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sure, in comparison with Whiggery without dence of its impropriety. The Radicals preferring the Tory.
fancy that Lord Durham is their leader. " He wished that the noble Jord (John The Whigs, if not a little afraid of him, Russell) had acted more in the spirit of Lord certainly admire him most at a distance. Aberdeen. He thought that the intentions of And one cause of his popularity is, that he Lord Aberdeen were good, and had that no. is not a devoted adherent of the present adbleman remained in office up to the present ministration. Yet one thing a little startles time, he had no doubt, from the great atten- us. While we give credit to Lord Durham tion which he paid to the facts brought be for considerable talents, a high sense of fore him, and from the manner in which he honour, and many virtues, we own it is new drew his conclusions, that there would have been none of the rebellion, none of the dis. to us to hear of his powers of conciliation. turbances, which they were now compelled How comes it, it such be his qualities, that to regret. He was bound to say so; taking he is not in the Cabinet ? We have heard, it for granted that Lord Aberdeen would indeed, that, except in the case of the combave acred upon the reasoning adopted by pact alliance with another Lord for a purhim during the short time that he was at the pose which, abused as the term is, can head of the Colonial Office, and which, if scarcely be called liberal, it has been found carried into effect, would certainly have done rather difficult to act with him. much good."*
But allowing Lord Durham to be a fit It is possible that Mr. Hume underrates the man for Governor General, we object to anwrong-headedness and rebellious spirit of other mission of inquiry. With the excepMr. Papineau. We are not sure that the tion perhaps of the question of uniting the insurrection would have been avoided, but two provinces, there is nothing to inquire we are sure that the case of the English go- about; there is no point upon which minisvernment would have been plainer and ters or parliament can want further matestronger; and the questions now at issue
rials. Excepting that being composed would have been settled in 1836.
of one man, it may not be quite so controAnd this at least is quite clear, that they versial, this commission is liable to all the wouid not have been driven to adopt a mea- objections made to that of 1835. And it is, sure more arbitrary, or more offensive, than as well as that, liable to the objection which that which, after all their conciliatory we have made to the Committee of 1828. flourishes, the Whig Ministers have pro
From the circumstances under which posed-nothing less than to suspend the Lord Durham is sent, and especially from constitution of Lower Canada, and to give the communication to parliament, publica. absolute power there to a Governor and tion and sale of his instructions, he must Councillors, holding at the pleasure of the make a public report. Ministers have cast Crown.t
away their right to require from hin a seStill we are of opinion that that measure cret and confidential opinion; all that he was necessary, and that Lord John Russell's says must be laid before parliament, and bill, as amended by Sir Robert Peel, was sold to the inhabitants of both hemispheres wisely passed, and the emergency created by at two pence per sheet. Are ministers prethe conduct of the Assembly; of which pared to do no more and no less than he rebody, indeed, it might have been resolved, commends? If not, how weakly and how that they had abdicated the government, idly is this new embarrassment created, and that the house was thereby vacant."
which will arise from their rejecting the In that emergency, it was of abso!ute ne
counsel of their chosen delegate ! cessity that some such act should
with But now, turning aside from ministerial out delay, and it was impossible io accom vagaries and party politics, let us consider plish with due rapidity a more permanent
the measures which, in the relative position arrangement.
of England and Canada, it will be just and But we greatly disapprove of the steps wise to adopt. which the Government is taking with a
We will not dwell on the question of view to that permanent arrangement.
