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to prevent the disgust arising from the uniformity of nourishment. The representations of the Pythagoreans respecting the noxious and debilitating effects of animal food are the mere force of imagination. If the experience of every individual were not sufficient to convince him that the use of animal food is quite consistent with the greatest strength of body and most exalted energy of mind, this truth is proclaimed by the voice of all history; a few hundred Europeans hold in bondage the vegetable-eating millions of the East; experience shows us that the constant use of animal food alone, is as natural and wholesome to the Esquimaux, the Painodes, the inhabitants of Terra del Fuego, as the most careful admixture of vegetable and animal matter is to us. The Russians, who winter on Nova Zembla, are obliged to drink fresh rein-deer blood, and eat the raw flesh in order to preserve their health. The Greenlander and the inhabitants of Archipelago, between North Eastern Asia and North Western America, eat the whale often without waiting for cooking. They bury the seal under the grass in summer, and snow in winter; and eat the half frozen, half putrid flesh, with as keen a relish as we do the greatest dainties. They drink the blood of the seal while warm, and eat dried herrings moistened with whale oil. In the Torrid zone the case is different, circumstances are very unfavourable for raising flocks and herds, which would be necessary to supply the numerous population with animal food. The number, fierceness, and strength of beasts of prey-the periodical alternations of rains and inundations, with the long-continued operations of a vertical sun, whose direct rays dry up all succulent vegetables and all fluids, are the principal and insurmountable obstacles. The deficient supply of flesh is most abundantly compensated by numerous and valuable vegetable presents, by the cocoa-nut, the plantane, the banana, the sago tree; by the potatoe, yam, cassava and other roots; by maise, rice and millet, and by an infinite diversity of cooling and refreshing fruits. By these precious gifts nature has pointed out to the natives of hot climates, the most suitable kind of nourishment; here accordingly, vegetable diet is found most grateful and salubrious, and animal food much less wholesome.

"Thus we see in temperate regions all kinds of animal food can be easily procured, and nearly all descriptions of grain, roots, fruit, and other vegetable matters, and, when taken in moderation, afford wholesome nourishment: here, therefore, man appears in his omnivorous character. As the physical composition of his frame enables man to occupy every variety of climate, soil, and situation, it follows, of necessity, that he must be omnivorous, that is, capable of deriving sufficient nourishment and support from all kinds of food. The power of living in various situations would be rendered nugatory by restriction to one kind of diet. If the practices of savage and barbarous people are to be the criterion, we must deem it natural to eat earth, for the Ottomaques, on the banks of the Meta, and the Orinoca feed on fat unctuous earth, or a species of pipe clay tinged with oxyde of iron. The same practice has been observed in other places."

PARLIAMENTARY TOPICS.

I. SERJEANT TALFOURD'S COPYRIGHT BILL.

There was in the country of Anywhere, which from time immemorial had received for water only the rain from heaven, a man who one day, by accident, discovered on his estate a living spring in the bosom of the earth. Having opened it, and formed, with cost and pain, a well for its reception; in the benevolence of his heart he was wont to suffer his neighbours to fill their buckets thereat, and to bear them away; for which benefit a gratuity was willingly rendered. But, after a few years, one of his stronger neighbours taking

