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Having been at my own request, placed on the superannnation list at the
beginning of 1888, when my age was rather over eighty-seven, but being still
kindly allowed to use the seat I had occupied for more than twenty years in
the room assigned for my office as Law Clerk of the Uonse of Commons when
the plan of the Parliament Building was made, I could not help still taking h
deep interest in public, and especially in Parliamentary affairs ; nor could I
abstain from now and then writing quiet little articles (never touching party
politics) which Editors were kind enough to like and print ; and some of
which I have had the vanity to collect and get printed together in the fol-
lowing pages, for my own use, or that of any of my friends who might like to
have them as a memento of their old acquaintance, W. And a few of these
relate to important decisions nnd considerations touching public matters.

G. W. WiCKSTBED.

Ottawa, 11 July, 1890,

^^o53

THE RAILWAY CASE.

MANITOBA VS. C. P. R.

Editor of The Citizen :

Sir,— The great case has been heard, and the grand tourna-
ment of the Knights of the Bar and Railway has been hold. On
the 14th proximo we are to hear the result, and the Chief
Justice, as the Queen of Beauty presiding at the contest, will
award the laurel wreath to the victors. The Knights of the
Bar and their Esquires did not break the record of their prowess.
Mr. Blake, clad in the panoply of the strict letter of the law,
stoutly maintained that under two clauses of our Canadian
Constitution, a Provincial railway declared by our Parliament
to be a work " for the general advantage of Canada," is with-
drawn absolutely from Provincial legislative authority and
control, and placed exclusively under that of the Dominion
Parliament, and that the railway in question had been so
declared. And Mr. Mowat, opposing to the letter of the law
which killeth, the spirit which giveth life, contended resolutely
that the said clauses and declaration merely gave the Dominion
Parliament power to make the railway, if it chose, thougli
entirely within a Province, or to assume the control ot it i^
made, and not that of saying, d, la dog in the manger, " We
won't make it and you shan't ; " and to argue that the Imperial
Parliament intended that a Province would lose its right to
make a railway because it would be for the general advantage
of Canada, was giving a very severe twist, not to the British
Lion's tail, but to his parliamentary clause.

November 2'7tli, 1888.

The Railway Case.

Referring to the crho now before ilie Supremo Court in re
the Province of Manitoba and the Canadian Pacific Railway
Company, we gather from the reports in the papers, that Mr.
Blake contended, that the Manitoba railway in question came
within the description of those which had been declared by the
Dominion Parliament to bo " for the general advantage of
Canada," and was, therefore, by the provision of the Constitu-
tional Act in such case, withdrawn from the legislative authority
of the Provincial Legislature, and exclusively placed under
that of the Dominion Parliament, and was therefore, unlawfully
made under the Manitoba Act, contrary to the said provision
of the Constitutional Act, and was not entitled, under the
Eailway Act of 1888, to the benefit of the provisions therein
made respecting railway crossings. Mr. .^fiow^at on behalf of the
Province, maintaining that the provision of the Constitutional
Act did not prohibit the making of a railway declared to be
'* for the general advantage of Canada," but made it subject
thereafter to the legislative authority of the Dominion Parlia-
ment, and placed it, when made, and until the said Parliament
should otherwise direct, under the laws governing railways
under its authority ; that the Dominion Parliament had made
no special provision as to the said railway, which was, therefore
entitled to the benefit of the provisions of the Railway Act of
1888, including those respecting railway companies and others,
which by section 4 are declared to be applicable " to all rail-
ways, whether otherwise under the authority of Parliament or
not; " and that this construction of the Imperial Act seemed
more consistent with ccmmon sense, and with the allowance by
the Dominion Government, acting of course under the opinion of
the Attorney-General, of the Provincial Railway Acts cited by
him (Mr. Mowat) and more consistent with the intention of the
Dominion Parliament, than the view which supposes it to have
been intended to prevent the construction by a Province of a

The Railway Case,

work entirely within its boundaries, because it was declared to
be " for the genernl advantage of Canada."

The Imperial jjrovision has been frequently extended to
Provincial railways, but alwi.ys for the purpose, not of prohibi-
ting them, but of extending them, so that they should be for the
greater advantage of Canada. It is difficult to believe that a
Parliament which, in the then last session, had repealed the
enactments establishing railway .aonopoly in Manitoba under
one form, intended to re-e.-tablish it in another, which Mr.
Blake's construction of the Imperial enactment would certainly
do.

" Canada Law Journal," lat December, 1888.

In a very strong editorial of The Week for 29th November,
the Government and Parliament were severely handled with
respect to thi>. natter, under the supposition that Mr. Blake's
interpretation of the Imperial provision was the correct or>e •
and W., believing that the Kditor was mistaken in thisljw
wrote, and The Week published in its then next number, the
following letter: —

Editor of The Week:

Sir,— Eeferring to the article in your number of November
29th, respecting the case now pending in the Supreme Court
between the Canadian Pacific Railway Company and the Pro-
vince of Manitoba, I think you should acquit the Dominion
Government and Parliament of any intention to re-establish,
under the provision in the Railway Act, the monopoly they had
abolished in the preceding session. It is only reasonable to
believe, that the Government and Parliament held that the
provision of the Constitutional Act, respecting the effect of a

i'he Railwaof Case.

declaration that any Provincial work was one '' for the general
advantage of Canada," was not intended to prevent a Province
from constructing a railway wholly within such Province, but
to enable the Dominion Parliament to make such railway, or to
subject it, whwi made by a Province, to such provisions as might
be established for the irovernment of railways generally, as the'
Eailway Act does; and under this interpretation of the Imperial
clause the Government, acting of course under the opinion of
their Attorney-General, must have acted in allowing the Pro-
vincial Acts cited by Mr. Mowat in his address to the Court.
The Dominion Parliament never claimed the power of preventing
the construction by a Province of a railway within its limits :
and when the Government desired to prevent the construction
of certain railways, as not consistent with the general advantage
of Canada, the Act passed for the purpose only declared that
such construction would not be sanctioned ; and this declaration
was acted upon by the exercise o' e power of disallowance.

The Eailway Act does not ibrbid such construction or
require such disallowance, and therefore does not re-establish
the monopoly you so justly denounce as inconsistent with good
faith and equity. Abiding by their consistent interpretation of
the Imperial provision, the Government was not bound to call
the attention of members to the possibility of a pretention on the
part of the C. P. E. Company, invalid in law, and which seems
only to have been raised for the sake of profitable delay. How
far the managers of the Company are justified in not having
called attention to the point when the Eailway Act was under
discussion, is for them to show. The Company, and not the
Government, is contesting the right of the Province to make a
railway declared to be for the general advantage of Canada.

Ottawa, 4th December, 1888.

Jesuits^ Estates Act

And on Saturday, the 22nd of December, the Supreme Court
unanimously declared its opinion, that the Manitoba Act is valid
and the railway constructed under it entitled to cross the C. P. }{.,
subject to the approval of the Eailway Committee, as provided
by the Railway Act.

Note. — The two letters appeared in the issues of the papers mentioned,
next after their respective dates, and the article from the Law Journal, in its
No. for 1st December, and they have therefore heen largely circulated
separately. The writer hopes that he may be pardoned for reprinting them
together for the perusal of some of his friends, now that the Supreme Court
has sanctioned the opinion they express, as to the true intent and effect of a
provision of the Constitutional Act affecting the statutory powers ot all the
Provinces and of the Dominion, respectively. W.

JESUITS' ESTATES ACT.

With reference to the articles in the Law Journal of the
15th February, 1889, the purport of which seems to be that the
Jesuits' Estates Act, passed by the Legislature of the Province
of Quebec, ought to have been disallowed, permit me modestly
to express my opinion that the Dominion Ministry could not
properly have advised its disallowance ; — not because it was
within the constitutional powers of the Quebec Legislature, for,
if that alone were a sufficient reason, the Veto power would be
useless, as an Act ultra vires would be ipso facto, null and void,
although not disallowed ; — but because, being perfectly within
the powers of the Legislature, it was passed without opposition
or remonstrance by any party, and is a fair and amicable
settlement of a long standing difficulty and the expression of the

Jesuits* Estates Act.

will of the people of the Proviijce. It does not violate the
principle of the separation of Church and State more than the
Clergy Eeserves Act : both authorize the sale of property given
for church purposes and education, and divide a certain propor-
tion of the proceeds of the sale among the parties who appear
justly entitled thereto, once for all, and so avoid any further
interference of the Government, which can neither add to nor
diminish the share assigned to each, and such share, in the case
before us, will be moderate enough, for it seems likely that the
principal sum, 8400,000, will be divided among several educa"
tional institutions, and the interest of each nhare, at four per
cent., will be a very modes! contribution towards the support
of an institution for superior education. The main objection
made to the grant is that it is made to the Jesuits ; but the Act
does not give them the whole or any definite part of it, but
allows the Pope to divide it among institutions, who must use it
within the Province, for the purposes mentioned within the
preamble; and from the latest reports it seems probable that
the Jesuits' share will not be exorbitant. The articles in question
treat the work done by the Order rather slightingly, but in
Canada at least, their work compares favorably with that done
by any other missionary body, and the martyr spirit in which
it has been done is denied by none. They have nhown them-
selves good teachers, and have several educational institutions
against w'ch I have heard of no complaint. St. Mary's College
at Montreal, was incorporated by Act of Parliament of United
Canada (Upper and Lower) in 1852, the corporators being the
Roman Catholic Bishop of Montreal and six members of the
Order; — it has I believe been very successful. Has any complaint
been made against it during the 37 years it has existed ? In
ISST the Jesuits were incorporated by the Quebec Act 50 Vic,
0. 28, whi< 1 was not disallowed^ nor was its allowance made a
matter of oproacb to the Dominion Ministry. — It has been ma49

Jesuits^ Estates Act.

a subject of reproach to the Jesuits and to the Pope, that he
suppressed them in ITBS and restored them in 1814; but may
not the Pope have been right in both cases, may not the Jesuits
have shown him that they had seen the error of the practices
by which they had offended, and reformed them? A hundred
years have made great changes in men's ideas of morality and
right. The Roman Catholic clergy do not now complain of the
Jesuits, though thoy did in 1763. They have the virtues of
obedience, self-denial, industry' and temperance. They opposed
the sale of intoxicating liquor to the Indians when the French
Governor for profits' sake allowed it. They are accused of
holding doctrines contrary to morality; but they deny the
charge, and challenge proof. Their constitution and rules were
printed in Latin and French at Paris in 1845, and there is a copy
in our Parliamentary Library — why is it not cited to justify the
accusation? They preach regularly in the church attached to
St. Mary's College at Montreal; — is their preaching complained
of? I am a Protestant and wish earnestly that all Jesuits and
Roman Catholics were of my persuasion; but I do not think
Pi-otestants alone are Christians. The vast majority of our fel-
low subjects in Quebec are Roman Catholics, and acknowledge
the Pope as the Head of their Church, and I do not think a
more faithful, devoted, or well beloved and respected body of
men can be found anywhere than the Roman Catholic clergy of
Lower Canada. Tennyt^on has written, —

" Love your ennemies, bless your haters," said the Greatest of the Great ;
"Christian love among the Churches seems the twin of heathen hate."