Emancipation. Of the appointment of the Earl of Dur
It has been proposed to unite the two Ca. ham, as Governor General, we say nothing. nadies, and, sometimes, to unite all the co. It has certainly been very well received by lonies, with the view of their forming, at no all parties in this country. It is not the way distant period, an independent federative of the Tories to find fault with an appoint
state. This extensive project is more than ment made by the Crown, without some evi. we can comprise in our space: we give no
opinion upon it at present. But not only to + January 16, xl. 50.
this, but to the project of reuniting the iwo + This is the effect of the Act, 2 Vict. c. 9. Canadas, we say, the settlement of the Con
stitution of Lower Canada must not be post- That remedy consists in confining the poned. We must not in a hurry force the independent functions of the colonial legisone province upon another; and there is no lature to such matters as concern herself reason for believing that either province is only, and do not interfere with the general now desirous of the union. Lord Durham interests of the empire, or with the mainte. may obtain opinions and weigh them well, nance of the supremacy of the parent state ; but he must not interrupt the settlement of to which supremacy it is (amongst other Lwer Canada.
things) essential that the king's governEmancipation and annexation we for the ment in the colony should be independent. present equally reject,
This rule implies that the colony consists The three great questions which remain, of persons having a common interest; and namely, the financial question, the constitu. affords, moreover, the materials for a legisla. tion of the Legislative Council, and the re. ture which may be trusted for making just sponsible cabinet,--all depend upon a pre- and equal laws, and providing for the admiliminary question, how much of the spirit nistration of Justice. If not, it is as much and practice of the British Constitution can the duty of a paternal government to inter. be transferred to Canada ?
pose with its supreme authority, as it is the du. It may strike a careless observer, and we ty of the select class, which elects and compo. fear that it has appeared to those who were ses a legislature, to provide for those to capable of more accurate observation, to be whom that function is denied. And if the possible to have two or more independent colonists are of two descriptions or races, not states, each with a free constitution, under having, or think they have not, common inte. one king, and forming one empire. Ireland rests, it is then the duty of the parent state was (after 1782) independent, why not Ca- to see that there is no dangerous collision benada?
tween the two; and more especially to pro. Ireland, from the time at which she be. tect its own peculiar people who may settle came independent, to that at which she be in the colony. Such are the grounds upon came incorporated with Great Britain, was which we contend governed by influence. Unquestionably the 1st, That the Constitution of Lower CanaIrish parliament might have so exercised its da ought not to be re-established without power as greatly to embarrass England, and the institution of a " Civil List." as we have already said, there was once but And considering the state of the province, a narrow escape from a collision. It was the probability of a contest of races, the inthe possibility of this collision that produced sufficient education of the legislators, we the union.
hold Lord Grenville, in introducing the meas- 2nd, That this Civil List ought to provide ure to the Lords, thus concluded an expo. not only for the government, but for the sition, very applicable to the present ques. Judges, and for the administration of tion, of the incompatibility of two indepen justice. dent legislatures in the same empire. "The In regard to the ordinary expenses of the countries are reduced to the alternative of government, we think that the former prac. either giving up the exercise of the inde tice of England is more applicable to Canapendence of the parliament of the one coun- da,* than that which has lately superseded it. try, or of all bond of connection between We would therefore not leave the governthe two."*
ment dependent upon the votes of the AsIn the case of Ireland the only remedy sembly, for any part of the ordinary expenwas an incorporated legislature. Ireland diture, fixed upon a moderate scale.. As was too rich and too powerful to acquiesce for the judges, there is no difference of opiniin any other, and she was, moreover, 100 on, but we would add, (with Sir Charles essential a part of the empire. Her con. Grey,) the expenses of administering justice; currence was necessary, and her support seeing especially that these, in England, important, in wars and preparations for though not provided for by a grant of Parlia
Great Britain, for her own sake, ment, are (by means of fees, rates, and other could not contemplate the alternative of such receipts) equally independent of Parlia. separation. And her propinquity admitted ment. of that remedy, which was unquestionably The utility of this Civil List, whether grant. most complete for the -vils which it was ed for the Queen's life, or for seven years, intended io cure, though there are also would be annihilated if it were dependent, at some points of superiority in the remedy the end of the term, on the pleasure of the which is applicable to a distant colony.
* We think too, that it is more fit for England * Parl, Hist. xxxiv. 664.
and more congenial with our Constitntion.
Assembly. The government must look to One consequence of making the govern. Parliament itself for the renewal, or it will ment independent, is assuredly 10 enable it be periodically powerless.
to exercise the veto.
