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ColonUU Ofice, JVbtmnfter IS58. .«ki> [424] ■^ffffllWT'WP ■M : i ; ^i0 t' P|||lllll.ll!..,JI!«!WHPP» WW Question of I-'ederation of the British Provinces itil provision is made lor the same by each member of the Confeunsw>ck, (No. 50.) September 29, 1858. Si A, (Received October 18, 1858.) ON the 17th instant I received from the Governor-General khe d'ispatch of which a copy is inclosed. I forthwith laid this despatch and its enclosure before my Council, and I have now the honour to transmit to you the copy of a Memorandum submitted to me by my Council on the imjiortant question to which Sir E. Head's despatch refers. This Memorandum will, I know, receive your attentive consideration, and it only remains for me to state that I entirely concur in the opinions expressed by my Council. I have, &c. (Signed) J. H. T. MANNERS SUTTON. The Right Hon. Sir E. B. Lytton, Bart. &ic. &c. &c. Kiicl. 1 in No. 11. Enclosure 1 in No. 1 1 . Governor Sir E. Head to Lieutenant-Governor the Hon. T. Manners Sutton. Sir, Quebec, September 9, 1858. I HAVE the honour to transmit, for your Excellency's information, the inclosed copy of a Minute of the Executive Council of Canada, approved by myself, on the subject of a Federative union of the British North American Provinces. I nfl.V6 oLO (Signed) ' EDMUND HEAD. The Lieutenant-Governor of New Brunswick, &c. &c. Ike. 11 Enblosnre 2 in No. 1 1 . End. 2 in No. H. Copy of a REPORT of a Committee of the Honourable the Executive Council, dated 4th September, 1858, approved by his Excellency the Governor-General. THE Comnittee of Council are respectfully of opinion that it is expedient to bring the subject of the union of the British North American Colonies under tne notice of Her Majesty's Government with as little delay as possible, and to inform the Government of each such Colony that the attention of Her Majesty has been called to the subject by your Excellency. That your Excellency should submit to the Right Honourable the Secretary of State for the Colonies the propriety of authorizing a meeting of delegates on behalf of each Colony, and of Upper and Lower Canada respectively, for the purpose of considering the subject of such Federative union, and reporting on the principles on which the same could properly be based. That such delegates should be appointed by the Executive Govern- ment of each Colony, and meet with as little delay as possible. r. That the report of such delegates should be addressed to the Secretary of State for the Colonies, and that a copy of it, as soon as it is prepared, should be placed in the hands of the Governor and Lieutenant-Governor of each Colony, in order that they may lay the same before the Provincial Parliament, with as little delay as possible. .m: ■.!*♦■ Enclosure 3 in No. 11. End. 3 in No. 11. ■fi •'■: Memorandum. To his Excellency the Honourable J. H. T. Manners Sutton, &:c. THE Committee of Council have had under consideration the despatch of the Governor-Ge-ieral, of the 9th instant, containing the report of the Executive Council of Canada on the subject of a Federative union of the British North American Provinces. The Council are deeply impressed with the importance of tiie subject, requiring, as it does, the most deliberate and mature consideration. The British North American Provinces have each attained a great degree of material prosperity under their present constitution ; and the increased power of self-government recently conferred upon them, has left them nothing to envy in the political condition of the citizens of the neighbouring Republic. The Council are of opinion that the interests of this Province, and of all the British North American Provinces, require that when the question of a Federal or Legislative union of the Provinces is formally brought before the people, it should be raised in such a manner, and at such a time, as would afford a reasonable prospect, at least, of arriving at a speedy and satisfactory conclusion. And without expressing any opinion as to the practicability or effect of such a union as that referred to in the Memorandum of the Council of Canada, the Council would state that, although the subject of a union of the Colonies has to some extent been discussed in the public press here, the attention of the Provincial Legislature has never been directed to this matter, nor has it been a prominent subject of consideration among the constituencies, and in this respect New Brunswick occupies a very diflerent '.position from Canada. And it may be remarked that if the recommendation of the Canadian Government be adopted by the Secretary of State, the question of a Legis- lative union with any or all of the other Provinces must be excluded from consideration by the Commission. Under these circumstances, the Council would respectfully submit, that a reasonable time should be allowed for consideration, before the commencement of any such inquiry as that contemplated by the Govern- ment of Canada. (Signed) CHARLES FISHER. S. L. TILLEY. JAMES BROWN. W. H. STEVENS. A. J. SMITH. CHARLES WALTERS. September 25, 1858. No. 12. No. 12. Copy of a DESPATCH from Lientena,nt-Governor the Hon. T. Manners Sutton to Sir B. B. Lytton. (Private and Confidential.) Govern! .lent Houue, Fredericton, New Brunswick, Sir, October 2, 1858. IN my despatch of the 29th ultimo, No. 50, 1 have officially laid before frou a copy of the Memorandum of my Council on the proposal (emanating rom the Executive Council of Canada) that the Secretary of State should forthwith authorize the appointment, by the respective Governments of the British North American Provinces, of Commissioners to consider the subject of a Federative union of all the British North American Provinces, aod to report thereon to the Secretary of State. 