The Last Laird of MacNab Part 6

Lot 25, con. 2, George Morris:--Government has granted a location to one Robert Peak, an old soldier, for this lot.

Lot 6, con. 4, Gregor McNab:--This statement is erroneous.

Lot 6, con. 4, Allan McNab:--This is the saw-mill as stated above.

Lot 14, con. 6, Duncan Anderson:--This is one of McNab's lots for which he is deeded.

Lot 24, con. 4, John McCallum:--This was an original grant for which McNab got no value for erecting a school establishment for the benefit of the township.

Lot 25, con. 4, Wm. Richards:--Wrong statement, it being the above lot.

Lot 5, con. 5, David Brunna:--Original grant, and deeded for a blacksmith's establishment for public benefit.

Lot 11, con. 5, Joseph Patterson:--This statement is not correct.

Lot 7, con. 6, Peter McIntyre:--These 80 were incurred for law expenses, this fellow having denied that he ever signed the original bond in Scotland.

Lot 12, con. 7, Donald McIntyre:--McNab considers himself bound, whenever this Donald McIntyre pays him in full of his claim, to be debited with the amount, conform to order in Council.

Lot 13, con. 7, John Campbell:--This lot is deeded to one Archibald McNab by mistake.

Lot 25, con. 7, James Miller:--False statement. This man has left the country.

Lot 25, con. 7, John Preston:--This man McNab took from Montreal.

He fled also.

Lot 5, con. 8, Arch. McNab:--This lot was deeded to McNab to establish a ferry.

Lot 11, con. 8, Neil Robertson:--Took this man and family from Montreal.

Lot 17, con. 8, James Aitkin:--Originally Colin McCaul, who was killed by a falling tree; afterwards to James Aitkin.

Lot 24, con. 10, James McLaren:--This is one of those who after getting a patent taken out, refused to grant a mortgage.

Lot 21, con. 11, A & G. Devin:--These are father and son, who with their family, I took from Montreal.

Lot 25, con. 11, Duncan Anderson:--This person, Anderson, was very useful to McNab on first settling the township, in procuring provisions and a.s.sisting to make the settlers comfortable, in which capacity and for his extra exertions and trouble, I originally granted him this lot. Many accounts accordingly pa.s.sed between us which is impossible for McNab to bear in mind at this distance of time: 16 years ago.

Lot 6, con. 12, Alex. McNab:--This is one of the most infamous characters in the township.

Lot 7, con. 12, Jas. McNee:--This person is my old family Piper, to whom I granted a lot of land and deed, but never received any value. He has a large family of sons.

Lots 18 and 19, con. 13, Alex. McDonell:--Originally granted these broken fronts and deeded for building a good inn and store for the benefit of the township and the public, which Mr. McDonell did, much for the comfort and accommodation of that part of the country.

It is a pity that Mr. Allan should state what he is not perfectly certain of.

Lots 20 and 21, con. 13, Michael Roddy:--This original grant was to one Walter Beckwith, under an agreement to build a comfortable inn for the accommodation of the public. In this he failed to cover what McNab had advanced; he sold the lot to one Michael Roddy, who is deeded for it.

It is here particularly to be observed that McNab was obliged to make many sacrifices, and in order to encourage an infant settlement, was induced to make several gratuitous grants of land to encourage tradesmen to settle in this remote quarter.

McNab cannot conclude these remarks upon Mr. Allan's report, without regretting much the spirit in which it is made or drawn up, and in more points than one, its total deviation from truth. For instance, obviously from a desire to deteriorate the value of the township, he states positively that there is no grist-mill in the township. Now the truth is there has been a very extensive mill establishment in active operation for these ten years past, both saw and grist, at Arnprior; that there has been a saw-mill in operation upon Waba River, for some time past, and a grist-mill erecting; also a third upon the very same creek (being reference to Mr. Hugh McGregor, who saw these mills frequently in operation). He takes also the liberty of remarking, under what consideration does Mr. Allan value the spot on lot McNab has built his cottage, at 15 shillings per acre?--by much the highest price he has valued (but which comes the nearest to the real value of any one he has valued), for MacNab most positively avers, and that without doubt, that the one-half of the township as settled is as good, if not better, than it.

McNab, with due deference, submits that according to the Order in Council, of date 27th Sept., 1839, which particularly provides that in the event of McNab's having secured any payment from any of the settlers, in whole or in part of the expenses incurred in taking them either from Scotland or Montreal to the township of McNab (as in the case of Donald McNaughton particularly referred to and provided for), that the said sum should be deducted from the sum awarded him (for instance his remarks as to Donald McIntyre's claim, in his observations upon Mr. Allan's report), but he respectfully, though positively, a.s.serts that no such inference or proposal as his repaying to the settlers any portion of the rents he received was ever mentioned or even proposed to him in his arrangements with the Government, the retaining, refunding, or repaying the small portion of rents he received never having been once suggested.

