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No. 2,918.]

THE POLITICAL EXAMINER.

If I might give a short hint to an impartial writer it would be to tell him his fate. If he resolved to venture upon the dangerous precipice of telling unbiassed truth let him proclaim war with mankind-neither to give nor to take quarter. If he tells the crimes of great men they fall upon him with the iron hands of the law; if he tells them of virtues, when they have any, then the mob attacks him with slander. But if he regards truth, let him expect martyrdom on both sides, and then he may go on fearless; and this is the course I take myself.

THE YEAR GONE BY.

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the prompt and complete rescue of a great population from achieved by the intercepting of a convoy of supplies to the the horrors of absolute want; and we cannot too highly starved garrison. In April the German Diet and the prize the value of the demonstration afforded by the ex- Danes were arguing, and a son of Prince Christian now emplary conduct of that population, of the truth so long King of Denmark, became King of Greece. contended for, that the educated working classes are emi- In May it was Madagascar's turn to have a revolution, nently worthy of the rights of citizenship, and fit to be that being the month of the assassination of King Radama entrusted with its privileges. Hereafter we shall tolerate the Second. June opened with the French Emperor's disno more the coxcomb rhetoric that even recently denounced covery that all the arrondissements of Paris had sent to the the political claims of industry, as subversive and anarchical. French Legislative Chamber members opposed to his desThe conduct of the Lancashire operatives during the two years potic form of government. In July began for us a fresh of the Cotton Famine, is a comprehensive and conclusive war in New Zealand. August was the month in which Whatever we may think of the year gone by, the con- answer to all talk of that kind. When the people were the bombardment of Kagosima showed that we had a viction strongly forces itself upon us, as we bid it farewell, uneducated, their ignorance was made the excuse for ex- small war on our hands also in Japan. In September, that we shall not soon look upon its like again. It was cluding them from the pale of the Constitution. When that men who remembered Charles the First saw with great essentially a year of anomalies,-of uninterrupted peace exclaimed that, however tranquil and loyal the many might Chamber of Deputies and bringing his claims of Divine pretext could no longer reasonably be urged, our oligarchs interest the stupid King of Prussia dissolving his with our neighbours, with all the burthen and stir of be in days of prosperity, let but adversity come, and they right into direct conflict with the Prussian Constipreparation for war,-of manufacturing dislocation on an would speedily prove how unsafe it was to entrust them tution, and what seemed abroad to be the strong and unexampled scale, with an overflow of exports unparal- with any voice in national affairs. That mean and cowardly right mind of his people. But the Prussian people proved leled,-of social good humour, checked by political disgust plea can be urged no longer. The people have, through- more stupid than their King. They did return again their and disappointment. At the sacrifice of many honest themselves their betters, which these would do well to ponder. Diet and the Danes had been sparring, and the death of out the recent crisis, shown an example to those who call own popular representatives, but meanwhile the Federal hopes and sympathies, we have refrained from interfering They have not even by public meetings or petitions urged the late King of Denmark, in November, was received as by force of arms in the troubles of both East and West; the adoption of that interference in America which, in the the signal for a German rush after a patriotic will-o'-theand yet we have never been in a condition to do so more superficial view of many of our heaven-born statesmen, wisp. His Majesty of Prussia is left in possession of his effectually than during the year just closed. We have con- To what greater trial could any community be exposed own true rights, are running a-muck against those of the promised a ready means of relief from the dearth of cotton. people's liberties, and his wise people, careless about their tinued to spend, we are afraid to say how much, on than that which the unemployed multitude of mill hands Danes. experimental ships and weapons of war, yet our Govern- have thus endured so nobly? In every other branch of While thus the sound of active conflict begins to be ment has submitted to be taunted in turn by our three trade there has been, during the past year, a fair average heard in Central and Northern Europe, Poland battles and greatest rivals, and accused of irresolution because we would of work, and in many trades a rise of wages, consequent bleeds daily for liberty and, across the Atlantic, those who not follow any suggestion of theirs that could by possibility export has gone on increasing, until in November it still daily contend, are fighting with each other for domiupon more than ordinary employment. The value of our should realize the civil liberty for which so many in Europe betray us into deviation from neutrality. It cannot be reached 12,700,000l.; and there seems no reason to doubt nion and fraternizing with the servants of the Czar. denied, that the steady adherence to this policy of caution that the total for the year will be considerably above that of Let us cleave fast to peace and quiet while we may; renders us for the time equally unpopular with the Demo- its predecessors. It is, we own, humiliating to be obliged the day may not be very distant when we also shall be cracy of the West, the Despotism of the North, and that to record side by side with these signal proofs of pros- forced into the new and growing turmoil of the world. which claims to be the impersonation of both principles and most prolific portions of the United Kingdom. We in England, Belgium, Holland, Switzerland, there is no perity, the flight of population from one of the healthiest Where the liberties of the people are most clearly assured, in France. England cannot be made to do what the mind discard altogether the miserable attempt to philosophize on element of war to be discovered. It is despotism alone of England has come to consider wrong. We go crusading the subject in an optimist sense; or to pretend to regard the that breeds