“ Nor is it possible It is objec:ed, that this arrangement will to protect the mother country from clashing deprive the Assembly of its constitutional decisions of the provincial legislature, withpower of controlling the government by re. out the actual exercise of the veto, which in fusing supplies.
our English Constitution is perpetuaily dor. Our answer has been partly anticipated in mant. Let the question be of one trade; or a former page.
Our arrangement would let it be one in which the interests of a por. leave to the Assembly, as much of the power tion of the colonial community, which is the enjoyed by the House of Commons, as is peculiar object of British protection. An compatible with the colonial state. The go- Act passes the two Houses in the Colony, in. vernment would be unable, without its con- juriously and unfairly affecting those inte. currence, to engage in any expensive scheme, rests. The assent of the crown is refused or to make use of any part of the Revenue by the governor. The Assembly remonat its own pleasure ;* for it is, of course, a strates, threatens to exercise its power of part of our proposal, as it is of that of the withholding the supplies, and the King is government, that the entire surplus of Reve. disposed to instruct the governor to yield, nue, beyond the Civil List, should be at the rather than produce that inconvenient conse. disposal of the legislature. It is even proba- quence.
Meanwhile the suffering minority ble that this surplus would give the Assembly petitions the British House of Commons; a considerable influence over the measures their prayer is heard, and the crown is adof the colonial government. But the govern. dressed by the Commons of England to pre. ment would be free to exercise its necessary vent by his royal prerogative the injury with powers; it could never be reduced to the al. which the petitioners are threatened. The iernative of concession, or starvation. English ministers hesitate, and now the Com.
Adam Smith had said that “the American mons of England threaten to shut the much Colonists had their rights secured to them in richer purse which is in their hands. the same degree and by the same means as If we have put an extreme case it is not we.” Hear a remark upon this saying, by beyond that which the Assembly assumes an elementary writer upon Colonies : as its rightful course. The relation of dependency which a co
Much of what we have said and quoted lonial establishment supposes could never be on the Financial control is applicable to the insured by a delegation of that authority to Assembly's demand of a responsible cabi. the governor, or an extentsion of those rights net. But it is not a matter for legislation, to the people, which give energy to the execu- and the Assembly's wishes cannot be reative power and secure complete liberty to the lized without that absolute power over the subjects on this side of the Atlantic. To take one example only of the radical difference purse which it is proposed to withhold from
them. between the two systems. The influence of the Commons from their power of withhold.
The abolition of the Legislative Council ing supplies, which almost always prevents was once proposed as a sort of compromise; the negative of the crown from being exerted but it was judiciously objected that this in Great Britain, and is indeed the great cor- would oblige the governor to put his veto ner-stone of the British Constitution, has evi, upon the acts of the Assembly, whereas his dently almost no existence on the colonial wishes may now be anticipated in the Upsystem; accordingly every measure proposed by the colonial legislature, that did not meet per Chamber.
We are aware that our suggestions may with the entire concurrence of the British Ca. binet, was sure to be rejected in the last in- be said to be less liberal towards the people stance by the crown.
Nor is this of Canada than those either of Whigs or political arrangement, which altogether re- Tories. But we hold that if the governverses the balance of the powers in the go- ment is independent it can be more liberal. vernment of the Colonies, the consequence If it has no applications to make on its own of any arbitrary or accidental part of the sys- part to the Assembly, it will consider the Colonies, and a necessary part of their subor suggestions of the Legislature with a single dinale constitution. It is the legal mode of view to the wants and wishes of the Colony.
