LORD DURHAM'S ADMINISTRATION IN CANADA.

LETTER II.

TO THE EDLTOR OF THE SPECTAT011.

Gray's Inn, !:;11 Novemiwr 1333.

Si have reason to rejoice: when 1 asserted th it no danger could arise to C ui1 a fr011, It: ieturn of 31. Papineau :obi his fi hod& and thereby impugned the on',y possili'v defence that could be °tiered for Los .1 14uthain's attack upon a s•RIcil role of law and morality, 1 little thought tli It in a few hours the nation woold receive Lord Durham's assent to the truth of my assertion. Neverthe- less, such is now toy good fortune ; for Lord Durham has by Royal Proelamation at length permitted the return of those whom he had formerly illegally banished. But his Lordship, by this t wily act of justice, has laid himself open to grave imputations; neither huts lie won favour nor promoted conciliation, while thus subjecting himself to serious. to very painful all,madversion. It is said, and said with powerful effect, if danger did not exist when Lord Durham published his ordinance banishing NI. l'apineau and others without trial, then was the noble lord guilty of two very grave offences ; first, he made asset lions not in accordance with the truth ; and secondly, he wantonly trampled morn the safeguards by which the law protects our persons and our property. But if danzer did exist when this his ordinance was published, then ii ,trio: i d■s, it exist DOW. If, in the plenitude of Lord Durham's power, when he was endowed with that moral influence, tlie loss of which has induced him suddenly and without warning to throw tap his government,—if then he thearled the in.- thience which M. Papineau might exercise over the minds of his countrymen awl the peace of Canada, it is evident that there must he greater cause for alarm, when, as Lord Durham says, his power is gone ; when, as his friends say, the country is profoundly but variously moved from one end to the other ; when talk of rebellion is rife ; when it is threatened as well by the Tory as the Libe rd party ; when all is said to be confosion, suspicion, and alarm. If Lord 1)in ham, as Lord High Coinmiasioner, endowed, as he thought, with the attri- butte ef a dictator, ti entitled at the idea of 31. l'apincau's return, why has he, moved therenoto by passion and spleer, left as a lea ley to ilia less powerful suc- cessor the very mischief which lie himself sinful!: from facing ? Such is the language of the Tory party in Canada; the langanige of their opponents, though different, is hardly more complimentary. The return of our friends is not, say they, the teeult of any noble or enlightened policy : while justice alone pleaded for thein, a deaf ear was turned to their deorinds, and their tights and outs were violently trampled under foot ; but when to our aid came personal pride— when the vanity of the Governor•General was wounded—when, in shot t he began to suffer as well 39 our injured friends—then all difficulties vanished, the fetters with which a pretended prudence hail bound the hands of justice were indignantly e est away, and onr friends were suddenly, wet e pa.sionately recalled hoot banishment. But though they have thus obtained their liberty, so long unjustly withheld front them, neither they nor we owe thanks for this tardy act of justice. Had Lord Durham granted thus full amnesty at first, he had won our respect, our esteem, our confidence; we should have admired his generosity and his courage, and listened with eunfidina and affectionate minds to his advice, to his admonitions, aud even to his reproofs. But now, when we find he yields to passion what he denied to troth and justice, we accept the bene- fit, but have neither thanks nor respect to offer to him who has in despite con- ferred it.