war, or has ever bred it. Whether it be the no more, on behalf of Abraham Lincoln, or against Alex- rapid depopulation of whole districts in Ireland as nothing passion of the irresponsible unit, or the wrath or restander II., or as the companion of the self-constituted Auto- with the Western hemisphere, or a natural illustration of the and only he that destroys liberty who murders peace. more than the result of facility and cheapness of intercourse lessness of the people whom he rides and galls, it is always crat of the Latin race. Except where we are specifically system of free trade in labour. We say at once that we bound by clear and definite treaty engagements, we shall consider it referable distinctly and directly to the miserable never again see the resources of this country spent in system of misrule still dominant in Ireland, and as such, deciding the quarrels of our neighbours. French official we cannot look upon it in any other light than as a newspapers may declaim, as they are ordered by their world, and in many respects the most powerful; but our disgrace and a danger. We are the richest country in the master to do, against what they are pleased to call Eng- rivals are pressing hard upon us, and are sure henceforth land's want of spirit; but 1863 will long be remembered to do so. We cannot afford to keep a huge gangrene for with satisfaction by the industrious people of this country, ever cankering and sloughing in the right arm of our as that in which a term was finally put to the infatuated strength. It is time the wound should be probed with a system of intermeddling in continental affairs which has fearless hand in order that it may be once and for all been the bane of this country since the Revolution, and cleansed and healed. The bribes of the Federal crimps which we have to thank for the enormous waste of may be the lure that tempts some few thousand young and national strength in our accumulation of debt. If ever that enterprising spirits to cross the ocean; but, they are no monster burthen is to be lightened, and the comforts more the whole cause of the Irish exodus to America" and necessaries of life rendered more accessible to the mass in 1863, than the Anglican establishment is the source of of the community, it must be by the steady adherence to the diminution of crime, and the improvement of highways the wise and just policy thus inaugurated. The most and education in the sister country. The present parliatangible illustration of that policy is to be found ment has taken a long legislative holiday; it is time that in the satisfaction with which we all note the it should set to practical work again; and if it is to last fact that the revenue collected in 1863 was less for another session, it behoves it to redeem the time that by nearly Two Millions than that of the preceding may yet remain by a few acts of substantial utility. The year. Everybody understands that this is the reverse of unsatisfactory and insecure state of things in Ireland may what used to be called a "falling-off" in the national well engage its early and its earnest attention. If it is to be presumed that a man is guilty because by income. The truer name for it is a pulling-up; it is The foreign event of the past year which has most high authority he has been placed in close arrest, the fact to that extent the stoppage of a wasteful drain upon the strongly aroused the sympathies of England has been the must carry with it such a load of prejudice as to make the nation's ways and means. Had we interposed in the Polish insurrection, which in little more than another forms of trial a mere mockery. Ex parte the prisoner is American quarrel, or joined in the wretched attempt to fortnight will have completed the first twelve months of its condemned. To hear both sides is a rule of justice ignored make a French-Austrian monarchy of Mexico, or, in concert course. It began on the 22nd of January, 1863, when it by the President of the Aldershott Court-Martial. The with France, made war upon Russia, we should have had been found that educated young men who loved their hearing of one side is, in his judgment, enough to warrant spread widely the flames of war through Europe, while, country were the chosen victims of conscription, and the an assumption of guilt. The Colonel had made his charge instead of taxes remitted, we should have had new taxes young men therefore left their homes, went armed into the to the Generals, and the Generals, assuming it to be true, laid on, and further additions made to the already vast woods, and began their struggle against unendurable op- from that, says the President of a Court of Military had directed the close confinement of the accused, and mountain of debt: and at the end of all our sacrifices, pression. In that great struggle they have been joined by Justice, it was to be assumed that the prisoner was "a we should, as in most previous instances, have nothing but their countrymen, and so effectively that Poland has now murmurs and curses for our thanks, and be simply rewarded risen again into at least a name honoured wherever liberty throughout, and nothing but assumption! 66 culprit to the fullest extent." Assumption of guilt with our losses for our pains. The country never was in is dear, and a name of dread and difficulty to the Czar, less Quakerly mood than during the past year, when whose false position forces him either to abjure all the tratemptation to resist the evil done beyond our shores has ditions of his office or descend into the worst brutalities of been strong and incessant; but the deliberate judgment crime. of the country has never been in a healthier condition of The outbreak of that Polish Revolt was the event of repugnance to warfaring for ideal or dynastic objects. January, 1863. In February the King of Prussia publicly Our great domestic difficulty in Lancashire is gradually refused to the representatives of his people the right to coming to an end. There may perhaps be reason for regret control the national expenditure, and the Greeks, who had that the principles of relief, approved by ordinary experience, by a quiet resolution chased King Otho back to his own were not more closely adhered to in some respects, by those Germany, by 230,000 votes expressed their desire to take who had the local administration of charity in their hands; an English prince for King. and by-and-by it will be well if all that has been done is calmly and carefully reviewed by some competent and impartial hand, in order that a chart may be formed to guide our course in any future emergency.

