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Parliament met on the 15th of November, when Mr. Abercromby was unanimously re-elected Speaker. On the 20th the Queen opened the new Parliament in person. In the Royal Speech the serious attention of the Legislature was requested to the consideration of the state of the province of Lower Canada, which had now become a question that could not be any longer deferred. The demands of the inhabitants of that province were so extravagant that they were regarded by Sir Robert Peel as revolutionary. They demanded, not only that the Executive Council should be responsible to the House of Representatives, but also that the Senate, or Upper House, then nominated by the Crown, should be elected by the people. The Home Government, sustained by an overwhelming majority of the House of Commons, rejected the demand; and when the news reached Canada, the Lower Province was quickly in a flame of rebellion. Violent harangues were delivered to excited assemblies of armed men, who were called upon to imitate the glorious example of the United States, and break the yoke of British oppression. Fortunately, disaffection in the Upper Provinces was confined to a minority. The Loyalists held counter-demonstrations at Montreal; regiments of volunteers to support the Government and maintain the British connection were rapidly formed, and filled up by brave men determined to lay down their lives for the fair young Queen who now demanded their allegiance. Sir Francis Head had so much confidence in the inhabitants of the Upper Provinces that he sent all the regular troops into Lower Canada for the purpose of suppressing the insurrection. A small force, under the command of Colonel Gore, encountered 1,500 of the rebels so strongly posted in stone houses in the villages of St. Denis and St. Charles that they were obliged to retreat before the well directed fire from the windows, with the loss of six killed and ten wounded, leaving their only field-piece behind. Among the wounded was Lieutenant Weir, who was barbarously murdered by the insurgents. At St. Charles, Colonel Wetherall, at the head of another detachment, stormed the stronghold of the rebels, and completely routed them, after an obstinate resistance, with a loss of only three killed and eighteen wounded. The strength of the insurgents, however, lay in the country of the Two Mountains, where they were pursued by Sir John Colborne in person, with a force of 13,000 men, including volunteers. Many of them took to flight at his approach, including their commander Girod, who, on being pursued and captured, shot himself. But 400 rebels, commanded by Dr. Chenier, took up a position in a church and some other buildings, around which they erected barricades, and there made a desperate resistance for two hours. Next day the British troops proceeded to another stronghold of the rebels, St. Benoit, which they found abandoned, and to which the exasperated loyalists set fire. Papineau, the leader of the insurrection, had escaped to New York.

Sir Francis Head had made a somewhat dangerous experiment in denuding Upper Canada of troops, conceiving it to be his duty to lay before the American people the incontrovertible fact that, by the removal of her Majesty's forces and by the surrender of 600 stand of arms to the civil authorities, the people of Upper Canada had virtually been granted an opportunity of revolting; consequently, as the British Constitution had been protected solely by the sovereign will of the people, it became, even by the greatest of all republican maxims, the only law of the land. This was not done, however, without an attempt at revolt, made chiefly by Irish Roman Catholics. The leader of this movement was W. L. Mackenzie, the editor of a newspaper. On the night of the 3rd of December, 1837, this leader marched at the head of 500 rebels, from Montgomery's Tavern, his headquarters, upon Toronto, having initiated the war by the murder of Colonel Moodie. They were, however, driven away. Mackenzie fled in disguise to Buffalo, in New York; a large number of the rebels were taken prisoners, but almost immediately released, and sent to their homes.

