TWO:The Lord High Commissioner immediately proceeded on his great mission, and after a tedious voyage landed at Quebec on the 29th of May. He took with him, as his private secretary, Mr. Charles Buller, a man of singular ability, an ardent friend of free institutions, gifted with a large mind and generous sympathies, and a spirit that rose superior to all party considerations. A more suitable man could scarcely have been found for such a work. But he also took out with him Mr. Turton and Mr. Gibbon Wakefield, men of ability but hopelessly damaged in character. He promptly proceeded to dismiss his Council and to select another of five who had no acquaintance with Canadian politics. He found on his arrival 116 state prisoners, whose trial had been postponed, awaiting his instructions. On the 28th of June the Lord High Commissioner published an ordinance, in which it was stated that Wolfred Nelson, and seven other persons therein named, had acknowledged their guilt, and submitted themselves to her Majesty's pleasure; that Papineau, with fifteen others, had absconded. The former were sentenced to be transported to Bermuda during pleasure, there to be submitted to such restraints as might be thought fit; the latter, if they should return to Canada, were to be put to death without further trial. In each of these cases an unfortunate error was committed. The Lord High Commissioner had no legal authority out of Canada, and could not order the detention of any one at Bermuda; and to doom men to be put to death without further trial, was denounced in Parliament, by Lord Brougham and others, as unconstitutional. Lord Brougham described it as "an appalling fact." Such a proceeding, he said, was "contrary to every principle of justice, and was opposed to the genius and spirit of English law, which humanely supposed every accused party to be innocent until he was proved to be guilty." His reasons for the course he had adopted were given by Lord Durham, in a despatch to the Home Secretary, dated June 29th. The British party, he said, did not require sanguinary punishment; but they desired security for the future, and the certainty that the returning tranquillity of the province would not be arrested by the machinations of the ringleaders of rebellion, either there or in the United States. He said: "I did not think it right to transport these persons to a convict colony, for two reasons; first, because it was affixing a character of moral infamy on their acts, which public opinion did not sanction; and, secondly, because I hold it to be impolitic to force on the colony itself persons who would be looked on in the light of political martyrs, and thus acquire perhaps a degree of influence which might be applied to evil uses in a community composed of such dangerous elements."In the Bill which was founded on the resolutions the term of apprenticeship was limited to six years for the plantation negroes, and four for all others. The Bill passed the House of Lords with slight opposition; and on the 28th of August, 1833, it received the Royal Assent. It does not appear that William IV. urged any plea of conscience against signing this Act of Emancipation, although in his early days he had been, in common with all the Royal Family, except the Duke of Gloucester, opposed to the abolition of the slave trade. The Act was to take effect on the 1st day of August, 1834, on which day slavery was to cease throughout the British colonies. All slaves who at that date should appear to be six years old and upwards were to be registered as "apprentice labourers" to those who had been their owners. All slaves who happened to be brought into the United Kingdom, and all apprentice labourers who might be brought into it with the consent of their owners, were to be absolutely free. The apprentices were divided into three classes. The first class consisted of "predial apprentice labourers," usually employed in agriculture, or the manufacture of colonial produce, on lands belonging to their owners, and these were declared to be attached to the soil. The second class, consisting of the same kind of labourers, who worked on lands not belonging to their owners, were not attached to the soil. The third class consisted of "non-predial apprenticed labourers," and embraced mechanics, artisans, domestic servants, and all slaves not included in the other two classes. The apprenticeship of the first was to terminate on the 1st of August, 1840; and of the "non-predial" on the same day in 1838. The apprentices were not obliged to labour for their employers more than forty-five hours in any one week. Voluntary discharges were permitted; but, in that case, a provision was made for the support of old and infirm apprentices. An apprentice could free himself before the expiration of the term, against the will of his master, by getting himself appraised, and paying the price. No apprentices were to be removed from the colony to which they belonged, nor from one plantation to another in the same colony, except on a certificate from a justice of the peace that the removal would not injure their health or welfare,[368] or separate the members of the same family. Under these conditions the apprentices were transferable with the estates to which they were attached. Their masters were bound to furnish them with food, clothing, lodging, and other necessaries, according to the existing laws of the several colonies, and to allow them sufficient provision ground, and time for cultivating it, where that mode of maintenance was adopted. All children under six years of age when the Act came into operation, and all that should be born during the apprenticeship, were declared free; but if any children were found destitute, they could be apprenticed, and subjected to the same regulations as the others. The Act allowed governors of colonies to appoint stipendiary magistrates, with salaries not exceeding 300 a year, to carry the provisions of the law into effect. Corporal punishment was not absolutely abolished, but it could be inflicted only by the special justices, who were authorised to punish the apprentices by whipping, beating, imprisonment, or addition to the hours of labour. The corporal punishment of females was absolutely forbidden in all circumstances. The quantity of punishment was restricted, and the hours of additional labour imposed were not to exceed fifteen in the week.
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