The event of March in England was the marriage of the Prince of Wales. It was on the last day of the same month that the French Emperor's banditti war against the But on the whole national life of the Mexicans was rescued from the ignowe are entitled to look back with pride and satisfaction at miny of complete defeat by the capture of Puebla. This was [LATEST EDITION.]

MILITARY JUSTICE.

We did some injustice to Colonel Crawley when we characterized as of unmatched irrationality his argument that the guilt of the untried prisoner Lilley was to be assumed from the fact of the legality of his arrest. We had, indeed, overlooked the reasoning of the President of the Court upon the same point, and carrying the absurdity still farther. "We may assume," said he, "that SergeantMajor Lilley was a culprit to the fullest extent, in consequence of the stringent orders given by superior authority for his close arrest."

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It is a corollary, then, that the close arrest of an untried man under the stringent orders of an officer in superior authority is tantamount to a conviction of his guilt to the fullest extent. What need, then, of trial, unless indeed it be to conform to the model of justice established by the famous judge in the Courts below, Rhadamanthus, who heard what his prisoners had to say in their defence after conviction and punishment.

To what purpose, then, do the Articles of War so carefully provide trial for the accused within reasonable time, if the orders of a General officer in high comassumed to the fullest extent alleged? mand can prejudge the whole case, causing guilt to be

The great Roman satirist asks, in the case of a man condemned under the worst tyranny,—

Sed quo cecidit sub crimine? Quisnam
Delator? Quibus indiciis? Quo teste probavit ?
Nil horum. Verbosa et grandis epistola venit.
A Capreis benè habet, nil plus interrigo.

In Lilley's case there was, indeed, the Delator, but all the rest was wanting-the proof, the witnesses; but not wanting the letter from head-quarters, grandis et verbosa, which settled the matter. The close arrest was directed

And

without any view to trial, and from that close arrest it is have been honestly applied, then they may have some renders a man legally irresponsible for his actions. asserted that guilt was to be presumed to the fullest extent, claim to boast that they treat nationalities better than they we are told that this degree of aberration may exist while no trial following to enable the prisoner to prove his do in Europe. The treatment may not be all satisfactory, he can distinguish wrong from right and is free from any innocence, if indeed it could be possible to do so against but Russia and Austria promise at last constitutional delusion, but under uncontrollable impulse. We should the avowed prejudice arising from the mere fact of the and national rights to Poles and to Hungarians. Whence simply substitute the word uncontrollable will, or will orders for a strict sequestration. A preliminary injustice there is no use in Turks promising what they would not uncontrolled by law, to solve the question by a clear statemay thus be made the warrant for a final injustice. There even know how to perform, had they the humanity and ment of it. And how much more truth there is in common forms of

is no remedy. There is the treatment upon which is based the will requisite.

