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Although I have not the honour of beiiio acquainted with your Lordship, yet my know- ledge and admiration of your pubhc character induces me to use the freedom of dedicating- to you the following pages. As an able and patriotic legislator, and a sincere friend to the British Colonies, your Lordship has justly acquired reputation and respect. Nor is there any one, in whose hands the important in- terest of those parts of the Empire could be so safely and honourably reposed, as in your Lordship's. In the hope that this ex- ] Vi 'lKJ!"J!"f'-" ^.« I VI prcssion ol cstcoin. even I'rojii one lolally unknown to you, may not be displcii m^ (o your LordHlii|); and that the views vvhicli he now submits, may moot your Lordshi()'s appro- l)ation, as serving to assist the cause which your Lor(lshi[) has so nohly undertaken, I remain, with much respect, My Lord. Your Lordship's most obedient . And very humble Servant, 1 1 1 "1 li THE AUTHOR. lMli)il)urgli, Miiy '26, 1831. ^a r 10 lolally lev M^ lo vvliicli \\v ()"s appro- ise whicli ken, ent ervant, AUTHOR. ON COLONIAL REPRESENTATION. MV LORD, / GiiKAT Britain stands proudly and justly pre-eminent over every other country in the world, for the excellence of her political institutions, and the full measure of liberty which her people enjoy. This is an eulogium which rests not merely on the )ips of I'.nglishmen, or Avhich re(iuires to seek for a demonstration in the social happiness with which En,!; 6 niaintenancc of political rights. This rule admits of exceptions, — the expediency of which, however, af- fects not in the smallest degree the tnith of the general position. If, for instance, the condition of the colo- nies in point of civilization, is not such as to render them capable of being actuated by the same moral principler which influence other parts of the empire, it would be absurd and imprudent at once to force upon them privileges which they can neither exercise nor appreciate ; and accordingly, when we consult the history of the world, we find many illustrations both of the rule and of its exceptions. The colonies of the Greeks and Romans were governed by the same spirit which characterised the respective governments of those people — the latter enjoying a much smaller share of political freedom than the former. Speaking of those colonies, Brougham observes, that " the form of colonial government was modelled upon that of Rome ; the laws, if not changed at once, were gi-adu- ally moulded by the spirit of the Roman jurispru- dence : in a word, the establishments which have been called colonies, and compared to those of mo- dem times or of the Greeks, were mililary stations.'^ The South American Colonies of Spain were the theatre of oppression and cruelty, engendered by the tyianny which actuated the government of the parent state. Some of the colonies belonging to the Dutch, showed the prevalence of more benign and civilized principles, conformable to the political freedom and moral intelligence for which Holland was charac- terized ; and, in like manner, the greater part of oiu* own colonies, have generally exhibited a miniature of the government and political rights existing in Great = -il Britain. " The Constitution," says Brougham, " of the British Colonial Governments in North Ame- rica was formed upon the model of that admirable system of domestic policy, which has secured the happiness of the mother country, raised her to an unexampled height of prosperity ; and, notwithstand- ing its theoretical defects, left her in a situation of en- vied tranquillity and solid practical freedom, amidst all the political experiments and convulsions, that have shaken the other nations of Eiu-ope. Tlie govern- ments of the British West Indies are still constnicted upon the same excellent plan. They had almost all of them two houses of legislature, and a governor entrusted with the executive power. The consent of these three branches of the Constitution was required in every public act of legislation."* If such were a true description of all our colonial governments, there would indeed be little to complain of: for, imder such safeguards to fi'eedom and pro- perty, few opportunities would occur for the gi*atifi- cation of arbitrary jiower, against which, there would not be ample means of full and immediate redress. But in the above dcscrintion, Brougham gives a pic- ture rather of what ought to be, than of what the condition of some of our colonies testifies. Un- doubtedly, in the greater number of our colonies there exist two houses of legislature, and a governor en- trusted with the executive power, who is controlled in the exercise of it by those assemblies ; but there are several colonies, which though placed in exactly the same circumstances as the former, are made out- casts from the enjoyment of those privileges so freely 1 1 «i Col. Pol. IK 27. I I t I \W i % obtained by others, and wanting tlie countenance of law to vindicate those rights, which sliould be the inheritance of cvciy free-bom subject, arc constantly exposed to the contempt and insults and ravages of provincial tyranny. Those colonics which are, unlortunatcly, in this state of degradation and suffering are, to be sure, few in nund)er : Trinidad, Demerara, St. Lucia, Mauritius, Cape of Cfood Hope, Ceylon, New South Wales, and JMalta, we believe corapri/o the whole. The first five of them arc generally h{moured by the appellation of the Jive Croun Colonics ; being conquered colonies, and considered the private perquisite of the English Minister, who appoints his own favourites to command thcnu and whose single dictum to them is a law which brooks no control. Those Colonies are ruled by the unchecliod a?"m of a Governor, who may extort what tril)ii>o he pleases, under the name of taxes, without regard to the necessities of the people — who may at once hurry into exile or imprisonment any fool-hardy individual that dares to expose oppression — and who acknowledges no authority but the Minister to whom he is indebted for his power. Before adverting to the state of those Colonies which are deprived of the advantages of free institutions, a few words may be said respecting some of those m which then- beneficial effects are most apparent ; and without enumerating all of them where those insti- tutions exist, it will be sufficient for our purpose, to describe their general operation by a few examples. Oiu" readers are probably aware, that the several colo- nies of Newfoundland, Canada, Nova Scotia, Ber- muda, Antigua, St. Vincent's, Jamaica, Barbadoes, St. Cluristopher's, Grenada, and several others, possess •^PHHW? TW I a. legislative assembly and council, a iVeo jji-css, and trial l>v iurv. In those Colonics all the clcnicnts ol'tlio liritish Constitution arc Ibiincd in tlu; same liappy combination, so as to form a miniature ol' that well- tried system of government established in the mother countiy. In those Colonies there is, first, a house of assembly, which is composed of members returned by the free choice of the inhabitants, and without whose sanction no taxes whatever are imposed : there is, next, the Council, composed partly ol the (iovenior's Ollicial Advisers on the one hand, and the princi.])al Inhabitants of the Colony on the other, whose province it is to me- diate between the Cjovernor and the Iloi'se of Assembly, and whose approbation is (essential to every measure ol' the Legislature : — and, lastly, there is the Governor liim- self, the plenipotentiary of the reij^ning monarch, and the head of the local executive, coinpleting that ])oli- tical union of King, Lords, and Counnons, which ex- perience, as well as reason, cons])ii'e to a])prove, as a form of government the best ada])ted for the happiness of a civilized people. If a larger quota of taxes than usual is required for the exigencies of tlu; Colony, the Governor applies for it from the House of Assembly, and explains to it the grounds on which the demand is