Ought not the members of every Christian church, while
obeying the commandment cited in the Laureate's first line, to
do their best to prove the bitter taunt 'n the second to be
undeserved ?

And as respects the article (questioning the constitutionality

Jesuits' Estates Act.

m 'i

of the said Act,-it does not seem to me that the English Acts
cited m It can apply to Canada, which when they were passed
was no part of the realm of England, and the inhabitants of
which are by subsequent Acts of the Imperial Parliament gua-
ranteed the free exercise of the Roman Catholic religion of
which the Pope is the head, and his supremacy as such part of
Its very essence. The later law derogates from and virtually
repeals any former provision contrary to it. The English laws
disqualifying Roman Catholics from holding certain offices were
never in force in Canada. The money appropriated belonged to
the Province, and is granted by its Legislature for the purposes
for which the property from which its arises was given by the
French King, and the Act of appropriation is sanctioned by the
assent of the Queen, who may, without impropriety, avail
herself, in dealing with it, of the advice and assistance of the
Head of the Church and of an ecclesiastical and educational
corporation, which, if not legally the same, is morally the repre-
sentative and successor of that to which the original grant was
made, and which, with the Pope, will be bound to use the money
in accordance with and solely by virtue of the powers given them
by the Act. I cannot see that any law is violated or anything
but right done by this provision.

NOTB.-The above article was written for the Law Jocbnai,, but the
March number was ready earlier than I expected and I was too lato, and -(id
not like to wait for the next number.

W.
Ottawa Citizen, 9th March 1889.

LES EXCOMMUNI^S.

THE EXCOMMUNICATED.

An Episode in the History of Canada.

AND

LE DRAPEAU ANGLAIS.

THE BEITISH FLAG.

Les Excommunies.

LES EXCOMMUNI6S.

Voyez-vous, sur le bord de ce cheinin bourbeux,
Get enclos en mine ou broutent les grands bceufs ?
Ici, cinq paysans— trois homraes et deux femmes—
Burent la sepulture ignoble des iniSmes !

Cette histoire est bien triste, et date de bien loin.

Coinrae un soldat mourant la carabine au poing,
Quebec etait tombe. Sans honte et sans mystere,
Un bourbon nous avait livres a I'Angleterre !

Ce fut un coup mortel, un long dechirement,
Quand ce peuple entcndit avec effarement,

— Lui qui tenait enfin la victoire supreme,

Par un nouvoau forfait souillant son diademe,
Le roi de France dire aux Saxons : Prenez-les !
Ma gloire n en a plus besoin ; qu'ils soient Anglais !

O Lorraine ! 6 Strasbourg I si belles et si grandes,
Vous, c'est le sort au moins qui vous fit allemandes !

Des bords du Saint-Laurent, scene de tant d'exploits,

On entendit alors soixante mille voix

Jeter au ciel ce cris d'amour et de souffrance :

—Eh bien, soit! nous serons frangais malgre la Prance!

Or chacun a tenu sa parole. Aujourd'hui,
Sur ce lfi,cho abandon plus de cent ans ont lui :
Et, sous le sceptre anglais, cette fiere phalange
Conserve encore aux yeux de tous. et sans melange,
^on culte pour la France, et son cacl^et s^cre,

The Excommunicated.

THE EXCOMMUNICATED.

In yon rough plot beside the muddy road,
Where on wild herbage heavy cattle browse,
Five peasants lie— two women and three men —
Whose burial rites were such as felons have.

The tale is sad and dates from long ago.

Like soldier dying with his arms in hand,
Quebec had fallen. Without disgnise or shame,
A Bourbon sold us to our English foes !

Mortal the blow and long the agony
Pelt when our people heard with wild dismay, —
—They who had gained the last great victory,—
The King of France — (soiling with new disgrace
His diadem)— say to the Saxon,— Take them I
My glory needs them not ; let them be English I

O Strasbourg I O Lorraine, so fair, so great,
'Twas fate at least that made you German land I

Along St. Lawrence, scene of gallant deeds.
The voice of sixty thousand souls was heard
Eaising to Heaven their cry of love and grief;
—So bo it ! We'll be French despite of France !

And each has kept his word. And now to day,
A century since this base abandonment,
And under English rule, this faithful band.
Still cherish openly and unalloyed,
^heir sacred loye for prance, and her impress,

Le8 Bxconimuniea.

H ■

Mais d'autres repoussant tout servage exdcre
Aprds avoir briile leur derniere cartouche,
Eenferrads desormais dans un orgueuil farouche,
Revokes impuissants, sans crainto et sans remord,
Voulurent, libres merae en face de la mort,
Emporter au tombea* leur dternelle haine...

En vain Ton invoqua I'autorit^ romaine ;

En vain, sous los regards de ces naifs croyants,

Le pretre deroula les tableaux effrayants

Des chatiments que Dieu garde pour les superbes;

En vain Ton epuisa les menaces acerbes ;

Menaces et sermons resterent sans succes !

-Non! disaient ces vaincus; nous sommes desFran^ais;

Et nul n'a le pouvoir de nous vendre a I'enchere !

La foudre un jour sur eux descendit de la chaire :
L'Eglise pour forcer ses enfants au devoir,
A regret avait du frapper sans s'emouvoir.

II n'on resta que cinq :

Ceux-la furent semblables,

Dans leur folic altiere, aux rocs inebranlables :
lis laisserent gronder la foudre sur leurs fronis,
Et malgre les frayeurs, et malgre les aflFronts,
Sublimes ^gares, dans leur sainte ignorance,
ISTe voulurent servir d'autre Dieu que la Prance !

La vieillesse arriva ; la mort vint a son tour.
Et, sans pretre. sans croix, dans un champ, au detour
D'une route fangeuse ou la brute se vautre,
ghac^ue reb^lle aUft dormir I'un apr^s I'autre,

!rhe Excommunicated.

But some who spurned all hateful servitude.—
When their last cartridge had been spent in vain.
Nursing their wrath in gloon^y, savage pride.
Impotent rebels, without fear or shame,—
Determined, free and in the face of death,
To carry to the grave their deathless hate.

And vainly was t' ^ power of Eome invoked;

And vainly in her simple followers' ears,

The priest read out the fearful catalogue

Of pains reserved by God for stubborn souls;

In vain exhausted all its awful threats ;

Nor threatenings nor sermons aught availed !

No! said the vanquished ! we are Frenchmen still

No man has power to set us up for sale !

At length the thunder from the pulpit came :
The Church to force her children to obey,
Struck with regret, but calmly resolute.

Five only braved the blow ;— but these resembled
In their proud folly, the unshaken rock ;
They let the thunder growl above their heads,
And in despite of insult and of fears
Sublimely mad, in holy ignorance,
Refused to bow to any God but France I
Old age crept on them,— death came in its turn,—
And without priest, or cross, in that rough plot.
Close by the muddy road, where cattle browse
These stubborn souls lay down in turn to sleep.

■M

Les Sxcommuni^s.

II n'en restait plus qu'un, nn vieillard tout cass^,
Une ombre! Plus dun quart de siecle avait pass^
Depiiis que sur son front pesait I'fipre anatheme.
Penche sur son baton branlant, la levre blemo,
Sur la route deserte on le voyait souvent,
A la brune, roder dans la pluie et le vent,
Comme un spectre. Parfois detournant les paupieres
Pour ne pas voir I'entant qui lui jetait des pierres,

II s'enfon^ait tout seul dans les ombres du soir,
Bt plus d'un affirmait avoir cru I'entrevoir —
— Les femmes du canton s'en signaient interdites —
Agenouilld la nuit sur les tombes maudites.

Un jour on I'y trouva roide et gel^,

Sa main
Avait laisse tomber sur le bord du chemin
Un vieux fusil rouille, son arme de naguere,
Son ami des grand jours, son corapagnon de guerre,
Son dernier camarade et son supreme espoir.

On creusa de nouveau dans le sol dur et noir ;

Et Ton mit c6te a cote en la fausse nouvelle,

Le vieux mousquet fran^ais avec le vieux rebelle I

Le peuple a conserve ce sombre souvenir.

Bt lorsque du couchant Tor commence a brunir,

Au village de Saint Michel de Bellechasse,
Le passant, attarde par la peche ou la chasse,
Oraignant de voir surgir quelquo fantome blanc.
Du fatal carrefour se d^tourne en tremblant.

Done, ces cinq paysans n'eurent pour sepulture
Qu'un tertre ou Tanimal vient cheroher sa pfiture I

The Excommunicated.