the assumption of guilt, and there an end, no trial following, The administration of Christian provinces by Turks is speech than fine-spun theories of scientific pretension. nor having been contemplated by the superior authority, just as barbarous as ever it was, and so is the national The ruffian tells a trembling woman he "will have his whose avowed object was to prevent, not to deal with policy towards Christians independent or semi-independent" will of her." Dr Black would call it his uncontrollable offence. Sir Wm. Mansfield, indeed, had to confess that of them. The greater part of the Turkish army is at this impulse, because uncontrolled. The French have a phrase there was not evidence to support the charge of conspiracy, moment concentrated in the Christian province of Bulgaria of all work to excuse every lapse, "It was stronger than I upon which, nevertheless, he ordered the prisoners to be and literally eating it up, whilst its avowed object in being" am," and if this impersonal, indefinite plea could be detained in custody, in defiance of the Articles of War, there is to watch, that is menace, the provinces that are accepted for the yielding to every temptation, it would which would have given them the benefit either of trial independent of it. During the last months the Divan has serve excellently instead of the uncontrollable impulse. or liberation. But of what avail are articles of war if believed in the near prospect of war. Nor do they now military Dogberrys can be permitted to assume guilt from think it more than deferred till the spring. Fresh com- accepting all consequences rather than forego the vicious A man who gratifies a passion, hatred, lust, or cupidity, the arrest which follows accusation, whether false or true. plications of European events daily occur, and State has enjoyment within his reach, will say that the temptation was And how monstrous it is to hear this propounded as doctrine threatened State in a manner too open for fears and resent- too much for him, and beyond control; but the law makes by the President of a military tribunal, and what a key it ments to be appeased without an appeal to the sword. gives us to decisions that have hitherto seemed unaccountan example of him, that his punishment may serve to deter able. The first maxim of justice, the presumption of The partial and antagonistic alliance for war, which would others from yielding up self-control to criminal indulgence. innocence, is reversed if a rigorous confinement be directed have sprung out of a congress, rather than a universal The convict Townley passed judgment on himself in the by a superior authority, and though in the very order, agreement to prevent hostilities, is what has allured the words, "I have murdered her, and shall be hanged," and the admission be made that there are not grounds to Sultan to declare himself ready to appear personally in after helping to lay the body yet warm in the kitchen, he support the charge! Lilley was a culprit to the fullest Paris. The policy of the Turk, however, is less to join in went up to tea with the murdered woman's next of kin. extent, because confined by direction of the Commander- an onslaught upon Russia-he had enough of that in the That there was great irrationality in this, and in the in-Chief, who found no evidence against him to go to trial. Crimea-than to take advantage of a war in Europe to language of the man, it is easy to show, but it is a mistake We have to thank our correspondent V., whose letter Danube. The weakness of Egyptian Pashas has allowed ever, that crime is the perfection of reason, and impunity We have to thank our correspondent V., whose letter re-conquer immediate sovereignty in the provinces of the to confound irrationality with insanity. Assume, howwill be found in another place, for re-citing the memo- the Sultan to recover dominion and authority upon the is to be claimed for all those acts against the laws of God randum of the Duke of Cambridge, of December, 1862. Nile. A European war, and his own large armies, ably and man which have in them any sort of irrationality. We thought at the time, that the force of the reprimand led, would achieve on the Danube, he thinks, what circum- Othello's excuse for himself was that he had loved not conveyed not only to Colonel Crawley, but also to the two stances have accomplished on the Nile. wisely, and it would be easy to show in every crime some Generals, was not sufficiently understood, nor the justice default of reason; but let that pass for insanity, and all inspiring it duly appreciated. And we are more than ever This intention is quite evident in the whole conduct of confirmed in that opinion. There is no acquittal in that the Turkish Government towards Servia, and towards the gaols should forthwith be turned into lunatic asylums. judgment, and none of its effect is cancelled by the Court- Moldo-Wallachia. And if the Princes of these countries And, indeed, once admit the plea of uncontrollable imMartial, which has sealed the condemnation of Courts- have got under the shadow and shelter of our army, this pulse, and it must be as valid or invalid for offences against Martial as now constituted and conducted. We is merely the result of a legitimate and well-founded fear. the person and property as for crimes of blood. indeed wish that the Duke of Cambridge had gone further, It is rather preposterous, therefore, and indeed apparently ravisher must have the benefit of uncontrollable impulse; and brought to justice the injustice he censured, but to the ironical, for Turkish official writers (Franks, no doubt) to the garotter; the thief who snatches a jewel from a shopextent to which his Royal Highness went nothing could pretend at the present day that Turkey is the only country window; certainly the starving wretch who steals a loaf, be better, and never in fewer words was so much merited which respects nationalities; there being no autocracy in and perhaps the pauper who fires a stack of corn to obtain censure conveyed. Europe more desirous of swallowing up and crushing out the comforts of a convict prison. the Christian nationalities than the Turkish Government itself.

NATIONALITIES IN TURKEY.

may

UNCONTROLLABLE IMPULSES.

The

In

In all times there has been the fiction of some necessity for involuntary crime. In antiquity there were the Fates, superior to the gods in ruling the destinies of men. the middle ages the stars had to answer for all human iniquities. Well says Molière's Argante in reply to the Upon the plea of insanity set up in defence of Townley, plea of destiny: "Ah! Ah! Voici une raison la plus charged with the murder of Miss Goodwin, Mr Baron" belle du monde. On n'a plus qu'à commetre tous les Martin instructed the jury: "crimes imaginables, tromper, voler, assassiner, et dire, "pour excuse qu'on y a été poussé par sa destineé." The French more latterly discovered the force of circumstances to be the prime cause of offence. And our mad doctors, changing the external for the internal, call it uncontrollable impulse, the impunity allowed to which is too certain to appear in multiplied crimes of uncontrolled impulses.

That which the law called an insane mind was a mind which was

The Journal of Constantinople, the official organ of the Porte, published the other day a remarkable article, the aim of which was to establish that the poor, sick, and disorganized Christian countries of Europe stood in the most desolate need of a Congress, to remedy and patch up their States of anarchy, helplessness, and disorder; the under delusions-that was, a person whose mind was diseased, and Ottoman Empire being alone free from all these weak-who supposed a state of things to exist which did not exist, and nesses, and in the full enjoyment of prosperity and power. imaginary existence of things as if those things were real. whose diseased mind was in such a condition that he acted upon an We, journalists of the West, who are accustomed to look upon the Sultan as the Sick Man, and his country as little better than a large hospital or barrack, or both, have some reason to be surprised at this retort courteous.

the Times a long letter, the pith of which lies in this
This definition does not satisfy Dr Black, who writes to

passage:

"A variety of moral insanity, but very distinct from the disorder of serious fact that a life depends on it will have a subtle
the feelings and moral affections, as pervading the whole mind and influence on the judgment. The prisoner knows how to
perverting the moral character of the individual. In this instinctive play his part, and so to raise doubts, the benefit of which
madness the understanding is unclouded as it is in moral insanity. will certainly be given to him.
There is no hallucination or delusion. The will is occasionally under
the influence of a disordered impulse, which suddenly drives the But if this course is to be taken at last, would it not be
person affected to acts of the most revolting kind and to the com- better for the credit of justice, and fairer for its adminis-
mission of what he has no motive for doing. This impulse is trators, that it should be taken at first? If the inquiry
instinctive; it is irresistible."
whether Townley was insane or not had preceded the

will?

