CHAPTER IX.

[Note.—It will be observed that anyone who has purchased land from the McNab or his assigns, or from any one holding under them, in the village of Arnprior, itself, or in any portions of the lots described in the patent, must have the oaths of supremacyand allegiance taken and registered within a year of their entry and possession, or their land is forfeited to the Crown. And again, by another of the provisions it stipulates that if free access to the beach on the shores of the Ottawa and Madawaska by means of booms and other impediments is prevented, the whole of the above land is forfeited; and the party hindered from this free access, either through the land, or by boat or vessels by water, has his remedy by action. There seems something strange in the wording of this particular patent, differing, as it does, from all others, but it was drafted by Sir John Beverly Robinson, late Chief Justice of Upper Canada, and was evidently drawn up with great care and forethought, in order to protect the rights of the lumbermen taking their timber down the Madawaska.]

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 nowfind 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.

1836AND1837—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; legaladvice 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 aca. saagainst 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 ofhis 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 soonbe 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 theBuchanans, 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 placeof 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 verymiddle 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 thesettlers were increasing in their disaffection and efforts of resistance, another act of injustice was perpetrated which never could have taken place under any otherregimethan 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; theLaird 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 soldto 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 atNisi Prius, and averdict 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 toChancery—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 thislapsus, and moved for a new trial interm, 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.

In the fall of 1836, George Buchanan failed. The steamboat which he had built had just received its engine, and theGeorge Buchananhad made one trip to the Chenaux. The whole estate and business was transferred to Messrs. Simpson, Gould & Mettleberger. Mr. Buchanan went to his property on Victoria Island, at the Chats, where he had constructed a slide for the passing of timber, and which proved a lucrative speculation. The old company carried on the business at first briskly, but gradually declinedin their operations till 1837 they ceased doing anything in the lumber line. They could get no logs from McNab without paying too dearly for the privilege. Mr. Rogerson, (brother-in-law of Mr. William Fraser, afterwards the esteemed Treasurer of the County of Lanark) still remained at Arnprior collecting the debts due to the Buchanan estate, and winding up the business. This was the state of affairs at Arnprior at the close of 1837.

Towards the end of the year the commissioners gave out the contract of constructing the bridge at Johnson's Rock (Burnstown), to Mr. Duncan McNab (Auchessan), a lumberer, for £200. Mr. McNab set to work with skill and energy. He took into partnership Mr. Duncan Carmichael, and before the first of January, 1838, the new bridge—the long-talked of and disputed structure—was at length completed. This was now the only bridge on the Madawaska: that at Arnprior had been swept away by the spring freshet, and was not rebuilt till many years afterwards, when the Board of Works of the Province erected the White Bridge at Arnprior, further up the stream.

The Laird of McNab was now roused to fury. The repeated and successful acts of opposition to his will and his plans maddened him. The construction of the bridge had roused all his passions, and he resolved to punish the commissioners individually. He selected Mr. Donald Mohr McNaughton as his first victim. This gentleman, now the leader of the settlers in their efforts of resistance, had been, in Scotland, head gamekeeper to Lord Panmure, and was a person of some education and intelligence. In person he was robust, tall and athletic. Measuring 6ft. 4in. in height, he towered above his fellow-settlers in physical height, as well as in physical courage and moral resolution. He had emigrated a few years previously, believing the Laird of McNab to be a gentleman equal to the Earl of Panmure, and settled in the township of McNab. For some years he paid regularly (3 barrels of flour for 200 acres); but when the haughty and overbearing disposition of McNab became apparent in his dispute with the commissioners, and also when he became convinced that the Chief was only an agent of the government, he determined to risk the result, and refused to pay anymore rent. McNab could not sue for rent or passage money, as Donald Mohr had come to the country at his own expense, bringing a small capital with him which he partly expended in clearing and improving his farm. He devised another scheme as deep as it was malicious. Procuring the signature of twelve freeholders from Fitzroy and Pakenham to a requisition calling upon Manny Nowlan (since dead), a road-surveyor residing at Carleton Place, to run a road from White Lake to Muskrat Lake, he caused Mr. Nowlan to come to White Lake, (where the Chief had now taken up his permanent residence), in October, 1837, to commence operations.