One yot remained, a broken down old man,
A shadow; five and twenty years had passed
Since on his head the anathema had fallen.
Bowed on nis trembling staff, with whited lip,
On the deserted road he oft was seen
At twili^'ht, wandering in the rain and storm,
Spectre-like,— turning oft his eyes away,
To shun the child that pelted him with stones,

He plunged alone into the shades of night.
And more than one affirmed to having seen him,
—The village women crossed themselves in fright-
Kneeling in darkness by the unblessed graves.

One day they found him frozen stiff; his hand
Had in its weakness on the road let fall
An ancient rusted gun,— his old-time weapon.
His friend in the brave days,— his war companion,
His latest comrade and his supreme hope.

They dug into the black and hardened soil,
And laid in that new grave, and side by side,
The old French musket and the old-time rebel.

The people cherish yet this sad remembrance;
And when the sunset gold fades into grey,
The passer through St. Michel de Bellechasse,
Belated at his sport with rod or gun.
Fearing to see some sheeted spectre rise.
Turns trembling from the fatal spot away.

So these five peasants had for burial place.
Five little mounds where cattle seek thei/ food I

'.I

Lea Excommuniea,

lis le m6ntaient,--80it I iVfais on dira partout
Qu'ils furent bel el bien cinq h^ros aprds tout !

Je reBpecte I'arret qui les frappa, sans douto;
Mais lorsque le hazard mo met sur cotte route
Sans demander a Dieu si j'ai tort en cela
Jo decouvre raon front devant ces tombes la !

Louis FaficHBTTB.

The Uxcointnunicated.

Dosorved it,— yo.s- perhaps! Yot n»en will sjiy
Thoy wore in truth five heroes after all I

I bow, no doubt, to the decree that ntruck them.
Yet, when by chance I pass along that road,
—Not asking God if I bo right or wrong—
I pause— uncovered— near those lowly graves!

G. W. WiCKSTElD.

This story is true. Dr. Frechette gives the names of the five, viz : Marguerite
Racine-Laurent Racine,- F^licitd Dord-Pierre Cadrain,-Jean Baptiste Racine
father of Laurent ;-ancl that of the Bishop of Quebec, who pronounced the
Anathema, — Monseigneur Briand.

t. ,

Le Draj)eau Angle Is.

LE DRAPEAU AG N LAIS.

Regarde, me disait mon pere,
Ce drapeau vaillammcnt porte;
II a fait ton pays proHpere,
Et respecte ta liberty.

C'est le drapeau de rAngleterre ;
Sans tache, sur le fi.'maraent,
Pre8<iu6 a tcus les points de la terro
II flotte glorieusement.

Oui, sur un huitieme du globe
C'est I'etondard officiel ;
Mais le coin d'azur qu'il d^robe
Nulle part n'obscurcit le ciel.

II brille sur tous les rivages ;
II a serad tous les progres
Au bout des mers les plus sauvages
Comme aux plus lointaines forets.

Laissant partout sa fiere empreinte,
Au plus foroces nations
II a port^ la flamme sainte
De nos civilisations.

Devant I'esprit humain en marche
Maint« fois son pli rayonna,
Comme la colombe de I'arche,
Ou comme I'^clair du Sina.

The British Flag.

IHE BRITISH FLAG-

Behold, my son, my father said.
That gallant banner bravely borne ;
It made thy countrj'^ prosperous,
And hath respected liberty.

That banner is the British Flag ;
Without a stain beneath the sky,
O'er almost every coign of earth
It floats unfurled triur .phantly.

Over an eighth part of the globe
It waves the ensign of command;
Covering a little patch of blue.
But nowhere dimming heaven's light.

It waves o'er every sea and shore ;
And carries progress where it flies; —
Beyond the farthest ocean's verge,
And to remotest forest lands.

Leaving on u\\ its proud impress,
To wildest tribes of savage men
It comes the harbinger of light
And civilizing arts of life.

And in the march of intellect,
How often hath it shown the way,
Like the dove loosed from out the ark,
Or Sinai's guiding column's glow.

Le Dra2}oau Anglais.

, Mi

Longtemps ce glorieux insigne
De notre gloiro fut jaloux,
ComniG s'il se tut cru seul digno
De marcher de pair avec nous.

Avec lui dans bien des batailles,
Sur tou8 les points de Tunivers,
Nous avons mesurd nos tailles
Avec des resuitats divertt^

Un jour, notre banniore auguste
Devant lui dut se repiior ;
Mais alors s'il nous fut injuste,
II a su le faireoublier.

Et si maintenantson pli vibre
A nos rempartsjadis gaulois,
Cost au moins sur un peuple libre
Qui n'a rien perdu de ses droits.

Oublions les jours de tempetes ;
Et mon enfant, puisque aujourd'hui
Ce drapeau flotte sur nos tetes,
II faut s'incliner devant lui.

— Mais, pere pardonnea si j'ose...
N'en est-il pas un autre a nous?
— Ah ! celui-la, c'est autre chose :
II faut le baiser a ^enoux I

Louis Pr*ohbttb.

The British Flag.

Of old that glorious flag with ours
A jealous rivalry maintained ;
Deeming itself the only peer
Of ours in the race for fame.

In many a famous battle then ;

In every quarter of the world,

With ours it measured strength with strength,-

Victor and vanquished each in turn.

One day our fleurs de lis were doomed
Before that rival flag to bow ;
But if it wrought us sorrow then,
It since has taught us to forget.

And if to-day it floats above

Those ramparts that were French of yore,

It waves above a people free,

And losing nothing of their rights.

Let us forget the stormy days ;
And since, my son, we have to-day
That banner waving o'er ours heads,
We must salute it reverently.

— But, father, — pardon if I dare: —

Is there not yet another, — ours ? —

— Ah ! that, — that's quite another thing ; —

And wo must kiss it on our knees.

G. W. WlOKSTRBD,

THE HISTORY OF CANADA.

By William Kinqspord.
Vol. 1. Toronto: Rowsell & Hutchinson 1887.

It is the natural and laudable desire of every man to know
what he can of the history of the land he lives in, and in the
volume mentioned in the heading to this article, Mr. Kingsford
undertakes to tell us the story of Canada under French rule,
from its earliest date to 1682. We understand that his intention
is to continue the work to the Union of Upper and Lower Canada
in 1841. so as to comprise the history of our country under
French rule, until the capitulation of the Marquis de Vaudreuil
in 1760, and its cession to Great Britain by the Treaty of Paris
in 1763; and thereafter under the Government of Great Britain
and of the United Kingdom of Great Britain and Ireland.

Mr. Kingsford's qualifications for the work he has under
taken are— the intense interest he takes in his subject, indefatig-
able industry, a peifect knowledge of the languages in which the
documents from which his information is derived are written,
and a familiarity with the archives of Canada, now under the
charge of Mr. Brymner, to whose ability and courtesy Mr.
Kingsford bears ..mple and deserved testimony in his work on
the archroology of Canada, — and above all a reputation and cha-
racter which justify our full faith in the assurance he gives in
his opening chapter : " That he will make every effort to be fair
and honest," and in his confident hope " that those with whom
he may have the misfortune to differ, will recognize that he has
consulted original authorities, and that whatever opinions he
expresses are not hastily or groundlossly formed j but that, oq

The History of Canada.

tho contrary, he has warrant for the belief that they are fuUy
sustained by evidence." With this assurance he enters upon the
story of the occupation and colonization of Canada, and shows
us that in Canada, as in the English colonies in North America,
the work was commenced, not by the Government, but by pri-
vate entrepriso moved by the spirit of adventure and the hope
of gain, aided after a while, in Canada, by the desire to extend
the influence jf the Church, and for the conversion of savage
nations to Christianity ; receiving later some official assistance by
the incorporation of a company with means and influence and
special powers of settlement and organization ; and lastly, by the
direct intervention of the Sovereign, and the assumption of the
government of the country by France as a Royal possession.
He then narrates in ordered sequence, the three voyages of Car-
tier to the St. Lawrence, and his ascent of that river to Montreal,
his attempt at settlement, and the suff'erings he and his crew
endured from the Canadian climate in winter, his discourage-
ment and return to France ; the twelve voyages of Champlain,
his discoveries and explorations of the great rivers and lakes, his
skilful diplomacy in treating and dealing with the Indians, and
finally his appointment as Governor-General of Canada; the con-
quest of Quebec by the English under Kirke, in 1629, its
occupation by them for three years, and its restoration to Prance
under the Treaty of St. Germain-en-Laye.

He then places vividly before the reader the great events
and actions of what Lord Lansdowne, on a late occasion at
Montreal, rightly styled the heroic age of Canada ; — the long,
fierce struggle with the Indians, then a numerous and most
formidable enemy ; — the attacks upon the French settlements
and posts by tribes coming often from very distant parts of the
country, as the Mohawks from the country still bearing their
name in Western New York ; and the counter expeditions of the
I'rench against thena to \\\q distant places, through tracts of

'he History of Canada.

r '

thickly wooded country, with only the Indian trail for guidance
and without horses or carriages, or in canoes over lakes and
rivers then recently discovered and but little known ; — their
explorations of theretofore unknown lakes and rivers, from the St.
Lawrence upward to Lake Superior, and of the country north of
it fo Hudson's Bay, and southward down the Illinois and Misis-
sippi to the Gulf of Mexico ; the hardships suffered in those daring
expeditions and explorations, and the courage and perseverance
displayed in overcoming them; — ihe victories and defeats,
successes and disappointments, incident to these Indian wars ; —
the various modes and forms of government tried by the ad-
venturers, by the Company of the Hundred Associates, or by the
Council appointed by the Crown or Governor ; the in*;roduction
of the Seigniorial system ; the contests of the ecclesiastical and
lay elements for supremacy, and especially on the burning
question of the prohibition of the sale of liquor to the Indians,
in which Froritenac and Bishop Laval took opposite sides, the
Governor being the winner: — and, in a word, the cares, labours,
trials and vicissitudes of fortune under which were laid the foun-
dations of the land we now live in, and in the narration whereof
Mr. Kingsford shows us " Quantse molis erat Ganadensem condere
gentera." He intersperses in his narrative incidents from the
history of Prance, and even of England, respecting religious
and political events, and throwing light on Canadian history,
and short sketches of the lives and characters of those who play
parts in his drama, and does full justice to the ability and firmness
of Frontenac, the indomitable courage and perseverance of Do
La Salle and his fellow pioneers in discovery, De Tonty, Duluth,
Jolliet and others ; the ability and religious zeal of Bishop Laval,
and the martyr spiiit of the EecoUets, Jesuits, and religious
ladies; — but his hero is Champlain, whom he calls the True
Founder of Canada, and whose character and deeds he paints in
blowing terms, Indeed^ we cannot ^ive our readers f\, better