To our great astonishment we learn that the judge who tried Townley, though directing and approving the verdict There is a form of insanity which this legal definition does not of the jury, advised a farther inquiry to ascertain whether The assertion is, however, reasoned out. According to touch, but which is, nevertheless, of frequent occurrence, and which the Turkish official writer, the ills of Europe all come of irresistibly impels its victim to the commission of acts apparently of or not the prisoner was insane. For this a sort of new the oppression of nationalities. Most European States outrage and murder. This species of insanity is termed by the trial was directed by a Commission, with the change, consist of dominant races, which are severe upon subject "instinctive madness or insane impulse." According to E-quirol, guilty or not guilty. No matter how upright may be the French medical psychologists "manie sans délire," and by the English merely verbal in the issue, of mad or not mad, instead of ones; and hence comes the Polish war, the Hungarian "It is in some respects a different affection from that which has been intentions of persons entrusted with such an inquiry, the passive rebellion, and the Holstein uprising. One race designated moral insanity." By Pritchard it is regarded as will no longer bear to be dominated by another; and the only plan will be to adopt the Turkish policy, of allowing to each race its own autonomy. Thus, it seems, we are bidden to go to Turkey as to a school of government. The Sultan proposes to come to the Congress at Paris, in order to give it lessons in the science of government. At the same time, his Highness promises that he will take no lessons in turn. He offers to attend Congress solely on condition that nothing be there discussed that may affect the integrity of Is this science, or is it what they describe in the East inquiry whether he was or was not guilty of murder, a carethe Ottoman Empire. This means to say that the Turks as throwing words into the air? "The will is occasionally fully considered verdict would not have been nullified, will not suffer the Danubian question to be discussed, or "under the influence of a disordered impulse." What and a Criminal Court stultified. the Greek question settled, out of Constantinople. does that mean? Is the will an instrument, not a ruling Can we expect jurors to devote their time and best The assertion indeed is comical, though not altogether vernable impulse? Must not ungovernable impulse be the they know that the result of their most careful labours may The assertion indeed is comical, though not altogether power? How is the will to be distinguished from ungo-attention to questions of fact involving life or death when untrue, that the Turks alone have respected nationalities! They have done so indeed, wherever they were forced to There cannot co-exist in the mind two distinct be set aside by a private Commission? Will they not it. When the Turks first over-ran the rich plains north which this writer supposes to govern the will, is simply the come to a hasty conclusion, as there is sure to be another directing powers, the will and impulse, and the impulse, naturally be disposed to save themselves trouble and to and south of the Danube, they found that, unlike the action of the will itself. people of Asia, the Danubians preferred death to apostasy. inquiry reversing their decision? There was nothing left but to exterminate them. But if In the loose language of common parlance we talk of the Danubian population was exterminated, the Turks had doing things against the will, which is impossible, what is no other to replace them with. And they required to have meant being that we do the thing reluctantly, but the will the land somewhat cultivated, in order that their armies must be in the act, whatever it may be. A man who has had any mad ancestors may might subsist in passing over it to the conquest of A man with a pistol at his head gives up his purse to a himself privileged to commit murder without any fear of Hungary and of Europe. Hence the Danubians were robber. It is his will to lose his money rather than his the gallows, for he has only to play a very easy part afterallowed to live, and being so allowed, this more warlike life. His will conforms to a necessity against his disposi- wards, though it may be proved beyond a doubt that he soon grasped their weapons anew, fought, and tion. knew what he was about, and he will have the benefit of regained their independence. Those who did so attained their autonomy, and the Turks only refused it to those lable impulse. Dr Black adopts the new doctrine of an uncontrol- the theory of uncontrollable impulse. What benefit of Of impulses uncontrolled we have all clergy used to be benefit of medical crotchets is now. How races which were not so fortunate or so brave. The Turks our ample knowledge, but who but a mad doctor can it is that any bloodstained prisoner is mad enough not to have, in order to put an end to war, stipulated their withdrawal from the soil of Servia and Roumania. But they ledge of the uncontrollable? None but the Searcher of pretend to penetrate the inscrutable, and to have a know-pass himself off for mad is what we cannot comprehend. still tread down the unfortunate Bulgarians, another hearts can be in that secret. In a lunatic asylum, what Christian race, once a dominant one, but now unable to is the proportion of patients treated as beyond control and make even the commonest rights of humanity respected only to be restrained by force? and small as the proin their persons. portion may be, it is not certain that those diseased minds MARLBOROUGH STREET.-Antonio Capatali, an organ-player, was When the Turks begin to treat the Bulgarians as other are uncontrollable, but only that the means of controlling charged with annoying Mr J. F. Stanford, barrister, of Langham than rayahs, and when some of even the smallest safeguards them have not been discovered. But the present question place, by playing an organ in front of his house. Mr Stanford said, yesterday afternoon the defendant played his and institutions preserved in the Edict of Gulhani shall is not of raging madness, but of the degree of disorder that organ in front of his house in Langham place. As he was engaged

race

And that is not all: Medical authority is prevailing against the authority of the law, and criminal justice is losing more and more of its certainty.