Upon looking over the rent-roll according to the terms or statements of the list of lots located and guaranteed by McNab in his agreement with the Government, he finds he has located altogether, exclusive of his own lands and those lands particularly referred to in his memorial as originally granted by him to tradespeople and for inns to accommodate the public, he finds 15,000 acres; and this at the upset price of lands, as sold by Government, will amount to 7,000, exclusive of 500 acres; which can still be sold at 5 shillings per acre. This, with the value of 2,000 worth of timber now to be disposed of by Government, besides the slate-quarries, will present a fair state of the value of the township to the Government. McNab at the same time taking this opportunity of remarking that if the payment of the amount of money as awarded by Government and agreed upon (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 refer to any Land Surveyor in the district, or take them at the same valuation himself, in whole or part payment of his money, as agreed upon by Government. It is here to be remarked that on making up any calculation upon this Report of Mr. Allan, that he has included all McNab's own lands and those lots he originally granted gratuitously for the encouraging the settlement of the township, and which, as he has already and frequently stated both in his Memorial and other doc.u.ments to the Government, and to which he refers.

(Signed) ARCH. McNAB.

Toronto, November, 1840.

P.S.--There is a gratuitous and invidious remark by Mr. Allan at the close of his Report, by which he rather commits himself; for after stating that there is no mill in McNab he says I am preventing other mills being built by not getting boards from my mill. Now, the truth is, I never had my mills in my own hands, having always let them for a rent, as they now are. I, of course, never interfere, nor can do so, only in getting my rent, no restrictions being put upon the tenants. A. McN.

CHAPTER XII. (1838.)

THE TRIALS--PEt.i.tION TO THE EARL OF DURHAM.

The rebellion of 1837 had been completely suppressed. To rush to arms against the const.i.tuted authorities is sinful, unless the people are ground down by repeated oppression, and even then the morality of a revolt is questionable, unless repeated applications for redress had been refused. Such was the case, then, in Upper Canada. Their pet.i.tions to the throne were unheeded, their remembrances ridiculed, their grievances unredressed. Driven to frenzy, they rebelled--not against their amiable and youthful sovereign, but in opposition to the tyranny of Sir Francis Head and the mal-administration of the Family Compact--of the Jones, the Sherwoods, the Macaulays, and the Hagermans--all closely connected by marriage or consanguinity. The insurgents had now been put down; peace and tranquility reigned over the land. Court-martials were being held in Lower Canada, while two of the leading rebels in the Upper Province, Lount and Matthews, were condemned and executed. Executions were of daily occurrence in Montreal. The drama of political vengeance was acted out _a l'outrance_. Mercy was not dreamt of. The law of High Treason was carried out in all its horror. Lieut. Weir's cruel and treacherous murder by Jalbert and his ruffian companions had steeled the hearts of the military judges and of the Executive against the common feelings of humanity. Montreal was baptized in a sea of blood. The minority had triumphed in both provinces. In both, the grievances of the people were overlooked, and their wrongs unredressed. The petty oligarchies in each looked forward for many years to a reign of supremacy, without question or molestation. But they were, fortunately for the country, disappointed. Statesmen at home came to the conclusion that something was wrong. Lord Glenelg roused himself from his sleepy apathy, and Viscount Glenelg from his luxurious ease and voluptuous excesses, and in alarm stayed the effusion of blood--stopped all further executions, sent out a special commission composed of the Earl of Durham, as Governor-General, Sir George Grey, and Sir Charles Gibbs.

They recalled Sir Francis Head, and superseded Lord Gosford. Sir George Arthur was appointed Lieut.-Governor of the Province, instead of the notorious Bond Head. The Chief had now lost his best and most accommodating friend. Everything was looking up for the settlers. Lord Durham's name was the household word for radical reform. He was the very man for the aggrieved settlers of McNab.

While these important matters were going on through the country, the Laird was preparing fresh suits. Mr. Allan Stewart (late Treasurer of the Township) had inadvertently cut some timber on one of the unlocated lots in the township. The Chief, hearing of this, at once evoked the aid of the Attorney-General, and commenced _a qui tam_ suit against Mr.

Stewart for trespa.s.sing on the lands of the Crown.--Stewart at once went and offered the Chief the duty. No; his Lairdship required the timber.

