNab and others as your basis. — You will be minute and particular in your examina- tions, 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 I At ml A(j<'nt^ I Bathurst District, Perth, j [reply.] Bath. District Office,^ Perth, 4th Nov., 1840. / Sir, — In compliance with the desire of His Excel- lency 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), Fkan(!ts Allan, A(jent, Bathurst Didrict. W. H. Lke, Esq., C. E. Council, Toronto. ] i HA The Last Laird of MacNab, I2t sioner to B in the you will oil. You this oom- stkiuf; the c basis. — examina- le, and if ascertain nts made JounciL FKICE,^ 1840. / lis Exoel- .rks upon ettlers in meet the District. [rkpout.] Remarks apon the Petition of Angus MoNab and oaer settlers in the Township o1 Mo™"' nspeotion and Keport of the general affairs „1 the Township of MoNab, by Francis Allan Agent of the Honorable, the Commissione °i Crown Lauds, in the Bathurst District: With regard to the assertion of the P«t!*i„„. that the McNab " cannot show where he h^s 1m o't one shilling for their behoof," I hare to ll ' .h ! after the most minate enquiries on the suW bot'h amongst the settlers and others in the n^^Crhoof I ha™ not found it in a single instance contrSel: The roads, except where naturally hard and dry are ma most miserable condition ; and the settler, stl that they have been prevented from workinc unon the regular lines of road by the McNab's exercWng h.. anthonty as a magistrate, and calling them t^ work upon roads which they allege was e the^ to ::prtr ^^LZTr'^i^^'"'''^'''' - ^^^^ oaprioe. They state that they have been frequently alt """? ^'"""' '° -^P™" *■"«" "'''"telaboruJo^ a new road m one season, and before the next^t was laid asjde and another projected. The two roi^^ of approach on the southeast side of the ZnshVn aremostwretohed-oneof them all bntimrarsaW;^ LeTt^r 1 '"' ':'"^ """ '«" "^^' »'"-'» Zut A '/"'.".'i'' '°^"'"'"'' '" ">« """thof ThTl ^-ly^' "ave not been able to discover that the MaoNab ever laid out one shilling for the « par of ro«ls, beyond his ordinary statute labor, i :!■ m 122 TAe Lasi Laird of MacNab. i& heard, indeed, that he subscribed i'20 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 pre- sence), 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 confi- dently 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 neces- sity 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 pos- sibly might have perished ; and worse than all, Mc- Nab wrote to one or more of the inhabitants of Beck- with, 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 assist in ^rnprior ; ' settlers' beir own sribed for 3 much a bsoribed. 1 my pre. isions for I's backs, ist confi- al way — sonveyed e for the e neces- amongst rovisions Qd many not been hey pos- all, Mc- of Beck- crediting or more, perfectly e of the IS in the )n lands ig lots in purpose The Last Laird of MacNab 123 than to obtain the timber. I have had no opportu- mtyof judging of the amount of his receipts Jrom mi'nr''',' .'""*''* °°"''^"* '' -"«* ^-« been im mense, and do not discredit the statements in the petition, either with regard to his receipts in general or th s season. A person named Duncan CampLu residing on No. 28 in 12th concession stated to mt that he was ready to prove that he got his license las^t^^but It was dated in the month of August pre' McN^l? L*^'° ^T """'^ positively affirmed that McNab has passed great quantities of timber as hav Dg been cut in McNab township, taken from the al joining townships; and that on one occas on he passed a whole raft as such, which came down th! Ottawa far above McNab. This last, though con vr/diffieui^ r "^"' ^'^ *'^ ''^^ -'^ "be very difeoult to prove, seeing that the lumberers It IS also beyond all question that the McNab has conected rents of all settlers from whom he couW obtain It, whether brought out by him or not. The e are only about 15 or 16 families in the township thit la^dThLV"' ^' ^^'" °^'*^'° thatheha'ssod and at high prices. He sold No. 17 and 18 broken lots in the 13th con. to Alexander McDonald for ^120 He sold No. 20 and 21 in the 18th con. to Michae, Roddy, for ii50. as appeared from written evidence produced to me. And written evidence was a' so pro duced that Duncan Anderson sold No. 25 in Zl Uh con. to Michael Roddy, with the improvements or 124 The Last Laird of MacNab. £500, and that McNab got one half, and Anderson the other. And severa other lots he had sold, or at- tempted to sell, for clearing land to him. To my certain knowledge, Anderson drew 100 acres of a free grant previous to his goins to McNab, in the town- ship of Beckwith, and afterwards sold it. Two other persons have also received grants from the McNab, viz. : Donald Fisher in the Ist con., and John Mc- Callnm in the 4th con., who formerly received free grants from the Government. Those two last, how- ever, 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 black- smith, 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 au- thority 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 whiqh was a warrant signed by another magistrate of the name of Kichey, 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 men- tion.— Duncan McNab, who was originally located The Last Laird of MacNab. Anderson aold, or at- 1. To my )B of a free the town- Two other le McNab, John Mo- eived free last, how- iration for a harassed lany more g sued by ill, located le a black- 1 expense, mortgage what aa- kept them ras shown le McNab 'e been an iut signed [pichey, for ey in the cmed that ito effect, y to men- ly located 125 on No. 13 in the 1st con., and Duncan Anderson mentioned above as having sold 200 acres and was agam 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 un- disturbed 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 set- tlers 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 MoNab would be deemed disgraceful. The system of rent and mortgage, added to an arbitrary bearing and persecuting spirit, seems to have checked all en- terprise, and paralyzed the industry of the settle, a In fine, had the MoNab studied it he could not have followed a course more calculated to produce discon- tent and disaffeotioq ftmougsc a people. The devo- sJt; t' t 126 7^6 Last Laird of MacNab. ii r tion 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 peo- ple, 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, Aqunt 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. McLach- Ian:— This agreement is cancelled, and these lots open. Lot 15, con. 1, Donald Fisher :— This lot was originally granted and deeded for a carpenter estab- lishment, for encouragement of settHng the township. Lot 16, con. 1, John Wjil^ace .—McNab has re- ceived no duty of timber as yei. Lot 18, con. 1, A. D. McNab :-McNab reserved the timber upon this lot. Lot 20, con. 1, Andrew Hamilton :— False state- meut: paid all the expenses of passage from Mon- treal. IB too well alienatioQ 3d his peo* lings were it to Your LLAN, District. [r. Allan's for two it, so that (red. Report of f McNab : McLach- hese lots lot was ier estab- iownship. ) has re- ar ved the 36 state - )m Mon- The Last Laird of Mac Nab. 127 Lot 18, con. 2, Dugald Stewart :— False statement • reserved the duties. Lot 19, con. 2, A. C . McFadden :-Fal8e 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 re- spectively :-Originally granted to Gregor McNab and Allan McNab, with broken front of No. 6 of the Uthcon., 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 m 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 G, con. 4, Allan McNab :-This is the saw-mill as stated above. Lot 14, con. G, 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 f:or erecting a school establishment for the benefit of th township. k\ jprf .; !;}ti 128 The Last Laird of MacNab, • i !i. Lot 25, con. 4, Wm. Richards :— Wrong atatement, it being the above lot. Lot 5, con. 6, David Brnnna :— Original grant, and deeded for a blacksmith 'a establishment for public benefit. Lob 11, con. 5, Joseph Patterson :— This statement is not correct. Lot 7, con. 6, Peter Mclntyre :— These ^80 were incurred for law expenses, this fellow having denied that he ever signed the original bond in Scotland. Lot 12, con. 7, Donald Mclntyre :— McNab con- siders himself bound, whenever this Donald Mcln- tyre 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, Jamea Miller : -Falae atatement. Thia man has left the country. Lot 25, con. 7, John Preston :— Thia man McNab took from Montreal. He fled alao. Lot 5, con. 8, Arch. McNab ;— Thia 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, Jamea Aitkin :— Originally Colin McCaul, who waa killed by a falling tree ; afterwarda 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. K t ilfi tatement, [rant, and or public tatemenb =£80 were ig denied tland. S'ab oon- Id Moln- Ited with 1b deeded Ettement. MoNab B deeded his man ly Colin erwards ) one of refused e father iontieal. The Last Laird of MacNab, 129 Lot 26, con. 11, Doncan Anderson r-This person, Anderson, was very useful to McNab on first settling fcollni *"' i» P'°°°""S provisions and assisting to make the settlers comfortable, in which capacity and for his extra exertions and trouble, I originally granted h,m 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 «ld^'L*J•.T• '^' •^*'' M°Nee ..