June 19, 1838.
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The Opposition should give aid to the Government when a war is inevitable.
The noble viscount tells us that we did not object to the appointment of the Earl of Durham as governor-general of Canada—that we did not object to the powers confided to him; that we—referring particularly to me—urged this government by all the means in their power to send out large forces, and take care to be strong in that part of the world; advice which, I admit, I did repeat over and over again, until I fatigued myself and the house by doing so. But why did I not object to those powers being given to the Earl of Durham? Because, seeing the government in difficulties—seeing the colony in a state of rebellion—and seeing that the government possessed confidence in another place—I thought it was not my duty to excite opposition to measures which they thought it might be proper to adopt; and therefore I took them all upon their recommendation. Very possibly I was wrong in so doing; indeed, it appears that I was wrong; but I took the course which I then considered it my duty to take. I declared that I would not follow the example of those who, being convinced of the certainty that the country would be involved in a war, yet thought proper to oppose all measures that were necessary for carrying on that war. Neither would I deny assistance to those who were absent, and who were carrying on the government to the best of their ability; but I would give the government a fair support, in order to pacify a country which might be in a state of war or rebellion. That was the course which I followed on the occasion alluded to by the noble viscount. With respect to the Earl of Durham, I am personally unacquainted with him; and I considered that the noble viscount and her majesty’s government ought to have known best who was the person most qualified to act as governor of Canada.
August 9, 1838.
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Lord Durham’s Ordinance[20] a grossly illegal Act.
A grossly illegal act has been committed—not a mere technical error, or one having reference to small or nice points of law, but an illegal act of great magnitude, and relating to points of the most grave importance—an act so clearly illegal, that no man capable of understanding the first principles of justice can doubt of its impropriety. It is impossible that the people of this country can suffer any man to be driven into banishment without trial, or that they can allow him, afterwards, to be condemned to death, without having been convicted of any crime but that of returning to his own country.