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hood. Not, I repeat, possessions maintained in spite of the people, but a thoral occupa- tion founded upon respect, and a just reciprocation of benefits.

Some years' experience have now convinced me that remote effects, productive of the greatest honour to our country, must flow from acting thus. Already have great moral and political advantages accrued to Greece, from these islands having been placed under British protection. It is in no small degree to be attributed to British influence here, that Greece has been emancipated from the despotism, and rescued from the spiritual dominion of Constantinople. There appears to have been an apprehension, when Greece was under- going that change, that these States were in some danger of being attracted towards Greece, and by spontaneous movements of the people merging into its political system, under Russian influence; but that danger, whether real or imaginary, is past, and never can recur, if British management and influence do what they ought here. We must, how- ever, be careful to raise and keep these States in advance of their continental neighbours, by promoting every wise, suitable, and rational improvement: and then-matter gravitates not towards matter with greater certainty and affinity, than that the other country will become, morally, more and more subject to the influences which may be made to operate with so much reason and force here; and, through the state, condition, and contentment of these islands, upon the regeneration of Greece.

British influence at Athens is now more or less strong,-will ever more or less prevail ---in proportion as British moral and political power are more or less firmly established in these islands; and the best and surest micans, indeed the only way of doing this, is, by improving, this country, and raising its moral standard nationally to such a status as to offer plain, open, and demonstrative proofs of the practical value of British influence and alliance.

It may be right, in a paper observing so generally upon all the circumstances of these States, to remark upon two other points of leading importance-namely, the judicial sys- tem of these States, and their political constitution.

In sundry despatches* I have brought fully before your Lordship, the very imperfect state of the laws; and the measures in which I have been engaged in preparing or im- proving the codes-civil, criminal, and commercial; and in remodelling the judicial esta- blishment generally. Having been honoured with your Lordship's support and approbation throughout these arduous undertakings, I need not trouble you here with any fresh repre- sentation, excepting in as far as it is necessary for me to advert to your Lordship's despatch, No. 130, of 20th May, 1837, relating to the composition and faculties of the Supreme Council of Justice.

Concurring entirely with your Lordship," that, in principle, the present constitution of that Court is in its nature anomalous, and at variance with the principles of jurispru- dence recognized throughout the civilized world," and availing myself of your Lordship's permission to consider and consult whether the peculiar circumstances of these Islands could warrant, for a time, such a deviation from that general principle, as to continue the intervention of the Lord High Commissioner and the President of the Senate; or whether. and how, the Supreme Council of Justice could be given the requisite faculties for final decision within itself, in all cases, I thought it best to propound that question to the Council.

This I did at a meeting convened for that purpose. The Council observed that to have within itself, the power of deciding finally in all cases by a majority of votes, it is clear that the court must be composed of an odd number of members: and the question would na- turally arise whether the additional member to be appointed for this purpose should be an Ionian or a British functionary. It is true that this has, by the chapter in abeyance, been conceded to us; but I am bound to confess that its adoption would be a very unpopular measure in the present state of feeling of the Ionians, for reasons which I could easily ex- plain; and would not in effect be re-enacted by the Assembly. Another alternative has heen suggested namely, to grant to the President of the Court in its ordinary capacity, composed of four members, a casting vote in cases of equality; but this would not be ex- pedient, especially in cases of vital importance, treating of life and death, or the disposal of large property. For these, and other reasons into which I shall enter more fully in another despatch, the council were of opinion that the court, as at present constituted with the in- tervention of the Lord High Commissioner and the President of the Senate, had many advantages, and should be allowed to continue upon the same footing. It was further pro- posed that the appointment of the judges should not terminate with other appointments at the end of a quinquennium, as at present, but should be held for life. As this alteration, however, would interfere with an organic principle of the constitution which provides that all appointments shall fall to the ground at the end of a quinquennium, a corresponding al teration would necessarily be required in the general Article (13, chapter 1st.) of the constitution, which contemplates this cessation of all appointments, not excepting the judges; an interpretation which although its application to the judicial branch was ques-

July 8, No. 37. 1886.

Aug. 27. No. 58 1835. Oct. 2. No 67, 1835.

May 31, No. 135, 1836.

Dec. 15, No. 192, 1836.

Jan. 2, No. 206, 1837.