-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. McDoneU :~Orici- nally 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 fhn!M f f '°r*7- ^* '^ * P^*y *^»* 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 accom ^^.mV K*u'r^'^°' ^° **^^« ^^ ^»"«d to cover m1 yTi}"^ '^™°^^ ' *^« «°^^ ^^^ lot to one Michael Roddy, who is deeded for it. It is here particularly to be observed that MoNab was obliged to make many sacrifices, and in order te encourage an infant settlement, was induced to make men 4o settle in this remote quarter. 13© The Last Laird of MacNab. Ia\ MoNab cannot conclude these remarks apon Mr. Allan's report, wiihont regretting much the spirit in which it is made or drawn up, and in more points than one, its total deviation from truth. For in- stance, 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 estab- lishment 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 gristmill 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, nnder what consideration does Mr. Allan value the spot on lot McNab has built his cottage, at 15 shil- lings 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 posi- tively avers, and that without doubt, that the one- half of the township as settled is as good, if not bet- ter, than it. MoNab, with due deference, submits that accord- ing 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 in- curred in taking them either from Scotland or Mon- treal to the township of McNab (as in the case of Donald MoNaughton particularly referred to and provided for), that the said sum should be deducted ipon Mr. spirit in '6 points For in- )rate the 9ly that Now the ill estab- lara past, has been for some a third e to Mr. lently in marking, alae the 15 Bhil. i he has 9al valae oat posi- the one- not bet- acoord- >t., 1839, 3vent of any of nses in- or Mon- case of to and ledacted The Last Laird of Mac Nab. 131 from the sum awarded him (for instance his remarks as to Donald Molntyres claim, in his obHsrvations upon Mr. Allan's report), but he respectfully, thouKh positively, asserts that no nuch infereiioe 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, ex- • elusive 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 f "Tii*"^"' *' '°^^ ^y Government, will amount !°u 1 ?Vf,?^°''''^ °^ ^^ ^""'^^ ""^'^^ °a° 8ti" be 7on^ 'u T P^' *°'^' ™^^ ^i'*^ *b« value of £2,000 worth of timber now to be disposed of bv Government, besides the slate-quarries, will present a fair state of the value of the township to the Government. MoNab 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 (^4,000). 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 M> I 132 The Last Laird of Mact^ab. ';( t i refer to any Land Surveyor in the district, or take them at the same valuation hims'^If, in whole or part payment of his money, as agreed upon by Govern- ment. It ia here to be remarked that on making up . any calculation upon this Report of Mr. Allan, that he hab included all McNab's own lands and those lots he originally granted gratuitously for the en- couraging 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 beicn built by not getting boaids 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 courso, never interfere, nor can do so, only in getting my rent, no restrictions being put upon the tenants. A. McN. The Last Laird of MacNab. m lot, or take bole or part by Govern- making ap Allan, that \ and those for the en- and which, both in his avernment, . McNab. sua remark y which he that there iting other m my mill, in my own nt, as they can do so, g put apon A. McN. CHAPTER Xir. (1838.) THE TRIALS— PETITION TO THE EARL OF DURHAM. The rebellion of 1837 had been completely sup- pressed. 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 *or redress had been refused. Such was the case, then, in Upper Canada. Their petitions to the throne were unheeded, their remembrances ridi- culed, 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 con- nected by marriage or consanguinity. The insur- gents had now been put do?/n ; peace and tranquil- ity reigned over the land, Court-martials were being held in Lower Canada, while two of the leading rebels \a the Uppar Province, Lount and Matthews, **», m 134 7'Ae Last Laird of MacNab. ■ f were ooudemued and executed. Executions were of daily occurrence in Montreal. The drama of politi- cal vengeance was acted out a routrance. Mercy was not dreamt of. The law of High Treason was car- ried out in all its horror. Lieut. Weir's cruel and treacherous murder by Jalbert and his ruffian com* panions 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 oligar* chies in each looked forward for many years to a reign of supremacy, without question or molestation. Bat they were, fortunately for the country, disap- pointed. Statesmen at home came to the conclusion that something was wrong. Lord Glenelg roused himself from his sleepy apathy, and Viscount Glen- elg from his luxurious ease and voluptuous excesses, and in alarm stayed the effusion of blood— stopped all further executions, sent out a special commis- sion composed of the Earl of Durham, as Governor* General, Sir George Grey, and Sir Charles Gibbs. The Last Laird of MacNab. 135 IS were of of politi- [ercy was was car- sruel and Qan 00m • ry judges )elings of of blood, ices. In arlooked, p oligar> lars to a estation. r, disap- tnolusion ; roused at Glen- ixcesses, -stopped commis- overnor* I 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. P>erything 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 Attor- ney-General, and commenced n qui tarn 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 Mobr Mc- Naughton was approaching. The Chief got his wit- nesses subpoenaed, and all parties bent their steps to ^ti 'f I J* 4\ '%■■ "•y^Tftai'-^^^^^gaasEaagr^ . f H'^ J I i' :,:i I' Si Ml 1 1 136 7%I. Alex* raughton 1 conntB, ient, etc. ecution ; >n, in his ^gerated, f. D. C. re yonth be facts satisfied itnesses. rged the ignored retired, nple as- ^ocation, lienoy of id costs, unted to lonnoed, 's hands ndgment 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 ^19 17s. 9d. Had he been a poor man, he would have been imprisoned for months, or perhaps years, but unfortunately MoNab'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 re- ply, '• 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 bor- "SITpsijts.-- ^1 138 The Last Laird of Mac Nab. U row the money from Craig-darrooh to get him re- leased. No sooner had McNaughton reached home than a general meeting of the whr a lownship was held at the Flat Rapids, and it was unanimously re- solved to memorialize the new Governor-General, and send a special delegate to wait upon Lord Dur- ham, upon his arrival at Montreal. Mr. A.llan Stew- art drafted the petition, and he was selected as the most proper person to present it. He started on his mission in July of thio year, after having the peti- tion 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 ac- commodation, and this was his temporary palace. Mr. Stewart intended to present the petition to him ii.j The Last Laird of MacNab. 139 t him re- le than a was held lously re- r-General, iOrd Dur- lan Stew- id as the ed OQ his the peti- ;owDBliip. to do BO. trevented scess, but my overt i reached ce. This nter any 'An Bull >r his ac- 1 palace, a to him in person ; but juat 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 wont up to him, frank- ly entered into conversation, took the petition, and promised to present it. Stewart gave him his ad- dress. 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 pre- paring a blow and maturing a plan, which if success- ful, would have placed the people completely under his power, and which nothing but endless litigation and the interventioa of Chancery could render nu- gatory. Upon hearing of the appointment of Lord Dur- ham as Lord High Commissioner, he became in- tuitively aware of his danger, and hastily ap- plied to the Goverment 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 I. ft,: 140 The Last Laird of Mac Nab. lit which each had been located. This application reached Toronto two days after the departure of Sir Francis Bond Head. Had that gentleman been oc- cupying 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 grant- ing what McNab asked. The Lieut. -Governor de- murred, and the Chief was summoned to Toronto. He arrived early in June, 1838, and had an imme- diate 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 corrctly. 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 :— \ ' The Last Laird of MacNab. 141 Eipplioation bure of Sir n been oo- Trastdeed the Laird ; Lrthnr had character for grant- vernor de- Toronto, an imme- iir George lined than too mach ^ab might, lid become rebellious 9 reasoned The Chief rious than 1 breath of ments will rcopY.] 