made. The application is almost invariably acceded to, — though certainly instances are not wanting in A\hich the House of Assembly, unsatisfied with the reason ad- duced in its support, has refused or demurred to the application. Those taxes, if sanctioned by the House of Assembly, are paid by the inhabitants with an alacrity and willingness which never can prevail in colonies where no legislative assembly exists ; because A\'herever the inhabitants arc allowed no representatives to watch c ' f 10 over their inlcicsts, llioy can have no certainty, either that the taxes are imposed upon satisfactory grounds, or that they are honestly applied to their legitimate pur- poses. Nay, even tliough the Governor, in virtue of that influence which his patronage always gives him in the Assemhly, is -rblc to procure the imposition of taxes, which cannot be entirely justified, still no murmurs or hostility can arise on this account against the Govern- ment; the complaint iies only against the Representa- tives for neglecting the interests of their constituents. It may be said that those legislative assemblies often become the scene of angry altercation and dis- cussion, prejudicial to the authority of the Governor, and even injurious for a time to the loyalty and ami- cable feelings of the Colony. But not to insist upon the extreme rarity of these occurrences, and on the probability that when they do exist, it is generally owing to the unreasonableness of the Governor himself, with whom the Colonists cannot willingly be disposed to quarrel, it may with much reason be maintained, that Colonial Assemblies, even by their altercations with the Governor, produce more benefit than harm. Those assemblies form the best, and the most constitutional organs, by which the opinion of the Colony can be expressed respecting the Governor's conduct, and by which either the imprudence or the illegality of his proceedings may be the most effectually exposed. We cannot conceive any thing more inexpedient either for the Colony or for the Government, than that a spirit of disapprobation or disaffection should be allow^ed to form and accumulate, without any legiti- mate vent, or any mode of giving warning of its ex- istence. The inevitable consequence of such a state II N. of things, is, that inisuiulerstaiuling once eugeiideretl, tho contagion spreads through the Coh)ny, and the more so, from tlic want /f opportunity to cither party, of affording that explanation, which might liave had tlie effect of remedying the cause of complaint, or of proving its total want of foundation. In this point of view, therefore, legislative assemblies, instead of being looked upon as dangerous instruments of dissension, ought rather to be regarded as safety valves in the ma- chinery of colonial administration, from their affording a constitutional outlet to that spirit of faction, which, if allowed to generate, could not fail to produce uni- versal mischief. Nor are those colonial assemblies of less use, on account of the indications they afford to the Govern- ment at home, of the manner in which tho affairs are conducted by the person who is entrusted with the sovereign authority. It never can be a good symptom of his skilful stewardship, that he is involved in squabblings with his subjects, and that in the public discussions of the assembly, he is reproached with ex- tortion or inattention to the affairs of the Cohniy. The Government of the mother countiy, therefore, like the landlord who justly estimates the merits of his sen'ants, by the fruits of their labour, are warranted in considering the harmony and loyalty of Colonial Assemblies, as favourable symptoms of wise policy on the part of the Governor ; and, on the other hand, reproaches and complaints, tis pretty certain indica- tions of his incapacity or rashness. It is greatly more probable that one man is in error, than the one hundred who differ from him on the same point ; and ministers are fully justified by 'his axiom, in as- ■: -; >». 13 I'llH \IP. H smninj^ that in nine cases oiil of ten, tlie fault lies on the side <»f tlie (jovenior, ulierc he und llie House of Assembly unfortunately disagree. There ean be no doubt, that it was mainly in eonsoquence of the dis- pute aud ultimate rupture whieh took ])lace between the House of Assemldy of (Quebec, aud the late do- vernor of Canada, that that uoble ])evsonagc was recalled before t^u> usual term of his e(u^imand. We do not now cuter upon the merits of that unfortunate dispute, th()Uoni(> check or control. In every (iiuirter of the world, and in the breast of every hnman b(*inf?, the evil passions of our nature are the same, and wherever there is exuberance of power, a tendency will always exist to riot and indulge in tlic abuse of it. The Governor of these Colonies, also, assumes the no less dangerous right of imposing what taxes he thinks necessary, for defraying the expenses of his government, and improving the condition of the Co- lony. No sanction or concurrence is ever asked or dreamt of from the inhabitants themselves : Sic roloj sic juheo is all the intimation — all the explanation which is bestowed, and with that summons they must at once conform, under whatever penalties the Colo- nial Potentate ])lcases to impose. To adduce an example of the manner in which these I)owers are exercised, it is sufficient to mention tlie following facts, uj^on the authority of an eye witness, one who lived on terms of intimacy with the Governor, and by no means dis])osed to exaggerate his miscon- duct. Some years ago the Governor of Trinidad issued a })roclamation, that the planters should, for a certain number of days, send out their negroes to repair the roatls ; one ])lanter failed to (conform to this order, on hearing which, the Governor inflicted upon him a fine ofX'50. and sent one of his Aidcs-de-Camp, to exact ])ayment of it. The i)lanter expressed smprise at the sudden demand they made upon him, at the arbitrary pleasure of the Governor, and showed a determina- tion to resist ; but foreseeing the consequences of still further provoking the Governor's wrath, he surrendered the money, scornfully observing, that he uade a pre- 15 f sent of it to the Aid-ile Camp. Some clays aflenvards the planter received a second message from tlie (iover- nor, requiring from him the X'-'iO. penalty which had been imposed on him, adding, that though he had already \r,i\d that sum, yet it had been given only as a present to his Aid-de-C/amp. This was ])lainly an act of the most shameful extortion, and at Arst the planter was disposed to resist it to the uttermost; but some hint having been given to him about a visit of armed soldiers, he at length yielded to the entreaties of his family, and paid the additional £50. Such is a sam- ple, we do not say of what muallf/ occurs under the administration of our Colonial Governors, but of what mai/ often occur under the exuberant and uncon- trolled powers with which they arc invested. It is indeed j)ossible if a case of gi'ievous and into- lerable hardship occurs, at least to sock, we do not say to obtain redress, by sending to England, soliciting the patronage of some patriotic Member of Parliament, and imploring the protection of the British House of Commons. But what Colonist wtmld dare to oppose, by his single arm, the fell vengeance of a colonial despot, under whose power he is doomed to reside, backed, as it would be, by the whole plenitude of ministerial in- fluence at home, and all the accumulated expenses of a protracted and far distant trial ? Let Bishop Burnett answer that question, who, after suffering years of perse- cution at the Cape, was at length driven from the Colony, ruined in his fortune, and who, though thousands were spent by him in the hope of proving to the dull apprehension of Parliament, the oppression of which he was the victim, has, up to this day, never ob- tained one atom of redress. Many are the instances, I ' 10 M s((iin! (tf lliciii kiiowii lo umm'lvcs personally, wliort', «'V<'M