THE M'NAB AND HINCKS TRIAL—1842—SECOND PERSECUTION OF MR. JOHN PARIS.
The Provinces had been united. A new Parliament had been convened. In September of the former year Lord Sydenham had been thrown off his horse and died in consequence of his fall. He was succeeded by Sir Charles Bagot. The union had scarcely been inaugurated, when the mighty genius that had perfected its consummation had been called away by a fiat that there is no resisting. The seat of Government was removed to Kingston. The celebrated resolutions establishing "Responsible Government," introduced into the House by the late Hon. S. B. Harrison, were now the law of the land. The irresponsibility of the Executive was no more. Municipal Institutions were accorded to the people, and in the commencement of the year the first District Councillors were elected. Each township sent one representative to the District Council. It controlled the statute labors, district treasury, and theseveral municipal officers required by the Act. It also had under its direction the educational affairs of the District. Mr. James Morris, Sr., was the first District Councillor elected for McNab, and Mr. David Airth for Horton; the townships in the rear were being surveyed and had not yet been organized into municipalities. A new county was formed in the Ottawa from Pakenham upwards, called the County of Renfrew and for electoral purposes was attached to the County of Lanark. The Hon. M. Cameron was the first member for Lanark and Renfrew under the Union Act. He defeated Mr. John Powell, the then Sheriff of the Bathurst District, by a large majority. Such was the social and political condition of the people in the spring of 1842, when the tocsin of war again sounded. The Chief had determined to press on his libel suit. The roads were in an execrable condition. Access to Toronto was almost an impossibility. Navigation had not yet opened, and he imagined that none of the settlers could be induced to go to Toronto, and if they started they could not reach their destination in time. Only eight days'notice of trialhad been given, and it wasonly three days before the opening of the Assizes that the subpœnas for the witnesses reached the writer. He immediately filed them all. The following witnesses were summoned:—Messrs. W. R. Bereford, Francis Allan, John Robertson, Daniel McIntyre (Dancie), Alex. McNab (the martyr), Duncan McNab, (Paisley), D. C. McNab, Peter Campbell (Dochart), and Andrew Dickson, Esq., of Pakenham. They reached Toronto in safety and in good time. Two days after their arrival the case was called. Mr. Justice McLean held the Assizes, and the evening before the eventful day in April the Judges had a consultation among themselves which of them would try the case. Judge McLean was loath to do so. He was a Highlander and was on intimate terms with the Chief, and felt delicate on the subject. Mr. Justice Macaulay was away on circuit. Chief Justice Robinson declined to have anything to do with it. In fact the Judges were more or less afraid of Mr. Hincks and the terribleExaminer. At length Mr. Justice Jonas Jones exclaimed, "I'll try the case, I'm not afraid of Hincks or any of the radical crew." Accordingly he took his seat on the bench and aspecial jury was empanelled. A brilliant array of talent was engaged on both sides. On part of the plaintiff appeared Attorney-General Draper, Solicitor-General Sherwood and Mr. Crawford. On the side of defence were ranged the Hon. Robert Baldwin, the Hon. Mr. Blake (late Chancellor), and Mr. (afterwards Judge) Adam Wilson.
Mr. Henry Sherwood in a flowery and harum-scarum speech opened the case for McNab, and as the publication of the alleged libel was admitted called no witnesses.