Having given him full instructions how to run the road, the party started early on the following morning, consisting of two axemen, the Chief and the writer, who was then a youth of fifteen. The road was marked out and surveyed properly till they reached the lot of Donald McNaughton, Sr., which lay adjoining that of his gigantic namesake. Here a divergence was made; they made a turn at right angles, so as to go straight through both lots of the two McNaughtons. The poor old man McNaughtoncame to the Chief, bonnet in hand, and begged him not to spoil his land. The Laird scornfully laughed at him, and ordered the surveyor to proceed. Nowlan continued his survey till he came to the division line of Donald Mohr's lot. The Chief, seeing things progressing properly, according to his views, returned home. Scarcely, however, had the luckless Manny Nowlan crossed the side-line, when Mr. McNaughton, foaming with rage and just indignation, appeared in sight making gigantic strides towards him. The axemen flew in one direction. Manny Nowlan trembled in his shoes.

"What are you doing here, ha?" exclaimed Big Donald, in the thundering tones of a gorilla.

"Surveying a road," was the reply, "and beware how you oppose me."

"Be off! away from my land! if you come one step further (clapping his hands) I will send you to eternity," roared McNaughton.

Nowlan shook with terror, and fled, and did not recover his equanimity till he was safely housed in the Chief's stone cottage at the lake. The Laird vowed vengeance; the whole terrors of the law wereto be invoked. The surveyor was deforced.—Ignorant of the consequences McNaughton had violated the law in defence of his property. The mode to oppose the survey was to appear before the Quarter Sessions. This Big Donald did not know at the time; and if he did, his passion and just indignation got the better of his discretion, and he thus fell into the trap and laid himself open to the Chief's vengeance. Accordingly, at the next meeting of the Quarter Session, Nowlan appeared to pass his road, and go before the Grand Jury. The road was constituted to the very spot where he was stopped, although opposed by Mr. McNaughton. A presentment was made against McNaughton, the usual process was moved for and a bench warrant issued. McNaughton was arrested, and the bailiff left him on the road while he went down, to the cottage to see if the Chief would take bail.

"Do not bring the fellow here," said the Laird, knitting his brows; "I smell the air foul already; let not this house be contaminated by his presence. Take him to McVicar, and give him this letter."

The Chief wrote to Mr. McVicar to accept none forbail except freeholders. Now there were no freeholders in the township, and he thought if Mr. McVicar would follow his instructions, McNaughton would be sent to prison. Not so, however; Mr. Alex. McVicar, of Pakenham, was a decent, upright, and benevolent man; he accepted the sureties of Mr. Duncan McLachlin and Mr. Donald McNaughton, Sr., and the prisoner was liberated. They were not freeholders, but Donald Mohr's next neighbor—settlers like himself, who had not received their deeds. The trial was fixed for the ensuing March (1838), and McNaughton and his friends returned home in safety and triumph. The result will be narrated in its proper place.

THE REBELLION—MILITARY TACTICS OF M'NAB—GENERAL INSUBORDINATION OF THE SETTLERS.

While these things were transpiring in McNab, and the people were nerving themselves for a struggle which they saw was to terminate either in ruin or independence, other momentous affairs were being transacted in Upper and Lower Canada. Papineau had fanned the flame of discontent into an open rebellion, and Mackenzie and Bidwell, following his example, had roused the more enthusiastic and rash of the Reform party in the west to take up arms. The British troops had met with a reverse at St. Denis, which was amply retrieved and avenged by Col. Wetherall at St. Charles. Mackenzie was investing Toronto, and had marshalled his forces at Montgomery's farm, within a few miles of Toronto. All was panic and confusion in the immediate vicinity of the seat of the revolt, and the news was much exaggerated to those living at a distance. Thepolitical atmosphere was overcast. A portentous cloud of evil omen seemed to envelop both provinces. Volunteers, men of loyal hearts and warm love for the mother country, poured in. Thousands flocked to the standard of their Queen, and the Laird of McNab, among the rest, sent the following characteristic letter to Sir F. B. Head:—

Waba Cottage, 15th Dec., 1837.My Dear Sir Francis,—The spirit of my fathers has been infused into my soul by recent events, and has roused within me the recollection and memory of theprestigeof my race. The only Highland chieftain in America offers himself, his clan, and the McNab Highlanders, to march forward in the defence of the country—"Their swords are a thousand, their hearts are but one."We are ready to march at any moment.—Command my services at once, and we will not leave the field till we have routed the hell-born rebels, or"In death be laid low,With our backs to the field, and our face to the foe."I am yours sincerely,(Signed,)McNab.