The History of Canada.

idea of the spirit and style of Mr. Kingsford's book than by citing
the following excerpts from his character of Champlain which fol-
lows the narrative of his death, and the incidents immediately
preceding it:

"There are few men whose characteristics can be more
distinctly traced than those of Champlain ; there are few cha-
racters which more satisfactorily sustain the examination
bestowed on them. There is no moral leaven to weaken the
regard or esteem with which Champlain's character must be
considered. It is seldom that we become acquainted with a life
in which the pure, tranquil, constant advance of an individualism
can be so fully traced. . . . There is no character known
to us in the British or French history of the American continent
in modern dayp, which can advance higher claims to honourable
fame. If I were to make a comparison between Champlain and
any historic name which we possess, it would be with that of
Julius CsBsar, with whose excellencies and genius he bears strong
relationship unalloyed by those vices and that social deformity
which marked Roman life. Much of the brighter side of CiBsar's
character is repeated in that of Champlain ; his equanimity, his
liberal opinions, his triumphs over difficulties and misfortune,
his modesty and ability in relating his actions, his high-bred
stoicism. . . . Both cultivated the elevating and consoling
pursuits of literature. . . . Judged by his writings Cham-
plain comes before us with a rare modesty, and a careful obser-
vation of truth, so that Jiis statements obtain immediate
acceptance. A quiet humour runs through all he tells us. Ho
does not sacrifice reality to effect. . . . To him discovery
was not merely sailing up the waters of a river and never
penetrating beyond its shores. His genius was to advance to
distant localities, to learn the resources of a country, its cha-
racter, the extent of the population of tho native tribes, and to
study their manners and customs. He saw that the only means

The History of Canada.

l-S

if
■ s

of gaining this end was by identifying himself with the Indians,
with whom he entered into friendly relations. His discoveries
were remarkable : he made known from personal examination
the Ottawa, Lake Huron, Lake Ontario, the St. Lawrence which
he correctly describes, and Lake Champlain. He indeed traced
out the southern portion of the Province of Ontario, without
the precise minor details. . . . No statue, no monument
has been raised to Champlain's memory. No memorial exists to
teach the youth of the Dominion what excellence there is in a
noble, honest life, marked b}'^ devotion to duty, and an utter dis-
regard of self. Canada has shown no honour to his name. It
remained in modern days for Laval University to disseminate
the true perpetuation of his genius in the record of his life and
labours. It is a contribution never to pass away, and one by
which Laval has established an enduring claim to consideration
in the world-wide republic of letters. . . . Champlain's
name is imperishably written in the first and foremost pages of
his country's history ; it is the name of a man of genius, of pure
and untarnished honour, the True Founder of Canada. (See pp.
131 to 134./' A captious critic might object to the comparison of
Champlain to Julius CflBsar, and our substitution of Canadensem
for Momanam in Virgil's line, — but we must remember ihat,
although not invested with the Imperial purple, Champlain's
were

" Hands that the rod of Empire miRht have swsjed,"

; ?("!

and he would have made a better legislator than the monarch
whom he served. No French-Canadian can be dissatisfied with
the account the book gives of his ancestors, and no English-Cana-
dian can refuse to acknowledge the merits of his French precur-
sors. We trust both will like and patronize this work, and though
some mav differ from opinions expressed in it v^ith whicl^ otl^evs

The History of Canada.

may agree, none can charge it with wilful mi8tateraent or unfair
prejudice.

Mr. Kingsford's style is simple and clear. Some minor
slips of the pen or press may be found by keen-eyed critics, but
they can mislead no one. We think it would bo well if the
author had appended, or would append in a future volume, a
brief account of the several Indian tribes and the tracts of
country they inhabited, and of the religious orders which are
prominent in his narrative. But, take it all in all, no book yet
published in English seems to us to give so clear and detailed an
account of the period of French government in Canada as the
one before us ; and, believing as we do for the reasons we have
stated, that its statements oi' fact are correct, we hold it to be a
work which no student of Canadian history can afford to be
without. It is well got up and printed, and the dates inserted
at the head of each page of the events rocorded in it, much
acilitate its use.

KINGSFOED'S HISTORY OF CANADA— Vol. II.

Mr. Kingsford continues his important and laborious work,
and we have before us the second Volume of his " History of
Canada' The first contained the story of our country under
French rule, from the earliest date down to 16825; the present
volume continues is down to, 1725, embracing the events occur-
ring in the first administration of De Frontenac, those of De
la Barre and Denonville, the second administration of De Fron-
tenac and those of De Calliores and V&udrouil ; in the reigns of
Louis XIV and Louis XV of France, and of Charles I[, James
il, William and ^avy, William III, Anne and George I in
England ; a period fraught with most important events for
Plinada and the British Colonies in America, as well as to tl^e

The History of Canada.

mother countries of both : and very interesting he has made the
story he had to tell, and hns told in the 518 pages of the book,
and an appendix by which he elucidates the events he has
related.

It is impossible, in the limited space allowed us, to give
more than a very summary account of the scope of this important
work, and to mention some few of the matters as to which we
think it relates facts not generally known, or gives them with
fuller details, or places them in a new light. It continues the ac-
count of the dissentions in the council and the occurrences which
led to the recall of De Frontcnac, and the changes following
it until his re-appc-ntment as governor, and then deals with those
stormy times and events in (Janadaand the neighbouring colonies
during his second administration, the eifect of which still is,
and will be long deeply felt. The ancient feud between the
mother-countries was continued with increased intensity and
bitterncHS between New Prance and New England and the other
English settlements, and to the suffering and horrors attendant
on war in the older countries were added the atrocities of barba-
rism and savagery; for both sides employed the Indian, and war
was conducted after tlie Indian fashion — cruel, pitiless and
unsparing — by attacks generally in the dead of night, when
neither women nor children were spared, and when prisoners
were given up by Christian leaders, at the demand of their
savage allies, to Indian revenge and torture. Plans were laid
by each side for the destruction of the other ; by the English for
the conquest of Canada, and by the French for that of New York,
with intentions as to a mode of dealing with the conquered less
lenient than that adopted towards Canadians when they became
British subjects. Both plans came to naught.

A separate chapter is devoted to the history of Acadia during
the period to which the volume relates, and the war carried on
l^etween it and |^ew England, in which the Indian tribes of th'Q

The Iliatory of Canada.

Abenaquis and Cunabas were employed on the French side and
many attacks made on New England villages, including Cocheco
and Peraaquid, in which the spirit of Indian warfare was fully
developed, and murder, arson and pillage reigned supreme as
they did in the massacres at Schenectady and Lachine by the
Iroquois as allies of the English. Mr. Kingsford has partly
supplied a want we noticed in our account of his first volume
by a long note about the Iroquois, or Five Nations, and the
several tribes which comprised the Mohawks, Oneidas,
Onondagas, Cayugas and Senecas, and the tracls of country
occupied by them. These tribes generally took part with the
English. We think the note should have included the Algon-
quins, Abenaquis, and others who sided with the French.

The account given of the abortive attempt at the conquest
of Quebec by Phips in 1690, is very interesting, and the scene
between his party and De Prontenac, who was given, by the
New England Major, one hour to consider the surrender of the
Port and its stores, is very picturesque, and by no means to the
credit of the New Englanders. Phips was a brave man and an
excellent sailor, and found his way safely up the St. Lawrence
and out of it, but he had no skill as a soldier or a diplomatist
and his discomfiture and retreat show the impolicy of New York
in sending him. There is also a graphic and detailed narrative
of the unfortunate attempt to attack Quebec by the English
fleet under Admiral Hovenden Walker in 1*711, when by strange
want of seamanship and precaution, eight ships and nearly one
thousand men were lost at the entrance of the St. Lawrence
which Phips had passed with ease and safety.

The account of the tragic death of De la Salle is touching
and sad, and the summary of his adventures and discoveries very
interesting, as is that of his character as a man equal to pny
amount of adventurous daring, but deficient in that power of
winning and keeping respect and affection which ensures un-

The History of Canada.

hositatin^ obodionco and faithful sorvice, while ho hud u haughty
mannor which excited anger and dislike, unaer the influence of
which he was murdered by two of his own foUowerH. Mr. Kings-
ford states his belief as to the manner in which De la Salle's
movements and conduct were probably influenced by the
Spaniard Penatossa, and the expedition under his command.

A short extract from Charlevoix gives a pleasant descrip-
tion of life and society in Canada in 1720 as compared with that
in the English settlements, very prettily translated, and by no
moans unfavourable to our countrymen of that date, and still
less to our countrywomen of the same period.

The account of the death and character of De Frontonac are
graphic and fair, with " nothing extenuated nor aught set down
ill malice ''; our author defends him against the charges of extra-
vagant pretentions to power and the adoption of a policy for
private ends, of violence of temper, and of exaction of personal
consideration without true dignity; adding, that even if these
faults be conceded, he still stands forth the most prominent of
French Governors, and that the great stain on his name is the
ruthless character of the masacres which he authorized ; and of
this he says " His nature was genial and kindly, and the fault
may be attributed to the school in which he was reared, and
the maxim of war then recognized — that anything whatever that
caused disaster to an en r my was permissible.'' Our historian
calls him the " Second Fuinder of Canada," and winds up with
Charlevoix's epitaph : '* After all, New France owed to him all
she was at the time of his death, and the people soon perceived
the great void he had left behind him."