THE STREET TORTURE.

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Mr Stanford said he was.

Mr Knox said the requirements of the Act were "illness or any reasonable cause." The complainant had shown a "reasonable"

in literary occupation, he was much annoyed by organ-players. He constables, and asked what she had in her basket; she them. But Fatherland has dreams not to be satisfied requested the prisoner to go away, and after a few minutes he went told them "it was some articles that she had got the day with Holstein if there cannot be filched from the away, but came back again and played his organ at the other side of "before in Greenock," and she showed them to her ques- Dane his own Duchy of Slesvig too. Well, in the house. Being desirous of making an example of the prisoner, in order that he might be freed in future from the nuisance, he gave tioners. After that, when they proceeded to cross-question compliance with the latest form of outcry Denmark, which him into custody. The prisoner became very violent and got a mob her, the gross imputation implied in their questioning had left to Slesvig and to Holstein all the local rights round the door, and he then procured the assistance of a second con- moved her to wrath, and she began to scold. Therefore, peculiar to each, while gathering them under its own stable, and the prisoner was removed to the station. she was hauled away through the streets to the lock-liberal constitution, obeyed the will of Germany by cutting Mr Knox asked the complainant if he was engaged in an occu"and was wrongously and falsely charged as a away Holstein from the constitution and even allowing to pation which rendered silence necessary. "thief, a robber, or a housebreaker, and locked that Duchy power to create for itself complete and abso"up and imprisoned in a cell, and detained there lute autonomy. The rent made by that act in the technical "till the morning of the following day, and brought machinery of the common Constitution had to be made "up and placed at the bar of the Central Police sound again by a revised constitution, which was simply "Court, charged as aforesaid; and having been liberated, the old one adapted to the narrowed limits of its operawas again detained till Wednesday, the 16th, when she tion, and left every right formerly existing in Slesvig perMr Knox said the organ-players were a most abominable nuisance," was finally discharged." She was unlawfully imprisoned, fectly untouched. For Germany to demand the repeal of there could be no doubt about that; but the question was whether therefore, for five days. For this wrong she brought action this Constitution also, and the complete disorganization of the prisoner was rightly in custody, or not. Had the prisoner been playing when the constable came up, he would have been justified in of damages in the Small Debt Court. The damages the Danish kingdom is preposterous. taking him into custody. The right course for the complainant to awarded by the sheriff were a guinea from each of the The Diet has exactly as much right to interfere in the pursue would be to take out a summons against the prisoner. constables, and a guinea from the officer on duty at the strictly domestic affairs of this country, and demand that police-station who took the charge that was no charge England shall repeal the Act of Union with Ireland. and, upon what we cannot call the strength of it ordered With Denmark and with Slesvig, that at no period of the housewife, who had been so rash as to go out of doors history was an appanage to the German Empire, with a basket on her arm, to be locked up. Germany has no right whatever to interfere. There

cause.

Police-constable Collins said the prisoner was not playing the organ when given into custody. He was sitting on his organ, and when given into custody he became very violent.

But how is a summons to be taken out? How is the vagabond's name and place of abode to be found out? He will always stop when a policeman appears, and where, then, is the remedy? How is it to be found out what his name is, and where he lives? Several magistrates have convicted upon the complainant's statement that the organgrinder did not cease to make his detestable noise when required, and Mr Knox might very safely have done the same; indeed, there is no other way of repressing the nuisance, and Mr Stanford justly observed:

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If the Act was to be strictly construed and carried out there would be no protection for him, because, when annoyed, the moment he went for a constable the men would put down their organs and pretend they were not playing then. The organmen came it requisite to watch. at half-past nine in the morning and continued playing all day long, in London, as either in front or at the back of his house. He was annoyed almost as much as Mr Babbage, and he found it equally difficult to wage

war with these men.

Mr Knox was most anxious to relieve the complainant, and, indeed, all who were similarly aggrieved; but he wished to do so in strict accordance with the law. He would, therefore, grant a summons, and if the man did not appear he would grant a warrant. The man was then discharged.

This certainly looks very much like putting salt on the bird's tail. And bad indeed must be the law which can only be carried out by so round-about, uncertain, and clumsy a mode of proceeding.

We trust the Act will be amended next Session, for as it stands it makes protection against annoyance exceptional, and gives up the thoroughfares generally to any persons who can profit by making a noise in them, either in the way of extortion or of pleasing those who happen to be

possessed of asses' ears.