2. I confess, Sir, that I learnt, with some sur|>rise, and my Council were equally unprepared for the announcement, that the Executive Council of Canada had advised the Governor-General to recommend the Secretary 'of Statfe to authorize the appointment of this Commission, without previ- ously ascertaining the views of thfe Governmerit of this province (or, so far as I am aware, of the Governments of Nova Scotia or Prince Edward's Island) on the expediency of the proposed inquiry. 3. But, although I do not profess to be conversant with all the details and particuhirs of the present political condition of Canada, I am suHi- cienrtly well informed on the sulrject to be aware that the exigencies of the E resent time may form a sufficient justification for the step which has een taken by the Canadian Government, and also afford grounds for inducing Her Majesty's Government to take into consideration, with the hope of allaying excitement in Canada, suggestions which, under other circumstances, tliey might not be disposed to entertain. 4. It is possible that a Federative union of the British North American Provinces would afford to tlie Canadian Government the readiest mode of escape from the difficulties and embarrassments which now surround the settlement of the "seat of Government" question, and 1 presume that 1 am right in supposing that, although the ostensible object of the proposed inquiry is the union liy Federative bonds with Canada of the other British North American Provinces, the Canadian Government have no less m view the severance of the bond which now joins the two Canadas in a Legislative Union, and the substitution for that bond of a more clastic tie of a Federal or a Federative cliaracter. 5. Both these questions, viz., the "the seat of Government" question, and the expediency, or non-expediency, of substituting a Federative for the Legislati- e union between the Canadas, are exclusively Canadian questions. But tiie proposal of the Canadian Govcrni. ent affects this province equally with Canada, and although I have puiposely confined within very narrow limits the remarks contained in my official despatch, it is, I think, my duty to lay before you, confidentially, but frankly, and without reserve, the opinions which I entertain not only with regard to the policy of the proposed inquiry, anrl the constitution of the proposed Commission, but also with respect to the probable results of a Federal or Federative union of the British North American Provinces. so 13 6. As regards the policy of the proposed inc|uiry I should observe that, although the Memorandum of my Council is couched in guarded terms, you will have no difficulty in ascertaining from it that they are of opinion, first, that if a union of the British North American Provinces is to be discussed, this discussion should embrace the question of a Legislative, as well as that of a Federal or Federative union, and the expediency of uniting some, as well as that of uniting all the provinces ; and, secondly, that the immediate commencement of such an inquiry as that proposed by the Canadian Government, even if that inquiry should embrace the expediency of a Legislative, as well as a Federal, union of some, as well as of all, the British North American Provinces would be, to say the the least of it, premature; and in these opinions 1 entirely concur, not only for the reasons stated in the Memorandum, but also because I believe that the inquiry, if now instituted, would result either in the early com- pletion of a Federal or Federative union of the British North American Provinces (and I should deprecate the establishment of such a union for reasons which I sLall attempt fully to explain in a subsequent part of this despatch), or in the dangerous excitement and agitation which, in these provinces, always accompanies a protracted discussion on constitutional questions of importance. 7. And 1 should here observe that if (as probably will be the case) it should be urged in favour of the recommeiuiation of the Canadian Government, that the authori'/.ation by the Secretary of State of the. respective Governments of the British North American Provinces to appoint the Commissioners of inquiry will not render it compulsory on any of those Governments to exercise this authority, such an argument, however plausible, would be (so far, at least, as this Government is concerned), entirely fallacious ; for, if authority to appoint the Com- mission of inquiry be granted, the pressure to which my Council would be subjected by Canada would (unless the Government of Nova Scotia should join them in resisting this pressure, of which, as matters now stand, I have no expectation), compel them, although convinced of the impolicy of the step, to advise me to nominate a Commissioner. The arguments, therefore, which my Council have, in their Memorandum, urged against the immediate commencement of the proposed inquiry, are applicable, also, to the immediate authorization by the Secretary of State of the appointment of the Commission. And although it is not expressly stated in the Memorandum, 1 know that this is the opinion of my Council. 