But still the more aristocratic chamber is enforcing subjection, consistently with the forms of the British government.”– Broug- required, not so much in this state of things ham's Colonial Policy, ii. 25.
for supporting the monarchy as for mode
rating the democracy, and for giving due • The exception of whatever small sum may
weight to the upper classes, whether in be allowed for contingencies is not a material ex- point of property or of intelligence. And ception.
surely this want is greatest where the democratic assembly is elected by persons of no ART. XI.-Les Euvres de Wali, publées education, and is in part composed of such en Hindoustani: 2e Partie : Traduction persons.
et Notes: (The Works of Wali, published The more independent the government in Hindoustapi: Part II. Translations is the more safely it can comply with the and Notes.) Par M. Garcin de Tassy. demand of the Assembly, that the Council Paris, 1834-36. should be made more independent of the Crown,
AGAINST Eastern literature generally a There is still another ground for retain- strong and well-merited impression exists ing a non-elective chamber. The repre- in Europe, and more particularly in Eng. sentative system in Canada gives a weight land. We cordially assent to the justice of to numbers rather than to property, and this prepossession in a very great degree, thus gives an advantage to the Canadians though not altogether; and if our remarks of French origin. And this inequality has can at all avail to point out where the error been increased since 1828, by an act of the commences, we shall have done much toColonial Legislature, to which the king's wards dispelling the thick fog of prejudice ministers assented, through an incautious which obscures what is really brilliant in application of the principle of leaving local Oriental literature to our eyes, and towards matters to the local legislature. This Con-removing that extraordinary indifference to stitutional law ought to have been an ex- every thing Eastern which arises in part ception. The supreme authority ought to from our knowledge, but more from our ig. have dictated a rule, proportioning the mem- norance. bers rather to the number of qualified elec. We are not of those who believe that all tors than of people generally.
experience is wrong; that established habIf this were effected there would be some its, tastes, and modes of thinking are erroreason in the observation—the French are neous in proportiou to their diffusion; and the more numerous, and therefore onght that because an individual differs from a to be more powerful.
whole nation, they ought to become his But we dispute the absolute power of the converts. Such as hold these doctrines majority. In a sovereign State it is a ne may indeed excel their countrymen, but cessary evil, though there often checked by only in ignorance and self conceit. an upper chamber; in a Colony, it is an relative wisdom, of the single sage, and of evil easily to be avoided. One race must his nation, are generally in the proportion not be permitted to pass laws, unequally or of individual to national existence. He injuriously affecting the other. If the Leg. may not be aware of the grounds of their islative Council fails in preventing it, it opinion; but this is his deficiency, not theirs. must be defeated by the royal veto.
Every effect has a cause; every prejuWe have no space for more,* and must dice or fancy, some, however slight or perleave Lord Durham's Instructions to Sir verted, foundation in truth. Every error Robert Peel's exposure of their eminent has some portion of reason for its basis, absurdity.
and if we examine it close and candidly we Let the King's government in Canada, shall elicit a portion of benefit. It is not in and the judicial administration, be made in candid minds contrariety to fact, but the dependent. Let the Legislative Council be misapplication of this, that originates tho made as much as possible independent, and falsehood. Let the test be applied to the the representation of property, let an even Western and Eastern taste. hand be kept between the two races, and
The literature of Europe is clearly trace. the Canadians of French and English ori- able in its origin to the East: the latter gin may be left to manage their own af bears in its several portions the characteris. fairs, until the time shall come when, in tic marks of its origination. We have at common with their neighbours, they may present only to deal with a part of these. throw off the colonial character.
In considering in our XXXVth Number,
the relics of Ancient Persia, we pointed out * Our space obliges us to curtail much. In distinctly the sources of its florid and decontracting the article we have endeavoured to fective taste as arising out of a creed that which are of more permanent importance, and confounded the Creator and the created: upon topics which have not occupied so much as that held the visible as a portion of the unothers of the able pamphlets and speeches which have been published. We are particularly sorry honest, masterly production never issued from to be compelled to leave almost unnoticed Lord Downing Street. "Lord Glenelg took it for his Aberdeen's Instructions to Lord Amherst, which model, but spoiled it by his tawdry ornaments. have been published by the House of Commons We would confidently submit the two to a jury while this article was at press. A more clear, 1 to be struck by Mr. Roebuck.
