LORD DURHAM'S ADMINISTRATION IN CANADA.

LETTER I.

TO THE EDITOR Ok"PHE SPECTATOR.

Gra.■'s Inn, 1st November

IR—Lord Durham having suddenly determined to resign his powers

;overnor- General of Canada, the people of England will, sooner tt el was expected, be called upon to give judgment upon the manner ip dart, he has discharged the duties of his very difficult and respon- se•'.• office. When he returns, he will, of course, lay before Parne-

ll' his plans for the future govermnent of our North American Co-

b We shall then have before ins the whole evidence, uPon which

0?' •• verdict must be formed, as to the character of his administration.

we await these plans for the .fature, giving no opinion until tle.)• are fairly mid fully explained by their authors, it cannot be deemed to eist or unwise to search carefully for evidence respecting the past.

l'he purpose of Lord Durham's mission was twofold. The first ob- jet in view, was to allay discontent, to restore harmony, and if pos_ eibie to bring back the people to that state of attachment to the lother C eintry from which they had been driven by a long course of oppree. siee. 'The second object, was to provide securities for the future good

vernment of the colony. It is evident that unless the first object lV!TO attained, little could be effected for the attainment of the second. Let us then see in what mode Lord Durham proceeded to conquer the fir-t great difficulty which lay in his path, and thus to prepare the way for the permanent establishment of a well.organieed government.

When Lord Durham arrived in Canada, he found all opposition to the law at an end. The authority of the Mother Country was com- pletely reestablished by Sir John Colborne. It was not any open lied vie:lent resistance that Lord Durham was called upon to quell; his was a very different, and a far more difficult office. He came to a country in which, indeed, rebellion had been suppressed, but the causes which led to resistance still existed—the discontent, which had been manifested in violence, still remained, and was felt by the large majority of the people. War was at end ; but harmony was run restored, neither were tine people reconciled to their rulers. It was the duty of Sir John Colborne to put down open opposition to our dominion—and be per- fun med it. It was the duty of Lord Durham to attempt to restore the kind feelings that had heretofore existed between England and her colony—let us learn in what way this duty leis been performed.

The destruction of the Canadian constitution necessarily created in the minds of the Canadian people doubt, distrust, and sitolicion, re- specting Lord Durham, upon whom had been imposed the invidious duty of supplying the place of a beloved and popular constitution. Lord Durham was told before he left this country, that he must not hope to have the spontaneous confidence of the Canadein people—that he must win confidence for himself by his acts ; and he wield consider it q singular honour, that the Canadian people were willing to afford him what has been significantly termed "a fair trial." They in %%how the Canadians chiefly confided, were willing and anxious that this trial should be afforded to the new Governor ; and the cii•eunistances upon which the final opinion of the Canadians would rest, were carefully and minutely explained to him. It was determined that no doubt should exist as to this all-important matter; and no pains were spared to make the explanation full, clear, and explicit.

Lend Durleun was told—and he appealed fully svic:ible of tine truth of !he statement—that the circumstance which of all woeld most pun er- fully influence the mind,: of the people, was the ina1111Cr in whirl' ulifier his authority justice should be adinittistered to the people. It wee explained to him, in what menner the reestablishment of an old and mischievous because partial jury-law had produced mutiny of the disasters which he sought to repair. Ile was informed of the in !finer in which all confidence 11:1(1 been destroyed ; and the ;Fah by which alone it. could be made to return, was plainly and eceerately Led down before him. Ignorance on this head Inc could not plead. Ile couid not miss the way for %vent of knowing he erred, Inc erred Upen his arrival, he found, not only that all opposition to the lew, bur the law itself, was suppressed. In Lower Ceeefle, (amid I :on no r speaeing of Lower Canada alone,) the tribunels were cies, d, the 1:!iv was silent ; a martial despotism rebelled in the 1;1 we of Lee; aed the

prisons were filled with persons accused mit hielt treaem. W.:orates had been issued against all classes of people; many persons had tied, more were arrested mid imprisoned ; mid the whole Gieedian 101>1 ii. anxiously awaited the determination of the new Gevernor, eine,

sought their confidence, and who had asked for a feir ueon the

delieete and all-important question, lime are the ()I1T;

the chief and most respected of our fellow citizens, which In been so eagerly listened to, so easily believed, to be eventually adjudeed? One of two ways lay before the Governor-General, by whirl' Ie miele have made some onward steps towards the object he had in view. Ile might have said—" Let the past be forgotten : let us mourn over those who have fallen in the strife of brethren, hut let tr: lia-ten to put an end to it for ever. Many causes of dispute have existed ; jun) these we will immediately inquire, frankly, fairly ; but in the mean time, let those who are in exile or inn prison return again to their homes, and lend their assistance to me in my great work of restoring hermony, end the dominion of equal laws." Or he might have said—" Accusations

have been made ; they shall be fairly tried. Ln justice impartially determine upon their truth or falsehood ; and I will hereafter, alien she has given her judgment, give mine also." Su saying, be sheuld have restored the just jury-law that had expired ; rein:tated the Lee; opened the tribunals ; mid put an end to tine military despotism esm. Wished by Sir John Colborne.