As an appendix, Mr. Kingsford has added a full and detailed
account of the negotiations and events which led to the Treaty
of Utrecht, which had so important effect upon the boundaries
of Canada and the then English Colonies, and the terms of which
he believes would have been much more favourable to England, if

The History of Canada.

the conduct of the latter years of the war to which it put an end
had been left to the Duke of Marlborough, of whom he wpeaks
in terms of the highest admiration, as a general and a man of
honour and unswerving fidelity to his country, and whom he
holds to have been removed by the sovereign from his command
under the influence of mean jealousy and intrigue, and defends
from all the charges which had been brought against him i
though he acknowledges his love of money to have been inor-
dinate. The chapter is interesting as an essay on a moot point
in English history, as well as in relation to Canada. The account
is not flattering to the courts and sovereigns engaged j— cor-
ruption was at least as flagrant then as now.

Mr. Kingsford has thus performed the promise he made
and given us a history of Canada during the time over which his
two volumes extend, which leaves little to be desired in extent
of scope or fulness of detail, ably, and, as we believe, conscien-
tiously written, with as much impartiality as human frailty
admits of, after a faithful and indefatigable examination of
trustworthy authorities.' His stylo is simple and clear, preferring
truth to rhetorical effect. He appears to have spared no pains
to think rightly, and to say inteligibly what he thinks. We can
say of this volume, as of the first,— No student of Canadian
history can afford to be without it.

KINGSPOEDS HISTOEY OF CAN ADA— Vol. III.

We have been favored with copy of the work of which the
title forms the heading of this article, and though our journal
is not a literary review, nor the work in question a legal essay
or report, it is one so deeply interesting to all Canadians, and to
lawyers certainly not less than others, as a record of ©vents
which have made Canada what it is, that we feel bound to call

] U'

The History of Canada.

:.: :M

the attention of our readers to it, and to give audi brief account
of it as wo did o^ the two volumes which preceded it.

We were at first rather dissappointed to find that this
volume does not bring the history down to the conquest; but
Mr. Kingsford in his brief and modest preface, explains that he
not only found it impossible to fulfil his intention of bringing it
down to that period, but also, that although the capture of
Quebec might be virtually considered the termination of French
rule in Canada, yet tht events between that capture and the
final cession of the country under the treaty of Paris, in Febru-
ary, 1*763, formed so important a part of its history that
his work could not have been considered complete unless it
included them, and that an account of these events and those
prior to the conquest and not included in the present volume,
would of themselves fill a fourth, on which he is now occupied,
and which he hopes to publish in September, 1890. Among the
events so referred to are — Levis' attack on Quebec, with Murray's
defeat in May and the capitulation of Montreal in September
1160. followed in 1763 by the treaty of Paris ; while among the
subjects indispensable to the completion of his work and included
with others in the present volume are — the history of Hudson's
Bay up to its cession under the treaty of Utrecht ; a summary
account of the settlement of Louisiana in its relationship to
Canada; and the events in Acadia after its cession under the
treaty of Utrecht, including the creation of the Province of Nova
Scotia, and the foundation of the city of Halifax; the capture
and subsequent restoration of Louisburg; the capture of Port
Eoyal (now Annapolis) ; the fruitless expedition of the Duo
d'Anville ; the sufferings and surprise ot the New England troops
by Coulon de Villiers in Acadia, Dc!a Verendrye's explorations;
the character of de la Galissomidre ; dy Celeron's expedition up
the Ohio ; the founding of Ogdensburg, by Picquet ; the charae
tar and intrigues of LeLoutre ; the Marquis Duquesne's expedition

^he History of Canada.

tolheOhio; Braddock'8 expedition against Fort Duquesne, his
defeat and death ; Dieskau's expedition on the west side of Lake
Champlam ; the extraordinary ecclesiastical quarrel at Quebec
m 1727; the state of Canada and Canadian society in 1755-6.

This volume contains 578 pages, divided into 5 books, each
again divided into chapters. It is very handsomely and clearly
printed the type and paper are good; and it is altogether -ot
up in the best modern style. It has a very full table of contends •
four small but very useful maps; many explanatory notes, and
full references to the authorities for statements of fact and in
many cases, citations of important passages from documents
referred to. There is no verbal index to persons and events, but
Mr Kingfiford promises that a very full one shall be given
with the fourth volume, to it and the three preceding it His
style IS clear without attempts at oratorical flourishon and
otiects; and we hold with respect to this volume, the same con-
viction oi the author's conscientious fidelity, care and labour in
collecting and verifying the facts he relates, the impartiality of
the inferences he draws from them, and his characterizations of
the personages whose acts ho records, which we have expressed
as to the preceding volumes; and as an instance of his fairness
we give his character of Rasle a Jesuit of the Jesuits, a body
for whom Mr. Kingsford has as little love as we have :-■

"In spite of Rasle's persevering hostility to New England
and his never ceasing attempts to embroil J^Jngland and France
in war, for a small extent of border territory which even to-dav
IS but imperfectly settled, he demands our sympathy from the
high qualities he possessed. Had he been placed in a wider field
of action where his energy could have been exercised, and bv
experience and contact with the world he could have learned
to overcome his prejudices, he might have been remembered in
history by the side of Richelieu, Mazarin or Alberoni. Great pow-
ers always command respect, especially when allied with those

irhe itistory of Carwda^

brilliant traits of character which impress us by their physical,
rather than by their moral force. To Easle's high ability he added
unfaltering courage and self-reliance ; and it was by no means in
disaccord with his character that he refused to give or take
quarter. In his young years he had been an earnest student
of polite literature. At the Jesuit's College he had been distin-
guished by great application, and was an elegant Latin
scholar ; and throughout his life, though he had been a mission-
ary for many years living with savages, he retained these
tastes. He had obtained a perfect knowledge of Abenaki, and
had attempted to give it some grammatical form. He had taught
several of his people to read and write, and he delight<^d ,^ cor-
respond in their own languages with them. He is sf m ,*ju to
have written Indian poetry. He knew the Dutch language to
speak it; English only imperfectly. He had a hatred of eveiy-
thing English, the people, their language, their protestantism,
their mode of life ; and accordingly his manners were often
offensive. There was no deceit on his part in his enmity, it was
openly expressed ; and Easle by the side of ruflSan like Le Lou-
tre appears a saint."

The covert designs intended by the French to be ac-
complished through the Indians, and Hasle's intrigues for that
purpose, are narrated at length.

Mr. Kingsford is English, and of course wishes to give the
English view of some matters upon which he thinks existinj
histories have created erroneous impressions, and the first two
chapters of this volume are devoted to a defence of the English
claim to the discovery and right of possession of Hudson's Bay.
He says, and appears to us to prove, that nothing can be more
clear than the English claim to the discovery of and settlement
on these northern waters; the northern part of America being
discovered in 1497, by Sebastian Cabot, under a commission from
Henry VII, and Hudson having in 1610, by authority of James I,

!rhe History of Canada.

taken possession of the bay and straits that bear his name : and he
then cites his authorities and states at length his reasons foi- the
opinion he expresses.

Another and more important matter, since it aflfects
England's reputation for justice and humanity, is the account he
gives of the deportation of the inhabitants of a certain portion
of Acadia, in 1*755, on which the American poet, Longfellow, has
founded his pathetic and beautiful poem, Evangeline, which
does not directly reproach the English authorities with harshness
or cruelty, but yet leaves the impresbion that the proceeding
which was aided by the New England colonists, and cannot have
been disapproved by them, had something of cruelty and tyranny
in it. In England it was looked upon as an act of painful neces-
sity, a duty unwillingly undertaken, and performed with as
much care to prevent unnecessary suffering as possible. Families
were not separated, and were allowed to carry with them all
their portable effects for which room could be found in the
vessels which carried them. They had brought the suffering
upon themselves. For forty years, says Mr. Kingsford, the
country had belonged to England, and all its inhabitants over
forty years of age had been born British subjects. They had
been repeatedly asked to take the oeth of allegiance, and had
refused, sometimes with insolence, and on every possible occasion
joined the French and Indians in their savage attacks on the
English colonists and their property. Every Acadian was a spy
to give intelligence to the enemy, and their removal was a
painful but unavoidable act of self-defence. We request any
doubting reader to peruse Mr. Kingsford's statement of the case
in chapter VI of Book VIII.

The time covered by this volume, extends from 172G to 1756,
and embraces the administration of the several Governors of
Canada during that period, viz. — Le Marquis Beauharnois, Le
Marquis de la Jouquiero, Le Marquis Duquesne, and Le Marquis

! j

The History of Canada.

'■U-

de Vaudreuil, and portions of the reigns of Louis XIV, and
Louis XV, in France, and George I, and George II, in England.
It is impossible in the limited space allowed us to give
any idea of the amount of information and detail in the volume
before us, containing as it does a very full account of a most
important part of the struggle between France and England for
the possession of the northern part of America. The period
embraced has been called the heroic age of Canada, and it was
so as regards daring, hardihood and adventurous spirit, but it
was not the age of Chivalry, or generous rivalry in arms, but
that of " savage, unrelenting, murderous war," between two na.
tions who had been rivals from the time of the battles of Hastings,
Cressy and Agincourt, adopting as allies the Indian savage, and
forced by such alliance into permitting, if not adopting, all the
abominations of Indian warfare. The book before us is crowded
with details of such warfare; midnight attacks on villages, the
murder of their inhabitants and destruction of their property,
the carrying off of women and children into life slavery, and
the torture of prisoners, sometimes with the consent of Chris-
tian allies, and sometimes in spite of them. The attack and
destruction of Deerfield, and the reprisal on Norridgewock
being specimens of the manner in which the contest between
two great Christian peoples was conducted in America. Mr.
Kingsford believes, and we are most willing to believe with
him, that the worst things were not done on the English side,
but there were Indians on both sides, and the Christian victors
were sometimes forced to shut their eyes while their allies
indulged in the pleasure of bui ning a few captives. This was
called la petite guerre. Up to the time when the narrative closes,
the fortunes of the French seem to be in the ascendant ; they had
destroyed Oswego, defeated Braddock, and extended their hold-
ings on Lakes Champlain and Ontario, and the Ohio, and had
gone down thu Mississipi to New Orleans, round the English

The History of Canada.

