The Winning of Popular Government: A Chronicle of the Union of 1841 — John Shaqi
The Winning of Popular Government: A Chronicle of the Union of 1841MacMechan, Archibald
History
The Winning of Popular Government: A Chronicle of the Union of 1841
MacMechan, Archibald
Canada -- History -- 1841-1867
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 {15} 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 {16} 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.
Public-domain text, read in full here on John Shaqi.
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