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tioned, has been placed beyond doubt by the opinion of the law officers of the crown to whom the question was on a former occasion, referred. Such an alteration would, I am persuaded, go further to insure the independence of the judges, than any that could be de- vised. But upon this and other matters connected with this subject, I shall take no step until I shall have reported more fully and learned your Lordship's sentiments.

The political constitution of these Islands cannot be defended, with respect to a people tolerably advanced in education and refinement, and must therefore be modified and improved, whenever the people of these States shall have attained to such a degree of improvement as may induce the Protecting Sovereign to instruct Her Lord High Com- missioner to take the initiative which the chart gives In all projected changes of the con- stitution, by calling upon the Legislative Assembly, by message, to take into considera- tion the changes or modifications propounded in such message. But no change, other than that for improving the judicial organization and administration, can, in my opinion, be safely made for many years; and if, by prematurely altering, in principle, the law by which the elective franchise is at present regulated, granting perfect freedom of the press, or making other essential changes before the people shall have acquired just views of their real interests, and be in a fitter condition than at present, to be intrusted with a more un- limited management of their own affairs, such concessions would infallibly prove a death- blow to the supremacy of British influence, and plunge these States into anarchy and

confusion.

There is not a day in which there does not pass through my hands, or come under my immediate observation, documents and circumstances which abundantly show that, but for the regulating and controlling power with which I am invested, British influence would not prevail, nor this union hold together for a week.

The jealousy which subsists, collectively, between the Islands-the rivalry and want of confidence which prevail, individually, between families and persons; their vanity, igno- rance and inaptitude for public business; the immorality and corruption which are but too common; the propensity to craft and intrigue, and the excitability of these people do not admit of surrendering, at present, any portion of the controlling and regulating power vested in us by the charter.

Your Lordship has most wisely and justly remarked, in regard to the liberty of the press, that you "did not shrink from declaring your concurrence in the judgment expressed by the President of the Senate and myself, that under present circumstances the abolition of the existing restraints would rather be an injury than a boon to the Ionian people.”

To this I need only specify, that the liberty of the press would be a most alarming and dangerous anomaly, if introduced here, before education shall have materially softened the prejudices, shaken the superstitions, and emancipated the minds of the people from the spiritual thraldom of the Patriarch of Constantinople. When this shall have been accomplished, (and the work is in progress) the people and clergy will have become suffi- ciently enlightened to be reconciled to a free discussion upon points of faith, which always goes hand-in-hand with the progress of a people to the attainment of civil rights and pri- vileges, and the establishment of these upon the only sure foundation, the knowledge and appreciation of them. But so little tolerant are the people of these Islands (even those who call themselves the most enlightened) of any liberty of discussion, touching ecclesias- tical matters, that, taking alarm at the measures in progress for establishing a proper course of instruction and discipline in the schools, the Legislature, in the last Session of Parliament, sent up a Bill, which I did not consider expedient to reject, establishing an Ecclesiastical censorship on the printing of school books-thus affording, in their ground- lesss aların, decisive evidence, were such wanting, of the truth and justice of your Lord- ship's observation upon the anomaly that would be presented of a free press existing in respect to secular matters, with a compulsory silence on Ecclesiastical topics.

A free press would, no doubt, immediately attack the constitution, and endeavour to throw odium upon Great Britain, for adopting and maintaining it. Much specious reason- ing might easily be employed in condemning the peculiar provisions of that code, to render those who are living under it, disaffected, and to disparage it in the eyes of the many who are ignorant of the very primitive condition of the country and society, for which it was The prospect, therefore, of any material change, and particularly in the mode of eler- tion-any general public discussion in the Islands of such subjects—any appearance of

framed

• Opinion of Law Officers of the Crown. forwarded in Lord Aberdeen's Despatch of 21st February, 1835, No. 12.

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Chp. VII. Section 7, General Clauses 1.—“ It is reserved to his Excellency the Lord High Commissioner of the Protecting Sovereign, to have the power, by message to the Legislative Assembly. to call the attention of Parliament to any point or points which may hereafter appear to have been omitted or neglected in the present Constitutional Chart; and on receiving such message, the Legis- lative Assembly shall decree itself to be sitting under this clause, and shall proceed forthwith to the consideration of the point or points submitted to them by his Excellency the Lord High Commis sioner of the Protecting Sovereign; but on all such occasions, whatever may be agreed on by the Parliament, mu be ratified by the Protecting Sovereign; after which it shall be considered part of the Constitutional Chart itself."

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