[report.]
Remarks upon the Petition of Angus McNab and other settlers in the Township of McNab, on the inspection and Report of the general affairs of the Township of McNab, by Francis Allan, Agent of the Honorable, the Commissioner of Crown Lands, in the Bathurst District:
With regard to the assertion of the Petitioners that the McNab "cannot show where he has laid out one shilling for their behoof," I have to state that after the most minute enquiries on the subject, both amongst the settlers and others in the neighborhood, I have not found it in a single instance contradicted. The roads, except where naturally hard and dry, are in a most miserable condition; and the settlers state that they have been prevented from working upon the regular lines of road by the McNab's exercising his authority as a magistrate, and calling them to work upon roads which they allege was either to conduce to his own personal advantage, or gratify his caprice. They state that they have been frequently called upon by him to expend their statute labor upon a new road in one season, and before the next, it was laid aside and another projected. The two roads of approach on the south-east side of the township are most wretched—one of them all but impassable, a horse going to the belly every few rods, at least on one of them, for miles together, in the month of August. And yet I have not been able to discover that the MacNab ever laid out one shilling for the repair of roads, beyond his ordinary statute-labor. I heard, indeed, that he subscribed £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 presence), that he had to convey all the provisions for his settlers at the commencement upon men's backs, from Bolton's Mills in Beckwith. It is most confidently affirmed—and that in the most general way—that one pound of provisions was never conveyed from hence, or anywhere else, at his expense for the benefit of the settlers. They were under the necessity of travelling into Beckwith and Ramsay amongst their friends and acquaintances to procure provisions for themselves and families upon credit. And many of the settlers and others state that had it not been for the generosity of the Beckwith people they possibly might have perished; and worse than all, McNab wrote to one or more of the inhabitants of Beckwith, cautioning them against trusting or crediting his settlers.
That he has obtained timber-duties, less or more, since the year 1832 to the present time, is perfectly true—previous to his obtaining the privilege of the timber-duties in 1835, and even since, he was in the habit of granting licenses to cut timber on lands which he had actually located, and of locating lots in names of persons apparently for no other purpose than to obtain the timber. I have had no opportunity of judging of the amount of his receipts from this source, but felt confident it must have been immense, and do not discredit the statements in the petition, either with regard to his receipts in general, or this season. A person named Duncan Campbell, residing on No. 23 in 12th concession stated to me that he was ready to prove that he got his license from McNab to cut timber in the month of January last, but it was dated in the month of August preceding.
It has also been most positively affirmed that McNab has passed great quantities of timber as having been cut in McNab township, taken from the adjoining townships; and that on one occasion he passed a whole raft as such, which came down the Ottawa far above McNab. This last, though convinced in my own mind on the subject, would be very difficult to prove, seeing that the lumberers, the principal witnesses, were implicated in the fraud.
It is also beyond all question that the McNab has collected rents of all settlers from whom he could obtain it, whether brought out by him or not. There are only about 15 or 16 families in the township that he brought out. It is also certain that he has sold land at high prices. He sold No. 17 and 18 broken lots in the 13th con. to Alexander McDonald for £120. He sold No. 20 and 21 in the 13th con. to Michael Roddy, for £150, as appeared from written evidence produced to me. And written evidence was also produced that Duncan Anderson sold No. 25 in the 11th con. to Michael Roddy, with the improvements, for £500, and that McNab got one half, and Anderson the other. And several other lots he had sold, or attempted to sell, for clearing land to him. To my certain knowledge, Anderson drew 100 acres of a free grant previous to his going to McNab, in the township of Beckwith, and afterwards sold it. Two other persons have also received grants from the McNab, viz.: Donald Fisher in the 1st con., and John McCallum in the 4th con., who formerly received free grants from the Government. Those two last, however, deny having paid McNab any consideration for their present possessions.
That very many of the settlers have been harassed with law, is also incontrovertible; and many more kept in constant alarm by threats of being sued by the McNab. In the case of John Campbell, located on N. E. half of 13 in the 7th con., by trade a blacksmith, came into the country at his own expense, refused to pay the Chief rent, or grant a mortgage on the lot. The Laird therefore, upon what authority I know not, seized his tools and kept them for a great number of years.
