Until the month of December, 1838, Upper Canada was disturbed from time to time by bands of marauders, instigated by Mackenzie and others, but they were easily beaten back by the bravery of loyal Canadian volunteers commanded by Colonels Prince, MacNab, Cameron, Fitzgibbon, and other patriotic { 355} defenders of the country. Whatever sympathy may have been felt for Mackenzie by some persons at the outset of the insurrection, was alienated from him by his conduct after he crossed the border. He suffered much misery himself while he remained in the United States, and was a prisoner for some months when the American Government awoke to the necessity of punishing a man who had so nearly embroiled them with England by his violation of the municipal law of a friendly territory, and of the obligations that rest upon political refugees. When Sir Francis Bond Head was very properly recalled from the province whose affairs he had so badly administered, he was succeeded by Sir George Arthur, who had been governor of Van Diemen's Land. Both Samuel Lount and Peter Matthews suffered death. Von Shoultz, and a number of Americans who had invaded the country in 1838, were also executed, and some persons in both provinces were transported to New Holland or sent to the penitentiary, but in the majority of cases the Crown showed clemency. The outbreak was an unfortunate episode in the history of Canada, but it caused the "family compact" to break up, and brought about a better system of government.
The immediate result of the rebellion in Lower Canada was the intervention of the imperial authorities by the suspension of the constitution of that province, and the formation of a special council for purposes of temporary government. Lord Durham, a nobleman of great ability, who had won distinction in imperial politics as a Reformer, was sent out { 356} to Canada as governor-general and high commissioner to inquire into and adjust provincial difficulties. This distinguished statesman remained at the head of affairs in the province from the last of May, 1838, until the 3rd of November in the same year, when he returned to England, where his ordinance of the 28th of June, sentencing certain British subjects in custody to transportation without a form of trial, and subjecting them and others not in prison to death in case of their return to the country, without permission of the authorities, had been most severely censured in England as quite unwarranted by law. By this ordinance Wolfred Nelson, Bouchette, Viger, and five others, then in prison, were banished to Bermuda, while Papineau, Cartier, O'Callaghan, Robert Nelson, and others beyond Canadian jurisdiction, were threatened with death if they returned to the province. Lord Durham's action was certainly in conflict with the principles of English law, but it was an error of judgment on the side of clemency. He was unwilling to resort to a court-martial--the only tribunal open to the authorities. A trial in the courts of justice was impracticable under existing conditions, as it was shown later. Lord Durham left Canada in deep indignation at the manner in which his acts had been criticised in England, largely through the influence of Lord Brougham, his personal enemy. The most important result of his mission was a report, the credit for the authorship of which was long denied to him through the misrepresentations of his enemies, though it is now clear that he and not his secretary was the author.