Waba Cottage, 15th Dec., 1837.

My Dear Sir Francis,—The spirit of my fathers has been infused into my soul by recent events, and has roused within me the recollection and memory of theprestigeof my race. The only Highland chieftain in America offers himself, his clan, and the McNab Highlanders, to march forward in the defence of the country—

"Their swords are a thousand, their hearts are but one."

"Their swords are a thousand, their hearts are but one."

We are ready to march at any moment.—Command my services at once, and we will not leave the field till we have routed the hell-born rebels, or

"In death be laid low,With our backs to the field, and our face to the foe."I am yours sincerely,(Signed,)McNab.

Immediately upon the receipt of this document, Sir Francis Head appointed the Laird Colonel of the 20th Battalion of Carleton Light Infantry, comprising the townships of McNab, Fitzroy and Pakenham, with instructions to nominate his officers, forward the list to headquarters, andcall the regimentout to muster forthwith. On the 25th December, 1837, the whole regiment mustered at Pakenham, and were put under the militia law. McNab made a speech to them, read the names of their officers, and gave a general order that they were to muster by companies near the abodes of their captains, on the 15th and 17th of the ensuing month. The companies of the township of McNab, under the command of Captain Alex. McDonnell and Captain John McNab, of Horton, assembled at Sand Point on the 15th of January. After the roll was called, and all had answered to their names, the Chief, who was present, read the Articles of War, and then addressed them thus—

"Now, my men, you are under martial law. If you behave well, obey my orders and the officers under me, you will be treated as good soldiers; but if you come under the lash, by the God that made me, Iwill use it without mercy. So you know your doom. Now, I call upon as many of you as will do so willingly, to volunteer and go to the front, and I will lead you on to glory."

There was a murmur in the ranks, they were drawn up in line, two deep, in Mr. McDonnell's large stone shed, as it was a stormy day. When the whispering was over, a dead silence prevailed. Two—and only two—stepped forward as volunteers, and these were Mr. Young and Mr. Henniker, two of McDonnell's clerks.

"What! No more?" exclaimed McNab: "then I must proceed to ballot and force you."

The men remained doggedly silent; at length some one asked him where was his authority for the ballot. The Chief turned away; told them he would call them together again for that purpose; and dismissed them. The people were in the highest state of indignation and apprehension. They held a meeting and sent the following petition to the Government:—