ill coloiiit's posHcssiii}^ Iff^islalivi! asst'inI)ru;H, individuals uj^f^iiev cd by lli«' llagiliouM condiut of the (lovcnior, and too lii will tell you, tluit, lured l)\ iIm; golden prospocts wliieli lend lliein in tlie ]HirHuit oliortuiie, or ))ower, or " buhbh; rtiputation," tlioy are willing to relinquish, lor a seiison, llie possession of hciillli, of donieslic condorl, or of personal libeity, for the sake t»f any of these; fan(;i(!d blessings. If man, all over tho uorld, submits to sneh saeriliees, will the same induce- ments not also tempt him to undergo the inilietion of despotism, even though it eome from the ignoble hand of a petty C(donial (iovernor ? Notwithstanding all the evils and drawbacks to whieh some of om- (Colonies aro subjected, still they ])ossess Ireasures, sullicient to draw to them men of cnterjjri/e and pers(>veranee. lUit who is there on that account, whilst admitting those evils to exist, would attempt to justify or palliate their ccni- tinuanee, or for ami moment maintain, that their re- moval would not render the Colonies infinitely more valuable and happy ? We have spoken hitherto of the pouers of the (iover- nor — so liable to abuse in those Colonies where it is unchecked by legislative assemblies ; we mus^ now advert to other evils which arise from the absence ol" free institutUms. The most ghuing of these evils is the want of a free press, and trial by jury — institutions whieh JMiglish- men regard as the dearest of their political birthrights. We do not here mean to argue the inherent right of all British subjects, in every part of the IJritish domi- nions, to enjoy and exercise these pri\ ilcgcs. However legitimate this argument is, we know that in an age of " commodity, that bias of the world," there are many not capable of appreciating its weight, and who, in a question of this kind, are more influenced , by a convic- ,11 !i' H 18 ii sr: 1 1' :r ■ ■ ^ ili' lion ol" rvils which slioiihl he removed, Ihan hy con- viction of a right which ouglit not to be denied. To such persons, then, we undertake, and it will not ho di/hcult to prove, the disadvantages, as well as the posi- tive dejjrcciation in value, which our Colonies sustain by the deprivation of those fvvc institutions, lint wh h(tuld it be necessary for us to recal to the minds of Englishmen, the blessings of a fi'ce press, and trial by jury, unl(!ss to repeat the trite i-emark, that those blessings which we the most frequently enjoy, are too often prized the least. The peasant who toils amid the scenery of his romantic glens, or braces himself in the healthy breezes of his native hills, is insensible to the beauty and delights of which he is the daily and luxurious ]iartaker, till he finds himself inhaling the noxious air of a city, or cooped up within the deck of a paltry shallojj. So it is with the free institutions of our land, among which we have been bom and bred, and which have become as common and necessary to us as the air we breathe. Of their value and utility we think but little, until fate car- ries us to the land in which their blessings are un- known, and then we feel, in all its bleakness and dreariness, the dismal blank which the want of them creates. How many of our most rational enjoyments, as well as our most exalted privileges, dep'^nd on a Free Press, and Trial by Jury ! wherever the former is wanting, we in vain sigh for the pleasures of intellectual and literary pursuits — the only symbols of a civilized people ; we in vain wish to disseminate the produc- tions of genius, for the delight and instruction of our fellow creatures ; we in vain look for that salutary moraJ controlj which is exercised over all classes of lifi 10 society, by the inllueuce ol" public opinion. Tiie l*icss reflects like a mirror, ecpially the charities ol" the good, and the crimes ol" the wicked, and though ihe/ortfter may be actuated by higher motives than respec* lor the world's favor, that motive may still operate on the latler to deter from crime, when every holier restraint is broken. The protection whicli this institution thus indirectly ailords against the tyranny oi' the wicked, is not less serviceable than what is deriv ' from trial by jury ; if the former is a weapon by which initjuity may be attacked, the latter is a shield by which the weak may be protected. Bad governments, there- fore, by which epithet we mean those possessing more power over the persons and property of the subject than is necessary for the well-being of society, dislike free institutions, which hold up every act of extortion to public execration, and constitute an insuperable barrier in defence of personal liberty. How distress- ing then must be the situation of a country, where these institutions are not permitted to exist, and especially to British settlers, who have tasted and lived on the blessings of Ireedom; where, deprived e(j'ially of the enjoyments and the securities which these institutions supply, the i>eople are chained to the yoke of despotism, \\ ithout alleviation or redress. Yet such is the system which prevails in some ol' the Colonies of Great Britain, in whicli there are neither legislative assemblies — nor liec press — nor trial by jury. Is not the continuance and toleration of Such a system as detrimental to the Colonies, as it is disgracelVd to the mother country ? With what feelings must the natiA es of tliese Colonies reflect on our conduct towards them, when we sternly deny them those privileges, \^ Inch ice so anxiously preserve and ' '■'.■) r! i 20 cherish as the best pledges ol' .social hai)i)iiieKS. In times of peace, we may perhaps care little for the good-will and amity of our Colonists ; but there arc seasons of trouble to all nations ; and Great Britain has already experienced the bitter consequences of a hauj^hty and supercilious demeanour to her foreign subjects, in the loss of her American Colonies. By what cause was the revolt of those Colonies brought about? the imposition of an obnoxious tax, by an assembly in which they were not represented. And yet, without taking warning by that remarkable event, we still blindly jiersist in the same policy, regardless of the supplications and remonstrances of the Colo- nists, to whom we deny a voice, not merely in the legislature of the empire, but even in the management of their own concerns. Is this to pursue that system of conciliation, or to act with that spirit of liberality, or that regard to ordinary justice, which is to preserve valuable friends in peace, and useful allies in war? No mortal can doubt, that colonies, if well established and governed, must prove essentially beneficial to the mother country. And it can just as little be doubted, that by an opposite course, of mismanagement and misrule, the affections of the Colonies will be estranged, and their conduct become that of a conquered and offended people, disposed at the first juncture of affairs, to fly into alliance with an enemy. What must the necessary result be, when such a state of hostility or of dislike is once created in the Colony? Will the natives be the more submissive on that account, to the mandates of the local Govern- ment? Will they pay with greater alacrity the taxes saddled on them at the caprice of a foreigner ? Will they show a predilection lor the manufactures of the 21 mother country, rather than lor tiiose ol" other nations .'' These are grave and serious (juestions, emerging I'rom the situation in which many ol* our Colonies are now actually placed, and on the 'e termination of which it depends, whether those Colonies are to prove be- neficial or baneful to the c(mntry. Our firm con- viction on the whole is, that, whilst on the one hand, those Colonies possessing legislative assemblies may be easily administered without the excitement of acri- monious feeling — supplying with readiness the taxes necessary for the exigencies of their Governments, and more willing to trade with Great Britain than with other countries, — on the other hand, those