8. 1 now turn to the proposed const; ation of the Commission. It is true that the authority to appoint the Commission would proceed from the Crown, and it is also true that the Commissioners would address their report to the Secretary of State ; but the Commissioners would be appointed by the respective Governments of the British North American Provinces (the Canadian Government nominating two out of five), and copies of their report, as soon as it is prepared, would be necessarily transmitted by the Secretary of State to the respective Governors of the Provinces, to be laid before the Legislature of each Province with as little delay as possible. Now the fact that tne appointment of the Commission was authorized by the Secretary of State would give to the report of the Commissioners appointed by the Provincial Governments additional weight and autho- rity, and, although the Secretary of State might, it is true, when trans- mitting their report to the Governors of the Provinces to be laid before their Legislatures, accompany it with suggestions or instructions, these suggestions or instructions would have far less weight than would attach to tncm if given before the inquiry commenced; and, if tney should be at . variance with the wishes of any of the Provincial Legislatures, excitement and discontent migiit be the result. It appears to me, then, that it would scarcely be possible to constitute a Commission, or to frame an inquiry, in a manner which would give the Canadian Government more power of deciding the question according to their own views, or more completely exclude Her Majesty's Government from exercising any influence, other than that of direct coercion, in its settlement. V 14 9. But the question of unitini^ by Federative bonds t^e British North Provinces is confessedly one which not only vitally affects the present cond?-' tion and future prospects of each of the Provinces, but also involves Imperial interests of immense importance ; and, with your permission, 1 shall now submit to you, as clearly as 1 can, the reasons which induce me to fear that any sucii union would be productive of very disastrous consequences. 10. 1 have, in a former paragraph of this despatch, stated that the purport of the Governor-General's despatch of the 9th of September took me, as well as my Council, by surprise. But the question of a Union, whether Federative or Legislative, of all or of some of the British North American Provinces is not new to me; on the contrary, it forced itself on my consideration at a very early period after my arrival in the Province, not only because 1 saw symptoms vide my despatch Private, June 12, 1835, to Lord John Russell) which led me to believe that the question would, ere long, be raised, in one shape or another, but also because I very soon traced most of the difficulties wliich have beset the practical working of the system of " responsible Government " in this Province to causes tho character of which necessarily led me to consider whether an union of this Province with some, at least, of the other Provinces, might not be productive of benefit to all. 11. And I should observe that, early in the course of last year (1857), I stated, in compliance with a request to that effect which I received from Sir K. Head, to him, the opinions which 1 had formed on this subject, and these opinions 1 have seen no reason to alter. The correspondence which passed between the Governor-General and myself on the (x-casion referred to was strictly private and unofficial, but l feel no difficulty in thus referring to it, because my letter was written to Sir K. Head (who was then on the eve of visiting England) expressly with the view of its being shown to the then Secretary of State, and I have no reason to doubt that it was laid before the Secretary of State, or, at all events, that its purport was communicated to him. 12. Well then. Sir, I have no hesitation in saying, that in this pro- vince (and I believe that the same state of affairs exists to, at least, an equal extent in Prince Kdward's Island, and, to some extent, in Nova Scotia), the smallness of the number of sea's in the House of Assembly (which gives to one or two members the same power over a Government which in England is exercised by a large party, under the guidance of leaders of acknowledged ability and reputation), the petty nature of the questions commonly discussed in the House of Assembly, and the conse- quent absence of any motive sufficient to induce the men of the highest standing here to compete for legislative honours, or to accept official appointments, and the limited number and inferior attainments of those from among whom the Representative of the Crown must choose his responsible advisers, have combined to degrade both the Government and the Legislature. 