McNab, 22nd January, 1838.To His Excellency, Sir Francis Bond Head, Lieutenant-Governor of the Province of Upper Canada, &c., &c.The Petition of the Undersigned Humbly Sheweth:That the Carleton Light Infantry was mustered on the 25th ultimo, at Pakenham Mills, commanded by McNab of McNab, and on the 15th and 17th current by Companies at their Captains' respective places of abode.That we the undersigned, one and all of us, consider ourselves true and loyal subjects, and are willing to serve Her Majesty in any part of British North America, where Your Excellency may think proper to call us, under any other commander than McNab.That a number of us have suffered severely from McNab through the course of the Civil Law, and are therefore afraid to come under him in the Martial Law, being harsh in his disposition, and also inexperienced.That we hope it may please Your Excellency to look into our circumstances as misled people by McNab, who made us give bonds for Quit-Rents, which we, not knowing what the poor lands in thispart of the country could produce, gave without hesitation; and notwithstanding all our industry and economy, with these bonds we are not able to comply.That we trust Your Excellency will endeavor to set us on the same parallel with other loyal subjects in the Province, and free us of those Quit-Rents, as we find them a heavier burden than we can bear.That there are twelve families in the Township who were brought from the old country at McNab's expense, and who are willing to pay any reasonable fraught Your Excellency may think proper; all the rest of the settlers came to the Township at their own expense, and beg to know from Your Excellency whether the land of this Township is McNab's or the Government's.And your humble petitioners as in duty bound will ever pray.(Signed.)James Robertson, James Brown, John Robertson, Donald Stewart, Peter McGregor, Donald Kerr, Angus McNab, John McNab, Donald McNab, Duncan Campbell, Peter McMillan, John McMillan, Malcolm McLaren, Daniel McIntyre, John McGregor, Alexander McGregor, Peter McArthur, John McDermaid, James Stevenson, Alexander Cameron, ThomasMcLaughlin, Donald McLaughlin, Jr., Donald McLaughlin, Sr., James McLaughlin, Donald McNaughton, Chas. Goodwin, Alex. Campbell, Izett Duff, Arch. McDonnell, James McDonnell, Dugal McGregor, Andrew Hamilton, Donald McNaughton, John McNaughton, Robt. McNaughton, Alex. McNaughton, Peter Fergusson, Duncan McNab, Angus Cameron, Alex. Dure, Donald Dure, Colin McFadden, Alex. McNiven, Arch. McNab, Alex. McNab, Colin McGregor, Arch. McNab, John McNab, Andrew Taylor, John Campbell, John Hamilton, Andrew Hamilton, Alexander Goodwin, Duncan McLachlin, Alexander Goodwin, Sr., Donald McIntyre, Jas. McLaren, Donald McIntyre, Alex. Thomson, Jas. Robertson, James McKay, Alex. Fergusson, Donald Robertson, Duncan McNab, Matthew Barr, Thomas McLaughlin, Thomas Frood, Andrew Hamilton, Sr., Alex. McNiven, Jr., Alex. McNiven, Sr., John McDermaid, James Miller, John McInnes, Archibald Stewart, Sr., David Stewart, Peter Campbell, Patrick Callaghan, Leech McAlormae, Peter Robertson, J. Crego, John Fergusson.(Copy)[reply.]{Government House,Toronto, 13th March, 1838.Gentlemen:—Having laid before His Excellency,the Lieutenant-Governor, your memorial of the 23rd of January, I am directed in reply to the several statements contained in it to inform you that the arrangements made between The McNab and his followers are of a purely private nature, and beyond thecontrol of the Government—that Martial Law which you apprehend will bring you more immediately under the control of your Chief, has not been proclaimed nor is it likely to be—and that in any military organization which may eventually take place, the Government will take care in this, as in all other cases, not to put it in the power of any individual to treat Her Majesty's subjects harshly or oppressively.I have, &c.,(Signed)J. Joseph.Mr. James Robertsonand othersMcNab.Printed by order of the Government.Adjutant-General's Office,14th March, 1838.}

McNab, 22nd January, 1838.

To His Excellency, Sir Francis Bond Head, Lieutenant-Governor of the Province of Upper Canada, &c., &c.

The Petition of the Undersigned Humbly Sheweth:

That the Carleton Light Infantry was mustered on the 25th ultimo, at Pakenham Mills, commanded by McNab of McNab, and on the 15th and 17th current by Companies at their Captains' respective places of abode.

That we the undersigned, one and all of us, consider ourselves true and loyal subjects, and are willing to serve Her Majesty in any part of British North America, where Your Excellency may think proper to call us, under any other commander than McNab.

That a number of us have suffered severely from McNab through the course of the Civil Law, and are therefore afraid to come under him in the Martial Law, being harsh in his disposition, and also inexperienced.

That we hope it may please Your Excellency to look into our circumstances as misled people by McNab, who made us give bonds for Quit-Rents, which we, not knowing what the poor lands in thispart of the country could produce, gave without hesitation; and notwithstanding all our industry and economy, with these bonds we are not able to comply.

That we trust Your Excellency will endeavor to set us on the same parallel with other loyal subjects in the Province, and free us of those Quit-Rents, as we find them a heavier burden than we can bear.

That there are twelve families in the Township who were brought from the old country at McNab's expense, and who are willing to pay any reasonable fraught Your Excellency may think proper; all the rest of the settlers came to the Township at their own expense, and beg to know from Your Excellency whether the land of this Township is McNab's or the Government's.

And your humble petitioners as in duty bound will ever pray.

(Signed.)

