Kingston Chronicle (Kingston, ON1819), February 28, 1829, p. 1

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kingston v fc chronicle nec rege nec populo sed utroque vol x re saturday february 28 1829 wo xxxv poetry tothe virgin from the spanish of the archpriest ofbita by j g lockhart of all my ways bo thy sweef grace the gaol of all my days thine lady thecontroul i faio would raise life prayer and praise to thee oh cleanse my soul great faith is mine id thee lady iu thee for love benign still fills these eyes for me while thus they shine ill neer repine whatever ray woes may bo star of the sea fountain and spring of light that setstus frco from all the fears of night in misery i call on thee look down from heavens height literary from the london litrary gazttie hungarian tales by tho author of the lettre de cachet 3 vols l2mo london 1829 saunders and otley our favourable augury respecting these hungarian tales has been realised the author is fortunate to a picturesque and o- riginal groundwork and the only want we discover in her treatment of it is a want of condensation or perhaps we should rather say of that dramatic interest which is the result of close opposition for example io the first best tale cassin we lose sight of one prominent personage after another and they do not reoccupy the scene again trll they are forgotten and only forced in to termiuate the windingup ind bo ac counted for at the finale tnat finale by the hy appears rather absurd for our lite rature whore we do not remember having met with so conclusive an incident as that of knocking out the brains of an adversary yet is the story an extremely interesting one and lolina tho heroine uu exquisite piece of female portraiture of the bal- sauisellerof thurotzer we have the same slight complaint to make that it is a little spuu out but still it contains some pictu resque and redeeming passages while the hungarian gipsy is a very prettily told tale of theso productions generally it maynot be amiss to quote what is set down in the preface toe hungarian nation ancient and picturesque and peculiarly characterised as it is appears to be at present little known and perhaps still less cared for in england our iodifforence is singularly ungrateful for there is scarcely a europe an couutry in which the anglomania rages more fiercely than iu that slighted land the jiuiuxaniaojsnreibnd of attempting to prove a national resemblance between themselves and the english although as a wreck of absenteeism ireland might surely afford them a closer parallel but all who are acquainted with the morgue and pre sumption of the magyar character can ap preciate the compliment intended by the expression ofsuch an opinion the eng lish language has been of late years exten sively cultivated among the higher classes and the names of our popular writers and artists have become familiar iu their mouths as household words the por traits of scotl and byron and engravings after the works of vilkie and hnrlowe are amongst their most common domestic ornaments i should however be under- stood to allude simply to the inhabitants of their chief cities ofpresburg pesth ofen or caschau for the provinces still remain in the lowest state of roeutal and moral de gradation at the university of pesth there is a professorial chair for the eng lish language with a liberal eudowmeut it is at present filled by an intelligent frenchman a soldier of napoleons army who has compiled in latin for the use of the students an english grammar die tionary and other classbooks which have been honoured with the commendation of the critics of gottingen the works first placed io the hands of the scholars of pesth are the vicar of wakefield and shakspears comedies but the writings of scott by ron and moore with some of our best pe riodicals are in extensive circulation and i had the gratification of finding in janu ary last the keepsake and forgetmenot of the new year on the counter of a book seller at pesth where as the last fashion able novel i was presented with lord norinaubys matilda nor are our manu factures less appreciated i noticed that bohina or english bobbinnet was lavishly distributed upon the dresses of the recent carnival and that iho price of five hundred florins munz or fifty guinies was affixed to a set of staffordshire crockery in a ware- bouse in buda while the roost beautiful vienna porcclaiu was valued at a third of the sum the sign of the english lord adorns several distinguished tailors shops jo the capital typified by the effigy of a fin gay boldfaced villain in topbootsa jiuntingfrock aud a brown beaver or io an imitation of werthcrs costume our extracts shall essay tosliew as much as may be of hungarian peculiarities and characteristics thus the palace of the countess lingolski 44 if the lingotskische scbloss on the plater see had surprised her by its air of graudeur the rude- desolate splendours of szent miklofl oppressed her with a sense of loneliness painful to her feelings the palace although of stupendous dimensions and befitting the princely estate of which it formed the central poiut did not strike her by any