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Moxos, rivalling that of Soconusco, the best in the world." Geographical Society has placed these extracts in its Journal; and M. Angelis, an Italian, has published several portions in a periodical work printed at Buenos Ayres, and still unfinished.

This immense market for our trade and manufactures, affording too articles of the first necessity and highest luxury in return, has been hitherto all but closed by the weakness and inertitude of the Brazilian Government; and this at a time when any outlet for our goods was invaluable. Three centuries had left former speculations in the dust of oblivion, when the union took place of all Peru under its present able and enlightened ruler, who has offered fresh inducements and full security for trade. The infinitely more expensive scheme of Wheelwright would, if carried into effect, but touch, if we may use the expression, the worse surface and poorer portion of the Peruvian territory, viz. the western coast alone. We have great hesitation in receiving the statement of coals found at Concepcion for the steam communication, as they are entirely unknown to intelligent and disinterested residents of the place; but it is probable that a thin stratum of LIGNITE, known to exist there, has been mistaken for coal, and hence the erroneous speculations set forth in the appendix to Mr. Scarlett's volumes.

A steam communication of the Amazons could scarcely be objected to by Brazil in the present day, when any assistance to support her feeble authority in Para would be so important to her existence; and thus Europe would be brought in contact with the New World precisely in its most valuable, most exigent, and most neglected portion. But without the assistance and weight of the English Government, all efforts, even purely mercantile, must for years be fruitless, or advantageous only to our more active neighbours.

We have given in the Number referred to* ample details of the nature of a large portion of the country in question, and a complete list of its productions. And when, in conjunction with the foregoing commercial considerations, we look to the advantages of a free and rapid communication with friendly ports in the Pacific Ocean, for shelter and station for our cruizers on the look-out after Russian encroachments along the western coast of America, we shall rejoice to see Chile and Peru, relieved from the madness of the present objectless contest (unpopular in both countries) by British intervention, and feeling in common with the rest of that continent the value of our trade in their interior. We trust to see them evincing their gratitude to the hand that would quell their idle dissensions, and this by uniting the growing strength and resources of the second named power, and the naval skill of the first, in common cause with their supporter, against the common enemy.

From the political part of the question we purposely abstain at present, inasmuch as the vote of the French Chambers two years since for the occupation of Portugueze Guiana, will necessarily produce explauations in Parliament as to the course pursued by our Government since that occurrence was announced.

* XXXVI.

ART. X.-Aux Canadiens. Chanson. (To the Canadians. A Song.) Paris, 1838.

WHEN treating, in our last number, of political theories and constitutions of government, and slightly alluding to the illustration of those disputes which is afforded by the North American Revolution, we were not aware how soon the attention of all England would be directed to questions of constitutional right, between a parent state and her colonies, arising in the same quarter of the globe.

The recent events in Canada have brought into discussion questions of as much importance in theory as in practice; and the interest of the discussion is heightened by the position in which it has placed the politicians who have to manage it on the part of England. The assertion of the supremacy of the mothercountry, the denial of the absolute power of the purse, the enactment and execution of coercive measures, have fallen upon a set of ministers who boast, justly in some instances, in others most idly, of their political, if not lineal descent from those Whigs, by whom the cause of the Americans was espoused in the reign of George III. We shall not inquire at this moment how correctly the outbreak in Lower Canada is compared with the revolt of Massachusets; but as the example of the thirteen provinces is naturally cited, we would in the outset disabuse cursory readers of history, of some popular notions concerning our American war. That eventful tale is often told simply thus:-Lord North, the Tory minister of George III., imposed taxes on the American Colonies, theretofore a loyal and contented people. They resisted; the minister, and still more the King, insisted upon the supremacy of England, and sent troops to enforce a compliance with her demands. The Whigs in the English Parliament maintained that the Colonists were in the right; the Americans made a vigorous resistance; and their successes and our consequent disasters, and the voice of the suffering and indignant people of England, compelled the Tory ministers to submit, and acknowledge the independence of the United States.

This story, perhaps in no part absolutely false, overleaps precisely the circumstances which are most important at this moment, because they regard the commencement and early events of the Colonial contest.-America was first taxed by a Whig minister, the assertion of supreme right was made by a minister and a party eminently and boastfully Whiggish, the independence of the Colonies was most scornfully repudiated by the most eloquent of the opponents of taxation. The war was not undertaken

against the remonstrances of the people, nor was it for a long time unpopular.

Whether or not we are now at the commencement of a struggle, which after a protracted war will end in the establishment, in spite of our efforts, of a second American Republic, we do not pretend to conjecture; but we hope that those who live to the conclusion will not forget the commencement, but will recollect that the free constitution of Canada is suspended, and the decisions of the representatives of a people set at nought, by the disciples of Locke, and the admirers of Sidney, and by those professing Whigs who have recently asserted, and pretended to act upon the doctrine, that the will of a people, signified through an elective assembly, is and ought to be supreme.

With these preliminary remarks, we introduce our history of the present controversy. We fear that both in our narrative and our observations we must commit plagiaries: but the narrative is necessary, notwithstanding that it has been well given in speeches and pamphlets; and we cannot always distinguish between the observations which we have borrowed, and those in which we have merely coincided with others.