James Robertson, James Brown, John Robertson, Donald Stewart, Peter McGregor, Donald Kerr, Angus McNab, John McNab, Donald McNab, Duncan Campbell, Peter McMillan, John McMillan, Malcolm McLaren, Daniel McIntyre, John McGregor, Alexander McGregor, Peter McArthur, John McDermaid, James Stevenson, Alexander Cameron, ThomasMcLaughlin, Donald McLaughlin, Jr., Donald McLaughlin, Sr., James McLaughlin, Donald McNaughton, Chas. Goodwin, Alex. Campbell, Izett Duff, Arch. McDonnell, James McDonnell, Dugal McGregor, Andrew Hamilton, Donald McNaughton, John McNaughton, Robt. McNaughton, Alex. McNaughton, Peter Fergusson, Duncan McNab, Angus Cameron, Alex. Dure, Donald Dure, Colin McFadden, Alex. McNiven, Arch. McNab, Alex. McNab, Colin McGregor, Arch. McNab, John McNab, Andrew Taylor, John Campbell, John Hamilton, Andrew Hamilton, Alexander Goodwin, Duncan McLachlin, Alexander Goodwin, Sr., Donald McIntyre, Jas. McLaren, Donald McIntyre, Alex. Thomson, Jas. Robertson, James McKay, Alex. Fergusson, Donald Robertson, Duncan McNab, Matthew Barr, Thomas McLaughlin, Thomas Frood, Andrew Hamilton, Sr., Alex. McNiven, Jr., Alex. McNiven, Sr., John McDermaid, James Miller, John McInnes, Archibald Stewart, Sr., David Stewart, Peter Campbell, Patrick Callaghan, Leech McAlormae, Peter Robertson, J. Crego, John Fergusson.

Gentlemen:—Having laid before His Excellency,the Lieutenant-Governor, your memorial of the 23rd of January, I am directed in reply to the several statements contained in it to inform you that the arrangements made between The McNab and his followers are of a purely private nature, and beyond thecontrol of the Government—that Martial Law which you apprehend will bring you more immediately under the control of your Chief, has not been proclaimed nor is it likely to be—and that in any military organization which may eventually take place, the Government will take care in this, as in all other cases, not to put it in the power of any individual to treat Her Majesty's subjects harshly or oppressively.I have, &c.,(Signed)J. Joseph.Mr. James Robertsonand othersMcNab.Printed by order of the Government.

The above petition was drafted by Mr. Allan Stewart, afterwards Treasurer of the municipality of McNab, a gentleman of some literary pretensions, and the best Gaelic grammatical scholar in theCounty—perhaps in the Province. It was signed by the majority of the settlers; a few kept in the background from timidity; others were staunch partizans of the Chief; while a few others were governed by a closer consideration. Even some of those who were under deep obligations to him for favors received felt themselves compelled to affix their signatures. Old Mr. Donald McNaughton—one of the first settlers—a man of the most pure and genuine Christian principles; one who, like Enoch, daily walked with his God; who was a perfect Ebenezer in Israel; a man over eighty at the time; who daily silently glided into the darkest and deepest glades of the forest, and there poured forth the ardent desires of his soul in unrestrained communion with his Maker; who longed ardently to throw off the "mortal coil" and join the celestial hosts of angels and seraphs who flood the regions of eternal felicity with streams of enchanting harmony, and make heaven's high and resplendent arch echo with the strains of immortal bliss—that man, who longed ardently to be with his God, was among the very first to sign it. He had met with his soul's eager longings. At theadvanced age of nearly a century of years, he yielded up the ghost, and the venerable patriarch, attended by the largest concourse of mourners that ever assembled in McNab, was gathered to his fathers. When such men sign a document of the above description, the oppression must have been great—the tyranny intolerable. It is true the petition is not exactly according to form, and has a few Scottish idiomatic expressions embodied in it; but it tells in clear and forcible language the wrongs the settlers had endured, and the grievances they still expected to bear. It breathes forth a spirit of loyalty to the throne: "they were willing to go to any part of British America to defend their country under any other leader than McNab." Mr. Donald McIntyre (Paisley) went round with the petition to those who were not present at Sand Point; and Mr. Daniel McIntyre (Kilmabog) brought it to Perth to get it transmitted to the Government. In vain he applied to the Hon. W. Morris; that gentleman threw cold water on the whole business. Col. Taylor was applied to; he declined. Mr. Powell was sick; and Mr. M. Cameron, then one of the members, wasabsent from Perth. At length Mr. James Young placed it in an envelope and directed it to the proper quarter. Upon hearing that a petition had been transmitted, McNab wrote to Sir Francis Head not to reply to it until he arrived in Toronto. Accordingly, about the 3rd of March, 1838, he started for the seat of Government, and assisted the Governor to rivet the chains more firmly, and for the future to preclude any possibility on the part of the settlers to pursue a similar course. The reply conveyed the impression that the whole township was the Chief's. "The arrangements made between The McNab and his followers are of a purely private nature, and beyond the control of the Government." How came Sir Francis to utter so gross a falsehood? Every buffoon and half-fledged harlequin is a liar, and Sir F. B. Head, impregnated with the spirit of braggadocio, scrupled at no falsehood, when he could turn a period, serve a friend, or carry out a purpose. It was this overweening vanity that caused him to insult the United States Government, and subsequently to lose his own situation, when he said in his memorable speech to the Legislature, speaking of thepeople of the United States, "In the name of every militia-man in the Province, I say, let them come if they dare." But this reply to the poor settlers did not alone satisfy the schemes of the Chief or his friends, the Family Compact. They were resolved to strike terror into their hearts, and make public the petition and reply. Accordingly both documents were ordered by the Executive to be printed, and four hundred copies were sent to be distributed among the people. They saw that further efforts with their present rulers would be useless; and they bowed quietly to the decision, waiting for better times, and these soon offered by the recall of Sir F. Head and the mission of the Earl of Durham.

