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The Ordinance of June 28

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The disposition of the political prisoners had still to be determined. Colborne’s timidity left this most vexed problem for Durham’s solution, and the delay had not improved the situation. Several courses were possible. The prisoners might be tried before a jury, but with the certainty of securing acquittal. The jury law might be altered or the juries packed in order to secure a conviction. But those courses were all subject to serious objections. In any case, the public discussion of incidents which it was desirable should be forgotten was likely to have a most disturbing effect. The course which was finally adopted was to secure from the prisoners a confession of guilt and an expression of willingness to waive public trial. Thus throwing themselves on the mercy of Lord Durham, they were promised lenient treatment. The agreement was signed by Robert Bouchette, Wolfred Nelson and other prisoners on June 26, and two days later the Special Council was reconstituted for the purpose of confirming the ordinance necessary to complete the agreement. The act constituting the Special Council fixed five as a quorum, and Durham appointed Vice-Admiral Sir Charles Paget, Major-General Sir James Macdonnell, and Grey, Cowper and Buller of his own staff. On the day of the coronation of Queen Victoria, an ordinance was passed banishing to Bermuda Nelson and his seven fellow prisoners who signed the petition, exiling Papineau and fifteen of his fellow deserters, and extending amnesty to all the remaining prisoners. None of the fugitives were permitted to return on pain of death, while the governor was given power to suspend the punishment of anyone of those affected by the ordinance.

Durham’s disposal of the prisoners was a very clever piece of political manipulation. The forms of judicial proceeding were followed and substantial justice was done to all parties—except perhaps the colony of Bermuda. The effect of the ordinance and proclamation in Canada was more gratifying than had been anticipated. The British party was satisfied that the public security would not be endangered, while French Canada was impressed with the lenity of the measure. Nevertheless, on July 4, a meeting of French-Canadian extremists was held at St Roch to protest against the treatment of their compatriots. Of still greater importance, it definitely and decisively turned the tide of anglophobia in the United States. ‘From that hour,’ wrote Buller, ‘the disaffected in Canada ceased to derive any aid from the public opinion of our neighbours, and among our difficulties we had no longer to contend with the chance of war with the United States.’[1]

On the occasion of the first meeting of the council, ordinances were passed establishing police forces in Montreal and Quebec. On July 4, Durham and his party left for Montreal, where he received a most enthusiastic greeting. The party then proceeded to the upper province, and arrived at Niagara on the 13th. The visit to Niagara was seized by Lord Durham as a fitting occasion to manifest his friendship for the United States. On the 17th a review of the forces was held in the presence of the officers of the staff and the civil and military authorities of Upper Canada. Such a military demonstration had never before been witnessed in the province, and its effect on the numerous American citizens present was a distinct factor in producing more cordial relations. In the evening Lord Durham’s hospitality was extended to the Americans in a public dinner at Niagara. His lavish expenditure, which occasioned severe criticism, Buller defended as a wise investment. ‘I have often said to those who (after the fashion of petty carping, by which we were assailed) used to dilate on the seven or eight hundred pounds that were spent in the course of Lord Durham’s visit to Niagara as a monstrous expense, that, considering the results attributed to it, a million of money would have been a cheap price for the single glass of wine which Lord Durham drank to the health of the American President.’

Further commissions were issued for the purpose of securing reliable information on Canadian subjects. In July Arthur Buller—brother of Charles—was appointed to collect information on the question of education. William Kennedy and Adam Thom were entrusted with the investigation of the municipal institutions of the province. Thom’s appointment is an excellent example of Durham’s method of securing assistance. As editor of the Montreal Herald Thom wielded over the British community a powerful influence which was not at all times favourable to Lord Durham. He was a man of decided talent, and was possessed of a mine of local information which was of value to the mission. The appointment, though it aroused suspicion among the French Canadians, annexed the support of a man whose power of criticism deserved consideration.

The question of the future government of the Canadas was now to receive Durham’s attention. Lord Glenelg’s plan of assembling a committee composed of representatives of the two provinces was quite impossible. An election of delegates was not desirable, and, in any event, little could be expected from a conference consisting of tory zealots from Upper Canada and the representatives elected by the counties of Lower Canada. Durham, therefore, followed his own judgment and invited deputations from the Maritime Provinces to a conference at Quebec to discuss union.

[1]Sketch of Lord Durham’s Mission to Canada in 1838.
Canada and its Provinces

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