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 Exe- cutive 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 ^or settling the Township. And your Petitioner shall ever pray, etc. <^'8°'^) Arch. McNab. Toronto, June 28th, 1838. GovBBNMBNT HousB, 29th June, '38. Referred to the consideration of the Honorable, the Exe- cutive Council. By Command, (^^«°«^) John MacAulay. In Council, 29th June, 1838. «v?nno°""''''^®*^ ^^^ ^**'"* "'"« for 6,000 acres, free of 5f!g°^^! R. B. Sullivan, P.C. (S'goed) George Arthur. „ , ^ <^ov'x 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. 142 The Last Laird of Mac Nab. [copy.] The lota selected by the Laird of McNab to cover his grant of 6,000 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 withhold- ing? the description until the pleasure of Your Excellency could be had thereon. (Signed) j. Radenhurst. Sur.. General's Office, 20th July, '38. In Council, llth Oct., 1838. The Council cannot recommend a location to the Laird of McNabiOf lands located to his settlerp. (Signed) R. B. Sullivan. (Signed) G. A. This was a wholesome scheme of vengeance as flagitions and vindictive as it was heartless and un- principled. The Laird had, when marking oat 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 be- lieved. The nefarious intrigue was frustrated by a mere accident. The hand of Providence had inter- fered to save the poor and oppressed settlers from Utter ruin. Mr. T. M. Radenhurst, of Perth, was in The Last Laird of MacNab. »43 J cover hia 29th June mes of his ■ withhold- Excellency N HURST. t., 1838. the Laird fLLIVAN. jeance as s and un • ; oat the diagram 1 looatees 1 States ; Eind gone was be- ted by a ad inter - jrs from 1, 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-Gen- eral's office, the affairs of the Township of McNab came upon the carpet, and Mr. T. Radenhurst in- formed his brother that the settlers represented as dead and absconded were living upon the lands lo- cated to them by the Chief, and for which lots he had applied to be covered by his patent. Imme- diately upon hearing this intelligence. Mr. J. Raden- hurst forwarded to the Lieut. -Governor the remon- strance 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 L3rd Durham ap- pointed a commission to investigate the affairs of the townbhip. It sat in Toronto. Not a single settler was examined. The archives of the Crown Lands Department were alone searched into. Discrepan- cies 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 Commig. i»'. iijii* 144 The Last laird of MacNab. BioD 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 Chiaf. 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 A- the attack made upon him by Lord Brougham in the House of Lords. He at once threw up his commis- sion, 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 the List Laird of MacMid '45 tion from e origiQal ty. That heir own and that for their I handed October, lunioated )rder for (that is appears Arthur's but the inrham's itponed. ained in fence at u in the sommis- id went George r. The Family Compact still held the reigns of «07ernment. 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 bis own located lot, the Chief was eminently successful, and obtained a verdict of some ^40. His suit against Duncan McNab (Isla) also came on, and not- withstanding 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 sub- 111 I lull 11 ij 14^ The Last Laird of Mac Nab, Wi' soription was got up and placed in a common fund to defray law expenses in opposing the Chief. A regu- lar and systematic organization pf the whole township was effected J and this was the state of affairs in De- oember 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 Preaoott it was different. They had a determined leader and a good general. Von Schoultz had taken possession of the windmill and the house adjoining. The first attacks of the Glengarry High- landers 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 Paken- ham ; but the people of MoNab held aloof. They would not volunteer under thdir Chief. They re- membered 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 The Last Laird of MacNab. '47 of McNab as Major, tendered the services of the Fenoibles to the Government to put down the re- hellion in Ireland. An order was made for their de- parture. 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, in- stead 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 regi. ments drawn up in hontile 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 moruing tried by court-martial, and shot. The people of McNab remembered this, and they determined not to give Mc^ab the slight- est 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 afld ^k m 148 The Last Laird of MacNah. i s! m •\-^\ \ Highlanders. The poor settlers were looked npon 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 High- landers fought bravely. They were compelled to re- treat to Mrs. McFarlane's old house, in which they defended themselves with the utmost resolution. Fryingpaqs, 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 disoomfitted, 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 re- dress the grievances of the colonies. Hope began to dfiwn upon the McNab settlers. Their petition to The Last laird of MacNab. 149 i upon by hief, but severely iikenbam iirpassed e Hi^b- ad to re- loh tbey lolntion. US, and yeapons )Q botb ae ugly Q of tbe died in im tbat ed, and B taken irgents, ed, and E to re- 3gan to tion to Lord Durham bad not only been listened to. but acted upon. McNab's fradulent scbeme of obtaining their lands was completely frustrated, and at the close of this year tbe 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 ; MoNab 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. 3 1*!!" ■.!•■ I! ISO The Last Laird oj MacNab. u 1 . v>\ CHAPTER XIII. {im% A SLIGHT RETROSPECT — CUTTING THE OORDIAN KNOT — IMPRISONMENT OF MR. STEWART. Both parties had temporarily ceased from hostili- ties. There was a cessation of arms— a slight truce —awaiting the action of the Government. Lord Darham had gone to England. Sir John Colborne was installed as Governor-General. Foiled in bis efforts to get his patent, either upon the lands of his settlers, or upon any other lauds at present, the McNab was concocting fresh schemes to aggrandize himself and to punish bis refractory followers. Arnprior had been abandoned by Simpson, Mittle- berger & Gould. The latter, for his share of the broken-down company, took possession of the Oeonje Buchanan steamboat, and run 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 plunder- ed. They had been assigned to the Middletons, in 1 , The Last Laird of MacNab. 151 N KNOT — a hostili- ;bt truce t. Lord Dolborue d in bis da of bis lent, tbe grandize >llowers. , Mittle- 3 of tbe ,e Oeonie from tbe rist-mill one was (vas fast }luQder- itODS, iu Liverpool. Everytbing bore tbe aspect of ruiu and desolation. By degrees tbe gearing of botb mills disappeared, and also the boarding and frame of tbe grist-mill was gradually being carried off, and only a skeleton remained. Mr. Minor Hillardtook possession of Tom Landon's vacated tavern, witbout question or molestation ; and be alone was tbe only person living at Arnprior, and wbo pretended to take some kind of surveillance over tbe place. Its ancient glory wasgone. Tbe buildings were in ruins, and by sbeer neglect were fast bastening to decay. Tbe people in tbe 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 applica- tions, the Foreign Mission Board sent out tbe Rev. Alex. Mann, who took the three congregations of Ficzroy, 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 W"' iiii if.« In ill ,'^;rf:- - ;. ■j^-sf^iip}Am.--.iur-.j>m'^-. '■it !i 152 The Last Laird of Mac Nab. 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 win- ter, and it was completed in 1840. The building is still used as a place of worship for the Presbyter- ians 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 town- ship ; 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 qualifica- tionsof the teachers were of a remarkably low or- der ; any person who could write tolerably, read middingly, and do a simple sum in addition or sub- traction was eligible to be chosen as a teacher, par- ticularly 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 pro- ceedings a mere burlesque. The whole process of testing the powers of the candidates occupied aboufi of some summer, iprovised B logs for ling win- lilding is •esbyter- boarded, bonse of 16 town- 1 a third /ion was ualifica- low or- ly, read or sob- er, par- for any I sat at its pro- )cess of 1 abou(i T^e Last Laird of Mac Nab. 153 half-an-hour, and they all generally passed the try- ing 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 com- promise. He must exact the pound of flesh to its full extent. Mr. Stewart became equally obdurate. The weekly allowance was regularly paid ; but for- tunately one Monday evening the Chief was enter- taining some friends at a dinner party in Perth, among whom was his legal adviser, Mr. Daniel Mc- Martin ; and in their conversation and enjoyment poor Allan was forgotten ; the weekly alimentary supply was not paid ; and Mr. Stewart was dis- charged. 