Chapter XII: 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 Excellency has
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.}

[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, and

I am, etc.,
(Signed), FRANCIS ALLAN,
_Agent, Bathurst District_.

W. H. LEE, ESQ., }
_C. E. Council, Toronto_. }

[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 L20 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 L120. He sold No. 20 and 21 in the
13th con. to Michael Roddy, for L150, 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 L500, 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 L80 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 L7,000, exclusive of 500 acres; which
can still be sold at 5 shillings per acre. This, with the value of
L2,000 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 (L4,000), 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.