It was on this occasion that the loyalty of the British settlers in Upper Canada shone forth with the most chivalrous devotion to the throne of the Queen. The moment the news arrived of Mackenzie's attack upon Toronto, the militia everywhere seized their arms, mustered in companies, and from Niagara, Gore, Lake Shireve, and many other places, set out on their march in the heavy snow in the depth of winter. So great was the excitement, so enthusiastic the loyalty, that in three days 10,000 armed volunteers had assembled at Toronto. There was, however, no further occasion for their services in that place, and even the scattered remnants of the insurrection would have been extinguished but for the interference of filibustering citizens of the United States, who were then called "sympathisers," and who had assembled in considerable numbers along the Niagara River. They had established their headquarters on Navy Island in the Niagara River, about two miles above the Falls, having taken possession of it on the 13th of December, and made it their chief depôt of arms and provisions, the latter of which they brought from the American shore by means of a small steamer called the Caroline. Colonel M'Nab resolved to destroy the Caroline, and to root out the nest of pirates by whom she was employed. On the 28th of December a party of militia found her moored opposite Fort Schlosser, on the American side, strongly guarded by bodies of armed men, both on board and on shore. Lieutenant Drew commanded the British party, and after a fierce conflict the vessel was boarded and captured, a number of those who manned her being taken prisoners. These being removed, the British set the vessel on fire, and the flaming mass was swept down the rapids, and precipitated into the unfathomable abyss below. According to the American version of this affair, the British had made an unprovoked and most wanton attack upon an unarmed vessel belonging to a neighbouring State, on American territory, at a time of profound peace. The truth came out by degrees, and the American President, Van Buren, issued a proclamation on the 5th of January, 1838, warning all citizens of the United States that if they interfered in any unlawful manner with the affairs of the neighbouring British provinces, they would render themselves liable to arrest and punishment.

Such was the state of things in Canada which the Imperial Parliament was called upon to consider in the spring of 1838. The first feeling which the news of the insurrection produced in Britain was one of alarm; the next was that all the forces that could be spared should be immediately dispatched for the purpose of crushing the revolt; and a ship of the line was employed for the first time in carrying a battalion of 800 Guards across the Atlantic. The Duke of Wellington censured the Government for not having had a sufficient military force to preserve the peace in Canada, and used the oft-repeated expression that was stultified on several occasions during the latter portion of Victoria's reign, that a great nation cannot make a little war. On the 22nd of January Lord John Russell moved for leave to bring in a Bill suspending the Constitution in Lower Canada for three years, and providing for the future government of that province, with a view to effecting a satisfactory settlement of the affairs of the colony. He stated that her Majesty's Government had resolved to send out an experienced statesman, of high character and position, and of well-known popular sympathies, with ample powers, and that Lord Durham had consented to go. The Government measure was carried in the House of Commons by a majority of 262 to 16, and unanimously in the Lords.

The Lord High Commissioner immediately proceeded on his great mission, and after a tedious voyage landed at Quebec on the 29th of May. He took with him, as his private secretary, Mr. Charles Buller, a man of singular ability, an ardent friend of free institutions, gifted with a large mind and generous sympathies, and a spirit that rose superior to all party considerations. A more suitable man could scarcely have been found for such a work. But he also took out with him Mr. Turton and Mr. Gibbon Wakefield, men of ability but hopelessly damaged in character. He promptly proceeded to dismiss his Council and to select another of five who had no acquaintance with Canadian politics. He found on his arrival 116 state prisoners, whose trial had been postponed, awaiting his instructions. On the 28th of June the Lord High Commissioner published an ordinance, in which it was stated that Wolfred Nelson, and seven other persons therein named, had acknowledged their guilt, and submitted themselves to her Majesty's pleasure; that Papineau, with fifteen others, had absconded. The former were sentenced to be transported to Bermuda during pleasure, there to be submitted to such restraints as might be thought fit; the latter, if they should return to Canada, were to be put to death without further trial. In each of these cases an unfortunate error was committed. The Lord High Commissioner had no legal authority out of Canada, and could not order the detention of any one at Bermuda; and to doom men to be put to death without further trial, was denounced in Parliament, by Lord Brougham and others, as unconstitutional. Lord Brougham described it as "an appalling fact." Such a proceeding, he said, was "contrary to every principle of justice, and was opposed to the genius and spirit of English law, which humanely supposed every accused party to be innocent until he was proved to be guilty." His reasons for the course he had adopted were given by Lord Durham, in a despatch to the Home Secretary, dated June 29th. The British party, he said, did not require sanguinary punishment; but they desired security for the future, and the certainty that the returning tranquillity of the province would not be arrested by the machinations of the ringleaders of rebellion, either there or in the United States. He said: "I did not think it right to transport these persons to a convict colony, for two reasons; first, because it was affixing a character of moral infamy on their acts, which public opinion did not sanction; and, secondly, because I hold it to be impolitic to force on the colony itself persons who would be looked on in the light of political martyrs, and thus acquire perhaps a degree of influence which might be applied to evil uses in a community composed of such dangerous elements."