Colonies which &re deprived of assemblies, are scenes of con- stant altercation with the constituted authorities, gi'udging every dollar which is exacted for the expenses of the Colonial Establishment, and ready to throw themselves into the arms of any other nation, for the sake of being severed from a country which treats them with asperity and injustice. We are satisfied, that every candid person must admit the force of the general remarks which we ' ve now briefly sketched, in favour of colonial legislation. And even were no more than a tithe of them ad- mitted, as affording a correct outline of the practical benefits, on the one hand, of Local Assemblies, and the practical mischief, on the other, arising from their non-existence, there would still be sufficient to leave the balance of a strong presumption in favour of these institutions, and to encumber their opponents with the burden of showing, why the Colonies which are de- prived of them, should be exceptions to the general rule. ii ii 33 !i liCt lis now, ill illiistriitioii of lliesc; general remarks, consider tlic situation of one or two Colonies without legislative assemblies, and endeavour to ascertain as lar as possible, tlie grounds on which the non-existence of them can be defended. Take the case first of the Cape of Good Hoj)e. We ask our opponents to point out to us any one circumstance in the condition of that Colony, which should render it an exception to the rule we liave endeavoured to develope. We have never lieaid that circumstance stated ; whilst the alleged circumstances of tyranny by which its Government has been hitherto stained, demonstrate and enforce the expediency of some improvement on the existing sys- tem. But without now adverting to the alleged abuses of the power vested in the local Governor arising from the want of a constitutional control, let us first attend to the nature of the powers actually entrusted to tlie (jiovernor; and then we shall be the better able to judge both of their tendency to abuse, and of their consistency wdtli political freedom. Your Lordship is probably aware, that some years ago Commissioners of Inquiry were appointed to inves- tigate the condition of the Colonies. Their report on several of them, has already been published, and the following exUact from that on the Cape of Good Hope, gives an impartial outline of the Governor's extensive powers. After observing that before our acquisition of the Colony, there had existed a council, to whose previous consideration the Governor wa» bound by certain regulations to submit all important acts of administi'ation, the Commissioners state, that " the principal and most important differences that wo ^ind to have existed between the state of the Govcrn- 1%' it •23 menl as it was found in 1803, and that wliich existed on oiu* arrival in IH23, was the concentration in tlie person of the Ciovcn'nor, of all the powers tliat had been separated or modified in the regulations to which wo have had the honoiu* to refer. Uy virtue of His Majesty's commission and instructions, the British (jovernors have issued proclamations in their own names, for explaining and modifying the old, and enacliny new lawSf and for increasing the amount of former, and creating and levying fresh imposts. They have also regulated the tenures of lands, by ce present Ruler of the Colony, Sir Lowry Cole. 1 ■ l\ .liieli I the these maiii- who ;omli- cnact taxes tliein higher jasure, 3rs are •f some >re the at con- legishi- it was ■ extor- of this Qcl pre- out by itnessed in this lid they anuary, liberty >roperty, es ; that in making ncnt of tlu; 35 they u'cn.' thus placed uikUt tlic ])r<)te('tioii of his iMa- jcsty until the Colony was iinally ceded to (ireat Britain, by the King of the Netherlands, in August 1814, when the protection they had enjoyed in pursu- ance of the capitulation, was not only continued to them, but they became naturalized as his Majesty's liege subjects, and, consequently, as they humbly sub- mit, entitled to the advantages of the British consti- tution." " Your Petitioners, in reverting to the periods when this Colony was in the possession of a former mother country, deem it fit to notice, that the inhabi- tants then (exclusive of a Council to assist the Governor in the legislative and executive branches of govern- ment) possessed a constitutional mode of representing their wishes and complaints by means of a board, denominated the ' Burgher Senate,' instituted as early as the year 1065, and so constituted of citizens as to have been, at that period, of some utility and efficiency in protecting their interests ; but the powers of this board having, subsequent to the last capture of the Colony, been f/reatly reduced, it degenerated into a mere office for the administration of the financial affairs, and of some branches of the local police of Cape TowTi, and has recently been entirely abolished, together with the Boards of Heemraden, &c." The Petition then goes on to set forth with modera- tion and firmness, various grievances suffered by them, from the exercise, on the part of the Governor, of his extraordinary powers in altering the laws of the Colony, changing the value of the colonial currency, imposing taxes without the concurrence of the inhabitants, and E '26 expending tliem without regard to the object for which they were professedly levied. But, independently of those intolerable grievances, is it not evident from the circumstances of their case, that the Colonists have an undoubted right, by the terms of their capitulation, to a constitutional government, similar to what was enjoyed by them under their former mother country ? It is true that, nominally, a Council at present exists, which the Governor is bound to consult in all his measures, but that Council is composed solely of military officers and civil functionaries, who are at the Governor's beck, and little disposed to contravene his pleasure. The Burgher Senate, which formerly was charged with the whole police of the Colony, which possessed the power of imposing or relieving from taxes, and was the consti- tutional organ through which the wishes and com- plaints of the people were made known to the Governor, has, since the capitulation, been entirely abolished. If this be true, has Great Britain not been guilty of a breach of national faith, in abolishing this most valua- ble and important privilege, after an express paction to guarantee to the Colonists their rights and privileges ? The honour of this country is pledged, if not to act with liberality, at least to act with justice ; and if we absurdly refuse lo do that which is so expedient, both for the good of the Colony and our own financial relations with it, we, at all events, cannot withort a shameful viola- tion of the contract by which we acquired the Colony, j-efuse to restore what we expressly bound ourgelves to maintain. It is not surprising that after the ill treatment which the Qolqmste at the Cape have Uius suffered from the 27 local government, there shoukl have been considerable irritation on the part of the natives. How can it be expected that the people there should be very obedient to laws which are imposed on them at the jdeasure of a capricious Governor, or that they should come forward with all the alacrity that is desired, to ])ay taxes, levied without their concurrence, and squandered in ways altogether different from their original purjioscs ? It appears, from the Report of the Commissioners of Inquiry, at the Cape of Good lIo])c, that during the eleven years j)revious to liord Charles Somerset's administration, the revenue, on an average, exceeded the expenditure by £7*2,066, whilst, on an average of the thirteen years of Lord Charles Somerset's reign, the expenditure exceeded the revenue by £7'2,600. Whether this result has arisen from wasteful expen- diture on the part of the Governor, or from unwilling- ness to pay on the part of the Colonists, it is per- fectly evident to what cause these evils are to be ascribed, and by what remedy they may be removed. The establishment of a legislative assembly is the only method which can cure the evils of raal-administration heal the dissensions existing between the Governor and the Colonists, and redeem that pledge which this country solemnly undertook at the period of their capi- tulation. Indeed, this is the course which the Com- missioners of Inquiry appointed by our Government, have warmly recommended. After adverting to the proposition of establishing a representative council or assembly in each of the two districts of the Colony, the Report states that " Limited as the constitution of the two councils will be when compared with the power and duties attributed to them, we still think that they e2 t V ' 28 arc ailctihtU'il to ylie irrif/ht and coHsisloncij to the decisions offioreniment, without jifrordiii}? any ii'iison- uble Jippri'licusion of lessoning its legitimate inlluence, or of obstnuting llie course of its executive duties; it is an institution faiiiiliar to the recollection of many of the inhabitants." 