CHAPTER X

THE LORD HIGH COMMISSIONER

The rebellions in Upper and Lower Canada profoundly affected public

opinion in the mother country. That the first year of the reign of the

young Queen Victoria should have been marred by an armed revolt in an

important British colony shocked the sensibilities of Englishmen and

forced the country and the government to realize that the grievances of

the Canadian Reformers were more serious than they had imagined. It

was clear that the old system of alternating concession and repression

had broken down and that the situation demanded radical action. The

Melbourne government suspended the constitution of Lower Canada for

three years, and appointed the Earl of Durham as Lord High

Commissioner, with very full powers, to go out to Canada to investigate

the grievances and to report on a remedy.

John George Lambton, the first Earl of {105} Durham, was a wealthy and

powerful Whig nobleman, of decided Liberal, if not Radical, leanings.

He had taken no small part in the framing of the Reform Bill of 1832,

and at one time he had been hailed by the English Radicals or Chartists

as their coming leader. It was therefore expected that he would be

decently sympathetic with the Reform movements in the Canadas. At the

same time, Melbourne and his ministers were only too glad to ship him

out of the country. There was no question of his great ability and

statesmanlike outlook. But his advanced Radical views were distasteful

to many of his former colleagues; and his arrogant manners, his lack of

tact, and his love of pomp and circumstance made him unpopular even in

his own party. The truth is that he was an excellent leader to work

under, but a bad colleague to work with. The Melbourne government had

first got rid of him by sending him to St Petersburg as ambassador

extraordinary; and then, on his return from St Petersburg, they got him

out of the way by sending him to Canada. He was at first loath to go,

mainly on the ground of ill health; but at the personal intercession of

the young queen he accepted the commission offered him. It was {106}

an evil day for himself, but a good day for Canada, when he did so.

Durham arrived in Quebec, with an almost regal retinue, on May 28,

1838. Gosford, who had remained in Canada throughout the rebellion,

had gone home at the end of February; and the administration had been

taken over by Sir John Colborne, the commander-in-chief of the forces.

As soon as the news of the suspension of the constitution reached Lower

Canada, Sir John Colborne appointed a provisional special council of

twenty-two members, half of them French and half of them English, to

administer the affairs of the province until Lord Durham should arrive.

The first official act of Lord Durham in the colony swept this council

out of existence. 'His Excellency believes,' the members of the

council were told, 'that it is as much the interest of you all, as for

the advantage of his own mission, that his administrative conduct

should be free from all suspicions of political influence or party

feeling; that it should rest on his own undivided responsibility, and

that when he quits the Province, he should leave none of its permanent

residents in any way committed by the acts which his Government may

have {107} found it necessary to perform, during the temporary

suspension of the Constitution.' In its place he appointed a small

council of five members, all but one from his own staff. The one

Canadian called to this council was Dominick Daly, the provincial

secretary, whom Colborne recommended as being unidentified with any

political party.

The first great problem with which Lord Durham and his council had to

deal was the question of the political prisoners, numbers of whom were

still lying in the prisons of Montreal. Sir John Colborne had not

attempted to decide what should be done with them, preferring to shift

this responsibility upon Lord Durham. It would probably have been much

better to have settled the matter before Lord Durham set foot in the

colony, so that his mission might not have been handicapped at the

outset with so thorny a problem; but it is easy to follow Colborne's

reasoning. In the first place, he did not bring the prisoners to trial

because no Lower-Canadian jury at that time could have been induced to

convict them, a reasonable inference from the fact that the murder of

Weir had gone unavenged, even as the murderers of Chartrand were to be

acquitted {108} by a jury a few months later. In the second place,

Colborne had not the power to deal with the prisoners summarily.

Moreover, most of the rebel leaders had not been captured. The only

three prisoners of much importance were Wolfred Nelson, Robert

Bouchette, and Bonaventure Viger. The rest of the _Patriote_ leaders

were scattered far and wide. Chenier and Girod lay beneath the

springing sod; Papineau, O'Callaghan, Storrow Brown, Robert Nelson,

Cote, and Rodier were across the American border; Morin had just come

out of his hiding-place in the Canadian backwoods; and LaFontaine,

after vainly endeavouring, on the outbreak of rebellion, to get Gosford

to call together the legislature of Lower Canada, had gone abroad. The

future course of the rebels who had fled to the United States was still

doubtful; there was a strong probability that they might create further

disturbances. And, while the situation was still unsettled, Colborne

thought it better to leave the fate of the prisoners to be decided by

Durham.