unusual shew of dignity when viewed from the glorious avenue by which it was approached for maoy leagues but as thedistance save way the whole edifice with its turrets and bartizans and over hanging galleries burst upon her sight with the lingotski bodyguard of hussars drawn up in splendid array upon the glacis and a countless multitude of vassals lining the road and apparently marshalled by military discipline to salute the arrival of their lord they crossed the drawbridge and the broidered banners of his regiment were lowered as the carriage entered tho court yard and drew up under the stone arcades of the hall of entrance the groined roof of which rested upon massive columos of red granite the household headed by the hofnehter of the estate accompanied by the chief engineer of the mines and by two resident professors of medicine and na tural history was assembled to greet with humble deference the first appearance of ihn fcaiirm nruh uiujptfcwi inibiha nun steps of his bride through long files of vas sals and dependents into the great saloon which despite the mirrors aud statues and tapestries with which it was adorned look ed like the awful and uninhabitable vesti bule of an enchanted castle ioliua half shuddered as she turned into the deep em brasure of a window to gaze upon the boundless prospect that lay beneath she perceived that avenues similar to that by which they had reached the palace served as approaches to the three opposite entrances of its quadrangle and the mighty cross of foliage formed by their junction afforded the only shew of verdure visible for many miles a rich bank of forest seemed however to rise in the dis tant horizon towards a chain of hills form ing a principal pass into transylvania and known as the brazen door and aslope covered with vineyards oppeared to ter minate the chain still nearer to szent mix los but neither copse nor bushy diugle nor isolated groups of massive elm or oak varied the monotonous but fertile plains on a knoll of which the palace was situat ed aud which lay around it in vast and al most uninhabitable dreariness there were pastures it is true alive with cattle forty feeding like one there were en closures of mighty extent from whose stub by surface the shocks of corn had been but recently removed and some still wider to which the decaying stalks of the tengeri buza or maize imparted a most dreary as pect but excepting unto those who drew their revenues from the mighty fertility of the land those who saw the sunrise upon its vastness and knew- themselves lords of the fowl and the brute sheltering in its deep ravines or darkening its spreading lakes the uninformed expanse couveyed no pleasurable sensatibus ft wanted tlie vi vifying impulse of a free and prospering population it wanted a shew of happy hu man growth to strength n its appeal to the heart for although the labourers who were seen scattered oo the plains sonic- busy in tillage someioguardiog the flocks some spear in hand driving herds of woolly turkish swine towards the forest or bringing homewards from its dark reces ses droves of milchbuffaloes although they bore no manacles on their limbs nor were overlooked by a scourgebearing over seer yet the impress of bondage and de gradation was as plainly marked upon their swart foreheads as if the scene of their labours had been encircled by carib bean seas and thus the landscape bor rowed no enlivenment from its living fea tures saving the eagles which were wing ing their lofty way towards the distant mountains or a solitary bustard following their flight at a timid interval there was not a single free or happy thing visible be tween the parched earth aud the clear blue sky as a contrast we take a hungarian din ner in low life the tureen smoked auspiciously and a dish of the limbs of fowls delicately crum bed and fried promised well when flavour ed with lemonjuice and the brightred na tive paprika an excellent substitute for the coarse pepper used in the empire the bread was fresh and light an important point to those who have been condemned to ieed upon the heavy yellow loaves full of aniseed and glaxed with glue which prevail in the austrian states and above all a wellcobwebbed bottle of matthiass supernaculum stood beside the pile of plates the stranger had scarcely seated himself hefore his rep st when a band of zigtuntr who were passing through the village hav ing noticed the lights still burning in the sgo7 entered without further invitation and established themselves in the back ground for the performance ol one of their sijgular concerts a dulciner two violins a roonochord and a bass were the instru ments employed all of their own manu facture and without the least knowledge of counterpoint or of music as a science they contrived to maintain a verv decent degree of harmony each in turn improvi- saiing a variation upon tho motive sustain ed hy iho others a very beautiful and cha racteristic national melody on the con clusion of their concerted piece old matthi as who was vain of his daughters talents and sweet voice desired one of the violin ists to repeat alone the accompaniment of tho same