Colonies; their reinforcements from France, their despotic form
of government and the military character of their people giving
them a decided advantage over the democratic and seperate
governments and the mercantile and agricultural habits of the
English colonists ; so that but for the coming into power of the
first Pitt, and his energetic policy and action, they might possibly
have carried into effect their cherished idea of driving the
English into the sea, or at any rate of confining them to the
Atlantic seaboard. But Pitt came to the helm of state, and
sent Wolfe, and roused the latent energies of the English colo-
nists, and it was not long before the aspect of affairs was changed,
and Canada became an English Province.

G. w. w.

COMMERCIAL UNION,

Editor of The Citizen.

Sir, — Mr. Chamberlain's answers to his interviewers on the
subject of Commercial Union and Unrestricted Keciprocity are
so perfectly clear and so exactly cofirmatory of what you and
your correspondents have said about them that I cannot help
congratulating you on the fact ; and they are so wise and convin-
cing that I think Canada may feel sure that her interests and
honour are safe in Mr. Chamberlain's hands. He holds
Commercial Union to be a surrender of the power of taxing
ourselves into the hands of the United States, and so ceasing to
be an independent country, which would imply the giving up all
claim to become a nation ; and Unrestricted Eeciprocity to be an
impracticable scheme, leaving the Custom Houses along th«

■ i

Commercial Union.

- si's
-■ rt-1

3,000 miles of border line, with the difficulty of ascertaining the
origin of every article of commerce passing them, which was
found insuperable in England. I wish the supporters of either
of the two " fads " joy of Mr. Chamberlain's opinion of their
bantlings.

It has been said that the Americans object mainly to what
they consider the harsh and unneignbourly provisions of the
treaty of 1818, denying their fishing vessels the right of entering
Canadian ports for commercial purposes ; and it does seem to one
not cognizant of the intentions or motives of the framers of the
treaty, that the said provisions must have been inserted soleh'
for ihe purpose of preventing such vessels from entering upon
and fishing clandestinely within the three-mile limit, for neither
their buying and selling, or exchanging cargoes, or forwarding
them over Canadian railways, could be injurious or indeed
otherwise than advantageous in themselves to Canadian interests.
Our neighbours say they do not want to fish within the three-
mile limit, and if the obnoxious provisions were really only
intended to prevent them doing so, would not they themselves
help to prevent such unlawful fishing, and instruct their cruisers
to assist ours in this duty and so remove these objectionable
provisions? Oar neighbours only ask that we should do by
them what they say they are ready to do by us ; cannot means
be found to avoid what seems to hurt and annoy them without
doing us any good ? or if it does us any good Uncle Sam might
make some little concession in return for its removal. The
headland difficulty might be easily settled by the commissioners,
or if not, by arbitration ; and so also the Bohring Sea difficulty,
where it would seem the harsh dealing has not been on our side.
Where there is a will there will be found a way, and on both
sides justice only can be desired. " Blessed are the peace-
makers." Some are unwise enough to think that Comhiercial
Union would settle the fisheries difficulty. It would ^ive us

Mr. Kittys Resolution.

free trade in fish ; it would not give them our in-shore fisheries,
or take away our exclusive right in them. Annexation might,
and that would be granted if the two Houses of our Parliament
asked it, and they would ask it if Canada wanted it— but Canada
does not.

Ottawa, December 2'7th, 1887.

MR. HITT'S RESOLUTION.

Editor of The Citizen.

Sib,— Mr. Hilt in offering us Commercial Union is kind
enough to say that Canada should be consulted in arranging any
tariff intended to be common to her and the United States; and
as such consultation could only be made effective by giving us a
vote in the arrangement, this concession is an admission that
representation must accompany taxation. If the United States
Legislature is to tax us, we must be represented in it as to such
taxation ; and though, as Mr. Hitt says, sixty millions must of
course control five, a vote of one-twelfh is better than no vote at
all, and may even have very considerable effect in a body by no
means unanimous on tariff questions. And our right must
extend not only as to the tariff itself (including excise or internal
revenue), but as to all enactments relating to or affecting it, or
the officers, courts and authorities by whom it is to be carried
into effect, the laws affecting it administered, and the revenue
collected, accounted for and divided. And as it cannot be supposed
tliat such tariff ^nd lav^s ar^ n^ver to b^ altered, Canada must ip

Mr. nitt*8 Resolution.

like manner have a vote in any such alterations. The re-
presentation or number of votes for these purposes, should be
regulated, as in the United States, by population in the Lower
House and by provinces in the Senate. Our representatives
would, of course, only vote upon the matters aforesaid ; but as
debates on such matters may come on at any time, they must
always be on hand and ready. The arrangement must be for all
time, for it would never do to have to discontinue it, and to re-
establish the old laws and custom-houses along the boundary
line, from time to time. Would the United States agree toth's?
And if they would, how must the agreement be made? Canada
has not treaty-making powers, for the plain reason that England
could not be bound to enforce treaty conditions made without
her approval and assent; nor would she be likely to assent to a
treaty to last forever, and we have seen that a temporary arran-
gement would not answer the purpose. The matter would
clearly be one difficult to manage; but probably, if Lord Salis-
bury, the President and Sir John agreed upon it, the thing might
be done. Mr. Hitt has, perhaps, considered the little difficulties
in the way, and sees his way through them : if so I should like
to see his moc?w» operandi; for it seeni^ to me that Commercial
Union, instead of merely leading to Annexation, isjhe thing
itself, and must rather be preceded by, than follow it.

Unrestricted Reciprocity would not be quite so hard to work
out ; but hard enough if it is to extend to all productions or
manufactures of either country. It would not remove the Cus-
tom houses along the boundary line, for there would remain the
difficulty of proving the place of production. Mr. Chamberlain
when here, stated the difficulty the question of origin had
occasioned in England ; and I have read lately thdt a Sheffield
cutler complained not of the competition of foreigners as to the
goods made by them, but of their marking them as made in
Sheffield. I believe it is intended that articles subject to duties of

Mt. Hitt's Resolution.

of excise or internal revenue must be excepted. No one disputes
the desirability of the freest and most amicable intercourse with
our cousins south of us, and the removal of every check to trade
with them; but we cannot help considering the cost at which
this is to be done.

Whatever objections there may be to permanent protection
we cannot break faith with those whom we have induced to
establish manufactories which cannot yet compete with for-
eigners, though we may hope they will be able in time to do so-
And can we afford to abandon the revenue from duties on Ameri-
can manufactures? Our Treasury is not overflewing, and our
people rather object to direct taxation. True we have some
among us who favour Mr. George's scheme, and would make the
land holders pay for all ; but the plan is not generally liked,
though is it favoured in tneory by eminent political economists,
as to " unearned increment," or increased value of real property
not produced by the labour or capital of the owners. There is
difficulty in applying the theory to improved pr. erty. A feas-
ible plan by its supporters, say in Ottawa, would be very useful;
there is a very large amount of " unearned increment " in this
city, and some even in the two hundred feet along the canal,
now in dispute in the Exchequer Court, which, if it should
give the land to the claimant, might, perhaps, subject it to the
repayment of the said " increment." The Court might say some-
thing on this point obiter.

Ottawa, 6th Jan. 1890.

Power of Disallotuance,

POWER OF DISALLOWANCE.

■4

To the Editor of 1^11^ Canada Law Journal :

Dear Sir, — In what you say in your last number of the great
usefulness and value of Br. Bourinot's lectures I perfectly agree ;
they well deserve to be made a text-book on the subject to which
they relate, and ought to be in the hands of every student of the
profession of the law, and, indeed, of every citizen who wishes
to know his rights and duties as such ; and the admitted lawyer
will find it worth while to have them at hand for reference.
They state very clearly the constitutional law on non-doubtful
points, and on doubtful ones they offer comments and suggestions
wisely and lucidly thought out, and aidful towards their solution.
I can hardly think you right in supposing that Dr. Bourinot
favours the doctrine that the power of disallowance of Provincial
Acts should be exercised only in cases where the powers of the
Provincial Legislature are exceeded, though I agree with him
that the power in question should be exercised with the utmost
caution and regard for Pi-ovincial rights. I observed in a late
number of The Week something like the doctrine to which you
suppose Dr. Bourinot leans, but adopting it rather more decidedly
than you suppose the Doctor to do, and, indeed maintaining that
disallowance should never be resorted to except when the disal-
lowed Act is extra vires; and in some other papers I have seen a
like opinion expressed, accompanied with an intimation that our
Premier had adopted it. I do not think this doctrine correct ,
and I think Sir John repudiated it in his speech at the laying of
the corner stone of a Methodist church, and said, as a writer of
the article in your journal does, and as I humbly follow them in
believing, that the power of disallowance was intended to be
exercised whenever tl^e Provincial Act contained any proviuioq

Power of Disallowance,

inconsistent with the safety, honour or welfare of the Dominion ;
as, for instance, repudiation of a Provincial obligation or contract,
or any provision inconsistent with justice or morality. To
confine the exercise of this power to cases where the Act is extra
vires would make it superfluous and useless, for the Act would
be void to all intents and purposes, and might be so declared by
any court before which its illegality should be pleaded, at any
time after its passing, and although it should have been sa!:c-
tioned without objection. It might, of course, be disallowed,
and its disallowance desirable to avoid doubt, delay and litigation ;
but the intent of the disallowance provision in the constitutional
Act was not merely to stop the unlawful assumption of power by
the Provinces, which the courts could do, but to prevent the
abuse of the powers vested in them but exercised to the detriment
of the Dominion. I think this power of disallowance is rightly
vested in the Governor, acting by and with the advice of an
Executive Council under the virtual control of the Dominion
Parliament in which all the Provinces are represented, rather
than in any court, which could only have determined the legality
of an Act questioned, and not its policy and effect on the Dominion
generally. Vested as it now is, I hold the power of disallowance
to be useful, and indispensable to the conservation and welfare
of the Dominion.