'J'he lleport afterwards states, " that the prospect of ])articipating in the future ])rosperity of their native country, and of ])rovidiug a /('(/ifimate and ronstitittional re/ncdt/ for the errors or tin? misf(»r- tunes with which it has had to struggle, will tend greatly to induce a cheerful co-operation in the exer- tions and sacrifices whicli the circumstances of the Colony may still require from its inliabitants, and to alleriate the spirit of discontent, trhich late erents hare tended to excite, and which has, in sonte measure, we /ear, impaired th, among whom, it was as- sumed, squabblings would arise dangerous to the exist- ence of the representative system. But have any such squabblings ever taken place between a French party and a Brit'ith pai*ty iti Canada, where by reason of reli- gion and national ciistoms, a difference of opinion and interests was much more likely to arise than at the Cape of Good Hope ? or have any such violent dissensions, we may ask, broken out in those West In Man Islands possessing Colonial Assemblies, which have been ceded to us by the Dutch and the French ? this objection, therefore, is quite preposterous. Then it is said, that " there was no country where slavery existed, in which the expediency of introducing a representative legisla- ture, might not most smously be doubted." Were Parliament not aware that in the United States, where representation, in the widest sense of the tenn, has now existed for half a century, slavery in its most degiading forms, embx'aces more than a third of the whole popu- lation, and yet is not destructive of the general system ? or did the Colonial Secretary forget, that the most flou- rishing of our Colonies in the West Indies, where legislative assemblies have been established, are almost entirely, and always have been, cultivated by slaves ?* and yet it was objected to the proposition of establishing an assembly at the Cape, that " the Colonists amounted to only 119,966 souls, of whom the slaves amounted • The following is a Statement of t' e population of some of our West Indian Colonies taken from humboldt's "Voyage anx Regions Equinoxia.lcs du nouvcau Continent, 182t»," Tome XI. Years. Colony. Slaves. Free Blacks. Wliites. 1820 Jamaica, '^il,8i2 3.5,000 2.5,000 1823 Anti^ia, 31,000 4,000 o,000 . , 33 West )xialcs to 31,000, the i'vvi^. blacks to 35,000, aiKi the whites to 53,960,"' that is to say, showing a proportion of free Colonists to thosn l»i a state of slavery, more than six times greater than what exists in Jamaica or Ai^tigua, or Barbadoes, or St. Kitts, or Nc.is, or Grenada. Truly, then, the reasoning of the Colonial Secretary, seems to have been marvellously inconclusive, and little consistent with the deductions which h\s official know- ledge of our Colonies should have taught him. Yet the House of Commons submitted to be thus imposed on, and the Petition was rejected, because no member Would give him'"?lf the trouble of pointing out the facts, to which we have briefly adverted. So far, therefore, from seeing ho\Y the Cape of Good Hope should be excepted from the general reasoning we haAC sketched in favour of Colonial Assemblies, ^\ j conceive that there are special circumstunoes of the strongest character, in the condition and history of the Cape, which loudly call on us to confei upon it that blessing. The establishment of a constitutional check on the Governor's powers, was enjoyed by the Colony before it became subject to Great Britain ; and we, who possess, or claim the proud privilege of giving to other nations an example of liberal and enlightened policy, certainly ought not to withhold that measure of ireedom which the former mother country of this colony allowed to it — and least of all be guilty of a breach of national honour, by violating the terms of Years. Coloiuf. Slaves. Free Blarlis. Whites. 18-23 Barbadoes, 79,000 5,000 10,000 1820 Novis, 0,0 1827 Mauritius, 21 Cai)e of G. Hope, 22 1828 Mauritius, 47 Cape of G. Hope, 22 The following Parliamentar} return. No. 292, is the official value of imports and exports with Great Britain and Ireland, and these two Colonies, as at 5th Janu- ary, 1829 : — Imports. Exports. Total. Mauritius, £529,391. £231, ({35. £861,020. Cape of G. Hope, £193,4()4. £347,381. £540,845. At 5th Jan. 183 1 : — imports. Exports. Total. Mauritius, £451,999. £280,530. £732,529. Cape of G. Hope, £238,1.33. £383,427. £621,560. * We ob.servo, from Hansard's Parliamentary Debates, vol. XV. page 1,030, that in 1810, the population oi the Mauritius was (50,000, and in idI5 it was 87,000. VHiether any offieial returns have been made to a later Jate we are not aware, but from piivate information wc learn, that in 1830, the population was above 100,000. 20 44 26 45 30 61 21 43 28 75 31 53 -II PW^BffP i IW* 18;),8!>(» cuts. .2()l,o51 15H,()11 •218,l({() It may bu iiselul also to note a lew ])oiii(s of com- parison between tin; jMauvitius ^nd several of our Colonies possessed of lej^islative assemldies. The followiii}^ amounts of the (juantity of suj^ar im- ported into the United Kingdom, are taken from Parlia- mentary pa] )ers : — i s2h *. Mauritius, '}(Jl,()o-2 cwts. JJarbadoes, ;375,()11 St. Vincent's, •288,00-2 Antigua, 199,4-2« Grenada, 2CJ),87!) From the delieieney of accurate financial informa- tion re*•' I'^ncy by the higher claims of equity and justice. IVf a .iitius, though at first a dependency of the Dutch, fell aflei vvai'ds under the power of the French. From the year 1722 to 1790 it was administered by a Gover nor and an " Intendant, * the former exercising mili- tary authority, and the latter being entrusted with the ♦ I'arl. RcUuii (or l.S:>;>, No. 319. t Ditto. 18:30, N,.. ^^ 30 i. h i civil power. IJut besides, these two heads of govoni- mcnt, there was a " Conseil Siipurieur," composed of the principal inhabitants, invested with functions simi- lar to those of the French " Parlement," and enjoying the power of discussing the expediency, and preventing the adoption of legislative measures, proposed by the administration. But when the revolution broke out in France, the influence of liberal principles extended to the Mauritius. In 1791 a Colonial Assembly was established, the members of which were appointed by the fice voice of the inhabitants. The institution of this assembly, which was uncontaminatcd with those furious democratical '"rciples then prevalent in France, was a measure, not : ther palatable to the new rulers at home, although shortly before the overthrow of the former government, r>pecial instructions had been sent out, to confer on the inhabitants the privilege of a Colonial Assembly. But, however much inclination there may have been to crush the infant constitution, France was fortunately too much occupied with its own concerns to take any immediate steps against sub- jects, who, in obtaining for themselves a larger share of political freedom, had only followed the example of the parent state. In 