13. For the House of Assembly here now generally consists, with few exceptions, of men to whom the pay of a member (about 80/. currency per annum) is of great imf)ortance, who have sought seats in the Legisla- ture, not on public grounds, but for personal objects, and who, having obtained these seats, not on account of their political ability or political principles, but by promises of patronage or local benefits to their consti- tuents, neglect no opportunity of making the best bargain they can, for their supporters and thc^mselves, for their votes in the Legislature. 14. For this state of affairs the province does not, within itself, contain any remedy, which must, therefore, be sought for from without the province ; and from a very early period of my frovernment, I have regarded the union of New Brunswick with some uf the neighbouring provinces as affording the only cure for the evils to which I have referred. But a Federal or Federative union with the other provinces would, in my humble judgment, only aggravate these evils, and introduce others of a description even more disastrous to the provinces so united, and dangerous to their connection with the mother country. 15. 1 presume that the word " Federative " has been used in the Memorandum of the Executive Council of Canada to imply that the ': T ', 15 •_- ■•*,■ union wliich they contemplate is not to be necessarily of the saniQ character as that which binds together the several States of the neigh- bouring Republic. But upon whatever basis a Federative union might be formed, it must, I think, be liable to one of two objections, either of which ought, as it apf)ear8 to me, to be fatal to such a scheme. For if the LocarGnvernments and Local Legislatures are still to continue to exercise the same authority in local legislation and local matters which now appertains to them (and there is comparatively little business of any other description which they are now called upon to discuss), then the result of such a union will be still further to degrade the Local Govern- ments and Legislatures without diminishing their authority, while the Central Government and Central Legislature, nominally endowed with high powers, and proud of their position, but with little or no business of a purely Colonial character to occupy their attention, would, I fear, claim un authority on subjects not purely Colonial, but also of Imperial import- ance (such as questions of foreign trade, &tc.), and shortly be brought into collision with Her Majesty's Government and with the Imperial Par- liament. If, on the other hand, the Local Governments and Local Legis- latures were shorn of a large portion of their present powers (to which proposal I do not believe that the Lower Provinces would agree), the inhabitants of the Lower Provinces would, in my opinion, very soon, if not immediately, become discontented witli an arrangement which would deprive them of the power they now possess over the management of their own afftiira, and render New Brunswick, Nova Scotia, and Prince Edward's Island, Provinces of Canada, instead of being, as they now are, Provinces of the British Kmpire. And in the attempt to regain that which they had lost, they might, and, as I think, probably would look, not, indeed, to the Government at Washino;ton for assistance, but to the Northern States of the Union. Again, the establishment of a Federal or Federative union would, as I believe, be immediately followed by an agitation in favour of the election of the Local Governors, instead of their being nominated by the Crown. And it would be tlie more dillicult to resist this application on account of the jiurcly local or municipal cha- racter of the powers with which the Governors would be intrusted ; but the compliance with the request would he in my opinion highly dangerous, not only because it wouhi at once be fatal to British influence in the Local Governments and Local Legislatures, but also because it would, I believe, be followed quickly by a similar application from the United Provinces, with regard to the Governor-Generalship, still more diRicult to resist from the force with which it would be pressed, but the compliance with which would at once practically sever the connexion between the Crown and British North America. 18. A Legislative union of the British North American Provinces is not liable to all the objections which, as I believe, apply to a Federal or FY'derative union ; but it is liable to the objection that great discontent in the Lower Provinces would follow the centralisation in one Govern- ment, and in one Legislature, at Quebec or Montreal, of the powers and authority now vested in the Governments and Legislatures of the several provinces; and. moreover, I believe that no single Government or single Legislature could, in present circumstances, satisfactorily govern and legislate for a territory extending over an area so immense, and so sparsely [)opulated as many portions of that territory are. Such a union, then (however practicable or expedient it may hereafter become), wouhl at present be, in my opinion, impolitic, even if it were practicable; but it is not practicable, for Canada does not desire such a union, and the Lower Provinces would, I believe, reject it. 17. There arc, however, no such objections (at least, in my opinion) to a Legislative