16th Nov., 1889.

DISALLOWANCE QUESTION.

Editor of The Citizen.

Sir.— On Saturday night last there was triumph on one side
and wailing on the other over the result of the election of a
men^ber of the Pon^inion Parliament; but qow there is triumph

i
1

DiaMowance Question.

on both sides in the victory of patriotism over party spirit, on
Tuesday, when Mr. Blake moved in the House of Commons a re-
solution for enablinfir the Government to obtain in the best pos-
sible manner, a reasoned advisory; opinion on legal points in cases
respecting the disallowance of Provincial Acts, or appeals in
cases touching Provincial enactments on educational matters ;
and Sir John Macdonald cordially accepted the suggestion, sub-
ject to the condition that when such opinion assumed the shape
of a decision, there should be an appeal to the Judicial Commit-
tee of H. M.'s Privy Council ; and the motion so conditioned was
unanimously accepted by the House. Both parties now agree
that the mere fact that a Provincial Act is intra vires is not a
reason that it should necessarily be allowed, but that the power
of disallowance was intended to be and ought to be exercised
whenever the Provincial Act is inconsistent with the sa^ ', ho-
nour and interests of the Dominion ; and that to m 'n a
contrary opinion is to make the Imperial provision superfluous
and useless, as a Provincial Act ultta vires would be null and
void, and might be so declared at any time by any court before
which such nullity was pleaded. It might, however, be desira-
ble to prevent by disallowance the anxiety, trouble and perhaps
ruin, it might occasion to many if such Act were allowed to be
supposed in force until formally declared null. There is now a
provision enabling the Government to obtain the opinion of the
Supreme Court in certain cases, but Mr. Blake wishes his tribu-
nal to have the fullest powers for obtaining evidence and hearing
arguments, as well on matters of fact as on points of law, and spe-
cial enactments will be necessary for this purpose, including the
appeal to the Judicial Committee of Her Majesty's Privy Council.
No decision under the proposed arrangement would destroy or
impair the power of disallowance, but as such decision might
influence the question of the exercise of that power or the subs-
e(juent action of the Provincial I^egislature, or of the Goyernor-

I)i8allowance Questimt,

in-Council in educational cases, and judges will not be hurried
it might be desirable to obtain an extension of the period now
fixed for disallowance. There would be no difficulty in obtain-
ing it; there was none in obtaining the Special Imperial Act
for permitting representation of the North-West Territories in
the Dominion Parliament. The matter is now in the hands of
the leaders of our two parties, and will bo well cared for; and
the country may be congratulated on having an opposition able
to propose so useful a measure and a Ministry wise enough to
accept and perfect it.

Ottawa, May Ist 1890. W.

To the Editor o/*The Canada Law Journal :

Dear Sir, — I like your last number much, and I was pleased
to see that you had taken that very singular article from Pump
Court about lithographed signatures, where the judges say that
the subject is one upon which no two men could differ — and yet
they all differ, the one from the other. The "glorious uncertain!- w
ty" stands out in bold relief- and what a nice amount of costs might
have been incurred if two rich litigants had been the parties in-
terested I It has often struck me that the great facility of appeal
from court to court, and the possibility, or even probability, of
one winning his case and losing it ultimately, amounts almost to
a denial of justice. Especially is this the case when we consider
that, after having been encouraged to believe that he is right by
judge after judge, a suitor of moderate means may be ruined by
his first success, and through reliance on the judges appointed
and well paid, by Government to decide his case. I would sug-
gest that the Government be compelled to pay the costs incur-
red by the mistake or negligence of the judges whose decisions

4fi

PiaaUoiOance Quesiion.

were reversed on appeal to the court of last resort. The judges
might not like it, but it would certainly make them more care-
ful. If I employ a professional man, and by his want of skill
or diligence about the work which he is employed to do I suffer
damage, he must idemnify me. I employed him relying on the
maxim ^^ cuique in arte 8tta perito credendum eat,^' and he turns
out not to be sufficiently peritus. The public who pay the judges
do so believing them to be peritissimi. Where is the fallacy ?

We have the new Banking Act at last. I hope you will
procure a copy, and tell us what you think of it. I, for my
part, do not quite like the idea of the good banks guaranteeing
the notes of the weaker ones, who might be tempted to issue by
this provision — but nous verrons. There, I have sinned by wri-
ting you officially in French (to you, a champion of Equal
Eights !). Pardonnez, Monsieur. By the way, do you exchan-
ge with the Canada Frangais Review ? The last number contains
a statement of the amount of Peter's Pence for last year, viz.,
8600,000, which, at one soul for each penny, would make sixty
million souls: a goodly number to make into good Presbyteri-
ans, or Methodists, not to say Churchmen. I wish we could so
manage it. The Review is under the supervision of the Profes-
sors of Laval, and is well written.

You will remember that in a little book I printed for pri-
vate circulation only among my friends, and of which I gave
you a copy, I made the following remarks about certain violati-
ons of the Act of 188*7, amending that respecting the Indepen-
dence of Parliament: "Many members have since resigned
under its provisions, and almost all of them have been re elected.
The Act says nothing about profits (if any) obtained by the vio-
lation of the law, leaving the question open, as a matter of cons-
cience, on which honourable members could scarcely have any
doubt. Hamlet's uncle had a very strong opinion on the
point : —

I)i8altowance Question

Then I'll look up,—

My fauli; is past— But oh, what form of prayer

Can serve my turn : — Forgive me my foul murder,—

That cannot be, since still I am possessed

Of those eflfects for which I did the murder,

My Crown, mine own ambition, and my Queen :

May one be pardoned and retain the offence?'

— ^Hamlet, Act 3, see. 3."

I should like to know how far you think the cases referred
to in the said note are like one now under the consideration of the
Election Committee of our House of Commons, and what in that
case, if the alleged offence should be found to have been commit-
ted, would be the effect of such finding as regards profits the
offenders made by such offence.

Ottawa, 27th March, 1890. "W.

[We publish with pleasure the foregoing letter from an old
subscriber to this journal and an esteemed contributor to its co-
lums. It was not written for publication, but we think it may
be of interest to our readers. We spare no pains in making the
Journal useful and interesting to our patrons, and we are plea-
sed that our number for March 17 is approved by so competent
e critic and judge as our Ottawa correspondent, laudatua a lau-
dato.— Ed. 0. ]j. J.]

;lf

DOMINION LEGISLATION OF THE
SESSION OF 1890.

To the Editor of The Canada Law Journal :

Sir, — Allow me to congratulate the Journal, its readers, and
the country, on the close of what His Excellency calls " a some-
what protracted session," and on his being able to thank our
representatives for the diligence with which they have applied
themselves to their important duties, and his general approval
of the 109 Acts they have passed. The speech and the list of
Acts you have already in the official Gazette, and I hope in a day
or two to send you the list with the Acts chaptered as they will
be in the Statutes, and I trust you and your readers will find no
reason to dissent from His Excellency's opinion of their value.
The Bank Act would, in the opinion of many, have been
improved by the omission of the provision making the
. several institutions quasi indorsers of each other's notes, in order
that all may pass currently in every part of the Dominion ; to
these dissenters it seems that it would have been better to make
every bank have its agent for redeeming its notes in every
Province, and letting them be current or not according to the
standing ot the bank in the estimation of the public. Everyone
is pleased that the Government abandoned the idea of confisca-
ting unclaimed dividends, and has adopted the English plan of
giving public information respecting them.- The amendments
to the Criminal Law are undoubtedly improvements : — perhaps it
would have been well if they had included some provision for the
prevention and punishment of iooo^^m^', but Mr. P'ake's promised
Bill for better securing the independence of Parliament, with
which that interesting offence has been shown to be closely

Dominion Legislation of the Session of 1890.

connected, will deal with it: and of this hereinafter. Of the
martyred innocents it is unnecessary to speak, their merits and
the loss the country sustains by their slaughter are recorded in
our Canadian Hansard, in the eloquent words of their respect-
ive parents and if they deserved a better fate they will attain
It in a future session, and emerge from the chrysalis state of
Bills into the perfect state of Acts. I regret the fate of one little
one for the legalization of standard time, which we have been
using throughout the Dominion for years with great convenience,
but illegally opening and closing polls, offices, banks, and
sittings of legislatures, at Quebec, Montreal, Toronto, and all
places in the Provinces of Quebac and Ontario by VOrigncd time
varying in many places from half an hour to nearly an hour
from the solar time required by law. This Bill was brought
into the Senate by Mr. Maclnness, on the suggestion of Mr
Fleming, who had distinguished himself at the Washington
conference in 1884, for establishing a prime meridian for the
reckoning of longitude, and of time as depending on it, and
which agreed upon that of the observatory at Greenwich. But
Mr. Maclnnes moved too late in the session, and we are to go on
illegally for another year before we follow the example set us by
the Imperial Parliament in 1880, by the Act 43-44 Vict., c 9
doing for England and Ireland what Mr. Maclnnes wants us to
do for Canada. It seems now, that something may be done by
Congress for the United States, which has hitherto been proven-
ted by a supposed difficulty as to State and Congress jurisdiction.
If Congress takes the matter up we may perhaps follow • I
would rather we had led. '

Our session was stormy as well as long, the " Outs " accusing
the "Ins "of all sorts of wickedness, legislative and otherwise
and the "Ins" retorting, as of old, ^Huquoque^'; each calling
the other very ugly names, and receiving the same answer,
" you're another, " supposed to be a quite sufficient and unan'

Dominion Legislation of the Session of 1890.