In another case, an illegal document was shown me, purporting to be a Declaration by the McNab regarding some alleged debt, stated to have been an extortion annexed to which was a warrant signed by another magistrate of the name of Richey, for the purpose of arresting a sum of money in the hands of a third person; and I was informed that this illegal conduct was actually carried into effect.
Another case it is particularly my duty to mention.—Duncan McNab, who was originally located on No. 13 in the 1st con., and Duncan Anderson, mentioned above as having sold 200 acres and was again located on another 100 acres in the 4th con., thought proper to exchange lots. The Chief, as is alleged, being offended with Duncan McNab, sued him with the intent of putting him off the lot. D. McNab gained his suit and in order to get the better of him, the Chief upon some pretext or other got out a patent for the lot, brought on the suit again, and now having the Government patent to produce, gained it, thus utterly ruining a poor man with a young family. Anderson, however, remains in undisturbed possession of D. McNab's lot.
To conclude, I beg to report that the McNab has drawn or procured the deeds of the greater part of the most valuable lots in the township; and also to record my opinion, that independent of the wanton oppression and outrages of humanity which the settlers allege against him, McNab has conducted the affairs of the township in the worst possible manner for the interests of the settlers or the country. There is not a grist-mill at present in the township and many of the settlers have to travel fourteen, fifteen and sixteen miles to mill, through roads which in any part of the country as long settled as McNab would be deemed disgraceful. The system of rent and mortgage, added to an arbitrary bearing and persecuting spirit, seems to have checked all enterprise, and paralyzed the industry of the settlers. In fine, had the McNab studied it he could not have followed a course more calculated to produce discontent and disaffection amongst a people. The devotion of Scotch Highlanders to the Chief is too well known to permit it to be believed that an alienation such as has taken place between McNab and his people, could have happened unless their feelings were most grossly outraged.
All of which I have the honor to submit to Your Excellency's consideration.
(Signed)Francis Allan,
Agent Bathurst District.
We publish the reply of the Chief to Mr. Allan's remarks. It is anticipating the history for two years, but necessity requires us to insert it, so that the occurrences which follow may be believed.
M'NAB'S REPLY.
Remarks by the Laird of McNab upon the report of Francis Allan, Esq., on the Township of McNab:
Broken lot No 12, concession 1, Thos. McLachlan:—This agreement is cancelled, and these lots open.
Lot 15, con. 1, Donald Fisher:—This lot was originally granted and deeded for a carpenter establishment, for encouragement of settling the township.
Lot 16, con. 1, John Wallace:—McNab has received no duty of timber as yet.
Lot 18, con. 1, A. D. McNab:—McNab reserved the timber upon this lot.
Lot 26, con. 1, Andrew Hamilton:—False statement: paid all the expenses of passage from Montreal.
Lot 18, con. 2, Dugald Stewart:—False statement: reserved the duties.
Lot 19, con. 2, A. C. McFadden:—False statement: the son has fled, accused of rape.
Lot 25, con. 2, James Morris:—This is one of those who would not grant a mortgage upon his lot: conform to location ticket after the patent was taken out for him.
Lot 5, con. 3, Duncan Robertson:—This agreement cancelled, as mentioned above.
Lots 6 and 7, Smith Luth and Allan McNab respectively:—Originally granted to Gregor McNab and Allan McNab, with broken front of No. 6 of the 14th con., for erecting mills for the benefit of the township. Gregor McNab went home to Scotland to realize funds, where he died; and these broken fronts were deeded to Allan McNab. The saw mill has been in operation some time, and the grist-mill will be completed next year; McNab got no value for them.
Lot 25, con. 2, George Morris:—Government has granted a location to one Robert Peak, an old soldier, for this lot.
Lot 6, con. 4, Gregor McNab:—This statement is erroneous.
Lot 6, con. 4, Allan McNab:—This is the saw-mill as stated above.
Lot 14, con. 6, Duncan Anderson:—This is one of McNab's lots for which he is deeded.