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advantage of his absence, and subsequently of his death, seized possession of the spring, and sold the water at a cheaper rate, which he might well do, not having been at the expense of sinking the well. The owner coming back, managed however, to recover its enjoyment; but, after his decease the invader of his property, assisted by the neighbourhood, excited by the cupidity of having cheap water, again claimed the well from his wife and family, and succeeded in reacquiring the use and profit of the spring. Hereupon the case was argued before the judges; and the rights of the family in favour of their private property were asserted against the extravagant claims of the usurper and his abettors. Quoth the judges, There being no statute-law on the subject, it is clearly a case for the common-law-if it can be at all brought within its jurisdiction.' But then arose the question, What is the commonlaw?' and all answered It was the unwritten-law of the realm.' Unwrittenlaw! how then determined and identified?' And one half of the judges said "By tradition from time immemorial' and the other half of the judges said, By right reason at all times.' Thereupon the judges debated the matter; the former enquiring if tradition could trace in the earlier periods of it ne precedent relating to the finding of water in the earth, on the finder's own estate, or in any other way. To be sure not,' replied the latter; 'because in those periods, there was no water found; and therefore, in the consideration of the matter, we must act as our forefathers in those periods acted, when a particular case came before them for the first time, as cases of all kinds must have done some moment or other; that is, decide according to the right and justice of the thing, on an appeal to the common reason of those appointed to judge. Common-law' said they, is in fact common reason; and common reason is common-law.' 'No,' replied the other, it is tradition; and tradition not having given us a precedent in this matter, we decline deciding on it.' Whereupon the subject was referred to the higher tribunals of the realm.-And they? What did they? Why-they decided the case, neither by tradition nor by reason; but, striking an arbitrary mean, deprived first the rightful owner of the estate and spring of his freehold tenure altogether; which estate, if he had not benefited his kind by discovering the spring, or if when he had discovered it he had concealed it by building a house upon the site, or by not permitting his neigh. bours to participate in the advantage of it at a charge always infinitely short of the benefit partaken, he might have retained for ever and a day. I say, they deprived him of the freehold estate, in the very spot of ground itself where the spring emanated, and which had he been base enough, he might have preserved by an act of selfishness; and then mocked him by granting him a leasehold estate in it for a brief and inadequate period, after which any villain who chose to rob him of the land and the spring, had full licence to do so expressly given to him by the law of the land! But the manifest injustice of this decision led to much wrong and suffering, and complaining. Appeals consequently were from time to time made to the legislature for an extension of the term, or for a recovery of the full right in perpetuity to the heirs and successors of the first owner; such law to extend to all cases of discovery and inventions whatsoever.

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Such, as it appears to us, is the condition of the law of copyright as it now stands; the injustice, however, being immensely aggravated by the peculiar character of the property interested. We regret that Serjeant Talfourd's professional duties prevent him from urging the third reading of his bill, until after Easter. After the sentiments uttered by us on the theme, in the second part of The Pleasures of Genius, it is needless to add here, that we wish him success. We trust that it is not necessary to go now into the argument at full on the grounds of expediency, as well as those of justice. If it were so, we should mach lament our deficiency of space on the present occasion. We will not, however; being strong in the faith that justice will always work out its own expediency, and that it is only necessary to make the English public understand on which side justice lies, to ensure their sympathy for the right, the good and the true.

案 11. CANADIAN SQUABBLES.

LORD DURHAM's Report to Her Majesty after he had resigned his office!— What were the terms of the royal commission whereby he was appointed? It directed him to "inquire into and adjust all questions depending in the said provinces not to inquire into and report upon them. More easy to sit down snugly in Cleveland-Row, and write about the grievances of a people, than on the other side the Atlantic to cure them.

But let us examine of what stuff this "posthumous Report" (as one of our contemporaries called it) is made. His lordship tells us that the war in Canada is a war of RACES not of PRINCIPLES; Frenchman versus Englishman. But it would appear, to our humble understanding, that such a feeling, if it ever existed, would have shown itself most strongly when the English first obtained possession of Canada, but his lordship, as if to prove to us that

"There were more things in heaven and earth Than are dreamt of in our philosophy,"

tells us that this animosity has only lately broke out-that in "auld lang syne" the natives of both races used to intermarry one with another, although such marriages were at present rare. Now we should, in our simplicity, have thought, that as such "frequent" intermarriages would have served to blend the two races into one, the French would by this time have been more indisposed to quarrel with the English than ever, being joined with them in the bonds of relationship; or, that at least a third race would have sprung up. But no! in spite of all these intermarriages, &c. &c., "the French," says Lord Durham, "are now more incensed than ever against the English." Query,With whom did the issue of these various intermarriages, as they did not form a third party, side?

