Lord Durham received his commission in March 1838. But, though the need was urgent for prompt action, he did not immediately set out for Canada. For the delay he was criticized by his political opponents, particularly by Lord Brougham, once his friend, but now his bitterest enemy. On the twenty-fourth of April, however, Durham sailed from Plymouth in H.M.S. Hastings with a party of twenty-two persons. Besides his military aides for decorative purposes, he brought in his suite some of the best brains of the time, Thomas Turton, Edward Gibbon Wakefield, and Carlyle's gigantic pupil, Charles Buller. It is characteristic of Durham that he should bring a band of music with him and that he should work his secretaries hard all the way across the Atlantic. On the twenty-ninth of May the Hastings was at Quebec. Lord Durham was received by the acting administrator, Sir John Colborne, and conducted through the crowded streets between a double hedge of soldiery to the Castle of St Louis, the vice-regal residence.
If Durham had been slow in setting out for the scene of his labours, he wasted no time in attacking his problems upon his arrival in Canada. 'Princely in his style of living, indefatigable in business, energetic and decided, though haughty in manner, and desirous to benefit the Canadas,' is the judgment of a contemporary upon the new ruler. On the day he was sworn to office he issued his first proclamation. Its most significant statements are: 'The honest and conscientious advocates of reform ... will receive from me, without distinction of party, race, or politics, that assistance and encouragement which their patriotism has a right to command ... but the disturbers of the public peace, the violators of the law, the enemies of the Crown and of the British Empire will find in me an uncompromising opponent, determined to put in force against them all the powers civil and military with which I have been invested.' It was a policy of firmness united to conciliation that Durham announced. He came bearing the sheathed sword in one hand and the olive branch in the other. The proclamation was well received; the Canadians were ready to accept him as 'a friend and arbitrator.' He was to earn the right to both titles.
Durham was determined to begin with a clean slate. With a characteristic disregard for precedent, he dismissed the existing Executive Council as well as Colborne's special band of advisers, and formed two new councils in their place, consisting of members of his personal staff, military officers, Canadian judges, the provincial secretary, and the commissary-general. Together they formed a committee of investigation and advice; and, being composed of both local and non-local elements, it was a committee specially fitted to supply the necessary information, and to judge all questions dispassionately from an outside point of view. This committee acting with the High Commissioner took the place of regular constitutional government in Lower Canada. It was an arbitrary makeshift adopted to meet a crisis.
During the long, tedious voyage of the Hastings the High Commissioner had not been idle. He had worked steadily for many hours a day at the knotty Canadian question, studying papers, drafting plans, discussing point after point with his secretaries. Once in the country, he set to work in the most thoroughgoing and systematic way to gather further knowledge. He appointed commissions to report on all special problems of government—education, immigration, municipal government, the management of the crown lands. He obtained reports from all sources; he conferred with men of all shades of political opinion; he called representative deputations from the uttermost regions under his sway; he made a flying visit to Niagara in order to see the country with his own eyes and to study conditions. Such labours were beyond the capacity of any one man; but Durham was ably supported by his band of loyal helpers and a public eager to co-operate. The result of all this activity was the amassing of the priceless data from which was formed the great document known as Lord Durham's Report.
It is generally overlooked that at this period Canada stood in danger from external as well as internal enemies. Hardly had Durham landed at Quebec when there occurred a series of incidents which might have led to war between Great Britain and the United States. A Canadian passenger steamer, the Sir Robert Peel, sailing from Prescott to Kingston, was boarded at Wells Island by one 'Bill' Johnson and a band of armed men with blackened faces. The passengers and crew were put ashore without their effects, and the steamer was set on fire and destroyed. Very soon afterwards an American passenger steamer was fired on by over-zealous sentries at Brockville. Together the twin outrages were almost enough, in the state of feeling on both sides, to set the Empire and the Republic by the ears.