Lot 24, con. 4, John McCallum:—This was an original grant for which McNab got no value for erecting a school establishment for the benefit of the township.
Lot 25, con. 4, Wm. Richards:—Wrong statement, it being the above lot.
Lot 5, con. 5, David Brunna:—Original grant, and deeded for a blacksmith's establishment for public benefit.
Lot 11, con. 5, Joseph Patterson:—This statement is not correct.
Lot 7, con. 6, Peter McIntyre:—These £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 assisting to make the settlers comfortable, in which capacity and for his extra exertions and trouble, I originally granted him this lot. Many accounts accordingly passed between us which is impossible for McNab to bear in mind at this distance of time: 16 years ago.
Lot 6, con. 12, Alex. McNab:—This is one of the most infamous characters in the township.
Lot 7, con. 12, Jas. McNee:—This person is my old family Piper, to whom I granted a lot of land and deed, but never received any value. He has a large family of sons.
Lots 18 and 19, con. 13, Alex. McDonell:—Originally granted these broken fronts and deeded for building a good inn and store for the benefit of the township and the public, which Mr. McDonell did, much for the comfort and accommodation of that part of the country. It is a pity that Mr. Allan should state what he is not perfectly certain of.
Lots 20 and 21, con. 13, Michael Roddy:—This original grant was to one Walter Beckwith, under an agreement to build a comfortable inn for the accommodation of the public. In this he failed to cover what McNab had advanced; he sold the lot to one Michael Roddy, who is deeded for it.
It is here particularly to be observed that McNab was obliged to make many sacrifices, and in order to encourage an infant settlement, was induced to make several gratuitous grants of land to encourage tradesmen to settle in this remote quarter.
McNab cannot conclude these remarks upon Mr. Allan's report, without regretting much the spirit in which it is made or drawn up, and in more points than one, its total deviation from truth. For instance, obviously from a desire to deteriorate the value of the township, he states positively that there is no grist-mill in the township. Now the truth is there has been a very extensive mill establishment in active operation for these ten years past, both saw and grist, at Arnprior; that there has been a saw-mill in operation upon Waba River, for some time past, and a grist-mill erecting; also a third upon the very same creek (being reference to Mr. Hugh McGregor, who saw these mills frequently in operation). He takes also the liberty of remarking, under what consideration does Mr. Allan value the spot on lot McNab has built his cottage, at 15 shillings per acre?—by much the highest price he has valued (but which comes the nearest to the real value of any one he has valued), for MacNab most positively avers, and that without doubt, that the one-half of the township as settled is as good, if not better, than it.
McNab, with due deference, submits that according to the Order in Council, of date 27th Sept., 1839, which particularly provides that in the event of McNab's having secured any payment from any of the settlers, in whole or in part of the expenses incurred in taking them either from Scotland or Montreal to the township of McNab (as in the case of Donald McNaughton particularly referred to and provided for), that the said sum should be deducted from the sum awarded him (for instance his remarks as to Donald McIntyre's claim, in his observations upon Mr. Allan's report), but he respectfully, though positively, asserts that no such inference or proposal as his repaying to the settlers any portion of the rents he received was ever mentioned or even proposed to him in his arrangements with the Government, the retaining, refunding, or repaying the small portion of rents he received never having been once suggested.
Upon looking over the rent-roll according to the terms or statements of the list of lots located and guaranteed by McNab in his agreement with the Government, he finds he has located altogether, exclusive of his own lands and those lands particularly referred to in his memorial as originally granted by him to tradespeople and for inns to accommodate the public, he finds 15,000 acres; and this at the upset price of lands, as sold by Government, will amount to £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 documents to the Government, and to which he refers.
(Signed)Arch. McNab.
Toronto, November, 1840.P.S.—There is a gratuitous and invidious remark by Mr. Allan at the close of his Report, by which he rather commits himself; for after stating that there is no mill in McNab he says I am preventing other mills being built by not getting boards from my mill. Now, the truth is, I never had my mills in my own hands, having always let them for a rent, as they now are. I, of course, never interfere, nor can do so, only in getting my rent, no restrictions being put upon the tenants. A. McN.