Furthermore, his Lordship, as if to show that it was below the dignity of a "Lord High Commissioner" to be consistent, says, in page 14, that "it was not until within a very few years, as was testified by persons who had seen much of the country, that this society of civil and military functionaries ceased to exhibit towards the higher orders of Canadians an exclusiveness of demeanor, which was revolting to a sensitive and polite people;" from which we are to infer, we suppose, that while treated in a manner "revolting" to a "sensitive and polite people," such as these French Canadians were, they showed no antipathy to those who thus insulted them; but that directly the English officials treated them as a "polite and sensitive people" ought to be treated, they began to conceive a violent hatred against these same functionaries, for conceding so much to them! It is quite plain that all our European rules are reversed at the other side of the Atlantic-a poignant reason, my lord, why our colonies, there situated, should be separated from the Mother country.

As we proceed, however, the monstrous inconsistency of this puerile production becomes more and more apparent. In page 17, Lord Durham talks about "the rarity, nay, almost total absence, of personal encounters between the two races; their mutual fears," he says, "restrain personal disputes and riots, even among the lower orders." And why, forsooth? Because the "lower orders" of Canada are a very self-denying set of folk. They are not afraid of being sent to gaol by the police-but "the French know and dread the superior physical strength of the English in the cities; and the English in those places refrain from exhibiting their power, from fear of the revenge that might be taken upon their countrymen, who are scattered over the rural parishes." What a prudent and thoughtful class of society are these same lower orders of

The Report on the Affairs of British North America. Presented to Her Majesty by the Earl of Durham, Lord High Commissioner, &c. &c." A Narrative. By Sir Francis B. Head, Bart. Muiray. 1839.

N. S. VOL. I.

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Canada! Such a motive would not sway the lower orders at home-but when John Bull crosses the water he does funny things. Let us nowturn to page 15, where his lordship overthrows his own theory of the pacificity of the lower orders, and there we have something about the "antipathy of the working classes;" and we are informed that when "once engaged in the conflict their passions were the less restrained by prudence* and the national hostility now rages most fiereely between those whose interests in reality bring them least in collision." In Montreal and Quebec there are English and French schools; children in them are accustomed to fight nation against nation, and the quarrels that arise among boys in the street usually exhibit a division of English into one side and French into the other." Yet these are “no personal encounters."

We believe it to be completely out of the power of man to write a more contradictory sentence than the following, of which each line contradicts its fellow :

"Religion formed no bond of intercourse and union. It is indeed an admirable feature of Canadian society that it is entirely devoid of religious dissensions. Sectarian influence is not merely not avowed, but it hardly seems to influence men's feelings. But, though the prudence of both parties has prevented this fruitful source of animosity from embittering their quarrels, the difference of religion has, in fact, tended to keep them asunder; THEIR PRIESTS HAVE BEEN DISTINCT THEY HAVE NOT EVEN MET IN THE SAME CHURCH."

We believe it is a rule in the practice of medicine, never to acquaint the patient with his danger-in order to be able to perfect a cure, the physician endeavours to inspire the sick man with favourable hopes. He does not come into the room, feel his patient's pulse, and then gravely tell him he must die; if he did, we think then his prophecy would soon accomplish itself. Lord Durham was the physician appointed to heal the diseases contracted by Canada-and how does he set about his work? Why, by declaring that never, during the present generation, can the animosity of the two races be quieted; thus holding out to the Canadians the pleasant prospect of interminable brawls, wars and troubles. Is not this the way to perpetuate the antipathy, or war? or create it, even supposing it had not before existed.

But enough of Lord Durham, and his "Report." We almost grudge the space that we have expended in exposing some few of the fallacies which it contains, so worthless is the production. It has led, however, to one good effect, namely, the publication of Sir Francis Head's dispatches-a book worth fifty Durham Reports.