The significance of these and other similar incidents can only be understood by recalling the mental attitude of Americans of the day. They had a robust detestation of everything British. It is not grossly exaggerated by Dickens in Martin Chuzzlewit. And that attitude was entirely natural. The Americans had, or thought they had, beaten the British in two wars. The very reason for the existence of their nation was their opposition to British tyranny. They saw that tyranny in all its balefulness blighting the two Canadas. They saw those oppressed colonies rising, as they themselves had risen, against their oppressors. To make the danger all the more acute, the exiled Canadians, notably William Lyon Mackenzie, went from place to place in the United States inciting the freeborn citizens of the Republic to aid the cause of freedom across the line. There was precedent for intervention. Just a year before the fight at St Charles, an American hero, Sam Houston, had wrested the huge state of Texas from the misrule of Mexico and founded a new and independent republic. Hence arose the huge conspiracy of the 'Hunters' Lodges' all along the northern border of the United States, of which more in the next chapter.
Durham took prompt action. He offered a reward of a thousand pounds for such information as should bring the guilty persons to trial in an American, not a Canadian, court. Thereby he said in effect, 'This is not an international affair. It is a plain offence against the laws of the United States, and I am confident that the United States desires to prevent such outrages.' He followed up this bold declaration of faith in American justice by sending his brother-in-law, Colonel Grey of the 71st Regiment, to Washington to lay the facts before President Van Buren and to remonstrate vigorously against the laxity which permitted an armed force to organize within the borders of the Republic for an attack upon its peaceful neighbour. Such laxity was against the law of nations. As a result of Durham's spirited action, the military forces on both sides of the boundary-line worked in concert to put down such lawlessness. President Van Buren's attitude, however, cost him his popularity in his own country.
The most pressing and most thorny question was how to deal with the hundreds of prisoners who, since the rebellion, had filled the Canadian jails. A large number of these were only suspected of treason; some had been taken in the act of rebellion; and some were confined as ringleaders, charged with crimes no government could overlook and hope to survive. In some countries the solution would have been a simple one: the prisoners would have been backed against the nearest wall and fusilladed in batches, as the Communists were dealt with in Paris in the red quarter of the year 1871. Even in Canada there were hideous cries for bloody reprisals. But the ingrained British habit of giving the worst criminal a fair trial blocked such a ready and easy way of restoring tranquillity. Still, a fair trial was impossible. In the temper then prevailing in the province no French jury would condemn, no English jury would acquit, a Frenchman charged with treason, however great or slight his fault might prove to be. The process of trying so many hundreds of prisoners would be simply so many examples of the law's burdensome delay. To leave them to rot in prison, as King Bomba left political offenders against his rule, was unthinkable. Durham met the difficulty in a bold and merciful way. The young Queen was crowned on June 28, 1838. Such an event is always a season of rejoicing and an opportunity for exercising the royal clemency in the liberation of captives. Following this excellent custom, Durham proclaimed on that day an amnesty in his sovereign's name; and, in a month after his arrival, he gave freedom to hundreds of unfortunates, who had endured many hardships in the old, cruel jails of the time, in addition to the tortures of suspense as to their ultimate fate.
There were some who could not be so released. They were only eight in number, but they were such men as Wolfred Nelson and Robert Bouchette, whose treason was open and notorious. They knew, and Durham knew, that they could not obtain a fair trial. Therefore the High Commissioner overleapt the law, and by an ordinance banished these ringleaders to Bermuda during Her Majesty's pleasure. Durham was much pleased at this happy solution of a difficult and delicate problem. He congratulated himself, as well he might, on having terminated a rebellion without shedding a drop of blood. 'The guilty have received justice, the misguided, mercy,' he wrote to the Queen, 'but at the same time, security is afforded to the loyal and peaceable subjects of this hitherto distracted Province.' Furthermore, his proceedings had been 'approved by all parties—Sir J. Colborne and all the British party, the Canadians and all the French party.' Durham fancied that this question was now settled, and that he could proceed unhampered with his main task of reconstruction. But his justifiable satisfaction was not to last long.