Of these various imputations the world must judge: the friends of Lord 1)tirliam, tnoreover, cannot hut lament that by any circumstances they are ren- dered even plausible. But they who have any regard for his Lordship's cha- racter, will at once assume that he has not ungenerously throat upon his suc- cesmor a danger which he himself feared to face; tlwy will believe that the fear of mischief as resulting front M. Papineau'e return, lie now sees to have been a vain hear; they will rather believe that he was in error when he banished the leaders of the Liberal party, than that he was guilty of a grave dereliction of his duty when he recalled them. The principles, however, involved in the whole of the transactions connected with this extraordinary exercise of power, and the rules of morality and of law set at nought hy it, are too important to allow us to pass by and forget it, eves though we have escaped the immediate evil which it threatened. r he secret history also of the proceeding should as far as possible be laid bare, in order that we may learn the unseemly shifts to which despotism is ever driven : let the world onee see the naked hideousness of the act itself, the manner in which it sets truth, common honesty, and common decency at defiance; theu let them distinctly understand the many mischief', to which it inevitably leads; and we shall go far to preclude the possibility of any second attempt thus to break in upon and destroy- the foundations on which rest the secutity and therefore the happiness of society. The defence which Lord Durham and his friends have put forth, and which has in many quatters been deemed valid and sufficient, proves how frail is the tenure by which we hold all that is dear to us, said bids us beware of the coming time, when, on doctrines of immediate expediency, we also shall be deprived of the safeguards of law, and subjected to the caprice and wavering temper of a petulant ruler. Let no man smile and say this is impossible. In the short space of five years, I saw a Reformed Parliament establish martial law in Ireland, destroy every shadow of liberty, subject her people to nightly visits of an armed police, and reduce her to the situation of a conquered and hostile country. I saw a Liberal constitution destroyed in Ca- nada ; martial law proclaimed there also ; the ordinary tribunals cloesl. and one man exercising at one and the mine time the offices of lawgiver, judge, jury, and witnesses, and banishing at his mere will and pleasure the ino-t. epectable and most respeeted of the people. If a %yarning voice he not raised when these things are done at a dietance, much time will not peas before our own landed security will be invaded, and we also be subjected to the galling despotism we have eo freely cast on others.

Lord Durhatn published hi a ordinance baniehing M. Papineau and his friends on the 29th of June, the day on which her Majesty was crowned Queen of a free people. On the 29th of the same month, he writes to Lord Gletielg, that the persons who were chiefly guilty in the late dieturbancee bad eacaped ; there- upon he details the step lie had taken to polish those persons ; and he distinetly names 31. Papineau and others as those whom he intends thus to accuse of guilt. It is now generally known to the public, that one of the most active agents employed by Lord Durham was; 11r. Edward (Ashen M'aliefield. And I have before me a letter from Dr. O'Callaghan, one of the exiled friends of Caneda, which contains the following curious history.

" You will see by my last that Wakefield had already entered on the duties both in and out of Canada, for which he was employed by the Government. I mentioned in my last that he had come to this village to see 31. Papineau, with an introduction to him ; • but that he did not succeed its seeing our friend. A young gentleman from Canada, Dr. Davignon Cone of the excluded), resides here, and him he saw. The into view was of no moment. The ft lends aud relations in Canada of this young mail being anxious foe his return, eepecially his brother, have endeavoured to procure permission for him to return. With this view, his brother applied to 31. Lafontaine to interest himself to 'insigne Dr. Davignon's return. His brother writes to Dr. Daviguon the result as follows.

" Ste Marie, Ire Area 1'43.4.

" Mon elter FOre—Parrive Afontreal. rai en Iles nouvelles assez sat isfai.(antes. 11 fon te dire quo Mr. %Valsetield. avant Waller am( Etats Cuis it eit M. Lamm:tine, Lestie„ Cl autr..: prilwipane 11 km a dent:mai. Iles retiseigionetts

sur xleiS loos A s■al retour des Etats UM., il a ett tete entre...Pee wee .1:r. B1. I.A.•01•Iiiie present. 11,1.1:q en rapport, et a (lit en propres terfues quo e'et an line injust we titled*, Va‘uir exile qu'd 11.■ molt aunine ru eiUll de tie pg.; It• rappeller megiatement ; et pint 1 la tiouveritentent It fi.roit, le mitotic ee seofit. I.idessits Mr.

lui a lit tin'il baton iple In Ii s foie reglad( pour tlematoler pertnissiutt It rot.. .it if.