union between the Lower Provinces, viz., New Brunswick, Nova Scotia, and Prince Edward's Island. On the contrary, I believe that such a union would confer incalculable benefits on all the three Provinces, and that it would form an additional security for the continuance of harmony between Her Majesty's Government and the Provincial Govern- ment, and of the existing connection with the mother-coiuitry. The close contiguity of the three Provinces, the identity of their ' ft 16 interesta, and the existing Facilities of the inter-coromunication between them, which will be materially increased when the railway from Halifax joins the railway from St. John to Shediac Point to such a union, and the fusion of the three Governments and Legislatures into one would not be regarded by the people of any Oiie of the provinces in the li^ht in which they would regard the transference of the powers now vested in their own Governments and Legislatures to a Government and Legislature stationed at Quebec or Montreal. Indeed, I believe that the people of this province and of Prince Edward Island mi^ht be brought without difficulty to view with favour this union, and, unless the step now taken by the Canadian Government should have altered the views of the people of Nova Scotia, I am inclined to believe that they, too, would approve of it. 18. It would be out of place in this despatch to discuss the details of such a union ; but, so fur as 1 am able to judge, there would be no insuperable obstacles to carrying it into effect. The financial and commercial questions, which would be necessarily raised, might, as it appears to me, be arranged without much trouble ; and although it is very possible that, at first, the seat of Government question might present some difficulties, these difficulties might, I think, he overcome. For it is clear that neither Frederictoii, nor Halifax, nor St. John could he chosen. Fredericton would have few, if any, supporters ; St. John would have none ; and Halifax would not have so deep an inte- rest in the matter as would be the case if she were not to continue the head-quarters of the troops stationed in the three provinces, and of the British fleet on the North American station. I am therefore disposed to believe that the three provinces might be brought to concur in tne selec- tion of some central spot as the seat of Government for the three provinces. And, at all events, even if it should be found necessary, for a time, to adopt the system of a migratory Government, inconvenient and expensive as this system is, both the inconvenience and expense would be far more than counterbalanced by the political advantages and financial saving which would result from the union. 19. I fear that I have trespassed at too great a length upon your attention in discussing this question ; but I should not have felt myself justified in bringing it before you if I had not given to the details connected with it that consideration which enables me to express a hope that, if you should be of opinion that a Legislative union between the Lower Provinces would be desirable, it might be possible to effect that union. 20. But the institution of the inquiry proposed by the Canadian Government would, even if that inquiry should embrace the Legislative as well as Federal union of some, as well as of all, the British North American provinces, <;ertainly place new and most formidable difficulties in the way ^nf attaining this object; and if this inquiry be now instituted, it will, I think, be difficult to prevent a Federative union of all the British North American provinces, not because the people of New Brunswick, or (so far as I am aware) of Nova Scotia and Prince F.dward's Island, are in favour of such a scheme, but because Canada will exercise an overpowering influence in the decision of the question. 2L If, on the other hand, you should think fit, either on the ground that the application of the Canadian Government has not been concurred in by the Governments of ail the provinces to be affected by the inquiry, or on any other grounds, to defer a compliance with, if not absolutely to reject, that application, then I think that I could (if such a course seemed desirable (o you) be enabled, without committing Her Majesty's Govern- ment or mysolF, to raise the question of a Legislative union of the Lower Provinces, in such a manner as would afford to this scheme a fair prospect of success, and, at all events, render more difficult the concurrence of the Lower Provinces in any plan for uniting by Federative bonds ail the British North American Provinces. I have, &c. (Signed) J. H. T. MANNERS SUTTON. The Right Hon. Sir E. B. Lytton, &:c. &ic. &c. c s t( e tl A C t 17 No. 13, Copy of a DESPATCH from Lieutenant-Governor the Hon. T Sutton to Sir E, B. Lvtton. Manners Government House, Fredericton, New Brunswick, (No. 63.) October 11, 1858. Sir, (Received November 1, 1858.) I HAVE the honour to acknowledge tiie receipt bv the last mail, which arrived here on the 9th instant, of your despatch of the 1 0th Sep- tember, No. 1.0, inclosing a copy of the speech of the Governor of Canada, on closing the late session of the Provincial Parliament, and also en extract of a despatch which you have addressed to Sir E. Head respecting that portion of the speech which relates to the Federation of the North American Provinces. I shall immediately communicate the purport of this despatch to my Council, whose 'Memorandum on the same subject I had the honour to transmit to you on the 4th instant. I have, &c. (Signed) J. H. T. MANNERS SUTTON. The Right Hon. Sir E. B. Lytton, Bart. &c. &c. &c. No. IS. I \ f:'-\ ■ No. 14. I' .'