Parliament had no sooner reassembled, than information arrived, which left no room to doubt that the rebellion would be suppressed without having assumed any formidable character. The aims of the government were therefore directed towards reorganizing the executive on such a footing as, without suppressing Canadian liberty, might secure future tranquillity. But it was considered indispensable, for the present at least, to suspend the constitution of the lower province. A council was to be named by the Queen, which, with the governor, might exercise the functions now performed by the two legislative bodies; but their powers were not to last beyond the 1st of November, 1840, nor were any of their enactments, unless continued by the proper authority, to be valid beyond the 1st of November, 1842.
Sir John Colborne, then acting as provisional governor of Lower Canada, was instructed to carry these measures into immediate execution. The ministry, however, had determined upon a farther step, with a view to the ultimate settlement of the province. The Earl of Durham was solicited and prevailed upon to undertake its government, as well as that of all British America; and also to turn his attention towards an improved plan for its future management. His lordship’s high reputation as a statesman, and the liberality of his views on political subjects, seemed to afford a security that he would act with vigour, and at the same time with a strict regard to national freedom. He was empowered to form a species of representative council, composed of thirteen members from each province, but to use them merely as advisers, and to call and dismiss them at pleasure.
On the 29th of May, 1838, his lordship arrived at Quebec, where he was received in the most cordial manner, for all parties seemed to unite in expecting from him a settlement of those dissensions which had so greatly distracted the country. In his subsequent progress to other districts, and to Upper Canada, as far as Niagara, he met similar expressions of confidence and congratulation. He was soon, however, called to decide upon a delicate and difficult question, which Sir John Colborne had thought it expedient to reserve for his determination. Wolfred, Neilson, Bouchette, Viger, and other individuals of some distinction, were lying in the jail of Montreal, charged with high treason. Some strong punishment was necessary to mark their crime, and deter from its repetition; yet an impartial jury could not be expected for their trial, which besides would have reopened all those party animosities which it was the object of his lordship to appease. Under this view, he adopted the following course: the prisoners, having been induced to make a confession of guilt, were sentenced to be deported to Bermuda, and to be there kept in strict surveillance. If they should ever return to Canada, without leave from the governor, they were to suffer the penalty of death. The same was awarded to Papineau and others implicated in the late rebellion, but who, after its disastrous issue, had fled the country.