air which he called upon suzsi to sing in her best manuer for the enter- iajuiiievt of his guest the young girl unused to disobey came forward without delay or affectation and save that she held the corner of her plaited apron for support and countenance without any re markable shew of timidity her voice was sweet and touching and after breathing a prelude whose tripled notes closely resem bled tie call of a quail she proceeded to sing lie following hymn 44 what lowly voice repeats with plaintive wail ama deum deum so dugs amid the corn the lowly quail 4wa dtumama deum there crouching iu her loneliness herreeble accents humbly bless the giver of the fields around oh let me breathe the same soft sound ma deum ama deum list as the evening 6un sinks low and dim ama deum ama deum the patient quail renews her vesper hymn ama dtumama denm watching beside the turfen nest vhvtin her callow fledglings rest there as j bcud my wandering feet let me her holy strain repoat ama deumtama deum suzsi who in the interest of her song bad lost the coy shyness arising from singing it to a stranger had dropt the protecting cor ner of her apron while she sweetly repeat ed the triple notes which were modulated so as lo imitate the quailcall with remark able exactuess the above song is sung by a young hun garian thus described suzsi the heiress of the bluebedgchog was one of the fairest gentlest aud most popular damsels io the county of gran the triu ness of herturned figure derived acoquettish airiness from the dark hunga rian jacket jingling with silver buttons which was closely fitted to her slender waist and her glossy hair was braided with a nicely aud elegance which accounted for the ahscucc of the knotted kerchief that ought to have completed her costume of the infanta of presburg we cannot speak aj being above the ordinary level of such narrations but looking at these three volume en masse we can very safely re- cemmeffd them as well worthy of the at- tcutiou rtfour readers they possess much ofnuvcify and belong to an order which is likely to be continued and improved ei ther by their author or by other literary ta lent 4s a beginning the present work does great credit to a female pen and is well calculated to entertain a numerous body of readers in these holyday times domestic provincial parliament of upper canada thk attorney generals speech in answer to dr baldwin concluded the next grievance is tbc occasional ab- seucc of the judges on this he the ag would remark that it is quite a new idea that in this colony all the judges are ue- cessamlly always to be present whether sick or well it was not so formerly and yet the hon member did not discover that it was an intolerable grievance in eng land we constantly find that one or more of the judges are absent from sickuess or other causes the reporters sometimes in form us that a chief justice ora jude was absent during the term at baij for his health c he recollected when mr justice richardson was travelling in italy for the same cause during his visits to england he had met there not merely the former chief justice of this province but the chief justice of lower canada the chief justice of new found land and of new south wales and tho principal judge at ceylon all absent on leave in the state of newyork the hon member would see it provided by statute that when none at the four judges of their supreme court could attend the clerk should adjourn from day to day till some one judge attended if the absence of one judge in this pro vince left too ftw remainiug that arose from our statute not providing for the ap pointment of a sulhcieut number fa low er canada they have 11 or 12 judges in this province more extensive and con taining a large population we have hut three the law allows no more and when he tho a g had suggested in thin house in a former session that we should have more he found that suggestion resisted by the vgry members who are now complain ing the present chief justice mr canp hell bad been on the bench since 1811 tnore than 17 years and never had obtain ed lehve of absence fur a single term or omitted in that whole time to prefi rm his duties on the circuit it was strange that bis absence at an advanced age under the pressure of infirmity should he made the occeii of reproach to the government ortoilat msi upright and respect le judge the lion member had uot scru pled to say that the chief justice had pre tended to he ill in order to avouhis duties it was an ungenerous and unfunded as sertion no man was ever morg- firm and constant in the performance ol his doty than mr campbell or less mindful of per sonal risque or inconvenience of any kind hnd such remarks came with at hi grace from a member of the barwheu they were urged with the mere hope of thir contri buting io an irregular discussion to excite clamour and dissatisfaction for diner pur poses it was true the hon msinbcr had applied to the lieutenant governor to withold from mr campbell an indulgence which all other public officers had at some time enjoyed and he knew also from the chief justices own statement tl that ap plication had been communicate m