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 Dur- % r hi I 1 iu If" 154 The Last Laird of MacNab. ham ; perhaps he will help you." Mr. Sfcewart be- gan 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 Dun- can left the court a broken hearted end ruined man. (See report of Francis Allan, Esq.) Mr. Allan had done everything that legal ingenuity and a con- sciousness of right could suggest, but it was of no avail. Duncan McNab was too poor to go into Chan- cery. He had no means to bring it there. The people of the township had already subscribed liberally to assist him. They were poor them- selves, and they could not do more. He resolved to The Last Laird of MacNab »S5 I wart be- ordered ved Mr. th fresh against sf s case iict had trial to 'his was he jury ist law, il oame )r Dun> 3d man. an had a con- s of no 3 Chan* J. The scribed them- ved to await the issue. The Chief having gained the vic- tory, did not wish to push things to extremities.— He could not enter up judgment and issuo a Hah. Fae. Pos. at any time. To do so now, would serious- ly implicate him with the Government. His affairs were on a ticklish footing. He himself stood in a '•ritical position, and to drive MoNab (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 recom- mended his dismissal. To eject Duncan McNab would precipitate matters, and he would lose far t jater 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 Thomp- son (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 Govern- ment. The Chief dreaded the arrival of Lord Sydenham. Fearing he would be deprived of the i It,- % "1. it, 156 7Vie Last LairU of Mac Nab, township aD(i receive notbinj^ ; appreheusive that the timber duties he had received and the reuts ho had takeu from his followers would be set olT against him for any claims to grants he mi{^ht have ; he made au application through his friends, Attorney- (ieneral llagerman and the Hon. H. Sherwood, to give up all his claims against the settlers, and give the 5,000 for .ll>,000.-The Executive Council was called together. Sir ( Jeorge Arthur thought £2,000 was quite SMflicient. At length, after a long and ani- mated discussion, it was resolved to oiier the Chief i;4,000, 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., 1830, the linal Orderin-Council was passed to that effect. The Gordian Knot was out. The at- tempted feudal tyranny was prevented. The details were yet to be arranged, and until these were satis factorily settled, McNab was tfo have the same con- trol over the township, as usual ; but he was to exact no more rent. To close the matter, McNab that day was paid i'1,000 by the Receiver-General, as the first instalment of the settlement of bis claims. - .i: live that reuts he T a^aioBt lavo; he ^ttorney- e70od, to ind give Dcil was it £2,000 and aui- le Chief (3b, with to him. he 27th passed The at- I details :e satis ue con- io exact bat day as the ims. TAe Last Laird of Mac Nab. 157 CHAPTER XIV. (1840). THE «RBAT BTRUOOLE -FINAL TRIUMPH OP THE 8KTTLERS — IMI'KIHONMKNT OP DUNCAN CAMI'UKLL. A va«ue rumor had reached the people at the com- menoement of this year that a new arrangement had been entered into between the Chief and the Govern- ment, but of its nature and tondenoy 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 Mc- Nab that he had sold the township, and that all the settlers were to be tuined 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 sweepiagly 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 n\'w- *}5i '58 The Last Laird of Mac Nab. timber. Not only on the unlooated lots had he done 80, but be bad ^iven liberty to Mr. Michael Roddy to out timber on the lands of some of his settlers, princi- pally upon those of Mr. Robertson, Daniel Molntyre (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 I would go on in defiance of all they could do. Mr. D. C. MoNab and Mr. Daniel Mclntyre 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. Mc- Nab laughed him out of his fears, and scornfully ex- claimed " 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 Last Laird of AfadVa/K 159 >d he done Roddy to irs, princi- Molntyre ceedod to rties came ice. They . Roddy >f, and he . Mr. D. mediately n's Bench ' trespass, ved upon lief. Me- nfully ex- 8 prevail carrying iring, the r Robert o-do, and bled with aims and the coats. He imagined that Mr. Molntyre and Stewart could proceed no further. Little did he foresee the consequences. •' We will become the as- sailants ; we have acted too long on the defensive," exclaimed Mr. D. C. McNab, who then about nine- teen 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 plain- tiffs. Poor Mr. Roddy was the sufiferer. MoNab 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 JBhjis, and it proved but a sorry pro- tection. To the settlers this proved a great triumph. The Laird could be vanquished. The awe of his in- vulnerability was dispelled. The charm was broken. Onward was the word. Fresh attacks were planned. New methods of assailing their opponents were pre- pared and successfully executed. It was a beautiful (S, I 1, " 1 60 TAe Last Laird of Mac Nab. morning early in June. Tlie day was balmy and mild. The lovely uongsterB of the grove warbled forth their notes of delicious music in joyful harmony. From all parts of the township horsemen and pedes- trians 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, at- tractive 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 Kapids 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 The Last Laird of Mackah i6i of the people, Murdook McDonald, was there be- times, and the loud swelling notes of the martial umsic of •' Auld Gaul" calling the people together in i\iQ 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 Mada- waska. All the settlers of the township wei . there assembled on that momentous day, with the ex- ception of the Chief's Cabinet- Council of Five (Anderson, Fisher, McCallum, Roddy and Mc- Donnell). 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 '1^1 m. wmp^y!?m-maat,M ,« l62 The Last Laird oj MacNah. %\ \ V ' 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 Mc Naughton— 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 monarohs paled. His was the nobility of integrity— the majesty of virtue. He had suffered and came out scathless. His deed he had lately obtaiiied. His passage money, with law expenses, was paid in full. His share of Miller's bond was liquidated. His three stalwart sens 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 Last Laird of MacNab ,63 thto statate labor. In March, the Chief and Mr. John Ritchie of Fitzroy had held a session as magis- trates, at the inn of Mr. Dnnoan Anderson, Burns- town, to apportion the statate labor for the year. Due notice had been given to Mr. Peter CampbeU, the Town Clerk, to attend. All the pathmasters as- sembled, and a large number of the settlers were there also. However, notwithstanding the re- monstrances 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 Sherift of Renfrew, to Perth to attend the Quarter Sessions, and lay their grievances before the bench of Magis- trates ; and Mr. Donald Mobr McNaughton was to procure a sum of money, by subscription or other- wise, to defray their expenses. .tji m\ 164 The Last Laird of MacN^ab. \\l The next and most important matter waa the state of the township. Mr. Alexander MoNab, 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 vindiotiveness, 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 ex- amples. 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 other 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 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 ; — .'! The Last Laird of MacNab. 165 To the Right Honorable. His Excellency Charles Poulett Thompson, Governor-General of British North Amer- ica, etc., etc., etc. M^Ib"''"'^^' ^'"*''° ""^ the Settlers in the Township of 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 Hixcellency as Her Majesty's representative. That your Petitioners sincerely hope that the object of Your Excellency's great mission to Canada may be speed- ily and successfully accomplished. That for the last fifteen yeara your Petitioners, as setders under the Laird of McNab, have been persecuted, harassed, with law-suits, threatened with deprivation of their lands and subjected to threats by the MoNab, of being driven from their present locations by the Government, for dis- obedience to the Chief. That the Slid Chief has impoverished many families, and completely ruined those ot Alex. MoNab, Peter and John Molntyre. whom he brought out to Canada. That there are now sixteen families still remaining in the township whom his friends sent out to Canada a9 settlers under him, who are willing to pay to the Chief any reason- able sum as passage-money, that Your Excellency in Council may deem just ti impose ; but on the other hand yoo^ Petitioners have hitherto resisted, and will continue consti tutionally to resist any attempts to impose the feudal sys- tem 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 • I1 »'i! ,,'•, 'i I'' 1 66 The Last Laird of Mac Nab. 