Sir Francis Head was a Commissioner of the Poor Law before it pleased Her Majesty's Ministers to make him Governor of Upper Canada. Previous to his appointment to this station, he says, that he had never been connected with politics-had never even voted at an election; and was as ignorant of Canadian affairs as any poor wight could well be. Now it must be plain to the meanest capacity that the ministry would never have selected such a man, if they had not wished, in vulgar parlance, to make a "cat's paw" of him. A poor half-pay major, living in Romney Marsh, would never have been appointed to an office of such responsibility as the Governorship of Canada is, if his employers had not had some sinister ends in view. This fact is more apparent, when we consider the beggarly manner in which he was sent out; Not only was he to receive 500l. a year less salary than his predecessor, but was also to forfeit his half-pay, as major in the army, to the government. But this was not all-the new governor was not to be allowed an aid-de-camp, although all his predecessors had had one. Sir Francis very properly demurred to being thus sent out to rule a "disturbed" colony, with such diminished means; but the only reply which Lord Glenelg vouchsafed to his representation "There is much truth in what you say." At last, however, after con

was,

Yet, in page 17, one would have thought them sages.

siderable difficulty, Sir Francis was authorised to appoint Lieut. Halket, of the Coldstream Guards, as his aid-de-camp.

There was also some further pother about Sir Francis's official expenses, which was settled, by the government sending down, on the morning of his departure, 300l., but of which he was told " 230l. must be retained for the fees of his commission."

Thus, with 70%. in his pocket, Sir Francis set off for Liverpool, and he was on board of the New York packet, which was actually moving out of the harbour, when an official letter was handed to him, cancelling the appointment of his aid-de camp!

We will now pass over many other occurrences, and jump at once to his arrival at Toronto, "the sonorous name of the capital of Upper Canada."* Now a certain Mr. M'Kenzie, who had been originally a pedlar's boy, but who by degrees had brought himself into notice, by the extraordinary talent he possessed of inventing gross falsehoods, was the author of a certain book of "grievances" to which Lord Glenelg particularly directed the attention of Sir Francis Head. But when Sir Francis had a private audience with Mr. M'Kenzie, his mind seemed completely to abominate its contents. Afraid to look the governor in the face, he sat with his feet not reaching the ground, and with his face averted at an angle of about 70 degrees; while, with the eccentricity and volubility, and indeed the appearance of a madman, the tiny creature raved in all directions about grievances here, and grievances there, which he said the Committee had not ventured to enumerate."

"Sir," exclaimed Sir Francis, pointing to the book before him, "Let us cure what we have got here first." But no! nothing could induce this pedlar to face his own report: and Sir Francis soon found that "the book" had the same effect upon all the republican members; and that, like the repellent end of a magnet, he had only to present it to the radicals to drive them from the very object which Her Majesty's government expected would have possessed attraction.

Sir Francis thus found that this said book, which such a fuss had been made about at home, was nothing more than a mere bug-bear-meant to frighten the ministers, but of no force or validity whatsoever in Upper Canada.

Although the well known blue-bound grievance.book, which the governor constantly kept upon his table, acted as a talisman in driving from him the republican party, who apparently could speak no language but that of indefinite complaint, yet he clearly foresaw that they would not long submit to be thus easily defeated. Although nothing but polite expressions had passed between them, it was perfectly evident to Sir Francis that the republicans were severely mortified at being, on all occasions, "brought to book;" and that as their case had thus become desperate, they were not merely waiting, but were eagerly seeking, for an opportunity to pick any fresh quarrel with him that would enable them to join with Mr. Papineau, and the House of Assembly of Lower Canada, in open rebellion. Accordingly, from the following dispatch, it will appear that before he had been three weeks in the province their skirmishers began to advance.

"Government House, Toronto, Feb. 15th, 1836. "MY LORD, I have the honour to enclose to your lordship, an address which I have received from the House of Assembly.

"Your Lordship will perceive, that it was moved by Mr. M'Kenzie, with the object publicly to extract from me my opinions on various subjects, which have long been violently agitated in the house by himself and others, and that in order to give unusual publicity to the address, 2000 copies have been

The phrase used by Mrs. Jameson, in her "Summer Rambles and Winter Studies, in Canada."

+ Mr. M'Kenzie's work purported to be drawn up by a Committee.

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