him and that upon his declaring to tie gover- tnat up that if i nor that it lie remained his heati would most probably not admit of his attending in court and that a strong necessfy existed for his undertaking the voyage without de lay his excellency did not tiling it just to detain him the hon member had compjjped of tho complaisance always shevu u t court to the crown officers tythe hon member had attended courts in england he must have witnessed with satisfaction the complaisance shewn hy the judges to the bar as to there being any listiuaiou here ij favour of the crown officers it was too absurd to talk si riously of tin mutter iwttr njunriojujty wowo ml lic lion member merely manifested a suspicious jealous temper when he made the remark whenever any barrister was so pertinaci ous as to persevere beyond the bouuds which decorum and respect must prescribe he wasof course checked and the hon member will knew that in this respect crownofficerswere treated as other mem- bersof the parhc r us edit was not his dis position to offend in this way but he could remind the hon member of crown offi cers and of one iu particular in times past who was constantly complaining of the judges and declaring that his clienrs were sure to lose their causes if they gave them to the attorney general in desjardens case which the hon member had dwelt upon with such singular injustice he hfi surely not forgotten that the c justice who tried thecause was evidently against his the a g client though two special juries of the district came to a different ronclusi on and in this same cause the hon mem ber could not have forgotten that when he the a g had obtained for his client a verdict of acquittal in a very hard action a new trial was granted by the com whose decision in favor of the hen men bers motion on tht occasion he the 4 g found it difficult to reconcile with eng lish authorities though he was not so nv charitable as to imagine that in deciding 4 gainst him the judges acted otherwise than they conscientiously thought to be right the hon mimhcrs remarks about th disposal of claim on forfeited instates w io the same strain of palpable injustice wiih this addition that though the decision he complains of took place 7 or 8 years fe go and the hon member was some yeafe afterwards in parliament he reserved it fo this time to convert them into grievance and took no measures for legislative reme dy whatever amendments or alterations had been made in the law had been intro duced by himself the a o and were all calculated to make the proceedings less ri gorous then says the hon gentleman the navigation acts of england were grie vously wrested to apply to this colony and the atty general is the guilty person he influeuces courts and judges and mr crooks an inhabitant of this country has been oppressed in consequence by the navigation act the hon m- clearly meant 7 and 8 win 3d it was passed expressly for the colonics and could not without heing wrested apply any where elsefc the best proof that parliao ent so intended it is that w ithio 2 or 3 years the imperial parlia ment have repealed that statute among others and consolidated the laws relating to trade they have reenacted its provi sions in substance and applied them ex pressly to our lakes aud inland waters aud he could assure the hon member that the people of this couutry would not desire to have it otherwise they do uot wish that foreign vessels shall engross our he cemmisserated was his the a gs client if the verdict was unjust it had been given by two juries in succession whether a third new trial would have been granted or not he could not say- he certainly thought the jury erred iu their conclusion but it could hardly be called a very monstrous grievance that the verdict of two juries on a matter of fact was allowed to stand aud at any rate as he the a g bad on leaving the pro vince left the cause in the hon members hands he wondered it was reserved for these late days when another cause was in question and when another chief jus tice was abseut to discover that the ab sence of a judge was a grievance aud so cruel an injustice it was a little strange that the learned gentleman should not have made iu poor mr mckeozies case the grand discovery ho has made since that two judges could not hold a legal court aud it was for him to explain how it happened that five years afterwards the new light first burnt upon him which en abled him to understand a statute he had been practising under for twenty years the hon member next stated a case of one suttou aud how he fancied he could make a grievance of this he the a g was at a loss to understand about 7 or 8 years ago his man sutlon was taken out of his bed at midnight in the district of london and carried in mi- ihii- uiviamiuut into tflfl vittd slates not being suffered to apeak to any one on the route be caire back aud at the next assizes at the district of gore went hefore the grand jury aud prosecut ed the offenders the parties were con victed and punished by no means loo se verely he remembered that on the trial sutton the pnsecutor proved rather an o- ver match for the hon