1796 an expedition was, however, equipped by the French Directors and Commissioners, with the view of enforcing at the Mauritius, the same sanguinary principles of democratic tyranny, which now reigned paramount in France ; the youth of Mau- ritius immediately flew to arms, in defence of the in- vahiable privilege which they had acquired, and forced the armament to sail back to France. Roused with indignation at the obstinacy of the Colony, the new Government of France not only ceased to ])rotecl it, but threatened it with more ii* 37 serious preparations of war. The l^^nglisl? squadron then cruizing near the island, and being anxious to secure so valuable a possesf^ion for Great Britain, their wily commander offered to protect the inhabitants from the roused vengeance of their mother country, if they would allow the English forces to land as their allies. But the Colonial Assembly pnidently and nobly declined this Grecian proposal : they refused to be in- debted for its safety to a national enemy, and chose rather to brave the resentment of two powerful nations, than sacrifice their independence. The inhabitants, accordingly, though already much impoverished by a protracted and expensive war, soon supplied, by voluntary contributions, funds to fit out a new fleet to resist invasion. It was not long before actual hos- tilities took place, and one of the few naval victories gained by iha French over the English navy, was accomplished by Vice-Admiral St. Felix, who, with two frigates under his command, equipped at the Mauritius, succeeded in dismantling, and nearly de- stroying the Diomede and Centurion, both British frigates of heavier metal. But at length, an event occurred in the island, which showed that more danger was to be dreaded from internal treachery than fi*om foreign hostilities. The troops, which originally had been sent fi:om France to garrison the island, untrue to the spirit of patriotism which animated the natives, rebelled against the constitution, and threatened de- struction to the infant state. Instantly the Mauritian youth, who had formed themselves into a militia, but had only their bravery to supply the Avant of military discipline, compelled those veteran troops to embark on board of ships provided for the pmpose, and forbade them ever to set again their foot on the shores of the Colony. .ill '\IA ;i8 t i";l Wliilsl the newly tonstitiited government of Miuiri- tius was tluis so iiilly cnfijaj^ed with foreign and intes- tine hostilities, it also found time to a])ply itself in framing useful laws, and improving the domcstie con- '■■ the instructions, which he had received for his direction, in case of the sur- render of the island ; and among those instructions is the following — " The (ioveiTioris to observe, as a general principle, that the xi/stem of the local laws, and of the aHininisI ration, is to lie preserved in Us existing state." " The (Jovernor is to maintain the l-vcs and priciU'i/es, whivk arc guaranl-ced lo the inhabitants." A '2 1 'I . if issued from the seat of j)owor, which might well havy tlic abovf-rrcltjMl ])roil!iniatioii of Iho 'iJMh .fiiniijirv, IHJl. It 18 liiirdly iKH'i'Hsary to drscribo or characterize the otlicr acts of ordinary administration l)y the Ciovornor ; licnccfortli, they were all of tlie nanu* dark C()ni})l(;xi()n as those two acts which wo have just related ; raniilicatic.iis of the nefarious ])vnici|)le which had already shewn itself in tlu; su|)])r('ssion of a free press, and of the (Icdoiiial Council. A sin^de exani])lo will suHice : whilst under the dominion of the Frciich, the utmost amount of taxes reciuired from the inhabitants was (>l),()()0 dollars, levied as above-mentioned, with the sancticm of the Council. After the Island fell into the hands of the Enp^lish, two proclamations appeared, notifying that lu': same taxes would be continued as under the French government. In the following year, in like man- ner, and as if in compliance with the ancient form, two ])roclamations were again issued, recpiiring pay- ment of the usual amount of taxes. But after 1811, the government did not give itself the trouble of even giving this intimation, and the collector continued annually to exact the usual amount of taxes, down to July 21, 1822, when a nevv proclamation made its appearance from the Star Chamber of the govern- ment, infomiing the Colonists that the taxes would be continued to be exacted in the same manner as before. This amount has, since the capture of the i '■■;.( executive authorities. The office of Censor is, like most others to which a handsome salary is attached, held by an Englishman, who, in a great degree, ignorant of the French language, mutilates the composition sub- mitted to his inspection by absurd corrections, or altogether destroys what his ignorance of the idiom renders him unable to understand. ',:ii n "- s^\ 46 i; I Islfind, been continually augmenting, at the pleasure oi" the (iovemor; and in the year 1830, as we are inlbrmcd by a correspondent, it reached the cnor- niour sum of one million of dollars, having, in the short space of twenty years been increased more than sixteen fold !* What becomes of all the revenue which is Jius wrung from the pockets of the Colonists, ihi'fi need not, and dare not enquire. If some planter, more fool-hardy than the rest, and goaded on by a sc'isc of his country's sufferings ventures to propose any quostion as to the application of the taxes, the menials of office, snap their fingers at his presump- tion, and tell him to go about his business, and mind his own affairs. The same spirit wliich ani- mates the Government, pervades every other depart- ment ; all the situations of power or emolument, instead of being impartially confeiTed on the natives and the English, are meanly and unfairly reserved for the immediate favourites of the Governor, upon whom are squandered the wealtli of the Colonists. When a Mauritian, some years ago, held the situation of Chief Commissary of Police, his salary was only £480; but when his English successor stept from the ban-acks to supplant him in that office, the salary instantly rose to £2Q00. The more recent accounts from the iviauritius afford * The foliowinu; statement of receipts is taken from the Report of the Commissionei's lately published : — Customs and Port Duties £98,.j76 10 Direct Impositions (perhaps well named)... . 21,205 10 Special Taxes , 53,205 9 Incidental Kevenue 5,858 1 XI 78,8 15 l;l ('. r :,i *7 a tticlancholj' picture of the desolation .nitl disquietude which prevail there, in consequence of the misconduct of the Government. The police is in such a state of disorder, tha , crimes are increasing with I'earful rapi- dity."'^" The roads have been allowed *o fall into dis- repair, thouglj a part of th- revenue ought to be applied to xhoir maintenance : and the College, which some years since was blown down by a hurricane, is only half re-built. A most dangerous and deeply rooted hostility has been engendered among all classes who are natives of the Island, many of whom bearing in their recollec- tion the blessings of political freedom, and all being perfectly aware of our violation of the terms of their capi- tulation, would regard it as the happiest consummation, could they be freed in any way from the illiberal and ungenerous power which now lords it over them. In consequence of this state of matters, Ministers have found it necessary to increase the number of regiments stationed in the Island ; and we observe that very re- cently a man of war has been dispatched with more military supplies and troops. But the discontentment which for some years past has now and then burst forth against the local Government in bitter vitupera- tion and even attempted violence against its authority, cannot have been produced without the existence oi actual grievances. There may be dangerous spirits, itis true, in the Colony, impatient of the yoke that cm^hes them, and who stimulate their fellow-countrymen to shake oif their