CHAPTER XII. (1838.)
THE TRIALS—PETITION TO THE EARL OF DURHAM.
The rebellion of 1837 had been completely suppressed. To rush to arms against the constituted authorities is sinful, unless the people are ground down by repeated oppression, and even then the morality of a revolt is questionable, unless repeated applications for redress had been refused. Such was the case, then, in Upper Canada. Their petitions to the throne were unheeded, their remembrances ridiculed, their grievances unredressed. Driven to frenzy, they rebelled—not against their amiable and youthful sovereign, but in opposition to the tyranny of Sir Francis Head and the mal-administration of the Family Compact—of the Jones, the Sherwoods, the Macaulays, and the Hagermans—all closely connected by marriage or consanguinity. The insurgents had now been put down; peace and tranquility reigned over the land. Court-martials were being held in Lower Canada, while two of the leading rebels in the Upper Province, Lount and Matthews, were condemned and executed. Executions were of daily occurrence in Montreal. The drama of political vengeance was acted out a l'outrance. Mercy was not dreamt of. The law of High Treason was carried out in all its horror. Lieut. Weir's cruel and treacherous murder by Jalbert and his ruffian companions had steeled the hearts of the military judges and of the Executive against the common feelings of humanity. Montreal was baptized in a sea of blood. The minority had triumphed in both provinces. In both, the grievances of the people were overlooked, and their wrongs unredressed. The petty oligarchies in each looked forward for many years to a reign of supremacy, without question or molestation. But they were, fortunately for the country, disappointed. Statesmen at home came to the conclusion that something was wrong. Lord Glenelg roused himself from his sleepy apathy, and Viscount Glenelg from his luxurious ease and voluptuous excesses, and in alarm stayed the effusion of blood—stopped all further executions, sent out a special commission composed of the Earl of Durham, as Governor-General, Sir George Grey, and Sir Charles Gibbs. They recalled Sir Francis Head, and superseded Lord Gosford. Sir George Arthur was appointed Lieut.-Governor of the Province, instead of the notorious Bond Head. The Chief had now lost his best and most accommodating friend. Everything was looking up for the settlers. Lord Durham's name was the household word for radical reform. He was the very man for the aggrieved settlers of McNab.
While these important matters were going on through the country, the Laird was preparing fresh suits. Mr. Allan Stewart (late Treasurer of the Township) had inadvertently cut some timber on one of the unlocated lots in the township. The Chief, hearing of this, at once evoked the aid of the Attorney-General, and commenced a qui tam suit against Mr. Stewart for trespassing on the lands of the Crown.—Stewart at once went and offered the Chief the duty. No; his Lairdship required the timber. This Mr. Stewart refused to give. While this action was in progress, the trial of Donald Mohr McNaughton was approaching. The Chief got his witnesses subpœnaed, and all parties bent their steps to Perth. The Quarter Sessions came on; Col. Alex. Fraser was elected chairman. Donald McNaughton was put in the bar, and indicted on several counts, the principal of which was assault with intent, etc. Daniel McMartin, Esq., conducted the prosecution; Mr. Radenhurst the defence. Manny Nowlan, in his evidence, which was overstrained and exaggerated, did his best to convict the accused. Mr. D. C. McNab, then residing with the Chief—a mere youth—also was a witness, and simply related the facts as they occurred. Donald Mohr was quite satisfied with the latter's evidence and called no witnesses. Col. Fraser, to his credit be it spoken, charged the jury to find a simple assault and entirely ignored that of a more aggravated nature. The jury retired, and brought in a verdict of "Guilty of simple assault of a trifling nature, under strong provocation, and recommends the defendant to the leniency of the Court." The sentence was £2 10s. and costs. The sentence was light, but the costs amounted to £17 5s. Scarcely had the sentence been pronounced, when an execution was placed in the Sheriff's hands against the Chief for the balance of the judgment for the road money. The Chief's horse was at once seized at Cross's stables, and notices of sale freely distributed through the town. McNaughton at once paid his fine and the costs, amounting in all to £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.