then the rule is liable to a certain relaxation; and the exception is, that they are not obliged to shew obedience to an illegal order; of which description the order under consideration is alleged to be.

But why is the order supposed to be illegal? Not certainly from the source whence it flowed. It is admitted that General Macdowall, at the instant, was in possession of the office of Commander in Chief. But it is said, that the illegality lay in the body of the orders. It was plain to see, as the letter argues, that Government was tacitly reprimanded in the reprimand overtly given to Colonel Munro. But it requires more sagacity than we are possessed of, to espy this purpose in the order taken by itself. But it seems, if we may credit the letter of the Governor General, that there had been a direful misunderstanding between the Government and General Macdowall, and that many sharp retorts had passed between them; or, in the words of the letter, "that there was a warm and "vehement discussion between the Com"mander in Chief and the Government." And it is stated, that it was impossible that these things should have been unknown to

the General's Staff and thence it is concluded, that they should have refused the direct order of the Commander in Chief. Now, what is all this but ascribing to men a knowledge of facts, of which they might have been utterly uninformed, and claiming a right to punish them for their ignorance? Nay, further, if this passage in the letter means any thing, it would convert the Adjutant and Deputy Adjutant General into Judges of the warm discussions of the Government and Commander in Chief, to decide not only who was wrong-but to debate on all their public acts, in order to ascertain whether they were tinged or not by the spirit of their private feuds. This would seem rather a novel way of supporting authority, or of carrying on the concerns of an army. But this is seriously insisted on at the time, when obedience and non-resistance is preached to the orders of superiors!

Never, we believe, was mixed together such a strange compound, of what is right in principle, and erroneous in application. We subscribe most readily to the recognized doctrine, that men are not obliged to obey an illegal order. But we should be very tender

in carrying this doctrine into the camp; lest we might involve military men in difficulties, where they have not many, or very ready means of extricating themselves. If the orders in question were to be taken as a precedent, it would require not a little nicety, or special pleading, in the examination of the commands of superiors. The time for action would be consumed in deliberation on the import of the orders received, and all the circumstances related with them. If we have any just conception of the real extent of the rule, we should deem it to be narrow indeed, and it has become fit that it should be defined and well understood. The illegality of an order, as we consider it, must be collected not from the letter or phraseology of an order, but from the thing commanded to be done. If that be plainly and manifestly illegal to common capacities and understandings, the order ought not to be complied with. For the sake of illustrationif a soldier were ordered by his officer to fire on a quiet, peaceable, and unoffending citizen in the street-it would seem to require no great intellect to understand that he ought not to obey the command-or, if he were directed to rob a house, if such a

direction could be supposed to be given-In cases like these, disobedience would not only be excusable, but commendable; but we can hardly think, in cases less clear and perspicuous, that any subordinate military agent would be justified in disputing the authority of his principal To argue that an inferior officer should look into the construction and recondite meaning of every sentence in an order given to him to execute and consider all its bearings, with his knowledge of supposed circumstances having reference to it, seems a bold undertaking, and not hitherto to have occurred to any man in the passession of ordinary sense.

As the address to Major Boles has been noticed in an earlier place, and the nature of it considered at some length, we shall not resume the subject, though it is one of the leading topics in the Governor General's letter. What we have before said, will be a sufficient answer on this head; and we are anxious to dismiss the paper before us.

Whilst the two Governments, instead of pursuing measures suitable to the ends of their avowed policy, and calculated to inspire a prompt submission to their behests, were busily employed in arguing with the

passions, and writing and beating down, as they supposed, the pretensions of their discontented military servants, the latter were allowed to brood over their original grievances, till they were habituated to the employment, and which derived a fresh interest every day by the occurrence of new incidents. If the mind grew frantic at last, by ruminating without interruption on the accumulation of real or imaginary evils, it will not be viewed, we are certain, either by the philosopher or statesman, among the number of supernatural effects.

We are constrained to remark, that the conduct of the discontented, at the close of the month of July, underwent a most material change. It was no longer distinguishable, as heretofore, for passive obedience, but impatience of all controul. It became offensive to Government, by demanding a revocation of its acts, and at last, in defying its authority. They who know how easy and imperceptible are the transitions from one extreme of passion to the other, will not be surprized at the quick succession or order of their events, according to the different degrees of irritation. However we may be grieved in recording the fact, we shall not