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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, 
 
?s 
 
 ^^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. 
 
 W. 
 
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, 
 
 8 
 
 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. 
 
 W. 
 
 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. 
 
 W. 
 
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 
 
6 
 
 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 
 

 8 
 
 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. 
 
 W. 
 
 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. 
 
10 
 
 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. 
 
 11 
 
 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, 
 
12 
 
 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. 
 
 13 
 
 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 
 
u 
 
 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. 
 
 16 
 
 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 
 
 16 
 
 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! 
 
 IT 
 
 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. , 
 
 18 
 
 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. 
 
 Id 
 
 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. 
 
20 
 
 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. 
 
 21 
 
 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. 
 
 23 
 
 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 
 
24 
 
 ^: 
 
 '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. 
 
 25 
 
 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 
 
26 
 
 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. 
 
 27 
 
 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 
 
A 
 
 28 
 
 The History of Canada. 
 
 i 
 
 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. 
 
 29 
 
 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- 
 
30 
 
 The History of Canada. 
 
 '5 
 
 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. 
 
 31 
 
 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 
 
HI 
 
 ] U' 
 
 ^ 
 
 32 
 
 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. 
 
 33 
 
 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 
 
34 
 
 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. 
 
 35 
 
 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 
 
 
 36 
 
 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. 
 
 37 
 
 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 
 
38 
 
 Commercial Union. 
 
 v4 
 
 - 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. 
 
 39 
 
 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. 
 
 W 
 
 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 
 
40 
 
 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. 
 
 41 
 
 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. 
 
 W 
 
 Ottawa, 6th Jan. 1890. 
 
42 
 
 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, 
 
 43 
 
 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. 
 
 W. 
 
 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 
 
44 
 
 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 
 
I)i8allowance Questimt, 
 
 45 
 
 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 
 
 41 
 
 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 
 
43 
 
 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. 
 
 49 
 
 1 
 
 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' 
 
50 
 
 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. 
 
 51 
 
 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 
 
62 
 
 Curiosities of Measurement. 
 
 <' something rotten in the State of Denmark," which must and 
 should be cured. 
 
 June 1890. 
 
 W. 
 
 CURIOSITIES OF MEASUREMENT. 
 
 t 
 
 ■i 
 
 
 Ij 
 
 : 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. 
 
 53 
 
 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 ^ 
 
64 
 
 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. 
 
 w. 
 
 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. 
 
 55 
 
 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. 
 
 W. 
 
 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 
 
 -„ 
 
56 
 
 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 
 
 W. 
 
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