A vela Mr, Wakefield repontlit t'avoit dit tle 110 faireattenne tetint'le. et will etoit ili devoir Gonventement teparer 1es injustiees faites sans idt.mi I iii dematitie. alr. Buller is'atldressa alms it s1 r. Lafontaine, en loi (lisant qti it nit vosttit pas de guile maniere to Gottve(nettr ;Humid% it rappeller. M. Lafitotailie Itti ilit alors que le ntot tO iftuit hien simple; it ((offal:moor s'est resent:. le droit (le l's rappellgr tptittal ii veudroit ; (veil le fasse par tote permission sons son seign It S0,01. A lots Bullet set qua le meilleur moyeu ;god sl'avoir cps permissions aussi site toe pot(siltle, et l'atkira en 1.st lit. M. Lanni:nut nia slit spell lee :wee nlie la elite dans Cl' (pie je te ills. 11 ettrit preadit hffiniesue h cette conversation. • • • Mr. lkiikejieA ti,nnt Li," de:- Sire voir Papineale, evertieet Tie it le: rogard it y anruit Isabel de ridaOr La cwislitutiot, cl arraevcr lea ell/hires etc 11111,1i,te a (.00,..„eer rt, poi; le."

Let the whole of these circumstances be taken together, and then let any man, no matter to is hat class of politicians he belong, decide for himself upon the policy, on the justice, or the decency of this proceeding. To-day, with all the formality of law, with much emphasis and apparent sincerity, M. Papineati is denounced as a traitor ; he is banished his country, and he is threatened with death if he return without permisniou. To-morrow, an agent, well known to be employed by Lord Durham's Administtatiun, who is actually and openly iu communication with his Chief Secretary, and who also formally reports his proceedings—this man is sent to M. Papineau, the denounced traitor, in order to devise plans for the reestablishment of the constitution and the arrangement of the affairs of the province so as to content the people. What are we to con- , dude from thence? Are we to call it policy, ausl to be satisfied with the word ? Is it not rather an artifice employed to obtain an undeserved reputation and in. &ewe? To the one party we appear as the vindicators of the powets of the Government—as the suppressors of sedition : to the other, we come under the guise of men acting hatsisly by compulsion, and seeking an exenee and oppor- tunity to slid their return, and yidd to their too twig tussled dent:nide. Which character are we to believe rightly assumed ? Was the assertion of 31. Pstpineati's guilt believed when it was made? was it believed when this agent Was sent to treat with lion ? I appeal to the honour and high feeling of my countrymen solemnly to rebuke this indecent tampering with truth and with justice.

But the defence of this tottuous policy, as put forth by Lord Durham mei his friends, is in its COIOWIIUSIONS likely to be fax more iiiiadd. votia than the proceeding itself. I have myself little doubt Ina that Lord Durham's intell tions were merciful, and that his etror ;now from his fear of the influence ot hoitie of the Tory party in Cenada, and flout hi: °versatile; his own ability to do good. Ile appears to have been alat used sst judicial examinations, because lie dreaded lest his popularity mignt be lesseued or desti eyed in the legal contests that would IISCeSsOlily occur in a series of trials for high tteason, in which the crone would have beeu but tou often ((emit imputed without the eliaslow ot proof. In this strait, he caat about for means of evading instead of meeting the difficulty ; when, unfortunately, the ignorance of these in ho ought to have other- wise advised hint, allowed him, I do sincerely believe without sufficient, nay, without any coneideuatiou or knowledge of the real consequences of his act, to thsregatel one of the most sacred principles of law and justice. But the de- fence set up justifies the whole proceeding; nothing is sought to be ex- tenuated ; all is lutoadly asserted to be politic and just ; and in order to prove it so, principles are set forth which strike at the rout of all law, and shake to their very foundations all the defences by which civilized comintmitiee have en- deavoured to secure themselves front the inroads of arbitrary power.

The argument by which Lord Durham and his friends deleud his conduct, has by them been thus set forth.