The Hon. Robert Baldwin rose in reply and opened the case for the defence in a speech of two hours duration. He detailed the wrongs of the settlers and the exactions of the Chief in glowing terms, and was extremely severe on the "Family Compact." The first witness called was Mr. Francis Allan who proved everything that had been stated in his report as published in a former chapter. Point by point of the pleas in justification was sustained by evidence. That the Chief had exacted rent—that he had represented the Township of McNab as his own private property—that he had sold and received the valueof the timber on the settlers' lots—that he had used his people harshly and oppressively—that he had imprisoned several of his leading and more intelligent followers causelessly, or when a milder course would have been attended with better or more advantageous results, both to himself and his people—that he had harassed them with lawsuits—that his private life was not in accordance with the strict principles of domestic morality—that he had in procuring grants for a few favorites made false representations to the Government in stating that they were for school, carpenter, blacksmith and other establishments for the benefit of the township—that he had attempted to get deeds of the settlers' lands in his own name, by representing to the executive that the locatees had died or absconded—that he had been presented by a Grand Jury as a public nuisance—were all proved upon oath and clearly sustained by unimpeachable evidence except the last point. Mr. Bereford, Clerk of the Peace, had searched, but could not find the "presentment." Secondary evidence was admitted, and an argument arose as to the exact wording of the document, whether it was a legal presentment ornot. The court ruled this point to be obscure and left it to the jury. The Attorney-General replied in an able and eloquent speech. The Judge then charged the jury, leaning if anything towards the Chief. One remarkable point in his charge is worthy of notice. He said, "The Chief could not have stated that the Township was his own property, and even if he did say so it was impossible the settlers could have believed him, because in the location tickets he agreed to procure them patents from the Crown. Now, if he had undertaken to give them transfer deeds, then there might have been some grounds for such a belief." This was casuisty of the most refined complexion. How could poor, ignorant, verdant emigrants know the difference between a patent and a transfer deed? They took everything the Chief said for granted, and implicitly believed all his statements. Even the inhabitants of all the townships in the Bathurst District firmly believed that the land was wholly McNab's. The Judge concluded his charge, which many thought was far from being impartial. The jury retired and after two hours' deliberation brought in a "verdict for the plaintiff,£5damages," stating at the same time that that part of the justification respecting "public nuisance presentment" was not clearly proved. This was a great triumph. The exposure was overwhelming and disgraceful. The eyes of the whole Province were opened to the wrongs of the settlers and the oppressions of McNab. His glory had departed, hisprestigewas gone. Although nominal damages were given for the failure of substantiating an immaterial point in the justification, the great and important charges in the alleged libel were by an intelligent jury of the Metropolis of Upper Canada declared to be true, and that the wrongs of the settlers were not imaginary but real. This great trial for some time occupied the attention of the Canadian and American press. It was commented upon in the leading journals of the continent. The New YorkAlbion, at that time a great stickler for rampant toryism, had the following paragraph in its issue of May, 1842:
Small Potatoes.—"The McNab of McNab, aquasiCanadian nobleman and Highland Chieftain, obtained from a Toronto jury the sum of £5 for the loss of his character."
Small Potatoes.—"The McNab of McNab, aquasiCanadian nobleman and Highland Chieftain, obtained from a Toronto jury the sum of £5 for the loss of his character."
Such were the effects of the trial upon the publicmind that Mr. Hincks, who was then member for Oxford, was six weeks afterwards gazetted as "Inspector-General," and he himself became a member of the Executive. The Chief returned from Toronto quite jubilant. He called his friends together, had asymposiumover the victory, impressed his few adherents with the idea that he would be yet victorious, and that he would still punish the leaders of the people who had emancipated them from his thraldom. He made preparations for building a stone grist mill, and in spite of all former warnings began to build it on the concession line adjoining his saw mill. It reached to the height of one storey when its further construction was stopped, as will be detailed in the succeeding chapter. In the fall of this year he caused fresh boards and planks to be nailed on the dam to prevent the water, which was very low, from going over in order again to prevent Mr. Paris from grinding any corn during the ensuing winter, and eventually drive him away altogether. During the whole winter Mr. Paris's mill was inoperative for the want of water. All remonstrances were in vain; McNab was inflexible. Neither he norYuill would open a sluice. Mr. Paris suffered immense loss, and the settlers were put to incalculable inconvenience and expense. They were forced still to go to Pakenham with their grists.
1843—TRIUMPH OF MR. PARIS—UTTER DISCOMFITURE OF THE CHIEF.
Driven almost to desperation, Mr. John Paris at length resolved to institute legal proceedings for redress. To submit to this oppression was criminal. To apply to the courts for protection would entail enormous expense; but no alternative presented itself. Remonstrance had been used repeatedly and ineffectually. Every pacific effort had been tried in vain. The Chief was obdurate. A narration of the whole transaction, from first to last, had been prepared by the writer. Mr. Paris went to Perth and applied to Mr. Radenhurst and some of the veteran practitioners, who advised unfavorably as to the commencement of legal proceedings. As a last resort he consulted Mr. W. O. Buell, then a new beginner. Mr. Buell took time to reply. He studied the case profoundly in all its bearings, and found it was practicable to obtain ample redress. Hitherto, actions had been brought for damages done by backwater. None had ever been tried in our courts for withholding and purposely stopping the natural flow of water down stream. Mr. Buell reported favorably on all points, and advised immediate legal proceedings. The Laird's mill and part of his dam were erected on the concession line, thus blocking up Her Majesty's highway. This was a public nuisance. This was a salient point of attack. It was resolved to proceed criminally on this point, by indictment.Actions on the casewere also commenced against McNab and Wm. Yuill. At the Spring Assizes in May, 1843, Mr. Paris, attended by Daniel McIntyre (Dancie), Mr. James Headrick, Sr., and a number of witnesses, having proceeded to Perth, laid the matter before the Grand Inquest of the Bathurst District. A Presentment was brought into court indicting the Chief for erecting nuisances on the public thoroughfare of the township. Mr. Thomas M. Radenhurst was Crown Officer, and immediately prepared a formal Bill of Indictment. It was brought into court by the Grand Jury endorsed a "True Bill." The Chief, then in court, was immediately arrested, and beingarraigned pleaded "Not Guilty." On motion of Mr. McMartin the trial was put off till the Autumn Assizes, and the Chief admitted to bail. The civil suits were also on affidavit postponed by McNab.