This Mr. Stewart refused to give. While this action was in progress, the trial of Donald Mohr McNaughton was approaching. The Chief got his witnesses subpoenaed, and all parties bent their steps to Perth. The Quarter Sessions came on; Col. Alex. Fraser was elected chairman. Donald McNaughton was put in the bar, and indicted on several counts, the princ.i.p.al of which was a.s.sault with intent, etc. Daniel McMartin, Esq., conducted the prosecution; Mr. Radenhurst the defence. Manny Nowlan, in his evidence, which was overstrained and exaggerated, did his best to convict the accused. Mr. D. C. McNab, then residing with the Chief--a mere youth--also was a witness, and simply related the facts as they occurred. Donald Mohr was quite satisfied with the latter's evidence and called no witnesses. Col. Fraser, to his credit be it spoken, charged the jury to find a simple a.s.sault and entirely ignored that of a more aggravated nature. The jury retired, and brought in a verdict of "Guilty of simple a.s.sault of a trifling nature, under strong provocation, and recommends the defendant to the leniency of the Court." The sentence was 2 10s. and costs. The sentence was light, but the costs amounted to 17 5s. Scarcely had the sentence been p.r.o.nounced, when an execution was placed in the Sheriff's hands against the Chief for the balance of the judgment for the road money. The Chief's horse was at once seized at Cross's stables, and notices of sale freely distributed through the town. McNaughton at once paid his fine and the costs, amounting in all to 19 17s. 9d. Had he been a poor man, he would have been imprisoned for months, or perhaps years, but unfortunately McNab's victim had the means, and he was foiled somewhat in his expectations. The Court rose.

The two antagonists met at the door of the Court House.

"See what it is, Donald," exclaimed MacNab, "to oppose your Chief."

"See what it is, Chief," replied McNaughton, "not to pay your debts.

Your horse is now seized and will be sold for the road-money."

"Pho, nonsense!" said the Laird, "they would not dare to do that. You better not get up another pet.i.tion against me."

"That we will, and a dozen of them," was the reply, "now that Lord Durham is coming out."

The Chief stalked away in proud disdain, snorting like a rhinocerous; but he found Donald's words true; his horse was impounded, and he had to borrow the money from Craig-darroch to get him released.

No sooner had McNaughton reached home than a general meeting of the whole township was held at the Flat Rapids, and it was unanimously resolved to memorialize the new Governor-General, and send a special delegate to wait upon Lord Durham, upon his arrival at Montreal. Mr Allan Stewart drafted the pet.i.tion, and he was selected as the most proper person to present it. He started on his mission in July of this year, after having the pet.i.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 n.o.bleman disdained to enter any house in the city. He chartered the _John Bull_ steamer, which was fitted up sumptuously for his accommodation, and this was his temporary palace. Mr. Stewart intended to present the pet.i.tion to him in person; but just as he reached the wharf Lord Durham had disembarked, and instantly jumped into a carriage. His _aide-de-camp_, Col. Cooper, seeing Stewart's perplexity, at once went up to him, frankly entered into conversation, took the pet.i.tion, and promised to present it.

Stewart gave him his address. Col. Cooper was as good as his word. Next day Stewart received a reply, stating that as soon as the viceroy reached Toronto, an investigation would be held in these matters, and justice should be done.

In the meantime, while the settlers were getting up active measures of resistance, the Chief was preparing a blow and maturing a plan, which if successful, would have placed the people completely under his power, and which nothing but endless litigation and the intervention of Chancery could render nugatory.

Upon hearing of the appointment of Lord Durham as Lord High Commissioner, he became intuitively aware of his danger, and hastily applied to the Government for a _Trust-Deed_ for 10,000 acres, so that he might transfer to those settlers who had settled with him, the portion of land upon which each had been located. This application reached Toronto two days after the departure of Sir Francis Bond Head.

Had that gentleman been occupying the gubernatorial chair, the Trust-deed would have been at once handed over to the Laird; but, luckily for the settlers, Sir George Arthur had arrived, and he was a different sort of character from his predecessor. The Council were for granting what McNab asked. The Lieut.-Governor demurred, and the Chief was summoned to Toronto. He arrived early in June, 1838, and had an immediate interview with His Excellency. Sir George heard his story, and became more determined than ever to refuse his application; it was too much power to put in the hands of one man. McNab might, under the deed, sell to any one who would become a settler, the lands under location to his rebellious followers. Thus argued Sir George, and he reasoned correctly. The application was refused. The Chief then devised another scheme more nefarious than the former, which he was within a hair's breath of accomplishing. The following public doc.u.ments will speak for themselves, and tell the tale:--

[COPY.]