The ordinance was disallowed at home. Lord Brougham, who had never forgiven his former colleagues the constitution of the Cabinet without his forming a part of it, signalised himself by the extreme bitterness with which he headed the onslaught. The result was that, after protracted debates in both Houses of Parliament, which occupied the whole of the summer, and fill up nearly 500 pages of the Parliamentary Proceedings, the ordinance was annulled by Act of Parliament; but an Act was passed indemnifying Lord Durham and the Canadian authorities. The majority in the Commons was so large that the Opposition did not venture on a division; and in the Lords the disallowance was carried by a majority of 54 to 36. This result occurred on the 10th of August, and Lord Durham saw the news first in the American newspapers. Lords Melbourne and Glenelg softened the matter to him as well as they could; the former communicated the intelligence with the greatest regret and the deepest apprehension as to its consequences. Lord Durham betrayed his mortification unwisely in a proclamation which he immediately issued. As the banishment was an exception to the general amnesty he had published, he informed the prisoners at Bermuda that her Majesty being advised to refuse her assent to the exceptions, the amnesty existed without qualification, and added—"No impediment, therefore, exists to the return of the persons who have made the most distinctive admission of guilt, or have been excluded by me from the province on account of the danger to which it would be exposed by their presence."

Lord Durham at once resigned, and was succeeded by Mr. Poulett Thomson, afterwards Lord Sydenham, who fully adopted his policy, which was ably expounded in an important report from the pen of Mr. Charles Buller, with additions by Gibbon Wakefield. It was characterised by profound statesmanship, and was the basis of the sound policy which has made united Canada a great and flourishing State. Meanwhile, the returned prisoners from Bermuda showed their sense of the leniency with which they had been treated by immediately reorganising the rebellion. Sir John Colborne, the commander-in-chief, who had, on Lord Durham's departure, assumed provisionally the government of the colonies, thereupon proclaimed martial law, and stamped out the insurrection. Only twelve of the principal offenders were ultimately brought to trial, of whom ten were sentenced to death, but only four were executed. The persons convicted of treason, or political felony, in Upper Canada, from the 1st of October, 1837, to the 1st of November, 1838, were disposed of as follows:—pardoned on giving security, 140; sentenced to confinement in penitentiary, 14; sentenced to banishment, 18; transported to Van Diemen's Land, 27; escaped from Fort Henry, 12. The American prisoners had been sent to Kingston, and tried by court-martial on the 24th of November. Four of them were sentenced to death, and executed, complaining of the deception that had been practised on them with regard to the strength of the anti-British party, and the prospects of the enterprise. Five others were afterwards found guilty and executed. The American Government, though deprecating those executions on grounds of humanity, disclaimed all sanction or encouragement of such piratical invasions, and denied any desire on its part for the annexation of Canada.

Out of these troubles arose a new state of things, a new era of peace and prosperity. Lord Durham saw that disaffection and disturbance had arisen from the animosity of race and religion, exasperated by favouritism in the Government, and the dispensation of patronage through "a family compact." He recommended a liberal, comprehensive, impartial, and unsectarian policy, with the union of the two provinces under one legislature, and this, after several failures, became law in 1840. It was a revolution quite unexpected by both parties. The disaffected French Catholics feared, as the consequence of their defeat, a rule of military repression; the British Protestants hoped for the firm establishment of their ascendency. Both were disappointed—the latter very painfully, when, notwithstanding their efforts and sacrifices for the maintenance of British power, they saw Papineau, the arch-traitor, whom they would have hanged, Attorney-General in the new Government. However, the wise government of Lord Sydenham soon reconciled them to the altered state of affairs. The new Constitution was proclaimed in Canada on the 10th of February, 1841; and the admirable manner in which it worked proved that Lord Durham, its author, was one of the greatest benefactors of the colony, though his want of tact had made his mission a failure.