. '.• v„. ,:- . ■: _' : , . ■_ ■ . :^i Copy of a DESPATCH from Lieutenant-Governor the Hon. T. Manners Sutton to Sir E. B. Lytton. Government House, Fredericton, New Brunswick, (Private and Confidential.) October 11, 1858. Sir (Rtceived November 1, 1858.) I HAVE thought it right in my official despatch of this day's date. No. 53, to call your particular attention to the day on which your despatch of the 10th September, No. 15, reached me, in order that you may be aware thi. did not receive this despatch until after I hat! transmitted to you the Memorandum of ray Council, enclosed in my official despatch of the 29th September, No. 50, and my confidential despatch of 2nd instant ; for I need scarcely say that if 1 ha(l been in possession of your despatch of the 10th September at the time when the Memorandum of the E.vecutive Council of Canada (on the subject of a Federative union of the British North American Provinces) was under the consideration of my Council, 1 should have gladly availed myself, and have urged (probably with success) my Council to avail themselves, of the authoritative announcement con- tained in your despatch, that the union of the Provinces is a question the initiation in which belongs to the Executive authority of the Empire and not to that of any one of the Provinces. Hitherto there has been a very general impression here that in raising the question of a Federative union, the Executive Council of Canada has acted with the sanction, if not directly at the instance, of Her Majesty's Government. 1 have not, you are aware, acted on this impres- sion, in which 1 did not myself concur, but its prevalence here has created additional difficulties in dealing with the question. These difficulties are removed by your despatch of lOth September, No. 15, the purport of which I shall immediately communicate to my Council. I may add, that one of the principal reasons which induced me at this particular time to press upon your attention (in my confidential despatch of the 2nd October) the question of a Legislative union of the Lower Provinces, was the belief that there would be less danger that the people of this Province would, either now or hereafter, yield to Canadian innu- encc, and express themselves in favour of a Federative union, if a Legis- lative union with Nova Scotia and Prince Edward's Island were presented . -■ .- F No. 14. Id to their notice. Aa the matter now standa, there is not, of course, the same motive for immediate action, but I may be permitted to state, that (for myself) I adhere to the opinions expressed in my confidential despatch with respect to the benefits which might be expected from a Legislative union of the Lower Provinces, no less than to those which I nad the honour to submit to you in the same despatch, with respect to the probable results of a Fi-derative union of all or of any of the Provinces. I beg you, however, to understand that although I have long and anxiously considered the question, I have not in any way committed myself or Her Majesty's Government in the matter. I have, &c. (Signed) J. H. T. MANNERS SUTTON. The Right Hon. Sir E. i<. Lytton, Bart. &c. &ic. &c. No. 15. No. 16. Copy of a lESPATCH from Governor Sih A. Banne.iman to Sir E. B. LVTTON. (No. 83.) Government House, Newfoundland. October 11, 1858. Sir, (Ileceivod November 1, 1858.) I HAVPj to acknowledge the receipt of your despatch of the 10th September, No. 17, with enclosures. 2. I have the honour to inform you that 1 received a letter from the Governor-General of Canada, enclosing copy of a report of a Committee of the Executive Council, dated the 9th of September, on the subject of a Federative union, and their proposal that Delegates should meet from each Colony to discuss the question. 3. The Executive Council of Newfoundland have passed a Minute, which I shall forward to the Governor-General, stating, that when authority is given by the Secretary of State for holding such a meeting, the Executive Council of Newfoundland will not fail to be represented at that meeting. 4. As the Minute of the Council of Canada bears, that the Govern- ment of each Colony should be informed of the Report they had made on the 4th of September, which was approved of by his Excellency the Governor-General, I considered it to be my duty to lay his Excellency's despatch before the Council, but explaining to them that the question was an Imperial one, and taking care that their Minute was sufficiently guardefl to recognize only the authority of the Secretary of State. I have, &c. (Signed) A. BANNERMAN. '' P.S. — It is understood on this side of the Atlantic that the proposi- tion of a Federative union originated with the British Government ; there could not be a worse tribunal for its discussion than Delegates chosen from the Executive Councils. A. B. The Right Hon. Sir E. B. Lytton, Bart., &,c. &c. &c. t i SSR * S i.' ^m