Those who are fond of tracing governments to their supposed origin, will not forget that Canada was a conquered province. The constitution may in one sense be said to be founded upon an original contract, if the articles of capitulation and cession be taken to constitute that agreement. But without reverting to the fancies which we exposed in our former number, it is only necessary to observe, that there is no allegation of any breach of the agreement by which Canada came into our possession. Toleration of her religion was all that was promised; this, and more than this, has been uninterruptedly enjoyed. If the rights of the Canadian people were to rest upon the circumstances under which their allegiance was transferred from France to England, a free or representative constitution would certainly not be among them.

In 1774 a constitution was given to Canada,* then constituting the one province of Quebec; by this instrument the free exercise of the Roman Catholic religion was secured, and the French law in civil cases, which had been temporarily superseded, was restored of these provisions, which were intended and accepted as concessions to the natives, it would be unnecessary to speak, but for one or two remarkable passages in the debate upon them in the House of Commons.+

* Act 14 Geo. III. c. 83,

Parl. Hist. xvii. 1357,

It was objected to the Bill, that in placing the government in the hands of a governor and council, it erected a despotism in Canada, Lord North's reply was, that the "number of English settlers who must choose the Assembly," if one were constituted, was very small. And it was thought cruel to have an Assembly chosen by so small a body, govern a large one. No one who spoke appears to have contemplated the possibility of giving any share in the election to the Canadians themselves. There was much talk of English liberty, but none of the freedom of mankind. Yet the speakers were the men, who soon afterwards espoused the cause of America, upon the principles of Locke; and at no very distant period panegyrized a revolution based upon the inalienable rights of man. And the other principal ground of opposition to the bill was, that it established in this French Colony too much of the French law, and of the Romish religion.* The merchants of London trading to Canada, and the Corporation of London, petitioned against the Bill as suspending the English laws, establishing arbitrary power and favouring the Roman Catholic religion. They called on M. Morin and others to speak in favour of the English laws being exercised in Canada." General Carleton also (afterwards Lord Dorchester) and Mr. Maseres, (the late Cursitor Baron,) were examined as to the dispositions of the Canadians to receive English institutions:

:

"Mr. Mackworth.-Did they disapprove the trial by jury? "General Carleton.-Very much; they have often said to me that they thought it very extraordinary that English gentlemen should think their property safer in the determination of tailors, shoemakers, mixed with people in trade, than in that of the judges.

"Lord North.-Did they express wishes of having an Assembly? "General Carleton.-Very much the contrary. In the conversation I have had with them, they have all said that when they found what disputes the other Colonies had with the crown, they would much rather be without them; and when they supposed that an Assembly, if they had one, would be chosen from the old British subjects, they expressed

an horror at the idea of one.

"Mr. T. Townshend.-Would not the Canadians think an Assembly a great benefit?

"Mr. Hay (Chief Justice of Canada).-Very far from it; they are too ignorant a people to understand the value of a free government. They are exceedingly obedient; would obey the king's command, let it be what it may if he ordered an Assembly to meet they would go ; but they would not know what to do when they came there; the fact is, they are not capable of that government; they do not expect it, it is contrary to all their ideas, to all their prejudices, to all their maxims;

NO. XLI. VOL. XXI,

* Colonel Barré, xvii. 1361.

their idea of a House of Assembly is that of a house of riot and confusion, which meets only to impede public business, and distress the crown, all which is a system extremely contrary to the ideas and principles of the Canadians.

"Mr. Townshend.-Do you know if the Canadians are desirous of having an Assembly to represent them in the government of the province ?

"M. de Lotbinière.*—They are very desirous of it.

"Mr. Townshend.-Why then have they not made representations to that purpose?

"M. de Lotbinière.-Because they understand, that if they were gratified with an Assembly they would in consequence have the expenses of government to support, which in the present state of the province would be much more than they can support.

"Lord North.-Did M. de Lotbinière ever hear any material objections to the establishment of a Legislative Council?

"M. de Lotbinière.—I never heard it particularly debated, nor any objections.

"Mr. T. Townshend.-Does he think the Canadians are not more desirous of a more free government than a Governor with a Council, the members of which are appointed, removed, and suspended by him?

"M. de Lotbinière.-They would certainly desire a freer government. "Lord Beauchamp.-But if some of the noblesse were admitted into that Council, would they not then be well satisfied?

"M. de Lotbinière.-They might then be satisfied.

"Lord North.-Would the noblesse be desirous of an Assembly in which the bourgeois were admitted to sit in common with themselves? "M. de Lotbinière.-I do not apprehend they would object to that, if it was the king's pleasure so to have it."

The Bill passed, but in the following Session, the British inhabitants of the Colony petitioned against it upon the same grounds as their brethren in England, alleging moreover that their number and importance had been underrated.

It was in 1791 that the Constitution was granted, which is now in discussion and in jeopardy. It has lately been said, but we know not upon what authority, that this Constitution was devised by Lord Grenville; however that might be, it was introduced by Mr. Pitt, then the minister acting at that time, as we believe, in perfect harmony with Lord Grenville who had been recently introduced into his Cabinet. By this new Constitution, or rather Constitutions,-for the province of Quebec was now divided into the two provinces of Upper and Lower Canada,—it was avowedly intended to assimilate the form of government in these Colonies, to the Constitution of England. The Governor stood

* A Canadian, and one of the noblesse.

Act 31 Geo. III. cap. 31.

† Journal, xxxv. 384.

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