fetters. But the Government has itself to blame, if those spirits have been roused, and if they are furnished with the materials of popular fermentation : It * See Blackwood's Magazine for Februarj 1831, p. 208, 1^ ¥' (f 48 and excitement. For instance, what a specimen of the manner in wliidi the local Government tampers with the common principles of law and equity, is exhibited by its treatment of the planters, regarding the Chinese free labourers, as nairated in the Asiatic Joiurnal for February last? It would appear, from the circumstances therein detailed, even if one half of it only were true, that it is impossible for any Colonist, who has not interest at Court, to obtain redi'ess, even in the most ordinary matters. It was alleged, and it formed a ground of impeachment in the House of Commons against Lord Charles Somerset, that he had accepted 10,000 dollars for a sick horse, which died soon after payment of that enormous price, from a person who was appellant in several causes of which the Governor had the decision. We will not venture to aver that similar tricks take place in the Mauritius ; but we do not hesi- tate to say, that before a man can obtain justice or redress, of which the government officers should have the award, it is at least highly pniflent for him to secure beforehand the favour of the executive. In short, it behoves him literally to mendicate for the possession or vindication of his rights. He must stoop to the indignity of bespeaking the comitenance and intercession of the Governor's dependants, or else he must patiently watch an opportunity for subdueing the prejudices or supplicati ig the favour of the Gover- nor himself, to whose will and pleasure the law is subor- dinate. Yet these same Colonists, now oppressed and degraded as they are, participated formerly in the blessings, and exercised the high privileges of poli- tical freedom. Then, justice flowed to all in a pure and mipolkitcd stream. Personal liberty ^vus not liable to t ..; M be infringed by tbe mere aal ol' one man. The sacred rights of j)ropcrty were never outraged. But what the Mauritius planter could once claim as his ri(/ht, he can now only ask as ix, favour ; he must solicit and wait for as an act of charity ; and to him, in his present state of degradation, may be truly applied the lines of Juvenal : ■' Clit-ns sedet a ■■ ■ik 52 uithoitl their cvmtenf, contrary to Magna Cliarta ; that it is great beyond all former precedent ; heiuff little short of the whole amount of taxes raised in the whole of Briti.vh America in 1777, when the various govern- ments and states, into whicli it was distrihutcd, com- prised a i)opulation of 300,000 souls." This petition, which is certainly to he admired for tlie moderation and energy of its tone, was hrought before the House of Commons, and met, as was to be expected, the most strenuous opposition from Ministers. But what was their gi'ound of defence ? They did not venture to join issue, on the general view s of expediency and of political right, by which the Colonists enforced their petition, or even to touch on the enonnous taxation imposed on them, at the Governor's pleasure. The sole topic which Mr. Huskisson, with all his ingenuity could advance as a basis of decent opj)osition, was an cnor in the alleged amount of population in the colony, without reflecting that the smaller he made the number of inhabitants, the stronger was the petitioners' argu- ment on the enormity of taxes imposed on them. Mr. Huskisson said that " By the last accounts he had seen, the population amounted to 49,000 ; of that number 18,000 were settlers; and the great ma- jority of inhabitants -were persons who had forfeited their civil rights. Now, this fact alone must materially influence the determination of the House, in deciding w^hether these Colonies were fitted to receive a Legis- lative Assembly and Trial by Jury. He had many reasons which induced him to think, that instead of imparting a blessing, they would do a great deal of mischief to the Colonies, if preniaturehf, the boons A3 prayed for were gr ned ; as souti as the people were prepared for them, L ; would willingly give them those privileges, whieh he wished to see enjoyed hy British subjects wherever they were placed.''^* Such was the only answer, which Government condescended to make, and Parliament were pleased to sanction, as a reason for rejecting the petition from New South Wales : and a more pitiful mode of disposing of it, could scarcely have been conceived. Let us attend, for one moment, to the pretext (for it is really nothing better) which Mr. Huskisson chose to assign for opposing this application from the colony, lie says, that the population amounts to 40,000 ; that of this number only 18,000 are settlers ; and that of the remainder, a great majority aae convicts. Add then (we shall say) one-fourth of the remainder to the immber of free settlers, and we have nearly ■2(>,000 persons in New South Wales, (instead of 35,000, as stated in the petition) who are capable of exercising the privileges of a representative body. But, says Mr. Huskisson, this is far too small a number for such an important tiiist, and proves that the colony is not yet fitted to receive a Legislative Assembly and Trial by Jury. Did the Colonial Secretary forget, or did he conceal the fact, that very few of our Colonies in- deed, which enjoy the privilege of representative Governments, have so large a population of free in- habitants as New South Wales ? The number of the free popidation in Barbadoes is only 20,000, in Ber- muda f 9,500, in Antigua 31,000, in Grenada 3,700, in :1 if * Hansard's Parliamentary Debates, 18th May, 1826. f The House of Assembly in Bermuda is composed of at least thirty-six representatives, — four bein,;,' bent l>y eiicli parisii in the island. i ,3 ii S I-" ••. 64 Nevis 1,150; and in these Colonies, (iw, /tee inhabi- tants bear a nuich smaller ])r()portion to the rest of the poptilation, than in New South Wales. JJut I'nrther — in New South Wales other important j)olitical privileges have already been established, and for which the Colonists express their gratitude ; we mean unrestricted liberty of the ])ress, and trial by jury in certain cases. Several newspapers, accord- ingly, are published in the Colony, luifettered by a capricious censorship, which expose, on the part of the local authorities, any attempt at oppression or injustice. In consequence of tlie enjoyment of this organ of public opinion, the most flagi'ant acts of misconduct on the part of the Colonial Secretary, and measures at least most unwise on the part of the Governor himself, have been made known to the world, which, but for the disclosures by the press, would, probably, never have been cither exposed or redressed. A -A it cannot be denied that in those instances, the retribution inflicted upon the guilty ofl'enders, in the general disgust and indignation which followed their detection, will afford a most srlutary warning to their successors in the Colony. But without, at present, commenting further on the benefits of these free institutions, why, v\'e ask, have the Colonists been deemed worthy of some political privileges, and not of others ? It cannot be for want of civilization and intelligence that they are thought unfit to enjoy a legislative assembly, because they are called upon to sit as jurors in questions of life and death, and constitute a society which affords encouragement to, at least, three newspapers, with other periodicals. It cannot be for want of a sufii- lu 50 pn the have itical want ought they of life iffords with sufli- cicnt population, from whom repvoscntatives may bo chosen, when wo see so many other Cokmies pos- sessing the ])iivileges and institutions of a free l)eople, wliose population hears no comparison with that of this rising and i nportant colony. What then, we would ask, can he the cause that the British ministers, whose daily experience and exercise of ])olitical privileges must liave convinced