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object for which the British minister was not permit any power—such as the Popestruggling; he wished to obtain for the ig- to exercise the right of protecting the Roman norant masses of that country the glorious Catholics in these islands, so neither should privilege of perusing the scriptures for them- we allow the Czar to assert an analogous selves. I can only urge in reply, that though right in Turkey. But the cases are not I am thoroughly sensible of the nature of that parallel. The Romanists of Great Britain object, I cannot close my eyes to the danger of and Ireland are under a civilized and chrisadmitting that that motive was a sufficient tian government. · Were it Hindoo or Budd
If it was, on what ground shall we hist,” it has been well observed, “there might deny the right of the Emperor of Russia to be some analogy;" but as it is, there is none. interfere in behalf of those whose faith was The Christians of the East dwell under a so closely identified with his own. We may, Mahometan and semi-barbarian government, of course, allege that the object for which and among a people who speak of and treat Russia contended was a much lower one than them, not as men, but as giaours, or dogs. that which influenced Britain. This could It may be said by my opponents that this, not be done without looking at the matter however true at one time, is no longer the through a very distorted medium. While it case. In the neighbourhood of the immediis indisputable that we, as a nation, hold the ate seat of government I admit that a change sacred record in higher veneration than we for the better has taken place; but beyond do any of the so-called holy places, it does this, acts of oppression and injustice prevail not follow that the Czar and his co-religion- to an alarming extent. Habits of toleration aries were necessitated to coincide with us in and decrees of equality exist there only on that opinion. Time has been, when these same parchment. Is a pasha in want of money, places were believed by the people of Europe he at once turns to the christian merchant, to be so sacred, as to be not only worthy of and by imprisonment, the bastinado, or the a contest as fierce as was ever waged, but torture, speedily extorts the sum required. also capable of conferring upon all who had Why, we venture to affirm that more acts of the opportunity of visiting them a certain cruelty and oppression are still perpetrated degree of sanctity, otherwise unattainable. in the Turkish empire than in all those Nay, this opinion-whether true or false is countries of Europe which habitually inspire not the question—is still maintained by a us with the strongest commiseration. Talk of large section of the christian world, entirely the sufferings inflicted by a Bomba on bis distinct from that to which the Emperor of Neapolitans! Compared with those endured Russia belongs. Who then shall say that, by the rayahs in Turkey, through the instrusupposing that that Emperor and those at mentality of the authorities whose duty it tached to the Greek communion generally was to have protected them, they are as noexperience, as they unquestionably do, a si-thing. In Asia Minor wholesale massacres milar degree of reverence for objects which of Christians have, without the slightest they were in danger of having wrested from cause, taken place during the last ten years. them, were not as much justified in endea- Nay, even the domestic hearths of the Greek vouring to obtain from the Sultan that degree subjects of Turkey have been unable to seof security which they deemed requisite under cure their daughters from the grossest insults. the circumstances, as was Lord Johın Russell Protection, under such circumstances, bein requiring protection for the Madiai? How comes absolutely imperative. Will any one any one can admit the justice in the one and venture to assert that anything of a similar deny it in the other case, is to me incompre- kind is to be found in the relationship subhepsible. So much for the charge of incon- sisting between the Roman Catholics of this sistency, or, as B. S. phrases it, of insisting country and the government under which on one law for England and another for they live? If not, why institute the comRussia. If the charge is applicable to any, parison? it is assuredly to B. S. and those who in- Supposing, however, that the analogy was dorse the opinions which he has thought much stronger than any one will affirm it to proper to express on this question.