Why is reasonable cause of objection required to an unreasonable use of the streets, which are not intended for orchestras? Suppose a set of vagabonds were to turn the front of your house into a stage, would or should that be suffered and just as little permissible it really is, in point of principle, to convert it to a place for any other sort of performance. The streets should be kept to their right uses, and are so in all well-regulated cities. In Paris street music is not allowed at all. The misleading fallacy here lies in the word music. Music, delightful as it is in season, is not desirable every hour from sunrise to midnight; but what torments us is not music, nor anything like music. The organ is an instrument of torture to musical ears, and the worse it is the more profitable it is, either by extortion or by pleasing the vulgarest taste. In Punch's Almanack there is an excellent illustration of

both the pain and pleasure given by this detestable instru-
ment. You see the alarm in the face of the sweet
sorrowing figure by the sufferer's bedside, and you see the
broad stamp of vulgarity on the coarse woman and the
pinched-up girl, without humanity, but with a taste for
them horgins."
And here we must acknowledge the
obligation to Punch for the war it wages with this nuisance,
which is more likely to be abated by the ridicule of the
pencil than by the plaints of the pen. It is by making
the supporters of the organs ashamed of themselves that
the nuisance will be most effectually suppressed. But the
brass bands should not be spared. Apollo knew what he
was about when he gave Midas the ears of an ass, and to
such ears the braying of brass bands is a kindred, congenial
sound. But the ass has it not all. It is not all bray,
The pig has its share, in the alternations of squeak and
grunt.
And against this music of a herd of swine you are
required to show reasonable cause of objection, dislike or
distaste not being admitted as valid. But surely we have
all a right to claim quiet, as much quiet at least as consists
with the necessary traffic and business of the streets, no
part of which is blowing horns or grinding organs.

READY SUSPICION.

For

To so light a fine it becomes necessary that the weight have undoubtedly been German princes who were Dukes of a little public censure should be added. The constables at once of Slesvig and of Holstein. But they held in the streets did, indeed, grossly exceed their duty, but Slesvig under Denmark, Holstein under Germany. they perhaps were sufficiently punished. The ordinary Holstein and Lauenburg alone is the King of Denmark police-constable is a man taken from the less educated side represented in the Federal Diet. To advise the of society, he has no highly-trained powers of discrimina- Danes, therefore, that for the sake of removing all possible tion, is bound to be very watchful, and at night or early occasions for war, they should concede to Germany a right on a winter's morning has not much light to help him in of dictation over their own soil, is to advise what will indiscerning the true character of anybody he may think crease instead of abating German eagerness for the prey The common result is that sought in all this mock negotiation, and is to advise Denin Glasgow, he reduces his duty mark to a course what it would be pretty nearly, or altoto the general formula of suspecting anybody who, between gether, treason for an Englishman to advise England herself sunset and sunrise, is seen in the streets carrying a basket, to follow. bag, or any form of bundle. Even in London a respectable man a-foot at dawn with a bag in his hand is likely to be watched, and if his haste cause him to run, is very liable to be chased, and to have the policeman's bull's-eye brought to bear upon his baggage. It is to the credit of at Cambridge, from time immemorial, or at least for a very the London police that the men very seldom indeed persist considerable period, to take possession, as a matter of right, too far on a false scent after any householder, however of the house of the Master of Trinity for the period of the humble, although we believe that even in London the assizes. The Master, not admitting this right, and as a number is great of oppressive arrests of unfriended and protest against the claim, has been in the habit of sending a formal invitation to the Judges on their entering the

desolate women.

JUDGES' ASSIZE QUARTERS.

It seems that the Judges of Assize have been accustomed

mistake as that made in this case by the Glasgow street protest, always return for answer that "they intend to
But there is no town in this country where such a gross county. And the Judges, we are informed, as a counter
police should be endorsed by the inspector at the police-"come to Trinity." This, of itself, is a very unseemly
station without bringing down upon him consequences position for her Majesty's Judges on the one hand, and for
warrant of imprisonment, and no charge but of the most other.
much more serious than a guinea fine. There was no the Master of the leading College of Cambridge on the
But, putting this out of the question, we think
trumpery suspicion. A messenger sent up the street to that the custom itself is a bad one, and should, therefore,
the woman's husband would have disposed even of that, be put an end to. As a general rule, the Judges, during the
suspicion so unfounded.
if it had been worth while to entertain at all exercise of their circuit duties, ought to have their own
for a whole day and night, without farther inquiry, before be billeted on any person, high or low, whether in the
But the woman was locked up independent dwelling at each assize town, and should not
she was brought before the police magistrate; and what town or county. We know that partiality on the part of
detained still as a prisoner from Saturday to Wednesday. sible. But it ought to be equally impossible that partiality
is yet worse, after he had dismissed the charge, she was any of these functionaries is out of the question,-impos-
Surely the learned sheriff was mild in his censure of so should be hinted at, or silently surmised. And yet, suppose
gross a defiance by the police of the most simple rights an action tried at the assizes between the Master of Trinity,
who had dealt with liberty of the subject so much after farmer in the country, and decided in favour of the Master
of the citizen, when to the light fine on a police inspector or the College itself, and a tradesman in the town, or a
the independent way of an old Neapolitan sbirro, he added or College? The Judge ought not to place himself in a
position, in which the righteousness of his decision or
whether instructed or ignorant.
direction can by possibility be called in question by any one,

a censure that sounds like a compliment:

that he was astonished that such an experienced officer sbould not have
As to the case against the defender George Phillips the Sheriff stated
given that time and attention to this particular case, and have used his
usual discrimination in judging of its merits, because, from long experi- informed, was on the ground that the winter circuits
The objection made the other day, if we are rightly
ence, his lordship knew that there was not a more able and attentive
officer in the whole police force; but in this case he considered that are
an innovation, and were not in contemplation
Mr Phillips was to blame in not looking after the interests of the pur- when the custom was introduced; and that the Master of
hier, and allowing her to lie so long in prison after he had got her in Trinity ought not to be saddled with this additional
burthen, even supposing the right to exist as regards the
Spring and Summer Assizes. And when we reflect that
the Judge actually takes possession of the Lodge, intro-
ducing the circuit cook and other servants, and entertaining

custody.