In an evil hour Lord Durham determined to do none of these things. He said, " I will punish the guilty, and protect the innocent." And then the people, whose confidence was sonight, saw the following ex- traordinnnry spectacle exhibited, by him who had solemnly declared that

he.would see justice eqinally administered to all. Having made in- quiry respecting the various accusations, and the depositions upon which they rested, Lord Durham acknowledges that few of theni could be supported : and thereupon he comes to this startling conchs- mini—.. I will assume all the accusations to be true ; they shall be in every case conehisive evidence of the guilt of the party accused ; and I will at once proceed to pueish every person against whom such accusations have been made, refu.ing to all, with percect impartiality, the formality of a Trial No law shall exist, but my will ; no form of trial shall he permitted, except my own irresponsible and unaided inquiry: I give my %Tidier guilty; and forthwith I proceed to apportion the punish- ment." The itemised were then ranged into various classes : some were gent ti Bermeria; others, not in custody, were banished during the pleasure of the Governor ; and others were permitted to remain in Canada upon giving security for their future good behaviour. Need it P411/SP osionkliMPlit in nny one, that, m•ting thus, Lord Durham did not win r he co fidenee of the Canadian people ? When atiy min, no matter whether or not he be a ruler of the people, breaks throtieh any of the ordinary rules of moiality, it is his duty to allay the alarm which such a breach must create, by preying the necessity for in deviation from ordinary rules. It is not enough that he show imme- diate good rrsulting, even if he can show it—but he must prove that such wail! emild tint have been attained miles. by the means adopted.

Lord Duiliann, when Inc banished :M. Papineau and his friends—when he forced M. L. \Tiger, against his will, out of gaol, refusing him a

trial, yet compelling him to give security for future good behaviour—

when be beniehed Dr. ll'olfred N> Noll and others without a trial to Bermuda—broke throned] one of the most salein ni mid sacred rules of

1,elitie,1 morality, " PUNISH NO ONE. UNHEARD." Oil Lim, then, did lie, awl still lies, the burden of moving any necessily for such an ex- traordinary demitture from common n tiles. Alarm i- naturally excited we fear that if it be sufli:.ient to say that the breach of common rules was needed, recourse will again quickly and lightly be had to the same

daemons expedient ; and thus uo man. TIO matter how innocent, will be ode, and no oppressor will tied oppression ditlieult. I for one deny that ;my suell necessity existed. I assert, and I demand proof to the contrary, that no danger would have arisen had al. Papineau and his

friende been failly tried : I aesert that the residence of these men in thedr own enamtry would in no way have endattgei ed its peace: and I

challenge Lord Durham, I demand of him in the name of outraged morality and of an aggrieved people, to justify hie conduct, by proving the probability c F it tiger. With fourteen thousand troops at his dis- posal. wbat heal Inc to fear ?—If Inc say that he feared the influence of M. Papineau upon the minds of his countrymen, I tell him that in. fluence is as great as ever ; while by his injustice he has destroyed his own may chance of gaining the confidence and esteem of the Cana- dian peopie. I assert fn aelessly—and the time must come, when Lord Dunhann will have to disprove what I say—that this breach of one of the most sacred rules of justice was umwee-sary, therefore unwise, therefore immoral. It is not for me to show that my assertions are true ; it will be the duty of Lord Durham, havieg regard for his own character and for the opinion of the people of England, to show that

they are false. No people ought to put such faith in any ruler, as to permit him, without severe serutiny, to make an assault upon the very foundetions of morality and law. Washineton would have blushed to have asked for sueh confidence : Loid Durham should tremble to think that lb. needs it.

One ingenious friend of Lord Durham has endeavoured to frame a defence, by asserting that the !enlist:menu of these men was not punishment only a measure of precautinm. The best answer to this play upon words, is Lord Durham's own declaration. inn his despatch to Lord Glenelg, he distinctly declares, that he banishes M. Papineau

and his friend.; beeauee lie is determined to rmi.sli the guilty. And lie assumes that they are guilty, simply lefeatee they are accused. Ile constitutes himself legislator, judge, :tild witness. The temple of his Justice is his own private eh:miller froin whence, under the inspirations of Expediency, he boldly banishes Truth herself.

