their manifest incapacity to control the masses, or limit the excesses of an otherwise licentious, corrupt, and unrestrained population, but more especially, in the essential nature of the elective principle introduced into every department of the internal government of the country, which places the entire executive authority at the mere will and beck of an oscillating and heartless mobocracy. It were impossible, we assume, that these excesses could ever take place, or continue for a season, were the laws but properly and efficiently administered-if punishment was the certain consequent of crime, and the mere will of the many to cease legitimizing the most daring acts of wickedness and insubordination. The extreme weakness and incapacity of the executive in this respect-its utter inability to protect the peaceable and honest citizen, or to punish the guilty, has heretofore lent an undue sanction to these enormities; and though Americans in their foolish pride, and affected notions of superiority, are loath to attribute these every day scenes of iniquity and brutal outrage to this selfevident and very palpable cause, that extends immunity to crime, in proportion to its atrocity and daring, will in the end, find their only hope in a return to any permanent state of social order and of peace, in a total reconstruction of their present form of government, and an entire remodelling of the institutions under which they live.

CHAPTER VIII.

The late Rebellion in the Canadas -Fixed hatred of Americans to British name and British influence-Papineau and McKenzie parties-The Hunters' Association-Proclamation of President Tyler directed against them -Their organization and extended ramifications-The late Canadian border troubles-The burning of the steam boat Caroline-The character and undefined nature of American international law-The Federal Government and State of New York at issue on important legal questions arising out of these proceedings-The Act of the late Session of Congress 1841 and 1842, entitled "An Act to promote further remedial Justice in the United States Court," intended to supersede the jurisdiction of the several States in matters of this concern and invest same in the Federal Government-The unconstitu tionality of this Act demonstrated, rendering it inoperative and void-Jurisdiction belonging to individual States to take cognisance of offences committed against their soil and territory, in no wise affected by this Act-The great international importance of the principles involved in the case of the Caroline-The yet probability of future difficulties arising thereout between England and United States-Trial of M'LeodHis want of firmness and moral courage-Views of President Tyler declared in his annual message to Congress in 1841 -Dissent of the Governor of New York from the principles advanced by President Tyler-The yet embarrassing and unexplained condition of American international law in this respect.

WERE the consequences of this anomalous condition of domestic government, confined in its immediate influence to the citizens of these States, who

must be supposed to hold the remedy in their own hands, and from whom any change in their domestic legislation can alone emanate, it could scarcely come within the province of any other people to except to whatever they may choose shall regulate their social system, or otherwise interfere with whatever municipal rule, they may think proper to adopt for their especial government, that more immediately belongs to their own supervision, and with which no other people can reasonably interfere. But their position is rendered somewhat different, when the peace and harmony of other nations become affected by their social disorganization-when the safety and wellbeing of bordering states become menaced by the lawless incendiarism-the continued and unrestrained violence of their citizens, over whom their municipal laws possess no immediate influence, or are neutralized, in the impotency or utter incapacity of the general government to enforce them.

These "salutary demonstrations of public opinion," as they are generally called in the United States, if confined to the American soil, might very well be left to the American citizen for ultimate correction. But the zeal of our transatlantic neighbours finds some difficulty in restricting its sympathies to their own citizens, or confining their exertions within the reasonable limit of their own territory. The settled forms of a monarchical government, in close proximity to their northern shore, are too restricted in their notion-far too circumscribed, for the enjoyment of that universal freedom of thought and

IN THE CANADAS.

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action, which rests in the exemption of all control, beyond the paramount authority of the mere transient opinion of a turbulent and unsettled population, and which the abettors of this system inculcate, as the supreme authority in all matters of civil government. Hence, many of the lamentable and sanguinary conflicts, that characterized the late unfortunate outbreak in our Canadian possessions in 1837, which humanity must ever deplore, and which if not altogether owing to the promulgation of these, and such like extravagant opinions, are mainly indebted to American sympathy and exertion, in nurturing into some kind of vitality and form, as well for their further, though shortlived existence.

To the energetic measures adopted by the British Canadian Government in 1837, is in great part to be attributed the very sudden and unexpected development of those plans of insurrection, though scarcely then matured, and that involved these provinces in open rebellion with the mother country. The friends of anarchy and disorder throughout the United States, the numerous citizens in every part of the republic, whose fixed hatred to British name needed no other stimulant, to take part in any popular commotion directed against British supremacy in these colonies, were equally taken by surprise, and were found in every way unprepared for this sudden emergency. There existed no previous sympathy, or concert between them and their Canadian neighbours, that might

otherwise have induced the latter to seek support from the United States, or come prepared to this struggle for their independence, with whatever of assistance the deep-rooted jealousy of their American friends, might have brought to their aid. The outbreak was sudden and unexpected, without sufficient of organization, or matured judgment to render its success even problematical; for there existed between the disaffected French Canadians of the lower province, headed by Papineau, their declared leader, no possible identity of feeling, of principle, or motive with their American neighbours, at least, infinitely less so, than with the loyal British of these provinces, who were altogether opposed and arrayed in direct hostility to their pretensions. Neither was there any fellowship, or intimate communion subsisting between them, and the McKenzie party in the upper province, who were excited by other motives, and urged on by very different anticipations.

The public mind in the neighbouring States, had scarcely recovered from the surprise that these sudden and unexpected events had excited, when advances were made, by the entire American border population. Money, arms, ammunition, and warlike stores, were offered in the promotion of this newly projected scheme of Canadian Independence, that suggested to the American, a wide and productive field for his cupidity, and the improvement of his fortunes, by the chance means that an insurrectionary movement of this kind