'm .■i improvemeat of the Township, Your Petitioners bee leave to assure Your Ezoellency that the said MoNab has never expended a single shilling of his own money for such a pur- pose on their behoof. That Your Petitioners beg to assure Your Excellency that the Chief has received since he first came to the Township about £30,000 from the dues of timber cut on the Town- ship, 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 manutaotured on the Bonneohere and in West- meath. ' That Your Petitioners have sent Mr. D. 0. MoNab 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 de- tailed information respecting the rents the Chief has exacted from them and of every matter connected with the Town- ship of McNab. That Your Petitioners therefore pray that Your Excel- lency will send a special Commissioner to investigate the truth of this petition, and be pleased to carry out the ori- ginal Order in Council, which made a Free Qbant of the lands of the township to those settlers who had come out a;Kheir own expense, and also to grant their patents to the firs*- 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. The Last Laird of Mac Nab 167 TAngus McNab, (Signed) j Donald McNauohton, Sr. (.John Forhest, And 130 others. Township of MoNab, 4th June, 1840. T. A. Murdoch, Private Secretary Sir, I herewith enclose, to be presented to His Excellency the .overnor-Oeneral, the pe- tition of the inhabitants of the Township of McNab I have taken the liberty to for. .rd it by mail, as the Laird of McNab is quite unscrupulous as to the means ho 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 ap- point a time for an interview, so that I may have the honor oMaying the grievances of the setf ors of MoNab persons ally 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, I Toronto, 11th Jun le,840. Sir,— I have thehonor 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 Excel- lency, the Governor-General. I am commanded by His Excellency to state that free ac- cess to His Excellency is permitted by any of Her Majesty's subjects at all times upon public matters ; and that no jamm i68 The Last Laird of MacNab. private individual has the right to interfere with, or pre- vent the exercise of this privilege. I am further directed to state that the memorial and com- plaint of the McNab settlers will receive Hia Excel- lency's immediate consideration, and that in the mean- time it has been referred to the Lieut. -Governor and Execu- tive Council of Upper Canada. I am, Sir, etc., (Signed), T. A. Murdoch. D. Campbell McNab, Esq., Township of McNab. Bathurst District. \% The Last Laird of MacNab. 169 CHAPTER XV. (1840.) MISSION TO PERTH— THE LAIRD PRESENTED AS A PUB- LIC NUISA\CE~MR. FRANCIS ALLAN SENT TO IN- VESTIGATE 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 Mc- Intyre, 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. Chair- man and the magisterial wiseacres who surrounded him scouted the idea of yielding to the settler's wishes. " We have appointed two of our number to apportion the statute-labor, and that appropria- tion must be final. " Only one gentleman advocated 170 2 he Last Laird of MacNab. the prayer of the patifcion, and worked long and strenuously for its adoption, and that gentleman was Mr. Mclntyre, 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 thsir claims, brought in the following PresenftDient : — [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 MoNab. 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 equi- tebly or according to justice; that the aaid Archibald Mo- Nab has acted tyrannically and oppressively, and is a nui- since 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 tl^e settlers of McNab as ' represented by the Pathmasters of the said Township, (^^g"^'^)' John King. Foreman. When this Presentment was read by Mr. Berford, the Chairman, Morris, turned almost purple with The Last Laird of MacNab. 171 rage. Even his immobile features were moved. The cast-iron lineaments gave way to anger at the presumption of two young men questioning the de- cision of that august Court, and at the temerity of a Grand Jury for making such a Presentment. " File that away, Mr. Berford," exclaimed the Chair- man; " 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 town, ship. 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 Town- ship, and gave written contracts and commutations 172 The Last Laird of MacNab. 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, tp the Hon. W. H. Draper, then Attorney. General. The reply they received was that the Wardens and the people had acted strictly in ao- cordance with the law. The benchers of the Solo- mon'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 The Last laird of Mac/Va/?. ^7Z Canada was on the eve o^ a loodlesa revolution which in less than two - ,m deprive the magistrates oi all municioal power, and leave the management of local affair, ^o l. hands of the peo- pie alone—Their support of the Chief was carrying out and extending the principle of altraisiB, 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. Threatg were made of indicting the leaders for conspiracy. Threats could not now intimidate, or stay their pro- ceedings. To indict a whole community was pre- posterous. Yefc, incredible as it may appear, the at- tempt 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. Another attempt was this year made by the Chief to ruin Mr. Allan Stewart and Mr. John Campbell (blacksmith). The scheme had been conceived two years before, but it was only now that McNab en deavored to complete it. To keep his own grant of 174 The Last Laird of MacN'ab. 5,000 acres, or its equivalent in cash value unim- paired, he, in the spring of 1888, surreptitiously ob- tained 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 imagin- ing that he could easily obtain a transfer from any of the Archibald McNabs then residing in the town- ship. Therp 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 Lad issued by mistake, and wished either of them to ex- ecute the conveyance to him. >■ The old man having been warned beforehand absolutely refused to do anything of the kind. The sou was equally obdur- ate. The Chief could not get the patent cancelled without going into Chancery and falsifying all the The Last Laird of MacNab ns represeDtations 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 exe- cute 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 onco yielded to the claims of jus- tice. He was saving two men from further persecu- tiou» and ellectually frustrating the inimical designs of the Chief. The conveyance to Stewart and Camp- bell was executed and registered before the Chief knew anything of the transaction. He only dis- covered it some months afterwards, when he heard that both KStewart and Campbell had voted at the election of March, I8il, 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 tbe Government to cancel the patent, as it had been is- sued in a mistake. He was met by his own report when tbe patent was applied for. " How could it have been a mistake," exclaimad Lord Sydenham, ■I'll li!. (i m III 176 T/ie Last Laird of MacNab. " when the McNab himself states in his written ap. plication to Sir Francis Head in Council-' Archi- bald McNab, a worthy old settler, has performed all the settlement duties upon lot No. 13, in 7th conces- sion, and has paid me up in full all the outlay in bringing him to this country -therefore 1 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 con- veyance was held to be good, and the case was laughed out of court, and the parties, Mr. Stewart and Mr. JoLn 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 ad- vantage 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 The Last Laird of MacNab. 177 Conservative, rather biassed 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 set tiers, 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 re- commended by Lord Durham's committee. -Their hopes were elevated into bright anticipations for the future, on the advent of a special commis- sioner ; but it was not for two years afterwards they knew the result of the investigation, or the decision of the Executive. }fj tJ 17^ y/^t' Zfw/ Lai'rc/ oj Mac Nab. CHAPTEK XVI. (1840.) TIIK CUIEl-'.S RKl'LY—PEHSEOUTION OF Mil. PARIS—TUE LIIJKL SUIT AOAINST Mil. MINCKS. A copy of BXr. Allau'a report was sent to tLe Laird by the order of Lord Sydeuham. IJe sent a charac- teristic mass of answers and explanations which were manufactured for the purpose aud had existence only in the fertile imagination of the writer. That they were i)lausil>le, any person who has carefully perused the reply in a preceding chapter must at once admit.