The Chief had now entirely abandoned his Kennell residence on the banks of the Ottawa, and was now residing at Waba Cottage, White Lake, where he was preparing to erect a saw-mill. A characteristic anecdote is told of him, which is literally true. Meeting Mr. Walter McFarlane in one of the houses of the settlers with whom he had not quarrelled, and impressed with his robust and ruddy appearance, he addressed him with a polite bow and said:—

"Well, my man, you're a good-looking fellow. Are you a Highlander, too?"

"Yes, Chief," said Walter.

"And what may your name be, my fine fellow?"

"Walter McFarlane," was the reply; "you ought to know me; I am the son of James McFarlane, one of your first settlers."

"Ah!" said the Chief, turning away from him with a frown, and blowing a snort like a porpoise—his usual habit when angry—"bad weeds grow fast," and immediately left the house.

While the people and McNab were involved in these disputes, they did not neglect the social duties imposed on them as heads of families. Hitherto, there were no means of instruction, however poor, for the young, and they determined to procure some smattering of education for their children. Accordingly this year (1837) two schools were established in the township; one in "Canaan," near Mr. Wm. McNevin's, and the other in "Goschen," on the 4th concession line. Duncan Campbell, Peter McMillan, John McDermaid, and James Carmichael, four of the original settlers, with their families, had movedup to this more fertile locality in 1832, and their families were growing up without education of any kind. Indeed, some of the most intelligent men in the township, the sons of the first settlers are self-taught.

Three of them in particular, have occupied prominent positions; John Robertson and Duncan Campbell, of the Dochart, have been Reeves and Councillors, respectively. John Robertson was a J.P., and Duncan Campbell, for his smartness at figures, was Auditor for several years, and Donald McLaren, (son of Jas. McLaren, one of McNab's "black sheep,") was a Councillor for many years, and a thorough and well-posted politician.

The people, in conjunction with the inhabitants of the neighboring municipality of Horton, were beginning to agitate the question of getting a minister and building a church. The Presbytery hitherto had sent one of their number annually to preach and baptize the children, and remind the people of the faith and religion of their fathers. The preaching and meetings were held at the house and barn of Mr. Donald Fisher, until the bridge at Johnston'sRock was constructed, and the people flocked to the rendezvous, from a distance of twelve miles and upwards. A lamentable accident occurred in 1836 at one of these gatherings. While John Stewart and John McNab Achesson—two of the best and noblest-hearted Highlanders that ever settled in McNab—were crossing the Madawaska at Johnston's Rock, in the middle of the Long Rapids, the canoe upset, and both of them were drowned. John McNab was an expert swimmer, but in endeavoring to save Stewart, he was locked in his struggling embrace and both sank never more to rise.