seen; the tangible as part of the immateri. politics, the subject-slave was virtually proal; the single and perishing beauties of hibited from all; his intellect, chained, left nature as rays of the One Eternal Infini- him free only to the pleasures of sense ; tude. The Gorgeous was there the Ineffa- and the individual despotism of riches and ble; the Beautiful, Deity. And as the subordinate power was lost in the wide ex. forms that delighted the senses, though tent of an Eastern Empire, uncontrolled by earthly, included Godhead, the words that the superior lord, or by the check of popuexpressed the former correspondingly lar jealousy and opinion. Thought was a shrouded a constant and mystic allusion to laborious uselessness, and fancy became Him.
sensuous because luxury itself was a necesWhatever Europe boasts in superiority sity : the mind, forbidden to range, contractof Taste, it owes to Greece, to Homer, and ed itself to the cye, and earth lavished all the institutions of Lycurgus. Whether in- her charms for the exaggerations of sense ; dividual or collective, and it is certainly the shade of his chinar was happiness
, the both, the unparalleled strength and tireless streak of the tulip variety, the hyacinth, energy of that torrent song involved and bloom, the narcissus tenderness; the ripple swept the human heart along its course in of the stream was an exertion, and the foununbroken sway; all effort, all energy, all tain a dream of delight to the entranced and natúre in its path, being overwhelmed and voluptuous Persian, while the light of woborne onward in the one direction of that man's eye was on his heart and the light flood.
of her spirit his soul informing sense. To The imitative powers that might have a mind so unformed, yet so impassioned, rushed on to extravagance in the works of Eastern night was a bliss, his garden an his followers, were checked by the same Eden, his glittering palace, paradise; the hand that had introduced the magic rhapso- nightingale his voice of love and wail, and dy. The cold and stern institutions of his rose of an hundred leaves an aromatic Sparta, rejecting Genius and abhorring life, her sultry blush but the flushes of a Imagination, checked Passion into stone and tenderness treasuring, yet breathing back depressed Fancy with a sneer. Yet the the love he gazed on her again. It was impetus was given: Homer still lived and the delirium of raptare unrestrained; enbreathed in the hearts of his countrymen, trancing the senses, but enervating and deand Greece but breathed with him; but basing the soul. the infant Hercules of her spirit found a It is not the place here to inquire what Spartan task-master: the early efforts or causes in Arabia originally produced an efexaggeration were fettered by an iron fect on her literature equally different from scorn.
that of Greece as of Persia. Since the HinSparta was an isolated state: the simplic. dustanee is but a modern corruption of the ity she maintained might influence and Hinduee with the Persian and Arabic lan. morally regulate, but could not bind the guages, having referred to the first of these genius of Greece. A taste for vigour and sources, we must now examine the second, conciseness was nevertheless thus origina- only so far as connected immediately with ted, for restraint invigorates the powers our subject. which positive prohibition enervates. The confidence of a divine inspiration and Taught thus to weigh its own fancies, to the weight of the Prophetic character, (taking sit in judgment on itself, or else incur by these merely in their human sense,) had extravagance the ridicule of vivacious given to the bursts of the Hebrew Poets a Greece, the poet husbanded his strength, loftiness unequalled by the breathings of unand sought only to imitate nature. She as- assisted nature; and there is more beauty sisted her votary: the very soil of Europe than wildness, force rather than distraction, was comparatively unproductive of those in the Oriental hues that tinge without disobjects of sense which lull the imagination colouring, in the irregular glow that imbues of the East; the republican rivalries, the without tainting, the bardic evocations of Jutemperature of the skies, induced energy, dah with the imagery of the East. But the not exhaustion; but, while intellects and in strains of the Koran had a far humbler terests struggled, the rose was unknown to source, in the elaboration of a dreamy and Greece.
late-educated mind; too imperfect to disThe accidents of rule and climate thus cover the false taste of Arab composition, favourable to mental developement in and with too much at stake to permit a doubt Greece, and subsequently in Europe, were of its proper perfection. The weariness that proportionately hostile in the wide. sove results from witnessing hopeless efforts, and reignties and glowing luxuriance of Asia. the confusion of a mind entangled amongst Prohibited from the strong excitement of Hebrew traditions and the base superstition