To weary out, to cause useless expense, and still further to harass Mr. Paris was now the object of the defendant. He imagined that Mr. Paris could not enter upon or keep up a protracted legal contest—that Mr. Paris, being a new beginner, could not furnish or procure the necessary funds to resume proceedings in the fall. He was mistaken. The friends of the latter, among whom was the writer, advanced all that was required. The Fall Assizes came on at the appointed time. Mr. Robert Hervey, of Ottawa and Mr. Buell, together with the late Mr. T. M. Radenhurst, appeared for the prosecution. The nuisance case was first proceeded with. A verdict of "Guilty" was pronounced. The Chief was fined, the mill ordered to be removed, and the dam demolished. This was immediately done. The order of the court was at once carried out. The water in its downward rush nearly swept away the mills of Mr. Paris. The Chief's saw-mill was moved furtherdown the stream, and was afterwards the property of Mr. William Lindsay, who purchased it and a large portion of the White Lake property from the late Allan McNab. The walls of the grist mill having never reached further than one storey, still remain in ruins on the concession line, near the spot where the saw-mill once stood, a monument of the Chief's folly and futile revenge. The traveller, unacquainted with the history of this transaction, is struck with the mournful aspect of the ruins so close to the bridge, and wonders what was the builder's intention. It is there a memorial of the past, and its ruins are a fitting memento of the downfall of attempted feudalism.
Mr. Paris was equally successful with his civil suits. The law was admirably laid down by Mr. Jonas Jones, who presided at the trial. Verdicts were returned by the jury for the plaintiff. The damages against Yuill were £79, and against the Chief they were found and fixed at £35. No point of law was reserved. McNab was compelled to pay the verdict with costs, but Wm. Yuill, having absconded soon after, has never paid a farthing tothis day. The victory, however, was complete and effectual. It settled the question of water stoppage forever. It was the final culmination of the defeat of McNab's power. It was the last lawsuit with the Chief to establish any of the settlers' rights, and it was the most effectual and triumphant. It was the termination of the final struggle of right against might. As Mr. Daniel McIntyre (Deil) was the first who had the moral courage and boldness to defeat the Chief in a court of law, so Mr. John Paris was the last to gain the crowning triumph, and though seriously retarded and embarrassed for many years, yet by a course of persevering industry he overcame his difficulties and embarrassments, rose to a high position among the people, was for many years Reeve of the Township, and in middle age, surrounded by a numerous family, and in the midst of prosperity, looked back to the struggles of his youth, and the oppressions of the Chief as a dream which has vanished like the evanescent shadow of a disagreeable vision and is buried in the past forever. Soon after these verdicts the Laird left the township forever. Four years before he was in the height ofpower, had the ear of the Government, and could outrage the law with impunity; but a revolution had taken place, bloodless, it is true, but effectual and beneficial. Now forced to abandon a township where he might have lived happily and respected, venerated and beloved; and with the advantages he possessed might have redeemed his ancestral estate, and ended his days in the midst of wealth and affluence.
"LAST SCENE OF ALL—1843-60-70—THAT ENDS THIS STRANGE, EVENTFUL HISTORY."