They who raised and aided the late rebellion, wantonly disturbed the peace of the land they lived in : for this a severe punishment ought to be inflicted. The rebellion itself was put down with unexampled clemency. j The loyal people, whose peace had been disturbed, demanded therefore that some direct punishment should be inflicted. By the ordinary course of law, however, from the very general sympathy of the people with the parties accused, this could not he effected. Juries could not be found to convict. Therefore it was jus- tifiable to dispense not merely with a ttial by Jury, but all trial whatsoever. This argument, among other things, rests upon an assertion of fact, which assertion 1 solennily declare to be wholly devoid of truth ; viz, that the dis-

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" In the county of Two Mountains, there were destroyed 2 churches, 2 presbyteries, I convent, 1 windmill, Ill inhabited houses, 12 banes, 168 out- houses, and 575 families pillaged ; total loss valued at 57,566/. At St. Charles there were 18 houses burnt, valued at 1,950/. ; and grain and merchandise burnt - and pillaged, valued at 5,5l30/. At St. Denim, the troops and voluistvers under the command of Colonel Gore, ten days after the repulse of the 23d of Noveme her, out of revenye, burned 45 houses, which, with other property consumed, are valued at 19,1001."

III addition to this destruction of property, there was also great loss of life: and yet the it party called vehemently for blood. The truth wee, they had been seriously frightened ; and in proportion to their original fear was their aubsequent eanguinary desile fur revenge. And we forget that when these men speak of a bloodless suppression of the rebellism, they entirely overlook or count

as nut hing the slaughter of many hundred, of their fellow subjects.. I entreat my countrymen not to join in this leorlible cry for vengeance, but to believe me When I say, that punishment has been sevetely exacted of the it Cats:Miens for their ill considered resistance to oppression, and thee whatever W:01 their erect, they have full deal ly paid for it.

But supposing that clemency lied been sl in, what is the justification offered for punialling all the accused ivitheut inspiring whether they were guilty, and as-liming thet they were guilty simply because they were accuses!? The justi- firation Is sopinoed to be found in the :tssertion, that DO juries could he fisund to convict. 3Iy answer to this is, if this argument he of any force, it only goes to prove tied a trial by jury would have been improper ; it by no means justifies the. dispensitig with all inquiry. In the most arbitrary times of etit history, when :seta of attainder have been passed, eVilletlee has been beard at the liar ol either Muse. This trial is better than none ; but even this scent timesure of justice and nielcy WilS denied. I, however, go further, and den■ the value of the argument altogether. Trial by jury is, as an ordinary teethed of tering justice, cll1111,y and inefficient ; hut it has some excellences, which have induced the people of Enghstel, with all its defects, tip cling to and ele.ri.l, it as

amongst the moat saleable of their histitutienta. The chief of these is, that in times of political trouble, when those in power would if they were able carry all things with as high hand, and et tell all opposition and silence all renionatrance, the trial by jury enables the general feeliegs of the people to curb and check the

arbitrary Wkhes of their rulers. It is bet:attar it has often done this that the

people of England love the trial by jury ; it is becauese they know by experience how prone rulers are to construe all opposition into crime, and how necessary :t is to call in the voice of the public in order to rebuke the despotic sallies of the Government, that they deem any man an enemy to good order and security, wlso does aught to destroy, or even impair, the efficiency of the jury trial. They are not auxisitts concerning thie trial in otslinary times ; they put up with it then, they bear with its deficiencies, in miler to enjoy the unspeakable benefits which they derive from it in times of pslitical disturbance. " In the netne of

the prisoner," exclaimed Erskine on the occesion of Hardy's trial, " in the name of the primmer, and speaking his sentiments which are well known to he mine also, I concur in the culegium Ohich you have heard upon die conatitution of eur wise forefathers. But belore this milogium can have any just et useful applicatiou, we ought to reflect upou whet it is which entitles this constitution

to the praise so justly bestowed On it. To say malting at present of its most essentiel excellence, or rather the very eoul of it, viz. the share the people ought to have in their governmeist by a pure representation, for the ,i-sertion

of se hich tile prisoner stands ftrraigned as a traitor before you—what is it that distinguishes the government of England from the most despotic monarchies? What, but the 'security which the subject enjoys in a trial and judgment of his equals ; rendered doubly secure as being part of a system of law which no exin diretcy cam warp, and whiell no power can abuse with impunity."