In a state of confusion such as prevailed inn Canada during the last winter, when all angry pessions were let loose, and full scope given to private rrrlice and revenge, we need net wonder that many accusations were made wholly unsupported by evidence, and that many innocent persone were imprisoned merely because they were obnoxious to those in power,. Of the absent persons banished by Lord Ibirliarn's wholesale decree, some had taken no part in polities; some wn re absent on pri- vate business ; and almost all demanded a trial, anti declared themselves innovent. Of the persons imprisoned, tine situation was precisely similar. Of the hi-tory of these men, we who are in safety on this side

of the A tInnintie, know nothing, cart. nothing. Sympathy, in cases of oppression, seems to depend on climate : oppression ilk the Antilles ex-

cites indignation in England—when practised in the mold regions of Canada, we view it with complecency. The misery of the Negro rouses the people of Britain from the Land's End to John O'Groat's; while the sufferings of the noble, culighten«1, and constant friends of freedom in Canada, find and leave us inn a happy state of apathetic equanimity. Of the danger of trusting to hasty accusations :is proof sufficient of guilt, the last arrivals from Canada bring startling and ample evidence; and, as an illustration of the justice of Lund Durham's achnieistratioo, the following history may prove instructive, if not amusing. M. Lafontaine, member of the House of A -sembly of Lower Ca- nada—a barrister of eminence at the Montreal bar—came last winter

to this country; and was received with much cum tesy by Many of the Illinisterial party. During Ink absence from home, however, two Ma- gistrates, MM. Donegani and Leclerc, thought fit to search his house;

to take away five letters, written by ink clients to him as their advo- cote; and, lastly, they thought fit to issue a warrant against M. Ls- finitaine, for high treason. His wife was at this time travelling from Quebec to Montreal : she was stopped at Three Rivers, and her trunks examined, all in order to find evidence on which to rest an ac-

cusation. M. Lafontaine returned to America last spring; and on the 11th of June, wrote to M. De Lacy, an Executive Councillor, to ins quire whether any such warrant had been issued ; and requesting him to Mate to the Governor- General, that be, M. Lafontaine, was on his way home to take his trial,—merely observing, that his application was soldered necessary by the suspension of the Habeas Corpus. M. De Lacy acknowledged the receipt of the letter, and said that it should be laid before the Governor. M. Lafontaine proceeded to his home in Montreal, and awaited his arrest so,1 trial. In September he wrote to taLt. Charles Buller, saying that he was perfectly sure that a warrant .aud been issued, because Mr. Buller bud told him so; that he was sur- prised it had not been executed; and demanded his trial, with a copy of the warrant. Not receiving an answer, Le wrote again; when Mr. Buller informed him, that no trial could be granted, and that no copy af the warrant could be allowed. M. Lafontaine then wrote to Mr. Drummond, a barrister, who had heard Mr. Leclerc, the Magistrate who issued the warrant against M. Lafontaine, describe the circum- stances which had led to this proceeding. Mr. Leclerc asserted, that a letter bed been somewhere found, written by M. Lafontaine to a M. Z'itrouard, but which letter he, Mr. Leclerc, thought a piece of fun or joke (badinage.) Yet on this letter the warrant issued. Mr. Drum.. 711011C1 answered M. Lafontaine by restating the above history. M. ssafontaine then demands that the supposed treasonable letter should be "..s.sol,orefls but it is nowhere forthcoming.

IN'ow, of these filets there can be no doubt. The whole correspond- nee is published by M. Lafontaine in the Temps, a Canadian paper ; accompanied by a letter to the editor, which is given below.* Mr. Buller's acknowledgment, and Mr. Drummond's evidence, set the matter at rest.

But suppose that M. Lafontaine had remained in Montreal, he -sTould have been imprisoned, (as M. L. \Tiger has been,) kept nine months in gaol, and would have been liberated only on giving security. 'suppose that, instead of coming to England, and meeting many per- sons connected with the Ministry, and seeing Lord Durham himself, lte• bad stepped, like M. Perniult, at New Yolk : Ile would have been bemished, it may be for life. The Magistrate who issued this war- 'ant, Mr. Leclerc, declared that it was issued in consequence of a " adinage:" but this :Magistrate issued other warrants besides this a:—they also might have had as frivolous pretexts, though followed "oy. more serious consequences. Who will say—will Lord Durham imself say, that none of the warrants which he has assumed to be aonelusive evidence of guilt were as usjustiflable as the one issued against M. Lafontaine? This mere question proves the impolicy and the injustice of Lord Durham's conduct. Ile can now never prove '..hat the injustice here contemplated has not been done : he has shut ssust all proof, by shutting up the legal tribunals. But ulthough he can- not exculpate himself, it is possible, and not difficult, to fasten further guilt upon him. I use the word guilt asvistally : he has broken through a solemn law of morality, and must bear the consequences.

