At the close of this year, in consequence of his dispute with the Buchanans, the Chief procured a specific grant of all the white-pine timber on all unlocated lands in the township. This grant was made by patent, but he took special care in locating new lots to reserve the timber for his own use. We now find McNab at the close of this year (1835), engaged in a law-suit with Mr. George Buchanan and others involved in a dispute with the Commissioners respecting road-grants, and making a new farm and building a new cottage at White Lake.—His hands were full, but this did not prevent him from carrying out his revenge on certain of the "black sheep," the full particulars of which will be detailed in the following chapter.
CHAPTER IX.
1836 AND 1837—IMPRISONMENT OF THE M'INTYRES—DISAFFECTION OF THE SETTLERS.
This year opened with disputes between McNab and the people, about the road money. At the town meeting Duncan McNab resigned his commissionership, and Angus McNab was elected in his stead.—Before the town-meeting had terminated its business, the Laird made his appearance, told the people he had the money, pulled our a large roll of bills, and openly defied the commissioners. If the money was not laid out where he wanted it, they would not have the satisfaction of expending it at all. He said he would return it to the Treasurer with instructions not to pay it over without his order. Accordingly he returned £100 to Mr. McKay, who was then County Treasurer; the remainder he kept in his own hands. The commissioners could not go on with improvements. The bridge at Johnston's Rock (Burnstown), had to be postponed; legal advice was taken, and a suit, under the management of the late T. M. Radenhurst, was commenced against the Chief. While this was going on the Chief had procured a ca. sa against John McIntyre and his son Peter. In the dead of winter, in the latter end of January, 1836, the officers of the law made a raid into the Flat Rapid settlement, arrested and carried off the two unfortunate victims of the Chief's anger. The old man, John McIntyre, was then seventy years of age, and his son Peter was in the prime of manhood. Their wives accompanied them to Kennell. The old man was not allowed an overcoat to keep the cold from his attenuated frame. He was not permitted even to go to the house for a change of clothes, for fear of a rescue. Peter McIntyre was one of the persons who, in company with John Buchanan, had assisted the Chief to fly from his unrelenting creditors at home; and these were his thanks, and this the Chief's gratitude! Forgetting former kindness and former assistance in a pressing emergency, in thus gratifying his vengeance and appeasing his mortified pride the poor McIntyres were made to suffer. He had not spent a shilling of his own money in bringing them out. Dr. Hamilton and his sister, Mrs. Fairfield, had paid all the settlers' 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 imposed, and made the settlers a present of the consideration. The McIntyres were brought to Perth. Peter McIntyre's wife's friends in Beckwith went security for the amount, and he was speedily liberated. Donald McIntyre, sr., was also arrested, but his sons paid the amount, and demanded the patent. Old Mr. McIntyre remained in the debtors' prison in Perth. He would allow no one to go security, or pay the amount. His feelings had been cruelly outraged. 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 be over; and if I end my life here, no one will be the worse. I will not undertake to do what I cannot perform. It was a weary day for me when I left Scotland. I have suffered trials and hardships ever since."
The old man remained imprisoned for three months, receiving the allowance of five shillings per week. One morning it was fortunately forgotten, and Mr. McIntyre was released. He went to a desolate home, and were it not for exertions of his two sons, John and Daniel, Mr. McIntyre would have perished from sheer inanition. He never got over it; he lingered for three years, and then died broken-hearted. The Chief had taken everything he possessed, and left him without a cow, or even a solitary hen. A burst of indignation went through the whole township against the Chief; and even his most intimate friends and subservient toadies could not defend him. Instead of this transaction being a warning to others, it proved the contrary. It called forth an universal feeling of sympathy for the poor sufferers, and a determination of the settlers to resist further encroachments. The report of the Buchanans, that McNab 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 settlers, with these four or five exceptions, endeavored 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 delight), 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 of labor was about ten miles distant from some of the settlers' homes. The labor on the west side of the Madawaska was ordered to be expended between Arnprior and the 2nd concession line, bringing some of the settlers away from their own roads, which very much needed a large amount of work.
This apportionment the commissioners determined to oppose as unjust and unreasonable. They ordered the pathmasters to lay out the statute-labor in their own divisions, irrespective of the magisterial fiat. The same thing occurred next year—1837. The Laird now resolved to punish both pathmasters and commissioners; the pathmasters by forcing them to go to Perth at their own expense to give evidence, and the commissioners, to indict them before the Grand Jury. Accordingly, he procured a criminal subpœna from the Deputy Clerk of the Crown, Mr. Sache, summoning John McLachlin, James McKay, Duncan McNab, and ten other pathmasters to give evidence against Angus McNab, Donald Mohr McNaughton and, Jas. Carmichael. The poor pathmasters, dreading the consequences, obeyed, travelled to Perth a distance of between fifty and sixty miles, in the very middle of harvest (August, 1837), were detained there four days, and on the fourth were examined by the Attorney-General, Mr. W. H. Draper, (afterwards Chief Justice), and dismissed without a penny—dismissed without even going before the Grand Jury,—because Mr. Draper found there was no case to submit to the Grand Inquest. Thus, fourteen poor settlers 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 judgment against the Laird for the money granted by the House of Assembly. It was sent to the Chief. He had retained £100 in his own hands. The other £100 was in the County Treasury. The Chief immediately 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 settlers were increasing in their disaffection and efforts of resistance, another act of injustice was perpetrated which never could have taken place under any 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 integrity 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 majority of the House of Assembly, led by Mackenzie, Baldwin, Bidwell and Rolph, was against him and his government. He ignored the acts of the majority. C. H. Hagerman bullied, or attempted to bully, the independent members of the House. He did the dirty work of a dirty and oppressive government. These were the men who were then 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 Laird excelled him in these characteristics. The Lieut.-Governor had the airs of a dancing-master, and the braggadocio of a Gascon; McNab possessed the same admirable qualities. Head was tyrannical 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 politician. Here there was a dissimilarity, for McNab in 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 located by the Chief on Lot No. 14 in the 4th concession. 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 to Michael Roddy, as will hereafter be seen in the report of the late Francis Allan, Esq. Duncan McNab wanted a good lot for farming. They exchanged lots, and assigned location-tickets. D. McNab went to reside in the 14th of the 4th and Anderson took possession of D. McNab's land. The Chief at first sanctioned the agreement. It was nothing to him. His interests did not suffer by the transfer. A few months afterwards Duncan McNab had given some offence to the Laird. He served a notice upon poor Duncan to quit the place, as he disapproved of the arrangement, and intended to take out the patent for himself. Six weeks afterwards he applied to his friend, Francis; and although a copy of the location ticket was filed in the Crown Land office, and Duncan 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 commenced 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 verdict entered for plaintiff at one-shilling damages. The Hon. Jonas Jones tried the case; said it was a great hardship, and openly recommended it to be referred to Chancery—saying that the courts 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. Radenhurst took advantage of this lapsus, and moved for a new trial in term, which he obtained. Leaving this matter for the present, as its termination belongs to the record of a subsequent year, we now revert to stirring events in the township and in the province.