Durham's instructions were to temper justice with mercy. His own

instincts were apparently in favour of a complete amnesty; but he

supposed it necessary to make an {109} example of some of the leaders.

After earnest deliberation and consultation with his council, and

especially with his chief secretary, Charles Buller, the friend and

pupil of Thomas Carlyle, Durham determined to grant to the rebels a

general amnesty, with only twenty-four exceptions. Eight of the men

excepted were political prisoners who had been prominent in the revolt

and who had confessed their guilt and had thrown themselves on the

mercy of the Lord High Commissioner; the remaining sixteen were rebel

leaders who had fled from the country. Durham gave orders that the

eight prisoners should be transported to the Bermudas during the

queen's pleasure. The sixteen refugees were forbidden to return to

Canada under penalty of death without benefit of clergy.

No one can fail to see that this course was dictated by the humanest

considerations. A criminal rebellion had terminated without the

shedding judicially of a drop of blood. Lord Durham even took care

that the eight prisoners should not be sent to a convict colony. The

only criticism directed against his course in Canada was on the ground

of its excessive lenity. Wolfred Nelson and Robert Bouchette had

certainly suffered a milder fate {110} than that of Samuel Lount and

Peter Matthews, who had been hanged in Upper Canada for rebellion. Yet

when the news of Durham's action reached England, it was immediately

attacked as arbitrary and unconstitutional. The assault was opened by

Lord Brougham, a bitter personal enemy of Lord Durham. In the House of

Lords Brougham contended that Durham had had no right to pass sentence

on the rebel prisoners and refugees when they had not been brought to

trial; and that he had no right to order them to be transported to, and

held in, Bermuda, where his authority did not run. In this attitude he

was supported by the Duke of Wellington, the leader of the Tory party.

Wellington's name is one which is usually remembered with honour in the

history of the British Empire; but on this occasion he did not think it

beneath him to play fast and loose with the interests of Canada for the

sake of a paltry party advantage. It would have been easy for him to

recognize the humanity of Durham's policy, and to join with the

government in legislating away any technical illegalities that may have

existed in Durham's ordinance; but Wellington could not resist the

temptation to embarrass the Whig {111} administration, regardless of

the injury which he might be doing to the sorely tried people of Canada.

The Melbourne administration, which had sent Durham to Canada, might

have been expected to stand behind him when he was attacked. Lord John

Russell, indeed, rose in the House of Commons and made a thoroughgoing

defence of Durham's policy as 'wise and statesmanlike.' But he alone

of the ministers gave Durham loyal support. In the House of Lords

Melbourne contented himself with a feeble defence of Durham and then

capitulated to the Opposition. Nothing would have been easier for him

than to introduce a bill making valid whatever may have been irregular

in Durham's ordinance; but instead of that he disallowed the ordinance,

and passed an Act of Indemnity for all those who had had a part in

carrying it out. Without waiting to hear Durham's defence, or to

consult with him as to the course which should be followed, the Cabinet

weakly surrendered to an attack of his personal enemies. Durham was

betrayed in the house of his friends.

The news of the disallowance of the ordinance first reached Durham

through the columns of an American newspaper. {112} Immediately his

mind was made up. Without waiting for any official notification, he

sent in his resignation to the colonial secretary. He was quite

satisfied himself that he had not exceeded his powers. 'Until I

learn,' he wrote, 'from some one better versed in the English language

that despotism means anything but such an aggregation of the supreme

executive and legislative authority in a single head, as was

deliberately made by Parliament in the Act which constituted my powers,

I shall not blush to hear that I have exercised a despotism; I shall

feel anxious only to know how well and wisely I have used, or rather

exhibited an intention of using, my great powers.' But he felt that if

he could expect no firm support from the Melbourne government, his

usefulness was gone, and resignation was the only course open to him.

He wrote, however, that he intended to remain in Canada until he had

completed the inquiries he had instituted. In view of the 'lamentable

want of information' with regard to Canada which existed in the

Imperial parliament, he confessed that he 'would take shame to himself

if he left his inquiry incomplete.'

