attempted to decide what should be done with them, preferring to shift
this responsibility upon Lord Durham. It would probably have been much
better to have settled the matter before Lord Durham set foot in the
colony, so that his mission might not have been handicapped at the
outset with so thorny a problem; but it is easy to follow Colborne's
reasoning. In the first place, he did not bring the prisoners to trial
because no Lower-Canadian jury at that time could have been induced to
convict them, a reasonable inference from the fact that the murder of
Weir had gone unavenged, even as the murderers of Chartrand were to be
acquitted {108} by a jury a few months later. In the second place,
Colborne had not the power to deal with the prisoners summarily.
Moreover, most of the rebel leaders had not been captured. The only
three prisoners of much importance were Wolfred Nelson, Robert
Bouchette, and Bonaventure Viger. The rest of the _Patriote_ leaders
were scattered far and wide. Chenier and Girod lay beneath the
springing sod; Papineau, O'Callaghan, Storrow Brown, Robert Nelson,
Cote, and Rodier were across the American border; Morin had just come
out of his hiding-place in the Canadian backwoods; and LaFontaine,
after vainly endeavouring, on the outbreak of rebellion, to get Gosford
to call together the legislature of Lower Canada, had gone abroad. The
future course of the rebels who had fled to the United States was still
doubtful; there was a strong probability that they might create further
disturbances. And, while the situation was still unsettled, Colborne
thought it better to leave the fate of the prisoners to be decided by
Durham.

Durham's instructions were to temper justice with mercy. His own
instincts were apparently in favour of a complete amnesty; but he
supposed it necessary to make an {109} example of some of the leaders.
After earnest deliberation and consultation with his council, and
especially with his chief secretary, Charles Buller, the friend and
pupil of Thomas Carlyle, Durham determined to grant to the rebels a
general amnesty, with only twenty-four exceptions. Eight of the men
excepted were political prisoners who had been prominent in the revolt
and who had confessed their guilt and had thrown themselves on the
mercy of the Lord High Commissioner; the remaining sixteen were rebel
leaders who had fled from the country. Durham gave orders that the
eight prisoners should be transported to