CHAPTER XV. (1840.)

MISSION TO PERTH—THE LAIRD PRESENTED AS A PUBLIC NUISANCE—MR. FRANCIS ALLAN SENT TO INVESTIGATE 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 McIntyre, 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. Chairman and the magisterial wiseacres who surrounded him scouted the idea of yielding to the settlers' wishes. "We have appointed two of our number to apportion the statute-labor, and that appropriation must be final." Only one gentleman advocated the prayer of the petition, and worked long and strenuously for its adoption, and that gentleman was Mr. McIntyre, 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 their claims, brought in the following Presentment:—

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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 McNab, 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 equitably or according to justice; that the said Archibald McNab has acted tyrannically and oppressively, and is a nuisance 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 the settlers of McNab, as represented by the Pathmasters of the said Township.

(Signed),John King,
Foreman.

When this Presentment was read by Mr. Berford, the Chairman, Morris, turned almost purple with rage. Even his immobile features were moved. The cast-iron lineaments gave way to anger at the presumption of two young men questioning the decision of that august Court, and at the temerity of a Grand Jury for making such a Presentment. "File that away, Mr. Berford," exclaimed the Chairman; "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 township. 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 Township, and gave written contracts and commutations 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, to the Hon. W. H. Draper, then Attorney-General. The reply they received was that the Wardens and the people had acted strictly in accordance with the law. The benchers of the Solomon'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 Canada was on the eve of a bloodless revolution which in less than two years would deprive the magistrates of all municipal power, and leave the management of local affairs in the hands of the people alone.—Their support of the Chief was carrying out and extending the principle of ultraism, 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. Threats were made of indicting the leaders for conspiracy. Threats could not now intimidate, or stay their proceedings. To indict a whole community was preposterous. Yet, incredible as it may appear, the attempt 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 endeavored to complete it. To keep his own grant of 5,000 acres, or its equivalent in cash value unimpaired, he, in the spring of 1838, surreptitiously obtained a patent for Lot No. 13 in the 7th concession of McNab, the lot upon which Donald Stewart (the father of Allan Stewart) and John Campbell were located, in the name of "Archibald McNab, a settler under McNab of McNab," in all confidence imagining that he could easily obtain a transfer from any of the Archibald McNabs then residing in the township. There were two of that name from Isla—very illiterate and simple-minded men—old Archibald and his son Archibald McNab, Jr. Having procured the patent on the representation that they had fulfilled their terms of settlement, and had paid them up in full, he, in 1840, procured a conveyance to himself to be drafted, and proceeded to their residence. He represented to the old man that the patent had issued by mistake, and wished either of them to execute the conveyance to him. The old man having been warned beforehand absolutely refused to do anything of the kind. The son was equally obdurate. The Chief could not get the patent cancelled without going into Chancery and falsifying all the representations he had made to the Government respecting the lot. He was in a dilemma. So the matter stood. Mr. D. C. McNab having heard of the attempt, strongly advised Archibald McNab to execute a conveyance to Donald Stewart. If it was legal for him to convey the lot to the Chief, it was equally legal to transfer it to any other person. The honest old man at once yielded to the claims of justice. He was saving two men from further persecution, and effectually frustrating the inimical designs of the Chief. The conveyance to Stewart and Campbell was executed and registered before the Chief knew anything of the transaction. He only discovered it some months afterwards, when he heard that both Stewart and Campbell had voted at the election of March, 1841, the first election under the "Union Act." Then his fury knew no bounds. He consulted his legal adviser. The courts of common law could give him no redress. He petitioned the Government to cancel the patent, as it had been issued in a mistake. He was met by his own report when the patent was applied for. "How could it have been a mistake," exclaimed Lord Sydenham, "when the McNab himself states in his written application to Sir Francis Head in Council—'Archibald McNab, a worthy old settler, has performed all the settlement duties upon lot No. 13, in 7th concession, and has paid me up in full all the outlay in bringing him to this country—therefore I apply for his patent, and enclose the fee for it.' The patent must stand." Some years afterwards, the Chief got the Hon. J. H. Cameron to bring an action of Ejectment against Allan Stewart and Campbell, on the grounds of a mistake in the deed; but the conveyance was held to be good, and the case was laughed out of court, and the parties, Mr. Stewart and Mr. John Campbell are still in possession, and own the property. Thus his weapons of vengeance were turned against the Laird, and what he meant for evil and injury turned out for the benefit and advantage of the locatees. In August, 1840, Lord Sydenham as before stated, sent the late Francis Allan, Esq., of Perth, an impartial and upright man, as special commissioner to investigate all matters connected with the township of McNab. Mr. Allan was, before he undertook the mission, being a strong Conservative, rather biased against the settlers than otherwise, and favorable to the Chief; but when he discovered upon personal inspection how matters stood; when after a month's diligent enquiry from settler to settler, and upon the examination of both oral and documentary evidence, ascertained the real state of affairs, his strong integrity of soul, throwing aside all foregoing conclusions, all political bias, all hearsay reports, gave birth to that celebrated report already published which broke the chains of the settlers, and emancipated them from the trammels of feudalism forever. The lands of the settlers were valued at their real worth, and a price fixed on each lot, in the event of their being sold to the people. They had strong hopes that the Government would carry out the original grant in all its integrity, as recommended by Lord Durham's committee.—Their hopes were elevated into bright anticipations for the future, on the advent of a special commissioner; but it was not for two years afterwards they knew the result of the investigation, or the decision of the Executive.