swerable reply. But we had, as you know, two first-class scandals,
of which General Middleton and Mr. Eykert were the central
figures. In the General's case everyone grieves that a nnan so
much respected and liked, and to whom our country is indebted,
and has acknowledged its indebtedness, for most excellent
service in the North- West, did not, when convinced of his mis-
take in declaring certain furs confiscated^ and acting as if he
were the Fisc and had a right to divide them between himself
and his friends, say at once, as we are told and are willing to
believe he has since done, that he was ready to pay the sum
which the commitee had reported as the value of the furs and
recommended that Bremner should be paid for them. In spite
of Mr. Blake's clear exposition of the rules of the British service,
I cannot believe that the General knowingly intended to do
wrong. Mr. Rykert's case admits of no excuse. Elected as a
member ot that branch of Parliament especially entrusted with
the care of the property and pecuniary interests of the people,
and paid for his services as such, he, by means which a select
commitee of his fellow-members has formally declared to be
" discreditable, corrupt and scandalous," and by misusing the
faith which from his position members of the Ministry and
public officers under them placed in him, is reported to have
obtained from the Government for ^500 a grant of timber limits
which is said to have produced $200,000 to him or the party for
whom he obtained them, and from whom he says he received
3,000 for thirty days during which he was using the means
aforesaid for procuring them. Mr. Rykert. having resigned as
a member of the Commons, is appealing to his former consti-
tuents for re-election ; but would the House, after declaring his
conduct to be discreditable, corrupt and scandalous, allow him
to sit ad one of its members, remembering the old adage as to
similarity of plumage ? Mr. Macdougail defended him very
cleverly, but the defence was only a demurrer to the jurisdiction

Dominion Legislation of the Session of 1890.

of the House, not a plea to the merits or an assertion of the
morality of his client's conduct. And if the Attorney-General
(Sir John Thompson) had, as some assert, previously prepared
or agreed to a report favourable to Mr. Eykert, it must have
been of the same nature as M. Macdougall's defence, and not an
approval of what Mr. R. did. As to the question whether an
offender tan lawfully retain effects obtained by his offence, and
whether the law affords means of compelling him to give them
up, the answer on moral grounds is pretty clearly given in one
of jour late numbers, by Hamlet's uncle, that he cannot lawfully
retain them ; and the said uncle says further: —

"In the corrupted currents of this world,
Offence's g:Ided hand may shove by justice ;
And oft 'tis seen the wicked prize itself
Buys out the law. But 'tis not so above-
There is no shuffing there."

In the case before us is there no way of obtaining the rescis-
sion of the grant by which $200,000 worth of property are said
to have been obtained for $500 ? Is there no mistake as to the
property, no concealment of knowledge of its value by the gran-
tee, no fraud which vitiates everything ? The Roman law held
lesion to the extent of half the value to be sufficient, and though
our modern law, founded more on trading principles, does not
go so far, I think it still says that Very gross*in adequacy may
afford evidence of the existence of fraud. Is 8200,000 obtained
in the manner reported by the committee for $500 sufficiently
gross inadequacy ? If English law affords no remedy in such a
case, or it exists and our lawyers cannot find it, so much the
worse for the law and lawyers, and Mr. Blake's purifying Bill
is the more urgently necessary. I think if a like case had been
referred by Hamlet's father to his Lord Chancellor, or whoever
might there be the proper authority, and he had reported no
remedy, Kin^ Hamlet would have thought and said there was

Curiosities of Measurement.

<' something rotten in the State of Denmark," which must and
should be cured.

June 1890.

CURIOSITIES OF MEASUREMENT.

■i

: II

/ i\

In our last number we inserted a very interesting engraving
of the Eiffel Tower, now being erected at Paris as one of the
attractions of the great exhibition to be held there in 1889, the
highest building in the world, the Washington monument at
Washington coming next. We also added on the plate the
heights of some of the other lofty structures for comparison,
which may be carried a little further by comparing the tower
with some of nature's structures, the mountains of the world.
This would show the height of the tower to be one-eighlh of
that of Mount Washington (8,000 feet); about one-fifteenth of thecL
of some of the highest Alps and one twenty-ninth of that of the
highest Himalayas ; so that nature beats Mr. Eiffel very consid-
erably, wonderful as his work will be. But a comparison of the
mountains with the size of the earth itself throws them into the
shade, and shows what small excrescences they are on this great
globe we inhabit. We see by the papers that the Paris exhibition
is to contain something that will facilitate this latter comparison.
They say there is to be a terrestrial globe of thirty metres in
diameter, about 100 feet, and we suppose that on this the moun-
tains will be shown in relief, and on a scale which will serve
for comparison with each other, but will probably be much
larger than the scale ofthe diameter, just as an engineer shows the
true elevations and depressions of a line of railway on a larger
§oale than the horizontal distances. Some years ago there was

Curiosities of Measurement.

acL

exhibited, in London, a globe of 60 feet diameter, but turned
inside out, the spectators being inside it, and the countries, seas
and other geographical divisions being shown on the inside,
elevations and depressions included, the latter being shown on a
greatly enlarged scale, but, even then, being very small indeed,
as compared with the size of the globe. The comparison was
very interesting and instructive. We cannot all see either the
said Paris or London globe ; let us try whether we can use a
globe of no very formidable size, and yet get some idea of the
comparison which we have mentioned. Suppose we have one of
forty inches diameter (thirty-six inches is not uncommon but
forty will work more easily into our computation), then, taking
the diameter of the earth at eight thousand miles, each inch of
our globe will represent two hundred miles, and one mile will be
represented by the two hundredth part of an inch. Now, to get
a tangible exhibition of this small quantity, let us take any
printed book of which the edges of four hundred pages, when
the book is close shut, will make one inch in thickness ; that of
each leaf (two pages) will then be the two hundredth of an inch,
and a scrap of such paper as the leaf is made of, pasted on the
globe, will represent a mountain one mile high (6280 feet), or
two-thirds of the height of Mount Washington, or more than five
times that of the Eiffel tower ; and less than six thicknesses of
such paper will represent that of the highest mountain in the
world, and not far from the greatest depth of the ocean, which
is now considered to be rather more than the height of the loft-
iest mountain. We shall thus have a fair idea of the compa-
ratively small elevations and depressions in the earth's surface,
and of the very slight increase in them respectively, which
would drown whole continents, or leave the bottom of the ocean
bare; and we shall have some idea of the comparative size of man
and that of the world he inhabits, for a thickness of our supposed
paper will represent more than eight hundred times his average ^

Cosmic Forces.

stature ; aijd yet man's stature and power are admirably adapted
to the world he has to live in, and neither giants nor pigmies
would be so well suited to it as he is.

Dominion Illustrated.

COSMIC FORCES.

In our number before the last we presented our readers with
an engraving of the Eiffel Tower, the loftiest building in the
world, and in our last number, as a sequel, we gave them some
" Curiosities of Measurement,' in which we compared the tower
with some of Nature's works in this world of ours. But what are
the greatest of these compared with God's works outside of this
world? The sun and his attendant planets, and the stars, infinite
in number, each a sun accompanied, astronomers tell us, by its
attendant planets; and an infinity of space beyond them again,
with stars whose light has not 3'et reached this world. Those
of them which we can see are made visible by their light, which
also, by the aid of that wonderful instrument the spectroscope,
has shown us that many of the elements of which they are con-
stituted are the same or similar to those found on our earth, and
thus revealed the unity of creation. Yet thf\t very light, by
which we see those at night, makes them invisible by day, and
if the sun shone always upon us, we should know nothing of
these other worlds and suns. Our readers, or many of them,
must be acquainted with Blanco White's beautiful sonnet founded
on the facts we have mentioned, but many have probable never
seen it. It will bear repetition, and we reproduce it. It has
been called the finest, and is c^rt^inly among the finest, sonnets
ip pur language,

Robert Jirotvning.

Mysterlong Night I when our first father knew

Thee, by report divine, and heard thy name,

Did he not tremble for this lovely frame—

This glorious canopy of light and blue?

Yet 'neath a curtain of translucent dew,

Bathed in the rays of the great setting flame,

Hesperus, with the Host of Heaven, came.

And lo ! Creation widened in man's view.—

Who could have thought such fiarkness lay concealed

Within thy beams, O Sun ? or who could find,

While flower and leaf ani insect stood revealed,

That to such countless orbs thou mad'st us blind?—

Why do we then shun Death with anxious strife ?—

If Light can thus deceive us, why not Life ?

•Dominion Illustrated.

ROBERT BROWNING.

To the Editor o/The Dominion Illustrated :

Sir,— On a hint some time ago from your excellent and
kindly contributor, Lockhart, that ho was contemplating a
Canadian symposium on Browning, I sent him the lines I subjoin
and was rather disappointed at finding from the extract in your
now last number, from the " Transcript MontUy, of Pordandy
that the editor had not found room for them, as I hope ycm will.
My praise seems reasonably strong-Mr, Eoberts, I see, gently
comments on our poet's love of the obscure-and the clear and
oving spirit of Mr. Lockhart's own verse leads me to believe
that he would not object to a little more light and love, and will

-„

Robert BrotJiming.

not be angry with me that I incline to agree with Mr. Duvar, in
preferring the wife to the husband as a poet ; I say nothing as to
his psychological analysis or just and keen satire, or the theo-
sophy of " Caliban on Setebos."

Since you ask me, gentle Lockhart,

Leader of the band of minstrels

In tbe songs of our Dominion,

What I think of Robert Browning-
Take my thoughts for your symposium.

What he wrote, and what he taught

Is bright with wit, with wisdom fraught,

Large and lofty, strong and pure.

His pregnant verse at times obscure,

But still with some deep thought behind it—

So deep that many fail to find it.

Old proverbs say, that of the dead

Nothing but good should e'er be said ;

Yet, I should better like our bard

If his hard things were not so hard.

Is there not something of the sphinx

In Caliban's mysterious " Thinks " ?

Something not Hebrew, Greek or Asian,

And not exactly Athanasian ?

Some hidden thing we long to see

In that deep, mystical « So he " ?

Must we not Browning's spirit call

To lift the veil, and, once for all,

These riddles to explain and solve

With all the mysteries they involve,

And thus from all reproach our honoured bard absolve ?

Ottawa, 1880

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