A few days before Durham left Canada he took the unusual and, under

ordinary {113} circumstances, unconstitutional course of issuing a

proclamation, in which he explained the reasons for his resignation,

and in effect appealed from the action of the home government to

Canadian public opinion. It was this proclamation which drew down on

him from _The Times_ the nickname of 'Lord High Seditioner.' The

wisdom of the proclamation was afterwards, however, vigorously defended

by Charles Duller. The general unpopularity of the British government,

Duller explained, was such in Canada that a little more or less could

not affect it; whereas it was a matter of vital importance that the

angry and suspicious colonists should find one British statesman with

whom they could agree. The real justification of the proclamation lay

in the magical effect which it had upon the public temper. The news

that the ordinance had been disallowed, and that the whole question of

the political prisoners had been once more thrown into the melting-pot,

had greatly excited the public mind; and the proclamation fell like oil

upon the troubled waters. 'No disorder, no increase of disaffection

ensued; on the contrary, all parties in the Province expressed a

revival of confidence.'

Lord Durham left Quebec on November 1, {114} 1838. 'It was a sad day

and a sad departure,' wrote Buller. 'The streets were crowded. The

spectators filled every window and every house-top, and, though every

hat was raised as we passed, a deep silence marked the general grief

for Lord Durham's departure.' Durham had been in Canada only five

short months. Yet in that time he had gained a knowledge of, and an

insight into, the Canadian situation such as no other governor of

Canada had possessed. The permanent monument of that insight is, of

course, his famous _Report on the Affairs of British North America_,

issued by the Colonial Office in 1839. This is no place to write at

length about that greatest of all documents ever published with regard

to colonial affairs. This much, however, may be said. In the _Report_

Lord Durham rightly diagnosed the evils of the body politic in Canada.

He traced the rebellion to two causes, in the main: first, racial

feeling; and, secondly, that 'union of representative and irresponsible

government' of which he said that it was difficult to understand how

any English statesman ever imagined that such a system would work. And

yet one of the two chief remedies which he recommended seemed like a

death sentence passed on the French in Canada. {115} This was the

proposal for the legislative union of Upper and Lower Canada with the

avowed object of anglicizing by absorption the French population. This

suggestion certainly did not promote racial peace. The other proposal,

that of granting to the Canadian people responsible government in all

matters not infringing 'strictly imperial interests,' blazed the trail

leading out of the swamps of pre-rebellion politics.

In one respect only is Lord Durham's _Report_ seriously faulty: it is

not fair to French Canadians. 'They cling,' wrote Durham, 'to ancient

prejudices, ancient customs, and ancient laws, not from any strong

sense of their beneficial effects, but with the unreasoning tenacity of

an uneducated and unprogressive people.' To their racial and

nationalist ambitions he was far from favourable. 'The error,' he

contended, 'to which the present contest is to be attributed is the

vain endeavour to preserve a French-Canadian nationality in the midst

of Anglo-American colonies and states'; and he quoted with seeming

approval the statement of one of the Lower Canada 'Bureaucrats' that

'Lower Canada must be _English_, at the expense, if necessary, of not

being _British_.' His primary {116} object in recommending the union

of the two Canadas, to place the French in a minority in the united

province, was surely a mistaken policy. Fortunately, it did not become

operative. Lord Elgin, a far wiser statesman, who completed Durham's

work by introducing the substance of responsible government which the

_Report_ recommended, decidedly opposed anything in the nature of a

gradual crusade against French-Canadian nationalism. 'I for one,' he

wrote, 'am deeply convinced of the impolicy of all such attempts to

denationalize the French. Generally speaking, they produce the

opposite effect, causing the flame of national prejudice and animosity

to burn more fiercely. But suppose them to be successful, what would

be the result? You may perhaps _Americanize_, but, depend upon it, by

methods of this description you will never _Anglicize_ the French

inhabitants of the province. Let them feel, on the other hand, that

their religion, their habits, their prepossessions, their prejudices if

you will, are more considered and respected here than in other portions

of this vast continent, and who will venture to say that the last hand

which waves the British flag on American ground may not be that of a

French Canadian?'

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