— But many of the charges were left uuau- swered, some slightly glanced at, others entirely passed over, and some of the graver charges he at- tempted to extenuate. Lots of land either sold or given away to his friends or for private reasons not suited now to publi^^h, were set down as grants for carpenter-shops, school institutions, ferries, black- smith shops. Donald Fisher, ^to whom one of these grants were made or sold, was a tailor aud knew about as much about carpentei ing as the writer does about the literary institutions of Timbuotoo. Again, John McCailum received his lot, according to the RIS — TUB The Last Laird of Mac Nab. 179 Chief, for " erecting a school estabHshment," 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. Mc- Donald 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, McDoneil's for hard cash, and Mr. Koddy'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 iiiUonMv. Mr. Allan's truth- ful report was made the basis of the future opera- tions of the GovernmcDk p.ud was their guide in dealing with the settlers. McNab's aim in making i8o The Last Laird of MacNab. ■| I' h,8 remarks upon the report was to preserve his ^4.000, 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 neces- sary restitution. Donald Mclntyre had paid up- wards of ^100 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. Mclntyre had a second time to pay for his land (a lot of 100 acres) the sum of $50 and was never remuner- ated 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 occa- sion, and had as much real existence as the " slate quarries "-mineral productions never heard of be- fore until their locality was fixed in the Chief's bouncing remarks. Slate is not to be found any- where 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 Mc serve his cartail it I by both umetit of iie ueces- )aid up- money, 'he bond . They and Mr. Qd (a lot smuuer- bject of 9.11 that ber was occa- "slate of be- Chief's 1 any- of the . All in Mc* . The Last Laird oj Mac Nab. igf Nab. and when they read the Chief's remarks they cannot refrain from sending forth ejaculations of astonishment and surprise. The Chief had com- pleted 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 Paken- bam 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 interfer- ing 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 in- vited thither by Mr. Duncan McLachlin and a num- ber 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 in- convenience of the settlers was in this respect very great. Many had to travel between sixteen and seventeen miles to procure flour for their families. l82 The Last Lair,/ of MacNah. |i mm At length Mr. MoLaohliu induced Mr. Paris to seloot a site on a clergy.lot near the Lake, over which the Chief had no control. Mr. Paris set to work ener- getically, 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 pb- stacles 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 ia 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 peripd ; and the persecu- tion on one side, and the resistance on the other cul- minatea in a lawsuit, which will be rendered in its proper place. The settlers in August of this year drew up a nar- J 1 i 1. 1' The fAist Laird of Mac Nab 183 rative of their sufferings, and the hardships and in- justice they had endured under the Chief. It was prepared by Mr. D. C. McNab, and forwarded to Mr. Hincks for publication iu 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 ques- tion with commendable zeal and warm-hearted enthusiasm. These articles exposed the whole man- agement of the affairs of McNab at the very seat of Government. Simultaneously w th Mr. Allan's re- port, it struck the Chief's moral standing as the bat- tle axe of a puissant knight would fell his mailed an- tagonist, crashing through shield and helmet and prostrating the foe. The Chief now trembled for his position. It is true he had received ^1,000, but £'3,000 were remaining in the background. The damag- ing 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— ORreless of the poor settlers' in- I '84 The Last Laird 0, MacNab. terestB. These searching and vigorous attacks roused them to action. 80 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 com- menced, by the Hon. H. Sherwood, one of the prin- cipal 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 Chiefs 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 jus- tified the alleged hbel; there were eight pleas of jus- tification 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 Assises. All improyepients were now stopped in the town- The Last Laird of MacNab. 185 ship. The people were awaiting the action of the Executive. Until their affaire were decided, all eys- tematio labor was paralyzed. The spirit of enter- prise was chilled, and the stupor and numbness of despair seem to be fast settling over them. They had petitioned over and over again. Favorable re- plies were transmitted. A commissioner was sent to investigate their compiainth He had espoused their cause warmly ; yet no definite decision had been made. Lord Sydenham was absorbed in constitu- tional 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 ob- jeot. The Union was proclaimed. The Chief pressed for a settlement of his claims. The settlers nrged 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 ex- plained in the following letter to Mr. Allan Stew- art :— [copy.] Secuetary's Office, Kingston, \ Q _ 24th June, 1841. f biB.-I am commanded by the Governor General to ao- IMAGE EVALUATION TEST TARGET (MT-3) h / 1.0 I.I 11.25 J5 2£ U 111.6 PnotDgraphic Sciences Corporation iV ^v •1>' '^-<\ V 23 WEST MAIN STREET WEBSTER, NY. MSSO (716)8.'2-4S03 V V o t/j i86 Tht Last Laird oj MacNab. \ iV knowledge 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, preferriaff com- plaints against Mr. Archibald McNab, the Township Agent. In reply, I am to inform you that the petition alluded to was referred, by command ot 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, how- ever, been directed by His Excellency to refer your present petition to the Hou., the Executive Council, with a request that the matter may receive their early and attentive con- sideration. J I have the honor to be, etc, (Sigaed) S. B. Harrison, Allan Stewart, Esq., Township of McNab. } The Last Laird of AlacNab. 187 CHAPTER XVII. FIVAL DECISION OF THE GOVEuNMENT— BURNING OF DUNCAN M'NAB'S (ISLA) HOUSE, BARN, AND PRO- VISIONS— WATER STOPPED ON MR. JOHN PARIS, It* Aagust the long suapeuse 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-Coancii 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 Depart- ment 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 pay- ments, and all these to be withheld from the money payable to the Chief, as fixed by ^he Order-in-Coun- cil of September, 1839. Thus McNab's ^4,000 was reduced to i'2,500, of which he had already received i-1,000. Many of the settlers had paid by these ' '-I %.4 !1 1 re fe'* M^' V 4 s , f 1 V ¥ fi ^): 'i * * r 1 88 7%^ ZrtJ/ Laird of MacNab. \i \'>^ meauB for their lands in fall. McNab's receipts for rent were accepted as payment. They now flocked in with their first instalments. Mr. Danoan Mc- Lachlin and Mr. Donald Mohr McNaughton were the first two who commenced the joyfal expenditure. They wore no longer feudal serfs. The lands were their own in perpetuity. No landlord could now lord it over them with arbitrary haughtiness. No High- land 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 Mo- Intyre, 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 Loiohwinnoch were occu- pied, and all the arable lands taken up. The people had, single-handed and unaided, achieved the vic- tory. — Looked down upon by the neighboring town- ships as rebels, as ungrateful malcontents and as a mm ¥ The Last Laird of MacNab. 189 discontented rabble, from them they received neither advice nor assistance. All the magnates of Perth beheld tbbm with a holy horror, and did all that lay veithin the scope of their feeble efforts to oppose them— all but Mr. Hincks and Mr. Malcolm Cam- eron.— 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 CharleE '. ob- tained fche Bill of Rights, enthroned William III. and established popular and constitutional govern- ment 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 victor- ies 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 satisfe.ctory and praise- worthy. Deprived of his township, stripped of his power, the Chief would not forego his revenge. Now \^^^% fQO The Last Laird o) MacNab. ■ 4 everything had been arranged, a spirit of reconcilia- tion a.ight have supervened, and he conld have set- tied down and still lived happily among the people. But no ; he still bad some power over one or two in- dividuals. 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 execu- tion. The writ of possession was in August placed in the hands of the Sheriff, and his deputy, accom- panied by the Chief and a creature of the name of Lipsy, proceeded to pat it into force. They accord- ingly proceeded to the premises. Mrs. McNab and tha 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 1} The Last Laird of MacNab. 