be, it will afford no ground for condemning The next objection to which I turn is that the Czar without, at the same time, conof B. S. and others, viz., that as we would I demning our own government. I appeal, in
corroboration of this view of the matter, to which has called forth the present remonthe course of action pursued by Britain, in strance. Her Majesty's government are so reference not only to Tuscany but also to anxious,” he adds, " for a good understanding Turkey. I have before me a series of docu- with Turkey, that they wish to leave no expements, issued under the authority of both dient untried before they admit the conviction Houses of Parliament, from which it appears that all their interest has been misplaced, and that the British government has interfered that nothing remains for them but to look with the internal administration of the latter forward to, if not promote the arrival of, country to an extent which, with the know- the day when the force of circumstances shall ledge of the complaints which have in this bring about a change which they will have respect been raised against Russia, is cer- vainly hoped to produce.” How much liberty tainly a little startling. We have, first, of action remained to the Porte after the reinterposed, not only in behalf of those of the ception of that document, a copy of which Sultan's subjects with whom, on the score of the ambassador was instructed to place in community of religion, we might reasonably the hands of the Turkish authorities, it is be expected to sympathize, but we have also not difficult to determine. Talk of the spirit meddled in matters which only affected Ma- of Russian domination! I defy any one to hometans. We have compelled the Sultan produce a document issued by Russia, the to enact laws which he finds it so difficult to imperiousness of which surpasses that now enforce that he has, by attempting to put quoted. What then? Simply this. If it them into execution, more than once endan. was right, as our statesmen obviously believed gered the stability of his throne. We have it to be, for Britain to make such a claim extorted from him the celebrated Tanzimat, upon Turkey, then surely it could not be far or reform in the general government of the wrong for Russia to insist on a similar decountry. We have, by threats, succeeded in mand. getting a law established, securing the re- A third objection, to which reference may ception of Christian evidence on the same be made, is that implied in the statement by footing as that of Moslems. We have, more- Rolla,” that I have glossed the facts conover, obtained by the same means the repeal nected with the holy places, so as to lead to of a law which may fairly be regarded as a the belief that the war originated with France fundamental principle, inculcated in the Ko- rather than with Russia. This he somewhat ran, viz., that all who, having expressed ignorantly characterizes as a weak inventheir adherence to Mahometanism, become tion.” I repudiate the charge. It is a mere converts to Christianity, shall be punished statement of a fact which no man, whose with death. “Her Majesty's government,” eyes are not wilfully closed against the truth, said Lord Aberdeen, writing officially to can fail to perceive. At a very early stage Sir Stratford Canning, our ambassador at of the proceedings, when affairs began to Constantinople, on the latter subject, “re- wear a somewhat complicated aspect, the quire the Porte to abandon, once for all, so Porte, after various equivocations, appointed revolting a principle. They have no wish to a commission of ulemas, or doctors of the humble the Porte by imposing upon it an Mussulman law, to terminate the dispute. unreasonable obligation; but as a christian Their report confirmed several concessions government, the protection of those who pro- which had been made to France. This, fess a common belief with themselves, from however, induced Russia to prefer a claim of persecution and oppression on that account a corresponding character, which, after a alone, by their Mahometan rulers, is a para- short time, was admitted, and sanctioned by mount duty with them, and one from which a firman. This fact had no sooner transpired, they cannot recede. Your excellency will, than France, regarding it as inconsistent therefore, press upon the Turkish govern- with the privileges she had acquired, sent ment, that if the Porte has any regard for M. de Lavalette to Constantinople to demand the friendship of England-if it has any hope its revocation. He appeared there in a that, in the hour of peril, that that protection somewhat menacing attitude, having entered which has more than once saved it from de- the Dardanelles, contrary to treaty, in a struction—it must renounce, absolutely and 90-gun war steamer, the Charlemagne. This without equivocation, the barbarous practice I was in 1852, showing most satisfactorily that
the first attempt to coerce the Saltan by his information. Any one can laugh at a physical force did proceed from France. It difficulty, but it requires some degree of is to the proceedings which were at this period wisdom to solve it. I do not venture to taking place that Colonel Rose alludes, in affirm that S. lacks this wisdom, but the passage quoted from the blue book, part most assuredly neither he nor his coadjutors 1, p. 47, where it is said, “ M. de Lavalette have displayed it, in anything like a satisprotects his position by announcing the ex- factory attempt to reply to a query of so treme measures he would take should the much moment. It could not, perhaps, be Porte leave any engagement to him unful- otherwise; for, to speak candidly, it may be filled. He has more than once talked of the fairly questioned if the war has an object. appearance, in that case, of a French fleet off It is a war rather of destiny than of any Jaffa, and once he alluded to a French occu- definite principle. It is a war into which, pation of Jerusalem, when he said, 'We shall as Lord Clarendon aptly remarked, have all the sanctuaries.' If this does have drifted,” rather than deliberately ennot convince our friend “Rolla” of the solidity tered. Still its upholders feel that it is of the ground on which I stood when mak- necessary to say something in its defence. ing the affirmation of which he complains, he Thus we find “Rolla" venturing on the is more obtuse than I take him to be.