them of their blessings, and whose highest glory and boast it is to direct the energies of a free peoj)le ; what can be the ause that they so sternly and obstinately refuse to the Colonists of New South Wales, and others similarly situated, the like boons which arc enjoyed in other parts of the empire ? Tliey, them- selves, try to assign various reasons, not always consistent with each other in their defence, the futility of which we have already exposed. But truly, a solution of the difficulty — a key to the mystery is not difficult to be found, though much ingenuity and manoeuvering is exercised to prevent its discovery. The true explanation is to be found in that love of power, which, whilst it more or less affects all men, exerts, like other vices, a stronger influence upon those whose passion for it has once been indulged. A more striking example of this remark could not be found than in Mr. Huskisson, who, though in the whole tenor of his previous life, he had been ae- tuated by a pure and generous love of freedom, and a beneficent desire to extend the blessings of it all over the world, yet, the moment he entered the Cabinet — the moment he stepped within the threshold of power, became tainted and inoculated with its vice, and became the victim of those anxieties to 06 II ' I- -«' \ '', '■'■ fij K :,i ti ■' t' ■■■ *^1 !: |r ' extend tlio inflnoiiod of the Crown, and the palronagc of (lovcnnni'nt, vvliicli chilled and paralyzed the nobh; sentinunts of lil)erality and freedom by whicli he had once been actuated. There cannot be a doubt, that in those C-olonies, wherein a constitutional check exists on the ])()wer of the (jovernor and the conduct r)f other official functionaries, nmch more patronai^e is ])laccd in the hands of the minister of tho day, many more fat sinecures can bo bestowed ])y him, many steppin{?-stones to additional honours and emo- lument may be given away, than in those Ctdonies where the inhabitants are allowed freely to comment on the conduct of ])ublic men, and to watch over and scrutinize the application of the revenues which they contribute. There can be no doubt of this fact ; and therefore we may easily comprehend the meaning of the obstinate and persevering opposition which minis- ters endeavour to raise up to petitions for Colonial Kepresentation, however much they may strive to cloak and conceal their motives, under the flimsy guise of want of sufficient intelligence or sufhcient population. It is quite manifest, that whilst unrestricted liberty of the press exists, it is in vain for ministers to think that an arbitrary Government, either in New South Wales, or any where else, can exist with any credit to itself, or any confidence in the people. If the Govcnior is to act in an arbitrary manner, in levying and disposing of the public imposts, or in any other measure of administration, the j)ress, when allowed to work freely, will sooner or later undermine the authority of the Govennnent. If, on the other hand, the Governor is not to act in an arbitrai'y raauuev, but (1 the nobh* licli lie hiul 7 wishes to manifest impartiality in the dis))osal of ofliccs, and strict integrity in the ap])lication of the taxes, why shotdd it fear the presence and fellow- ship of a re|)rescntative assembly, which, in sanc- tioning the measures of CJovernment, divides the re- s]»onsibility, and ensures to it a larger share of confi- dence and efficiency ? N"or, in reference to the other two Colonies, of which we have already si)()ken, viz. the Mauritius and the Ca])e of Good I J ope, can we see, why they should be de])rived of those political privileges, which have already been awarded, and with so much benefit, to New South Wales. Their greater importance, both on account of their j)roximity to India, and of their fertility, commerce, and popu- lation cannot be doubted ; nor will it be denied, that the society at both of these places is at hiast inpudly intelligent as that at New South Wales, where, as Mr. Iluskisson stated, a great majority of the in- habitants are convicts ; and when, lastly, we con- sider the more frequent examples of mis-government, both at the Cape and the Mauritius, we cannot but admit, that if it has been thought expedient to intro- duce an unrestricted liberty of the press, and trial by jury at New South Wales, there are still stronger reasons, why tliese organs of political security and control should be also established in the former. It would be easy to justify and enforce the claims of every other British Colony still under the ban of political disfranchisement, in the same manner as we have humbly attempted in reference to the Cape of Good Hope, the Mauritius, and New South Wales. But it is unnecessary to add further illus- trations of the general principles on which our argu- I 1! ''i inrnt in (avoiir ol' toloniiil roprescntatioii is louiulcd. ihw word, however, on tlic state of another Colony, vi/. ('eyh)n, on account of tlio opinions and ])rac- ticiil knowledge of an indivichiul who had ain])lo means of knowinj; its con(htion, and su},'jj;estinf^ \\hat was best adapted to in)])rove it. Thero is, probably, no j)erson who has bestowed p^cater atten- tion on the affairs of this Cohmy, in the lionest tlcsiro of enlumcin^ its importance and i)rosperity, than Sir Alexander Johnston, the present Vice Pre- sident of the Royal Asiatic Society. From havinf^ been President of his Majesty's Council in the Island, and long a resident there, he possessed the most ample means of becoming acquainted with the habits and feelings of the natives, and the grievances of which they had cause to complain. In consequence of the representations made by this individual, much was done to improve the agriculture of the country, and give relief from various obnoxious taxes ; and the important privileges of sitting upon juries, and being tried in all criminal cases by juries of their own countrymen, rights never before enjoyed by any native of India, were gi'anted to all the natives in the island of Ceylon ; and the intelli- gence displayed by Ihem in questions of Hie and death, leave no doubt that they ore equally worthy of, and qualified for the possession of other no less im- portant privileges. But in this, as in most of our other oriental dependencies, there is still, unfortu- nately, no freedom of the press — no representative assembly. Yet, during the possession of this Island by the Dutch, there did exist, in one province of the island at least, the semblance of a constitution, Si» in founded. luT Colony, and ])riic- had uni])lc snf,'j^i's(ing There is, eater atten- Ihe lionest prosperity, ; V^ico Pre- •oni havinf; cil in the sscssed the d with tho I grievances onscqucnce individual, urc of the obnoxious Lting upon cases by ver before ited to all he intelli- lifc and worthy of, 10 less im- 3st of our unfortu- 'esentative lis Island ovincc of nstitution, in the form of a le^islalivc eouueil, calh.-d tht; Staatsv('rga«lerun}(, very similar to that wliitli had prevailed at the Cape of (mkxI Mope. 'I'his legislative council gradually fell iiilo disusi; ; and it was not till the year 1801), when Sir Alexander Johnston was in Cevlon, that the ihen (Jovernor, by his advice was induc(!d to re-establish in tho province of IJattieola, this ancient iuslitution. At the same time. Sir Alexander .lohnston, having con»o to England at the recpiest of the (Jovernor, lor thc! I urpose of proposing to the Secretary of State for the Colonies, such changes as he might think a•' ■ II i |j |p; I >i i wpn \ t i Lomtovi'. Printed by B. CUrkx, 9, Warwick Sqnare. •s»S I who is aliVe to tlie welfare of Its ^^^^b- re; one, who justly ional liberty, would owe allegiance to B Member of Par- j the cause of ^e Buid forward as the id privileges, which ; of the British con* be the birthright of ccountably withheld 1 some more distant le advocate of such y his exertions, the displeasure of some n, what to an honest ard, the gratitude of Wiiose wrongs he has aess he has founded ■^■ arwick Squwc.