sure, in comparison with Whiggery without | dence of its impropriety. The Radicals preferring the Tory. fancy that Lord Durham is their leader. The Whigs, if not a little afraid of him, certainly admire him most at a distance. And one cause of his popularity is, that he is not a devoted adherent of the present administration. Yet one thing a little startles us. While we give credit to Lord Durham for considerable talents, a high sense of honour, and many virtues, we own it is new to us to hear of his powers of conciliation. How comes it, if such be his qualities, that he is not in the Cabinet? We have heard, indeed, that, except in the case of the compact alliance with another Lord for a purpose which, abused as the term is, can scarcely be called liberal, it has been found rather difficult to act with him.

"He wished that the noble lord (John Russell) had acted more in the spirit of Lord Aberdeen. He thought that the intentions of Lord Aberdeen were good, and had that nobleman remained in office up to the present time, he had no doubt, from the great attention which he paid to the facts brought before him, and from the manner in which he drew his conclusions, that there would have been none of the rebellion, none of the disturbances, which they were now compelled to regret. He was bound to say so; taking it for granted that Lord Aberdeen would have acted upon the reasoning adopted by him during the short time that he was at the head of the Colonial Office, and which, if carried into effect, would certainly have done much good."*

It is possible that Mr. Hume underrates the wrong-headedness and rebellious spirit of Mr. Papineau. We are not sure that the insurrection would have been avoided, but we are sure that the case of the English government would have been plainer and stronger; and the questions now at issue would have been settled in 1836.

But allowing Lord Durham to be a fit man for Governor-General, we object to another mission of inquiry. With the exception perhaps of the question of uniting the two provinces, there is nothing to inquire about; there is no point upon which ministers or parliament can want further materials. Excepting that being composed 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 would 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.†

Still we are of opinion that that measure was necessary, and that Lord John Russell's bill, as amended by Sir Robert Peel, was wisely passed, and the emergency created by the conduct of the Assembly; of which body, indeed, it might have been resolved, that "they had abdicated the government, and that the house was thereby vacant."

In that emergency, it was of absolute necessity that some such act should pass without delay, and it was impossible to accomplish with due rapidity a more permanent

arrangement.

But we greatly disapprove of the steps which the Government is taking with a view to that permanent arrangement.

Of the appointment of the Earl of Durham, as Governor General, we say nothing. It has certainly been very well received by all parties in this country. It is not the way of the Tories to find fault with an appointment made by the Crown, without some evi.

+ January 16, xl. 50.

+ This is the effect of the Act, 2 Vict. c. 9.

away their right to require from hin a secret and confidential opinion; all that he says must be laid before parliament, and sold to the inhabitants of both hemispheres at two pence per sheet. Are ministers prepared to do no more and no less than he recommends? If not, how weakly and how idly is this new embarrassment created, which will arise from their rejecting the counsel of their chosen delegate!

But now, turning aside from ministerial vagaries and party politics, let us consider the measures which, in the relative position of England and Canada, it will be just and wise to adopt.

We will not dwell on the question of Emancipation.

It has been proposed to unite the two Canadies, and, sometimes, to unite all the colonies, with the view of their forming, at no distant period, an independent federative

state.

This extensive project is more than we can comprise in our space: we give no opinion upon it at present. But not only to this, but to the project of reuniting the two Canadas, we say, the settlement of the Con

stitution of Lower Canada must not be post. poned. We must not in a hurry force the one province upon another; and there is no reason for believing that either province is now desirous of the union. Lord Durham may obtain opinions and weigh them well, but he must not interrupt the settlement of Lwer Canada.

Emancipation and annexation we for the present equally reject.

The three great questions which remain, namely, the financial question, the constitution of the Legislative Council, and the responsible cabinet,-all depend upon a preliminary question, how much of the spirit and practice of the British Constitution can be transferred to Canada?

It may strike a careless observer, and we fear that it has appeared to those who were capable of more accurate observation, to be possible to have two or more independent states, each with a free constitution, under one king, and forming one empire. Ireland was (after 1782) independent, why not Canada?

Ireland, from the time at which she became independent, to that at which she be came incorporated with Great Britain, was governed by influence. Unquestionably the Irish parliament might have so exercised its power as greatly to embarrass England, and as we have already said, there was once but a narrow escape from a collision. It was the possibility of this collision that produced the union.

Lord Grenville, in introducing the measure to the Lords, thus concluded an exposition, very applicable to the present ques tion, of the incompatibility of two independent legislatures in the same empire. "The countries are reduced to the alternative of either giving up the exercise of the inde pendence of the parliament of the one country, or of all bond of connection between the two."*

That remedy consists in confining the independent functions of the colonial legislature to such matters as concern herself only, and do not interfere with the general interests of the empire, or with the mainte nance of the supremacy of the parent state; to which supremacy it is (amongst other things) essential that the king's government in the colony should be independent.

This rule implies that the colony consists of persons having a common interest; and affords, moreover, the materials for a legisla. ture which may be trusted for making just and equal laws, and providing for the administration of Justice. If not, it is as much the duty of a paternal government to interpose with its supreme authority, as it is the du. ty of the select class, which elects and compo. ses a legislature, to provide for those to whom that function is denied. And if the colonists are of two descriptions or races, not having, or think they have not, common interests, it is then the duty of the parent state to see that there is no dangerous collision between the two; and more especially to protect its own peculiar people who may settle in the colony. Such are the grounds upon which we contend

1st, That the Constitution of Lower Canada ought not to be re-established without the institution of a "Civil List." And considering the state of the province, the probability of a contest of races, the insufficient education of the legislators, we hold

2nd, That this Civil List ought to provide

not only for the government, but for the Judges, and for the administration of justice.