Soon after the suits with Mr. Paris the Chief left the township forever, and for a few years lived in the city of Hamilton, in a small cottage purchased from Sir Allan McNab. In 1843 he left Hamilton for Scotland, having come into a small estate in the Orkneys. His enjoyment of the estate was of short continuance. Running through the property in a few years by lavish and profuse expenditure, he, in 1859, retired to France, living on a small pittance granted to him by his lady, from whom he had separated in 1819. On the 22nd of April, 1860, the Laird of McNab—the last legitimate Chief of the Clan McNab—was summoned before his Almighty Judge. He died at Lanion, a small fishing-village near Boulogne, in the 82nd year of his age. Twenty-eight years have rolled away since his death. Forty-seven years have passed over since he finally quitted the township, and what a change! After the finalvictory obtained by Mr. Paris, the people set to work with energy and vigor. New settlers flocked to the township. Left to the management of their own affairs by the Municipal Act of Mr. Baldwin, roads began to be improved and bridges erected. In 1855 a new bridge was constructed over the Madawaska River at Balmer Island, through the energy and exertions of Mr. Paris, the Reeve, and the assessed value of the township was yearly increased. In 1848 the dispute between the Presbyterian Churches in Scotland reached the Scottish townships on the Ottawa, and McNab, among the rest, was affected with the religious epidemic. A large portion of the people broke off from Mr. Mann's congregation. Two new congregations were formed at Burnstown and White Lake, and in 1849 the Rev. S. C. Fraser was inducted as the new pastor. This charge he held until the spring of 1868, when he resigned.
In 1852 Arnprior, which had been a dilapidated scene of log-house ruins, began to revive under the auspices of Mr. Daniel McLachlin, who that year purchased the property from the Messrs. Middleton,of Liverpool. When it came into his possession it wore a most dreary aspect. The dam built by the Buchanans had been torn down—the grist-mill had entirely disappeared—the saw-mill was a shattered ruin, and all that stood was the tavern then occupied by Mr. James Hartney. The property was surveyed into town lots. The dam was rebuilt for Mr. McLachlin by the Hincks Government in 1853, and the saw-mill was renovated and put into operation. A stone grist-mill was erected—mechanics, operatives, and laborers were encouraged to settle by the most alluring prospects—and in 1854 the sound of workmen's implements, the blows of the axe clearing the surrounding forest, the hammering of the carpenters and the ringing strokes of the blacksmiths' sledges on the various anvils reminded one of the classic days of Queen Dido when busily occupied in the building of ancient Carthage, so beautifully described in the Æneid of Virgil. Now Arnprior may boast of its three thousand inhabitants. Then only two families occupied the neglected waste. A few short years has effected this prosperous change, and Mr. McLachlin's stone mansion is situated on the terracedbanks of the majestic Ottawa, on the very site of Kennell Lodge, where the Chief of McNab once ruled a supreme despot, unchecked and uncontrolled. Then an order from the Chief was tantamount to a law and was obeyed with alacrity. Then the township of McNab was thinly peopled, having only 102 inhabitants all told; now, including Arnprior, it can number upwards of 6,500. Then the people were poor, struggling for a miserable existence, ground down by oppression; now the great majority are independent, and many are in affluent circumstances. Then McNab was the poorest and most miserably wretched township on the Ottawa; now its assessed value is by far the greatest of any municipality in the County of Renfrew. It may be said to be the empire township of the County. Had the contemplated feudal system been carried out—had the attempt and the actual existence of the tenure not been resisted, and resisted too by the most heroic struggle ever carried on by an impoverished people against wealth and power—it would have been in the same languishing condition as the most besotted portions of degraded Spain, or in the same wretchedstate as those parts of Ireland where oppression has not been tempered by law or justice, and where Fenianism has taken the place of order to redress grievances which constitutional measures alone can remove.
In 1838 the first school was established in the township; now we have numerous educational establishments and a Grammar School—all of a high order. In 1839 the first Presbyterian congregation was formed.
Our history has now drawn to a close. We have endeavored, without partiality or bias, to give a true record of what has taken place, and we trust we have done so to the satisfaction of our readers. At great pains to select documents to substantiate matters of fact, we grudge not the labor, so that we have made this history interesting as well as instructive—interesting as a memento of the past; instructive as tending to impress upon our legislators caution in the opening up of new country, and in the formation of new settlements. Now that the great North-west is being opened up for immigration, the Government may take warning from thepast, and not entrust the power which the Chief of McNab at one time wielded, to any single individual. Canada is too powerful, too great, too constitutional in the genius and intelligence of her people, ever again to permit a Family Compact to reign over them—an oligarchy which for years governed Canada so badly that our beloved sovereign, the great and beneficent Victoria, herself generously interfered, and sent statesmen that uprooted this abominable autocracy that for years had been bane to the progress of the country, and a drag on the prosperity of Canada; yet by carelessness grievances may creep in, but if they do, this history will at all events teach statesmen to listen to and investigate the slightest complaint from individuals, however humble and poor, lest the disgrace which overwhelmed the Family Compact in their dealings with the Laird of McNab be their fate, and their political destruction be pronounced by the fiat of public opinion which has changed the destinies of empires, and sealed the fate of the most powerful dynasties in the world.
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