But if when danger threatens, or disturbance arises, it be sufficient for the ruler to say, " I foresee that I shall obtain no convictions, the sympathy of the people is so great with the accused ; I therefote will not subject the much. cherished institution of trial by jury to abuse, and I therefore entirely dispense with it ; " if it be sufficient to say this as a justification, where is our security ?

M'here i s the inan SO far above the ordinary weelmesses of humanity flea we may sahly trust him with this dangerous perog:ttive ? The world has not yet seen the IHOU that I would so trust ; the world, I think, would not now be wil• hug so to trust Lord Durham. But lie and Isis fiiends appeal to the trial of Nicolas and others for the mur- der of Chat trend, and disdains, " Beheld! you see the consequence of a trial—

you see lesw French Canadians deal with the jury trial." 'f lie very case to which they aimed, I would willingly select as proof of the excellence of this mode of ti id. What arc the fects ? Rebellion breaks ,tit ; war for the time being rages in a particular district ; many persons are killed in light, and among

others a man named (.1 ti-ti-anti is shut as a spy. The rebellion is suppressed ; the leaders are banished without trial to Bermuda; but Niceties and °flews arc

le ought to trial for the murder of Chartrind. The Jury say, and say very

‘j last ly, This is part of the rebellion—of the war ; Chartratul, unhappily, like many others, lust his life in the diaturbance ; but we cannot now punish :Nicolas for

hevitig one shot as a spy, in lieu you have all, wed the leaders to escape who C' ;used dozens to lie sI.::t4Ifteret1 in battle. " 1.1 molt de Chartrand," said 31.

31"e:inlet, mr the accuaed, " eat une suite du reste, elle lie differe

pes de la feol -;.:.;.us qui unit t:;;:.,itis sine I.t breche a St. Denis; la setk tliffrence c'est, fiff';:i St. Denis lea patriates tuaient lei soldats par deuzahles, e I iti%1 an tents d'anarchie, the (16sorganisation du gouvernment, ou a tie': tin sled s.-asi ea." It tlie,e men were to lie tried, and Ii inged fur murder in such a case, Waallington would have been subjected to the same fate, had the American revolt been put sheen, fist the hanging of

Anil now, Sir, permit me to addles's a few worde to those who call them- selves Liberal, upon the pul icy—it is, hisnow, at selfish argument—upon the policy of these enlist:tut appeals to e.xtraordinary end extra.legal authority. 'Ile view which the opiementa of I. berth doctritses take of this conduct, may be well illus. trated by an ubservatirm let drop hefore me a few days since by one closely allied to some of the moat powerful Turiea iii Eugland. " If the Whigs wanted the

power of banishing. without a triel, they should have asked for it, and then wa should have been able to cite the asking against them ; but they shall nut have

the unconstitutional pewee without asking thr it." Cite it ! Yes ; every man of them will some day find to his cost all these acts rising up in judginent against him ; and %%Len any one of them utters a word for Freedom, the retort will be immediate and destrnying—" Look to your own acts." The time may—I fear the time must cotne—when the Tories will again be the rulers of this country. And we unity have the doings of the days of Castlereagh attain, sanctioned by almost every Liberal in Patliament. Lord Durham himself has sought to be a pepulat. leader, and there are some who even new look upon him as the future leader of the Liberal party. But when Ile again joins the ranks of the friends of Freedom, will lie not be subject every hour to taunts and revilinga for having himself sanctioned the most outrageous act of despotism that has been proposed

in our times ? His appeal to expediency as a justification will be answered by like appeals; and he will find the very words that he now uses to sanction what

he believes to be a wise policy, employed by his opponents as authurity for any and every vile act of cruelty and oppression. The cause of Freedom has re- ceived more injuries film' her supposed friends durieg these last few years, than her enemies could have inflicted on her in a century. They will rue, in their hour of coming misfottune, the evil deeds of which they were wantonly guilty in the time of their prosperity.

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