As soon as the bridge was completed, the people made preparations to organize a society to procure spiritual ministers; and they so far succeeded that the Bathurst Presbytery in 1838 sent out a reverend gentleman once every three months to officiate in what was then looked upon as a half-civilized country. The Rev. Mr. Fairbairn, of Ramsay, was the first who commenced this quarterly mission tour. Such was the state of affairs at the close of 1837 and the commencement of the following year. The rebellion in both provinces had been put down; theFamily Compact, with their little bantam, Sir Francis, began to crow; the people of McNab were fast verging to a state of revolt themselves, when the news reached this side of the Atlantic that the Earl of Durham and a special set of Commissioners were coming out to investigate all complaints and redress all grievances. This was news, indeed! It gave hope to the desponding, and inspired the settlers with new vigor. All hope was nearly crushed out by the supercilious mockery of their petition by Sir Francis and his Executive Council, and the delusive falsehoods which his reply contained; but when the advent of Lord Durham was announced, vigorous measures were taken, and a thorough and combined system of organization was planned and adopted. Messrs. Allan Stewart, Angus McNab, Donald Mohr McNaughton, Peter Campbell Dochart, Daniel (Dancie) and James Carmichael, tacitly became the recognized leaders of the movement, the details of which will be found in subsequent chapters.

AN ANTICIPATION—MR. ALLAN'S REPORT.

The facts we are now about to record are incredible to persons who have had no act or part in the struggles of the settlers, and of so improbable a character that they might be treated as pure fiction, or at least as gross exaggerations. In order to do away with this impression, and preserve a connected thread to this very important narrative, the writer has now brought forward a document, which in point of time is subsequent to the events we are recording. While we are narrating facts we desire the reader to be satisfied with their truth and correctness; therefore we proceed to publish the Report of the Special Commissioner sent by Lord Sydenham to investigate the alleged grievances of the petitioners, and to report on their petition.

[copy.]Toronto, 8th July, 1840.Sir,—I am directed by His Excellency, the Governor-General-in-Council, to inform you that his Excellencyhas appointed you a Special Commissioner to investigate the complaints of the settlers in the township of McNab in your District, and you will report direct to His Excellency in Council. You will proceed, immediately on the receipt of this communication, to the work of investigation, taking the petition of Angus McNab and others as your basis.—You will be minute and particular in your examinations, and will visit every lot, value the same, and if possible see every settler personally, and ascertain from him the truth or falsity of the complaints made to the Government.I have the honor to be, etc.,(Signed),W. H. Lee,C. E. Council.Francis Allan, Esq.,Crown Land Agent,Bathurst District, Perth.}

[copy.]

Toronto, 8th July, 1840.

Sir,—I am directed by His Excellency, the Governor-General-in-Council, to inform you that his Excellencyhas appointed you a Special Commissioner to investigate the complaints of the settlers in the township of McNab in your District, and you will report direct to His Excellency in Council. You will proceed, immediately on the receipt of this communication, to the work of investigation, taking the petition of Angus McNab and others as your basis.—You will be minute and particular in your examinations, and will visit every lot, value the same, and if possible see every settler personally, and ascertain from him the truth or falsity of the complaints made to the Government.I have the honor to be, etc.,(Signed),W. H. Lee,C. E. Council.

[reply.]Bath. District Office,Perth, 4th Nov., 1840.}Sir,—In compliance with the desire of His Excellency in Council, I beg to enclose you remarks upon the petition of Angus McNab and others, settlers in the township of McNab, which I trust will meet the approbation of the Council, andI am, etc.,(Signed),Francis Allan,Agent, Bathurst District.W. H. Lee, Esq.,C. E. Council, Toronto.}

[reply.]

Sir,—In compliance with the desire of His Excellency in Council, I beg to enclose you remarks upon the petition of Angus McNab and others, settlers in the township of McNab, which I trust will meet the approbation of the Council, andI am, etc.,(Signed),Francis Allan,Agent, Bathurst District.


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