opinion that one of its purposes was “to My reply to “ Maxwell” may be disposed prevent Russia endangering the nationalities of in a few words. “ E. L. J. has quoted and the constitutional interests of Europe." largely," he says, “ from official communica- The assertion is a startling one; but how is tions to prove his position;" and adds “that it proved? By vague declamation. Why, this cannot properly be replied to, without the very contrary is the truth. If there is entering into the conduct of the government one thing more than another which both on the matter.” Who ever doubted it? But France and England have shrunk from was not this the very question in dispute? being identified with, it is that of the To shrink from the discussion of it in the nationalities. Is it not reasonable to sapway that “ Maxwell” did, indicated not a pose, that if they had entertained the least little of the spirit of him who—
desire to befriend them, that they would “ Fights and runs away;
have adopted some mode to testify that In hopes to fight another day,"
desire? Have they done so? Bold, indeed, rather than of him who, feeling that his is that man who will reply in the affirmcause was a good one, “struggled to the ative. One word to Mazzini or Kossuth of last."
such a purpose, and a body of men would The length to which this paper has al- have been placed at their disposal, which ready extended will, I regret, prevent me would have ended in a moment all ansiety replying so fully as I could have wished to to procure a foreign legion. What symthe arguments adduced by those who have pathy for such an object was likely to proundertaken to maintain that our government ceed from that government, the members of was justified in entering upon the war. which, by the system of espionage they had All I can do is to offer a few general re-established, betrayed the brothers Bandiera marks on those statements which seem to to death, while they struggled to obtain for call for special attention.
their country that freedom of which it had It is hardly necessary for me to observe, been so iniquitously deprived ? Was he that it must be evident to all who have who sanctioned the interference of Russia perused the articles on the affirmative side with the Hungarians—who had faithlessly of this question with any degree of care, conveyed the letters of Louis Kossuth to the that a considerable diversity of opinion pre- House of Hapsburg--and who was trundled vails regarding the objects of the war. out of office for endorsing the murderous B. S. presumes to laugh at T. U., because coup d'état by Louis Napoleon, likely to he confessed he felt some difficulty in com- wage a war for the nationalities and liberties prehending the nature of these objects. I of Europe ? Above all, was he, by whose must say, for my own part, I should have instrumentality the republic of Rome was been much better pleased, had he been less and is trampled to death, and whose throne is sparing of his laughter and more liberal with only maintained by the suppression, through.
out his dominions, of that freedom of speech, are there in a country which has permitted without which man becomes little else than itself within the last seventy years to lose a machine, likely to engage in a war for the Crimea, the country round Odessa, Besfreedom? Why, if “Rolla” had wished to sarabia, Greece, Egypt, and Algiers, to say pasquinade the two powers, he could not nothing of the control over the Danubiad have adopted a more successful method than Principalities? The country that was too that of assigning such an object to the war. weak or indolent to resist such a wholesale Is he blind to the fact, how much the partition must be beyond doubt in the last governments of France and Britain ave stage of a galloping consumption, and is striven to obtain as their colleagues the beyond all human aid. Its integrity and bitterest foes to the nationalities and independence is a dream. If Britain is to Europe's freedom ?
spend millions of money for the maintenance Another object of the war, according to of an object so Utopian, it is doing more for “Rolla," was to vindicate the honour of Turkey than it has yet done for the educaEngland. “What means our ambassador's tion, the sanitary treatment, and the moral presence at the Turkish court,” he inquires, training, of our own people. Well might a
if it mean not that England regards the writer inquire, “What comfort will it be nationality of Turkey as distinct and sacred to us, after having expended our five hunas her own?” This is a position so tho- dred millions, and burdened ourselves and roughly astounding, that I am at a loss how posterity for ages with an additional moiety to frame a reply to it. Does he mean, that of our national debt, to be told that the because we have an ambassador in Turkey Mahometan delusion is guaranteed for we are necessitated to uphold her in every another century?” dispute in which she may get embroiled? or Another reason assigned in justification is it only another mode of saying, that we of the war is, that otherwise the safety of are bound to support the independence of our Indian empire would have been at stake. Turkey? On either supposition it is pre- The argument is adduced by “Maxwell” eminently absurd. Our ambassador is, I and others, apparently with a full conviction apprehend, sent to Constantinople, as to of its validity. B. S., however, prefers to every other place, simply to protect the remain silent on the matter, honestly coninterests of Britain and British subjects. fessing that “it is not on this ground that The argument of “Rolla” would seem to he would attempt to justify the war.” The imply, that because we have an ambassador admission is of some value, in so far as it at Naples, we are under