ed, had an opportunity of making
any alteration in the criminal law. Soon after Lord Glenelg had
given directions on that point, he was compelled to communicate the
determination of ministers to annul his celebrated ordinance. After
informing him that so much of that edict as related to the Bermudas was
generally admitted to be invalid, and that in all other respects
the law-officers of the crown thought its provisions were within
the competency of the governor and special council; he said that, in
consequence of the discussions in parliament, and the unpopularity
of the penal parts of the ordinance, government, though reluctantly,
advised her majesty to disallow the ordinance. Lord Glenelg then
proceeded to direct Lord Durham, with a view of preventing the return of
the prisoners from Bermuda, to pass an ordinance subjecting them to such
penalty, short of death, as might be thought expedient, in the event of
their being convicted of returning to the province without permission.
With regard to those who had previously fled from justice, it was
suggested it might be sufficient by proclamation to make it known that,
should they re-enter the province, they would be forthwith arrested, and
dealt with according to law, on the charge of treason. The expediency
of suspending the _habeas corpus_ act was pointed out; and the despatch
concluded with an assurance of the earnest desire of ministers to afford
Lord Durham the utmost support in the arduous discharge of his duties.
Before these instructions were received, however, Lord Durham had
despatched a letter notifying his resolution to resign his office.
In this letter he dwelt on the incessant persecutions to which he was
exposed in the house of lords; the backwardness of ministers in his
defence; and the injurious effects of these circumstances upon the
moral authority of his government. "Upon two things," said he, "could I
chiefly rely for ultimate success: first, the great extent of the legal
powers conferred upon me; secondly, the impression which prevailed
throughout the colonies, that I might reckon with perfect confidence on
the undeviating support and approval of the government." Deprived of
these by the proceedings in question, he proceeded to say, the prestige
of his situation was gone for ever, and he had resolved to quit his
untenable post, Soon after this, Lord Durham forwarded to Lord Glenelg a
statement of the grounds upon which he was prepared to maintain that no