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 late 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 entirely cease. Miller's treatment perpetuated a sentiment of respect in some, of fear in others, so that nearly at the very outset of its settlement the Township of McNab was divided into two parties, the Opposition and the staunch adherents of the Chief. When they first arrived, there were several lumberers carrying on their operations in the township, 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, served as channels of communication. It was in January 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 McNab'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 township in order to keep on terms with the Government of the day, which gave him every latitude, and did for him whatever he asked. Accordingly he proceeded to Montreal, met with some emigrants (1827), and by glowing descriptions, plausible representations and enticing promises, induced them to come to "his township," among whom were the Hamiltons, 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 per acre to be paid him and his heirs and successors forever. Here the reader will perceive that by the wording of his location tickets, he already contemplated the establishment of a principality on the Ottawa. Mr. Airth, soon after his arrival, discovered that he was entitled to a grant of 200 acres, as a sergeant in the Royal Artillery. He consequently left the Goshen settlement of McNab and drew land in the neighboring Township of Horton, where he at present resides. About this time (1829) Messrs. Alexander and Daniel Ross, having made improvements on Lot No. 3, in the 14th concession of McNab, with the intentions of erecting mills on that lot which is now partly occupied by the flourishing village of Arnprior, would not agree to the Chief's terms, as the lot was originally a Clergy Reserve. The Chief exchanged 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 communication to the Chief. They were intimate friends. Sir John had offered McNab a place in the Government and a seat in the Legislative Council, which was politely declined. The Chief's affable manner, his imposing and noble appearance, the manly beauty of his person, and that chivalrous politeness which he had acquired in France, together with his generous expenditure, both at home and abroad, had so won on the Lieut.-Governor that he could not believe the accomplished gentleman was a tyrant, nor the handsome Highland Chieftain a cruel despot, as represented in the letter, and if one statement appeared false, the whole must be without foundation—thus reasoned the simple and honorable soldier. Besides, the complaint was anonymous and consequently cowardly and untrue. It was attributed to ingratitude and discontent.
When the Laird of McNab received the communication, he was surprised at its audacity. To discover its author was his first object, to punish him his next effort. Being without a name it did not come within the category of privileged communication, and consequently the author in those days was liable to punishment. He, on the impulse of the moment, selected one of the settlers as the author—one Alexander McNab, who had been a teacher in Scotland, and who had specially emigrated to Canada to follow his profession. As such he received 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 obeying the mandate of his Chief, he appeared before him anxious and apprehensive. The missive he received was couched in these terms—not by any means calculated to remove his apprehension:—
Kennell Lodge, 13th March, 1829.
Alexander McNab:
Degraded Clansman,—You are accused to me by Sir John Colborne, of libel, sedition, and high treason. 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 confess your faults against me, your legitimate Chief, and your crime against His Majesty King George, I will intercede for your pardon.
Your offended Chief,
(Signed)McNab.
When he appeared at 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 contemplated, and which, if his name had been affixed 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 imprisoned when the Assizes came on. Defended by the Hon. Jonas Jones afterwards the late Judge Jones, of the Queen's Bench, he was at once acquitted, and the warrant of commitment was the subject of amusement from its quaint and patriarchal style to the lawyers and others assembled in Court. Alexander Ross, the writer of the alleged libellous communication, was in Court, and if Alexander McNab had been convicted, he would have acknowledged the authorship, and thus saved an innocent man 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 the Crown "the greater the truth the greater the libel"—a doctrine now justly exploded and subject to merited ridicule. Alexander McNab returned to his family in triumph. This was the first check the Chief had received, and he resolved to punish the "black sheep" the first opportunity that offered. His name was accordingly entered in the prescribed list, with what results the sequel will show. The Laird of McNab was a Magistrate, and this case shows the despotic sway of the Family Compact. He had, without information laid, without examination, without ex parte evidence, acted as witness, prosecutor and Judge; and the first process issued was a warrant of commitment, so utterly illegal in point of force and substance that in the present 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 Commission 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 protected 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 struggle, but to the spirit of liberty it infused, and to the wholesome and salutary safeguards introduced.