In this brief bio I
thought it would be interesting to look at an immigrant from Scotland
whose son also went on to do amazing things for Canada. All ethnic
races can trace similar roles played by fathers and sons and daughters
and so helped to build Canada into what it is today.
McLEAN, NEIL,
army and militia officer, office holder, politician, and judge; b. 1759
in Mingary, Scotland, son of John McLean and his wife Elizabeth; m. 1784
Isabella Macdonell, youngest daughter of John Macdonell of Leek,
probably at New Johnstown (Cornwall, Ont.), and they had three sons –
the most notable of whom was Archibald – and five daughters; d. 3 Sept.
1832 in St Andrews, Upper Canada.
Neil McLean immigrated to North America as a young man. During the early
years of the American revolution he joined the 1st battalion, Royal
Highland Emigrants (84th Foot), commanded by Allan Maclean, as an
ensign. Promoted lieutenant, he went on half pay when the unit was
disbanded in 1784 and, with other loyalist Highlanders, settled in
Township No.2 (Cornwall). For his services he received a land grant of
2,000 acres. A leading Presbyterian and a Highland gentleman and
officer, McLean was a pre-eminent figure in the local community, his
importance being reflected primarily in his military service and office
holding. In May 1796, for instance, he joined the 2nd battalion, Royal
Canadian Volunteer Regiment, commanded by John McDonell (Aberchalder),
as a captain. When it was disbanded in 1802, McLean once again returned
to the status of a half-pay officer. He was one of the first senior
officers in the Stormont militia and rose to a colonelcy during the War
of 1812.
McLean held a host of regional offices of varying degrees of importance:
justice of the peace, district treasurer, sheriff, trustee of the
district grammar school, road commissioner, judge of the surrogate
court, chairman of the land board, inspector of shops, stills, and
tavern licences, and commissioner to administer the oath of allegiance.
The apex of his career in public office was his appointment in 1815,
along with Thomas Clark, Thomas Fraser, and William Dickson, to the
Legislative Council.
McLean was a founding member of the Highland Society of Canada,
established at St Raphaels in November 1818 and dedicated to the goal of
preserving “the language, martial spirit, dress, music and antiquities
of the Ancient Caledonia.” He served on the executive of the society for
many years. McLean died in 1832 at his home after a long and painful
illness; he was, apparently, the last surviving officer of the 84th.
McLEAN, ARCHIBALD,
lawyer, politician, and judge; b. 5 April 1711 at St Andrews, Luneburg
District, Province of Quebec, second son of Neil McLean and Isabella
Macdonell; m. Joan McPherson, and they had seven children; d. 24 Oct.
1865 at Toronto, Canada West.
Archibald McLean’s father was prominent in the Eastern District, serving
at various times as sheriff, militia colonel, and judge. Archibald
attended John Strachan’s School in Cornwall and developed a lifelong
friendship with its master. In 1809 McLean articled in law at York
(Toronto) under William Firth, then attorney general. The War of 1812
interrupted his legal studies and he became a subaltern in the 3rd
Regiment of York militia. At the battle of Queenston Heights on 13 Oct.
1812, McLean was seriously wounded, but he crawled from the battlefield
to a nearby village where his wounds were hurriedly dressed. His
recuperation, prolonged because of an infection resulting from the late
removal of a bullet, was not yet complete when the Americans attacked
York on 27 April 1813. Still unfit for combat because of his illness,
McLean buried the York militia’s colours in the woods and escaped to
Kingston. He was back in action on 25 July 1814 at Lundy’s Lane, where
he was captured by the Americans and held prisoner for the duration of
the war.
In 1815, after declining a commission in the British regulars, McLean
was called to the Upper Canadian bar and entered the firm of William
Warren Baldwin. The following year McLean established his own lucrative
practice in Cornwall. The McLean family were members of the Church of
Scotland, leaders in the Cornwall area, and related through marriage to
prominent local Scottish Catholics. It was to be expected, therefore,
that as a rising member of the Family Compact, McLean should be elected
to the assembly for the county of Stormont in 1820. In the assembly he
gradually became a leading Tory member and an advocate of recognizing
the rights of the Presbyterian Church as equal to those of the Church of
England. McLean held the Stormont seat until 1834 when Cornwall was
incorporated as a town and received its own seat. That year he won
election as member for Cornwall and he became speaker of the assembly in
1836. He again represented Stormont in the 13th parliament which opened
8 Nov. 1836.
Promoted colonel in the militia during the Rebellion of 1837, McLean was
involved in routing the rebels in Toronto, commanding the left flank of
the loyalist forces under Colonel James FitzGibbon in the attack on
Montgomery’s Tavern. McLean initially opposed the union of 1841 out of
fear that Upper Canadians would be dominated by French Canadians. He saw
responsible government as a danger to the British connection and to the
ordered freedom and the recognition of class and property of the British
tradition, but he quickly adjusted to the new reality.
Archibald McLean began his long judicial career with an appointment to
the Court of King’s Bench for the western circuit in March 1837; he was
replaced as member for Stormont by his brother Alexander in December of
that year. In 1850 he was transferred to the newly created Court of
Common Pleas where he served with James Buchanan Macaulay and Robert
Baldwin Sullivan. In 1856, when he was passed over as this court’s chief
justice in favour of William Henry Draper, he returned to the Queen’s
Bench as a senior judge. In December 1860 McLean dissented in the case
of John Anderson, a fugitive slave, and argued that he should be
discharged: “in administering the laws of a British province, I can
never feel bound to recognize as law any enactment which can convert
into chattels a very large number of the human race.” On 15 March 1862
he was appointed chief justice of the Court of Queen’s Bench for Upper
Canada. McLean was a Conservative from a prominent old Tory family.
Nevertheless, in July 1863 Reform Premier John Sandfield Macdonald, who
had articled with McLean and served under him on the western circuit,
had him appointed to the less onerous post of presiding judge of the
Court of Error and Appeal when Sir John Beverley Robinson died. McLean,
now 72, was replaced as chief justice by Draper.
For many years McLean was president of the St Andrew’s Society of
Toronto. When he died in 1865 he was honoured by an impressive public
funeral. The Upper Canada Law Journal commented that McLean “upon the
bench was dignified and courteous; unsuspicious and utterly devoid of
anything mean or petty in his own character, his conduct to others was
always what he expected from them.” |