In regard to the ordinary expenses of the government, we think that the former prac. tice of England is more applicable to Canada," than that which has lately superseded it. We would therefore not leave the govern ment dependent upon the votes of the AsIn the case of Ireland the only remedy sembly, for any part of the ordinary expen was 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, too 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 Parliawar. 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 Parliaseparation. And her propinquity admitted ment.

of that remedy, which was unquestionably The utility of this Civil List, whether grant. most complete for the evils which it was ed for the Queen's life, or for seven years, intended to 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.

* Parl. Hist. xxxiv. 664.

We think too, that it is more fit for England and more congenial with our Constitntion.

Assembly. The government must look to Parliament itself for the renewal, or it will be periodically powerless.

It is objected, that this arrangement will deprive the Assembly of its constitutional power of controlling the government by refusing supplies.

119

One consequence of making the government independent, is assuredly to enable it to exercise the veto. "Nor is it possible to protect the mother country from clashing decisions of the provincial legislature, without the actual exercise of the veto, which in our English Constitution is perpetuaily dorOur 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, invernment 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 government would be free to exercise its necessary powers; it could never be reduced to the alternative of concession, or starvation.

Adam Smith had said that "the American Colonists had their rights secured to them in the same degree and by the same means as we." Hear a remark upon this saying, by an elementary writer upon Colonies:

dressed by the Commons of England to prevent by his royal prerogative the injury with which the petitioners are threatened. The English ministers hesitate, and now the Com. mons of England threaten to shut the much richer purse which is in their hands.

If we have put an extreme case it is not beyond that which the Assembly assumes as its rightful course.

"The relation of dependency which a coMuch 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 cabithe 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 rea tive 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

The influence of

them.

between the two systems. the Commons from their power of withholdThe 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 evidently almost no existence on the colonial wishes may now be anticipated in the Upthe acts of the Assembly, whereas his system; accordingly every measure proposed by the colonial legislature, that did not meet per Chamber.

with the entire concurrence of the British Ca

upon

We are aware that our suggestions may

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 tem. It is essential to the dependence of the suggestions of the Legislature with a single Colonies, and a necessary part of their subor dinate constitution. It is the legal mode of view to the wants and wishes of the Colony. enforcing subjection, consistently with the forms of the British government."- Brougham's Colonial Policy, ii. 25.

But still the more aristocratic chamber is required, not so much in this state of things for supporting the monarchy as for moderating 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 dem

ocratic assembly is elected by persons of no ART. XI.-Les Œuvres de Wali, publées education, and is in part composed of such persons.

The more independent the government is the more safely it can comply with the demand of the Assembly, that the Council should be made more independent of the Crown,

en Hindoustani: 2e Partie: Traduction et Notes: (The Works of Wali, published in Hindoustani: Part II. Translations and Notes.) Par M. Garcin de Tassy. Paris, 1834-36.

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. tors than of people generally.

If this were effected there would be some reason in the observation-the French are the more numerous, and therefore ought to be more powerful.

But we dispute the absolute power of the majority. In a sovereign State it is a ne cessary evil, though there often checked by an upper chamber; in a Colony, it is an evil easily to be avoided. One race must not be permitted to pass laws, unequally or injuriously affecting the other. If the Legislative Council fails in preventing it, it must be defeated by the royal veto.

We have no space for more,' * and must leave Lord Durham's Instructions to Sir Robert Peel's exposure of their eminent absurdity.

Let the King's government in Canada, and the judicial administration, be made independent. Let the Legislative Council be made as much as possible independent, and the representation of property, let an even hand be kept between the two races, and the Canadians of French and English origin may be left to manage their own af fairs, until the time shall come when, in common with their neighbours, they may throw off the colonial character.

We are not of those who believe that all experience is wrong; that established habits, tastes, and modes of thinking are erroneous in proportion to their diffusion; and that because an individual differs from a whole nation, they ought to become his converts. Such as hold these doctrines may indeed excel their countrymen, but only in ignorance and self conceit. The relative wisdom, of the single sage, and of his nation, are generally in the proportion of individual to national existence. may not be aware of the grounds of their opinion; but this is his deficiency, not theirs.

He

Every effect has a cause; every prejudice or fancy, some, however slight or perverted, foundation in truth. Every error has some portion of reason for its basis, and if we examine it close and candidly we shall elicit a portion of benefit. It is not in candid minds contrariety to fact, but the misapplication of this, that originates the falsehood. Let the test be applied to the Western and Eastern taste.

The literature of Europe is clearly traceable in its origin to the East: the latter bears in its several portions the characteris. tic marks of its origination. We have at present only to deal with a part of these. 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 dwell principally upon those points of the case 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, 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 exforms 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 Him.

laborious uselessness, and fancy became 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 eye, 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 nature 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 rapture 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 Spartan task-master: the early efforts or exaggeration were fettered by an iron

scorn.

It is not the place here to inquire what causes in Arabia originally produced an effect on her literature equally different from that of Greece as of Persia. Since the Hindustanee is but a modern corruption of the Hinduee with the Persian and Arabic languages, having referred to the first of these sources, we must now examine the second, only so far as connected immediately with our subject.

Sparta was an isolated state: the simplic. ity she maintained might influence and morally regulate, but could not bind the genius of Greece. A taste for vigour and conciseness was nevertheless thus originated, for restraint invigorates the powers 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 temperature of the skies, induced energy, not exhaustion; but, while intellects and interests struggled, the rose was unknown to Greece.

without tainting, the bardic evocations of Judah with the imagery of the East. But the strains of the Koran had a far humbler source, in the elaboration of a dreamy and 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 16

VOL. XXI.