gentlemans le gal ingenuity in cross examination and it seemed as if the mortification he then reed had been rauktiug and fostering in his mind ever since as to any civil pro ceedings growing out of this act of vio- the canada trade act which he the at torney general had succeeded in obtaining upon the application of this legislature in 1822 but he bad minted out nothing wrong he ilic ay5h5liierpiywoam content himself with observing that fbrhia conduct on that mission he had received the thanks of both branches of the legisla ture and the approbation of his govern ment all that this province had asked for on that occasion had been granted and remedies for the most serious evils provided fully justly effectually before that act passed this province had in vain urged claims for arrears of duties the existence of such claims was denied first by the le gislature and then by the government of lower canada and there was a refusal even to treat upon them for several years we had obtained no share of duties levied at quebec on articles which our people consumed all was received aud retained in lower canada and this province was discreditably supported by advauces made from the military chest while mouiesjustly due were withheld we had been for some years unable to form any agreement with lower canada aud at last they declined to appoint commissioners to treat with us how did the case stand now for those claims of arrears vc had received 13- uoo sterling a most just and convenient arbitration was provided for all possibility coasting trade to the prejudice of our own ship owners and ship builders and they would tbinkit a grievance if the law allowed it in the case of mr crooks he the a g considering it under all the circumstances n exceedingly hard one had as a public officer and as a friend of that gentlemau done whatever it was in his power to do lo assist his applications to the lords of the treasury for a remission of the forfeit ure and had taken no little trouble in do ing so but how miserably he would say iow scandalously wanting was the hon aud learned meinher io his professional duty to his client mr crooks if consider ing itso clear a point that the judgment of our court was illegal he had suffered it ne vertheless to be final aud failed to carry it by appeal to the king aud privy council coi tenting himsell with an indiscriminate censure of our courts by which his client could belittle benefitted the hon and learned member next produced a case of salisbury v s mc- ktiizic iu which he complained that his client bad to pay au nojuat verdict of300 because the c justice was absent and 1 e other two puism judges differed in o- piniou it ws mr powell who was then ihcut nod he must b g ihcllon gent to recollect that the perauo whose injury by force pu miles of interruption in our receipts was guard ed siaiiji uti bkl jmifr cvuw pe im posed nor existing ones repealed uuii tho legislature had been consulted our lim ber was secured against imposts of any kind on its passage down the st law rence aud the duties which had been for merly collected upon it were to be ctiita- bly applied for our benefit these wtre the evils which the hon meinher com plained of and for which he tl e attorney general confessed he hd to answer in all such discussions as the present it was usual for some members to rik of 44th of the king aud the liou men lei had made against iim the serious charge of lence tf the hou members remarks were i being alone in opposing its repeal and that meant to be applied to him they were too after the repeal had been recommended by the goveromeot as to being alone in his vote that troubled him little his coni duct was governed by the single priuciple of discharging his duty to the best of his judgment he was not influenced by the members that voted for or against a mea sure he must correct some errors into which the hon member had fallen that act had been nearly twenty years in force before any exception had been taken to it when it was applied to mr gourlay it was applied by gentlemen whom it was the fashion of some members to eulogise as the most independent patriots and cer tainly w ithout the slightest previous intima tion to the government they acted no doubt on a sense of the duty imposed by their oaths and had the delicacy aud the consideration to act upon their own res ponsibility he imagined the first know ledge the government had of the circurrstnuce was derived from a letter written hy post to him the attorney general by one of these gentlemen communicating what had been done again it was au error to state that sir peregrine maitland was opposed io tire rcpcalovuiuuw llis prolavle- that while the excitement continued ho would not have tnought u judicious to re peal it io such a manner as to inply 3 censure of what had been done under it but it was well known to many that sir peregrine maitland had for several years past no objection to its repeal and tht he had uot refrained from expressing that o- pinion to many for his the attorney generals part he had objections to a to tal repeal which he was ready to state though the bill as it stood was liable