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
and the terrible _Examiner_. 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 a special
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 value of 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 or not. 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.
Public-domain text, read in full here on John Shaqi.
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