I have alluded to the case of M. L. Vigor; what says M. Lafon-

tairie upon this case? Ilis letter answers the query. M. Louis Viger was the President of the People's Bank, a very powerful and ska:rishing concern. Upon the suppes:;:on that "1,e might have aided, or that be might aid the insurgents, be ;:as arres.•Al. When the %var. r-mit is asked for, it is fousd to be destroyed. Where are the depo- sitions? of what was M. Viger accused? Let Lord Durham answer.

His subsequent conduct towards the unfortunate gentleman requires to roe known to the people of this country, and to be justified by Lord

'Parham himself. M. Viger was offered his liberty, if he would give svsurity. This he refused, and demanded a trial. The trial was de- nied him. Sir John Colborne bad illegally suspended the Habeas Carpus Act, until early in August. M. Viger hoped that, by continu- ing in prison till that time, he should be a free man by process of law. 1.L. August be sued out his writ the cowardly Judges delayed a day, ;ming they would take time to consider : before their considerations -mere conetueed, Lord Durham issued a special ordinance against M

'Vigo, by which it was enacted that the benefit of the habeas Corpus 5bould be denied to all persons still in prison for political offences. As

?IL Viger was the only person so situate, the object of this special law as obvious. The unfortunate accused then yielded: he consented to jive bail ; and it was demanded, and given, to the amount of .5,0001. sThis, then, is a sample of the manner in which justice was ad. 21iltiSierCd, by one who went out to occupy the place of a popular

• sonstitution, and who desired in that invidious position to win the

alections of a people naturally, necessarily distrustful, exasperated, and aggrieved. Was this a despotism likely to make them even for the :moment forget their Representative Assembly, and to be careless of the

:securities for their persons and their property which that Assembly

Afforded ? The impression made by these disastrous doings hag been ?refound, and will be lasting. The people of Lower Canada have iearned by the lessons of a bitter experience, that irresponsible power, Ns- whomsoever exerci=ed, is certain to be ubused ; and that it is vain to "arspe, that pride, or honour, or Mlle, or station, w ill be a safeguard

zgainst oppression. I am, Sir, your obedient,

J. A. Ilosuecx • EYtill t from Lc Tani4.5, 53 Septerahre "2ir. Le It coac.rau —Vatillkz we hire hi plaisir de publier-.13 Corte. Teralance qui sant. L'a‘lininistratioa de la justiae crim'aelle en cc pays est telle ..yann tnagistrat n'a pas !write d'emaner un inanilat pout Invite traliison pour ce regarde Itti.tniane centime tia tadio. ;.e. Les convictions de errtaius Lainues cant des chases ft ri t e!astitpris. Les Iraqi& qui tint iIkt cette proti6- 1;.se centre anti ne sent pas plus h,,,,, toe ceux qui, sans raison queleouque, ort fait jeter dans les eachots un grated noiribre de citoyeas respectahles.

" toe plaindre, Lamina d'atitres ant en" victinies de pronles pigs scans

latux encore? je sais qu'un tuagistrat de cette ville n'a pas vu bonito araltirer time wandat pour pratigret.& st'llititIms en un niatulat peur h.tate truhi- 21,14, torque je sais que le warrant en see III uluiimel M. ',Mils Vigor, vietime came nioi the vengeauees individuelles, a kr": appreheuN:, a 6te (le j».opos

dti- ért, dtchmiri at dkruit !

" Oui, je me plains, puree qu'en prrence de tous ces faits, on no volt quo la

• torruption et he clinic soarehaut levee parmi des fonetiontiaires publics lbarges des fonctions lee plus impottantes, cellac de l'administration de la justice arleninelle. Le moyen de retablir In pax et la coofianee entire let citoyens, le ..moyen de faire proskrer he pays, c'est de ramener a sa piirett cette hranehe du .leparteinent de la justice ; nvais un gouvernernent s'en eloigne phis qume jamais Arland it laisse subsister avec imputiite des faits tels gait eeux rine je viens de de- xviactr. Si lord Durham ighore, Al mime 3.1t1111 gie de his lui fame counaitre.