The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
History
The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
MacNab, Archibald, 1778?-1860
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.
Public-domain text, read in full here on John Shaqi.
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