to ob jections he had opposed it before not be cause his government was opposed to it hut upon his own judgment and he did more justice to his government than to act as if he were nut equally free at present- he begged to he understood that he had followed his own opinion in every vote he had given in that house and was witling to he responsible for every measure he had supported in tie hon members desire to misrepresent his conduct he had stated that he tbc attorney general had voted against the application of the assembly for mr collins although the house well knew that he had neither voted nor taken part in the discussion and that he had stated openly his reason for declining even to be present the hon member had al luded to a dissolution of the assembly at an event likely to happen and one desired by the government but he would ask tho house whose conduct it was that attained to them fairly a suspicion of desiring to bring things to such a pass for his part he should deplore deeply that the efforts for that object should succeed and that the province should be disappointed of its expectation that we would attend to the many important interests whicb demand ed our atteution he apprehended no such result aud he believed that the hon member would fail to arrive at it as to his personal attacks upon him he begged him to he assured that he regarded them with the most unqualified contempt he knew the motives hy which they were prompted and he expected the hon member would proceed to the last inch in his attempts to injure him but he defied his efiorts he asked no indulgence he served ajust fco- vereign that conviction was sufficient to render him fearless and iudependent and he assured the hon and learned menber that all such efforts would recoil as ii rem fit they should do upon bis own head wholly misplaced- as he the a g hap pened 40 have nothing to do with ihem and whatever persou the hon member al luded to bow much more manly and just woirld his conduct have been if he had carried his supposed grievance before the proper tribunal where his statements must lie made ouoath and where the parties could answer in the same manner and bring w ituecscs to disprove the accusation the present system of attacking gentle- men in this house could answer no good on honourable purpose and certainly was not the mode of obtaining redress for his client if he sincerely thought he had been injured as to the passing remarks ap plied by the hon member to the case of two gentlemen in the district of core who refused to he sworn on a recent rial on the ground that their evidence might affect themselves and upon the ease of an attorney and another person charged with preventing a witness from giving his testi mony on the same trial the learned mem ber seemed to forgetthauhecourse adopt ed by the judpe wlii presided mr mcau- i was not merely such as lord mans field had approved ofon a similar occa sion but that mr justice willis whom it suited his purpose to represent as the most wise and learned and just ludgewehavc ever had publicly declared io court his opinion that it was the most proper and discreet course that could have been pur sued thenasto the person charcedwith having enticed away a witness it says the hon member had never been inquired into and this was said although the hou member must perfectly well know that the very moment the case had been made known to him the a g- he had moved for an attachment against the parties for conduct which as it was represented was exceedingly disgraceful that the parties had shewn cause against the attachment that he the a gj hatr argued it at much length and that the court had felt them selves compelled to discharge the rule in consequence of the defendants producing the affidavit of the witness said to have been enticed away plainly and distinctly denying that any such practice had been used with him leaving this class of grievances the hon member for norfolk returned to move ge neral topics and renewed his attacks up on him the a g as responsible for all the mischief which troubled him and it certainly was uoless amusing thansurpri- singto hear the instances of this miscon duct which he had been able to conjure up the projected union with lower canada it seems was suggested by this governmeut and the attorney general was sent borne on a mission to promote it now every body knew that the union was a measure urged entirely by some respect able merchants in lower canada and upon their representations entertained in england without any concert with this government if it had passed in 182 its passing would have been as much a surprise upon this govt as upon the hon member it was well that this govt did uot look measure as advisable and that while some members of the former parliament acting with the hon gentleman in opposition to he government were the most strenuous supporters of the union hethc ag was never on any occasion or in any place an advocate for it he was in england when the hill was ponding ind had argued a- tbo hon member next disapproved of known also upon such a

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