191 the family out of doors, gave the Chief pOBsessioD, and immediately went away. The Chief ordered Lipsy to draw everything to the oonoession line. Forcibly he dragged Mrs. McNab thither. Then or- dering Lipsy to set fire to the shanty, he himself ap- plied the burning brand to the barn and outhouses. Mrs. McNab saw the stnoke 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 in- fants 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 1! I- ll ' rm 192 TAe Last Laird of MacIVab. McKay's house, about half-a mile distant. Toj?etber with all his summer's provisions and a barrel of pork, a number of Duncan Isla's agricultural imple- ments were consumed in the flames. This outraj^e filled the township and all the neigh, borhood 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 ho 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 shauty on another lot, and rendered the family as comfortable as circumstances would per- mit. James McKay, Mrs. Mokay, Duncan McNab, and the writer, two days after, the perpetration of the outrage, proceeded to the residence of Mr. Alex- ander Mo Vicar, the nearest magistrate, and laid the information necessary to commence criminal pro- ceedings against the Chief. Squire Mo Vicar imme- I The Last Laird of MacNab »93 diately issned bis warrant. The Laird was ar- rested and brought to Pakeaham Tillage. All tbe witnesses for tbe prosecution were present ; Squires Ricbey, Scott and McVicar took their seats on tbe bench, and without bearing a witness, or entering into tbe case at all, dismissed tbe case, and referred the parties to Perth— to the Assize?. Mr. McVicar did all that be could to get the examination pro- ceeded with, and the Chief committed for trial, but it was rselesB. Tbe Chief's partizans were on tbe bench, and they out- voted him, and referred the mat- \^t to tbe Crown officer. Duncan McNab (Isla) and his friends bad not the means to go to Perth, or pro ceed further with tbe prosecution; and thus the matter rested, and one of the most daring and atro cious crimes in the category of criminal jurispru- dence was allowed to pass over with impunity, and the perpetrators to stalk abroad in tbe 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 tbe law. He was poor, and poverty could be outraged and "ti ' \\ 4 r If, L II' I i t94 7%e Last Laird of MacNab. trampled upon without redress, and soarcely a single remonstrance. In the fall of this year (1841), a number of wit- nesses were summoned to Toronto to give evidence on the part of the defence in the celebrated McNab and Hincks libel salt. 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 Mclntyre, Alex. MoNab, the Chief's Srat 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 ob- ject 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 ex- actions 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. The Last Laird of MacNab. 1 95 It was also questionable whether Mr. Hiooka could afford the expense of bringing them to court again. On the whole the putting off the trial was ad- vaotageous to MoNab 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 re'istated 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 en- tirely 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 196 The Last rnird of Afact^nh. I l!( :'■ > MoNab'8 particular friends went to him and beHOUgbt him to let the water ^o, but it was useless. Mr. Paris even offered a aura of money for the water, but his answer was, •• Oo to Duncan Mo- LachUn, 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 pre- tended to lease the dam from the Chief, for the pur- pose, 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 tflike^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 aaob an act of unmeaning an4 ' *iG The Last Laird of MacNah. '97 malicioas injury to the pnblio as well as individuals from a^ain being practiced ; bat that gentleman, deeming that there was as much courage evinced in quietly enduring wrong for a season than in at once reHentiug it, resolved to wait and see, a course, which however prudent it* some respects was attended, in so far as Mr. Paris waH concerned, as we shall hereafter see, with further vexation and more lose damage and expense, than he could well ai!ord, and which took a steady and possessiug course of industry for years afterwards to make up. 'i^ V.I 198 TAe Last Laird of MacNab. .*/ JiS .!• » ;1 CHAPTER XVIII. THE M'nAB and HINCKS TRIAL— 1842— SECOND PERSKCU- TION OF MK. JOHN PARIS. The Provinces had been united. A new Parliament had been convened. In September of the former year Lord Syi'^^nham had been thrown off his horse and died in t lequence of his fall. He was succeeded by Sir Charles Bagot. The union had scarcely been inaugurated, when the mighty genius that had per- fected its consummation had been called away by a fiat that there is no resisting. The seat of Govern- ment 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 Dis- trict Councillors were elected. Each township sent one representative to the District Council. It con- trolled the statute labors, district treasury, and the The Last Laird of MadStab. 199 several municipal officera required by the Act. 16 also had under its direction the educational aFaira 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 con- dition of the people : : the spring of 1842, when the tocsin of war again sounded. The Chief had de. termined to press on his libel suit. The roads were in an execrable condition. Acceod 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' notke of trial had been given, and it was I m »': 2C0 The Last Laird of Mac Nab. ti only three days before the opening o( the Assizes that the subpoenas for the witnesses reached the writer. He immediately filed them all. The follow- ing witnesses were summoned ;— Messrs. W. R. Bereford, Francis Allan, John Robertson, Daniel Mo- Intyre (Dancie), Alex. McNab (the martyr), Duncan McNab, (Paisley), I). C. McNab, Peter Campbell (Doohart), and Andrew Dicksou, 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 oonsulation 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 i' I • 1 The Last Laird of MacNab. 201 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. (after- wards 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 re- presented the Township of McNab as hia own private property-that he had sold and received the value n^ m 1 ioi The Last Laird oj MacNab. of the timber on the settlers' lots— that he had need 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 Jur- a a public nuisance — were all proved upon oath and clearly sustained by unimpeachable evidence except the last point* Mr. Hereford, 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 The Last Laird of MacNab 203 not The conrt 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 wascasuisty 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 state- ments. Even the inhabitants of all the townships in the Bathurst District firmly believed that the land was wholly MoNab'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. i!.H t)(f' 204 The Last Laird of MacNab. W I'j ^5 damages," stating at the same time' that that part of the justification respecting " public nuisance pre- sentment " was not clearly proved. This was a great triumph. The exposure was overwhelming and dis- graceful. The eyes of the whole Province were opened to the wrongs of the settlers and the oppressions of MoNab. His glory had departed, his prestige was gone. Although nominal damages were given for the failure of substautiating 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 America^ 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. — "TheMcNab of McNab,a ^«a«' Cana- dian nobleman and Highland Chieftain, obtained from a Toronto jury the sum of £5 for the loaa ot his ctiaraoter." Such were the effects of the trial upon the public The Last Laird of MacNab. 205 mind that Mr Hincks, who was then member for Oxford, was six weeks afterwards gazetted as " In- specter-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 during the ensuing winter, and eventually drive him away altogether. During the whole wmter Mr. Paris's mill was in- operative for the want of water. All remonstrances were in vain ; MoNab was inflexible. Neither he nor i I 206 The Last Laird of MacNab. Yuill would open a sluice. Mr. Paris suffered immense loss, aiid the settlers were put to incalcul- able inconvenience and expense. They were forced still to goto Pakenbam with their grists. I — s I .-3 The Last Laird of MacNab. 207 CHAPTER XIX. 1843— TRIUMPH OF MR. PARIS— UTTER DISCOMFITURE OF THE CHIEF. Driven almost to desperation, Mr. John Par?a at length resolved to institute legal proceedings for re- dress. To submit to this oppression was criminal. To apply to the courts for protection would entail enormous expense ; but no alternative presented it- self. 