the obligation of evinces the fact that even the advocates of conforming to the wretched spirit of intoler- the war are not quite satisfied as to what ance which characterizes the proceedings of are really its objects. The replies of T. U. its sovereign ;-because we have an ambas- and “ Irene” on this point render it unsador in the United States, therefore it is necessary for me to offer anything additional. our duty to cultivate the spirit of liberty Lastly, according to “ Maxwell,” the which obtains generally in that country ;- British government were justified in entering that, in short, in whatever country we upon “the war, to secure the balance of happen to have a representative, so are we power.” What is meant by this expression? required to take as our model the tone of Does any one seriously contend that such a those among whom he resides. But, per- thing exists? Why, at the very moment haps, as I have already remarked, “Rolla” that we were disputing with Russia about means no more than that we should endea- the aggressions we alleged she was making, vour to support the independence of Turkey. we seized and have since added to our This is an object, however, of such a vague Indian possessions, one half of the kingdom and indefinite character, that it is difficult of Burmah. If the balance of power were to grasp. What is that independence? Has any other than a despicable sham, would it an actual existence? Judging from the this have been permitted by the other mode in which it permits itself to be dictated powers? The truth is, that the attempt to: to by the allies, Turkish independence is one uphold such a balance for a year together, of the grossest burlesques ever witnessed. would be as wild an idea as it would be to What elements of integrity and independence I expect that if all the property of Europe
was equally divided to-day, it would con- ling before you some grounds for hesitating tinue so for a week. It is with nations as to acknowledge the justice of the war, so far with men. Bequeath to a dozen men a as nationally we are concerned. It is my thousand pounds each, and within twelve firm conviction that, had this country at months you will find that, while that sum once resolved not to support Turkey, and has been doubled or quadrapled by one, told her so in plain language, the war would two, or three, it has all but passed out never have occurred. “If, on the other of the hands of the others. So is it with hand,” to employ the words of Earl Grey, nations. Let them be equal in power to-day, had determined on an opposite course, and and by industry, skill, and patience, a cer- bad made this known to Russia in proper tain number of them will, ere long, outstrip time, that policy would equally have prethe more indolent or extravagant.
vented a rupture.” I may be told, as I have Gentlemen, my duty is accomplished. That been by “Maxwell,” that this view of the I have failed to do that justice to it which difficulty will meet but little sympathy from its importance demanded I feel but too sen- the readers of the British Controrersialist. sibly. My avocations are too constant and I have yet to learn, however, that that would harassing to enable me to bestow that contin- in any way affect the stability of my position, ued attention to it that I could have wished. or the truthfulness of the opinions I have Still, I trust I have so far succeeded in bring-i enunciated.
E. L. J.
ATTAINMENT OF JUSTICE?
AFFIRMATIVE REPLY. It has always appeared to us, that the real The great bulk of the cases presented for object in calling in a jury to assist in the trial in every criminal court in this kingdom trial of any cause, whether civil or criminal, consists of felonies, burglaries, and assaults. is to receive from it a decided and unequi- Now, nearly all these are mere questions of vocal answer as to whether, if it be a civil fact, and the evidence is generally so clear cause, justice rests with the plaintiff or the and convincing, that we venture to say that defendant; and if it be a criminal one, whe. two-thirds of the whole of the cases are ther the prisoner is guilty or innocent of the decided by the juries without leaving their crime laid to his charge? In appealing to a box; proving thereby that the evidence is jury, and leaving with it the decision, we do sufficient to establish the facts witnessed to, not wish to have an enigmatical or doubtful without doing any violence to the consciences verdict:-whatever may be its opinion, let it of the jurors. And as to the more atrocious have no doubtful meaning-let it declare criminal cases, such as rapes and murders, fully for the one side or for the other. If these also are resolved into questions of fact; this, then, be the true function of a jury, we but generally, from the greater cunning ask, How can it possibly be attained, except and caution exercised by the criminals in by insisting upon a unanimous decision? their perpetration, direct evidence is not so
“ Morfhaich" says that the opinion of any easily procurable to establish the case against twelve inen, indiscriminately selected, will them, and sometimes the court is obliged to not be unanimous “in one case out of three.” rely a good deal on circumstantial evidence, If this be really so, we should at once give especially in cases of murder. But even as up the argument, and coincide with the opi- regards these more atrocious cases, there nion that verdicts ought to be taken by vote; occur but very few trials indeed where the but we utterly disbelieve it, and we are fully jurors have to rely solely upon circumstantial persuaded that, on further consideration, evidence in order to bring guilt home to the Morf haich" will not persist in the assertion. I offender. There are generally some solitary