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 pre- pared 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. Baell 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 ill! lii It 2ca The Last Laird of MacNab. m ■I water. None had ever been tried in our courts for wibbholdiog and purposely stopping the natural flow of water down stream. Mr. Buell reported favorably on all points, and advised immediate legal proceed- ings. 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 poiut of attack. It was resolved to proceed criminally on this point, by indictment. Actions on the case were also commenced against Mc^iab and Wm. Yuill. At the Spring Assizes in May, 1843, Mr. Paris, attended by Daniel Mclutyre (Dancie), Mr. James Headrick,Sr., and a number of witnesses, having proceeded to Pertb, laid the matter before the Grand Inquest of the Bathurst District. A Pre- sentment 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 The Last Laird of Mac Nab. 209 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 pro- ceedings 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 demol- ished. 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-miU was moved further aio The Last Laird oj MacNab. I I'n , tit i1 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 sawmillonoe stood, a monument of the Chief's folly and futile revenge. The traveller, unaoquaint. ed 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 inten- tion. 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 plaintil . The damages against Yuill were £79, and against <^he Chief they were found and lixed at £35. No • v . of law was reserved. McNab was compelled to pay tne verdict with costs, but Wm. Yuill, having absconded soon after, has never paid a farthing to The Last Laird of MacNab. 211 this day. The victory, however, was complete and efleotaal. It settled the question of water stoppage forever. It was the final culmination of the defeat of McNtib's power. It was the last lawsuit with the Chitjf to Gstabhsb any of the settlers' rights, and it was the most efteotnal and triumphant. Ic was the termination of the final straggle of right against might. As Mr. Daniel Mclntyre (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 bis 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 '.'anished like the evanescent shadow of a disagree- able vision and is buried in the past forever. Soon after these verdicts the Laird left the township for- ever. Four years before he was in the height of 1' » # i 212 The Last Laird of MacNab. power, bad the ear ot the GoverDment, and conid outrage the law with impunity ; but a revoIutioD bad 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 afflu- ence. I % The Last Laird of Mac Nab. 213 CHAPTER XX. **LA«T LCENE OP 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 ha I 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 ac 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 I After the final \% 2t4 'Ihe Last Laird oj MacNab. •of L r I victory obtained by Mr. Paris, the people set to \eork with energy and vigor. New settlers docked 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 constracted over the Mada- waska River at Balmer Island, through the energy and exertions of Mr. Paris, the Keeve, 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 MoNab, among the rest, was affected with the religious epidemic. A large por- tion of the people broke off from Mr. Mann's congre- gation. Two new congregations were formed at Burnstown and White Lake, and in 1849 the Rev. S. G. 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 MoLachlin, who that year purchased the property from the Messrs. Middleton, The Last Laird oj MacNab. 2»5 of Liverpool. When it came into his possession it wore a most dreary aspect. The dam built by the Bochanans had been torn down — the grist-mill had entirely disappeared — the saw- mill was a shattered f oin, and all that stood was the tavern then occapied by Mr. James Hartney. The property was surveyed into town lots. The dam was rebuilt for Mr. Me- Lachlin by the Hincks Government in 1B5B, 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 allaring prospects — and in 1854 the sound of work- men's implements, the blows of the axe clearing the snrrounding 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 Jilneid of Virgil. Now Arnprior may boast of its three thousand inhabitants. Then only two families occupied the neglected waste. A few short years has eifected this prosperous change, and Mr. McLachlin's stone mansion is situated on the terraced 2l6 The Last Laird of Mac Nab. M banks of the majestic Ottawa, on the very site of Kennell Lodge, where the Chief of MoNab once ruled a sapreme despot, unchecked and nncontroiled. Then an order from the Chief was tantamount to a law and was obeyed with alacrity. Then the town- ship 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 cippression ; now the great majority are in- dependent, 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 Kenfrew. It may be said to be the empire township of the County. Had the contem- plated 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, pr in the same wretched The Last Laird of MacNab 217 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 constitational measures alone can remove. In 1888 the first^sohool 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 satisfaotion of our readers. At great pains to select documents to sub- stantiate 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 immi- gration, the Government may take warning from the % 2l8 The Last Laird of Mac Nab, past, and not entrust the powor wbioh the Chief of McNab at one time wielded, to any single individaal. Canada is too powerfal, 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 aad beneficent Victoria, herself generously in- terfered, 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 griev- ances may creep in, but if they do, this history will at all events teach statesmen to listen to and investi- gate the slightest complaint from individuals, how- ever humble and poor, lest the disgrace which over- whelmed 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. [the end.] 114 j lli1 u IF r sarn prei imp ing, exp( was enoi reco Pi write in th« ie«^[^N"^ OLDV .^ In recent times no j medicine has attained ' such a measure of popu- larity as DR. THOMAS' ECLECTRIC OIL. From every part of Canada, and from lands beyond the sea as well, a cry of relief has been heard. The wail of the victims to Rheumatism, Lumbago, Lame Back, Neuralgia, Diphtheria, Coughs, Colds, Sore Throat, Croup, Asthma, Catarrh and Earache, and the groans of those suffer- ... , J ^ . J"g from Burns, Bruises, Wounds and Sprams have been silenced— not by the cold hand of death, but by the timely use, and through the beneficent effect of DR. THOMAS' ECLECTRIC OIL. This incomparable medicmehas of late years created for itself an unprecedented demand, and that demand has been caused simply by the merits of the OIL, and not by advertising, for very few medicines have been advertised less. But wherever the 01 L has been introduced it has proved its own advertising agent. As regards healing power it has no peer, and the mass of testimony which has come to hand from those who have been cured by it, stamps it as possessing virtues exceeding those of other reme- dies at present on the market. If any one should presume to question the truth of this assertion, all that is necessary in order to answer the challenger is to point to the popularity of the medicine, and to the enormously increasing demad there is for it. Wild assertions count for nothing; "The proof of the pudding is in the eating of it " ; DR. THOMAS' ECLECTRIC OIL has been before the public for years, it has been well tried and it has not been found wanting. There is no alcohol in the OIL, therefore, there is no loss of strength from evaporation. It could not be made from any other ingredients, nor from the same ingredients in any other proportions. The secret of preparing this OIL rests not in its composition— although that is important— but largely on the proportions and manner of blend- mg, consequently much thought and many anxious hours were expended before success was achieved. But success ultimately was achieved, and thewelcome the OIL has met with, and the enormous sale it commands, at home and abroad, is more than a recompense. .^'^^^IN THE STOMACH CURED.-Mr. Omer Mahen, Longtinville, Ont. writes: •• Three bottles of DR. THOMAS' ECLECTRIC OIL cured me of a pain m the stomach alter ail other medicines 1 had tried failed to give me even relief." J I- tttl .V. i I W£ HEAD OFFICE: TORONTO. Every Prudent Man Feels it to be a duty to provide for his wife and family. The Unconditional Accumulative Policies issued by the Confederation Life Association provide instant and certain protection from date of issue. Rates and full information sent on application to the Head Office, Toronto, or to any of the Association's Agents. Hon. 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