THE DANISH QUESTION.

We rather regret that the English Government has joined the Grand Jury and the Bar at dinner on their respective
Russia in advising the Danes to suspend the constitution of days, we can scarcely feel surprised that the Master should
November, which was simply a drawing together between object to this third infliction. But we should be glad to
Denmark Proper and Slesvig of those threads of connexion see the custom extinguished on the broader and more
which had been loosened by the act of excluding Holstein public ground, to which we have alluded. We understand
from the common constitution. Apart from all technicalities, that Mr Baron Martin was ultimately admitted at Trinity;
the simple statement of the case is this. Before 1848 all but that the matter has been referred to high legal
subjects of the King of Denmark were the subjects of an authorities for final decision.
absolute, irresponsible sovereign. The movements of that
year produced a change to constitutional government in
in the state of Denmark, which has proved valid COURTESIES EXCHANGED AT THE GATE OF
and substantial, not the mockery of constitutionalism
TRINITY COLLEGE, CAMBRIDGE.
adopted by the German Sovereigns. First Den-
mark alone had the constitution, granted. It was
promised also to Slesvig and Holstein, and was afterwards
duly given to them by an act of the king's will. But the
result of this was a binding together of Holstein with
Slesvig and Denmark by the tie of a liberty that is the
usual guarantee of order and content.

A respectable married woman in Glasgow had occasion
to go out early in the morning with a basket under her
arm, on the 11th of last month. She was seen by two
policemen, watchful against burglars, who chose to consider This did not suit the German agitators. On the plea
a woman with a basket under her shawl, early on a that Holstein had got what they had professed to want for
winter's morning, a just object of suspicion. They fol- it, in a way for which they had not bargained, they made
lowed her, and as they themselves say in their own the preposterous demands that we described last week.
defence, "when she saw them following her she wrap- Denmark was ready to the utmost to comply with the
"ped her shawl more tightly round her, and looked demands made by or for Holstein, reasonable or unreason-
"about her, as they thought, suspiciously." For wrap- able. The Holsteiners are Germans.
Holstein was an
ping her shawl more tightly about her as she walked old fief of the German empire, while Slesvig, once South
through the December morning air, and for not keep- Jutland, is and has always been held under the Crown of
ing her head still, this unlucky woman suffered Denmark. If Holstein could be cut away from Denmark
several days' imprisonment at the hands of a discrimi- and the Germans could take the Duchy, absorb it into Master:
nating Glasgow police. First she was accosted by the Fatherland, and be content, Denmark would give it

Baron:

December, 1863.

"Twixt Church and Law, with beak not claw,
Came off a wordy duel;

A learned Baron fought for Law,
For Church, the Doctor Whewell.
Law's well wigged champion claimed his due,
For ages acquiesced in;

The whole of Cam's assizes through,
Old Trinity to rest in.

"Hold, hold, good Sir," the Master cried,
You ask what's not in reason;
Welcome at Lent, or Lammas tide,
But not in winter season."
"The Queen's Lieutenant, here I stand,
Her sword of Justice wielding;
And you, and all throughout the land,
To me must aid be yielding.

As such I claim Trin: College Lodge,
To play the landlord's part in."

"Tis all,-(if that's your only dodge)
My eye and Betty Martin."

C. M.

Correspondence.

THE ALDERSHOTT INQUIRY. Sir,-Among lawyers it is a common saying, "that a blot is not a blot until it is hit;" in this case there were three blots, viz., two lesser and one larger. The country has been put to an enormous expense in the bringing over officers and men to speak to what P-the two smallest blots-and the inquiry occupied twenty-one days. If the large blot had been submitted to an English judge and jury, it would not have occupied half-a-dozen hours; and only three witnesses need have been brought from India, viz., Major-General Farrell, Sir William Mansfield, and the Regimental Surgeon, because the other medical testimony would have been obtained in England, who would have detailed the effect of a vitiated atmosphere on the respiration of a prisoner confined as Lilley was.

construed, Dr Wordsworth has no right to maintain that his hear. Consequently he put forward facts and opinions by no means
charitable hypothesis is anything more than a fiction. He bearing on the case. Sir Hugh Rose's opinion, Colonel Hatch's opi-
has placed himself in an uncomfortable position: but his nion, given months afterwards, were of no more value than Mr
duty is plain. He has made a protest: but he must not Harcourt's opinion, and yet they were calmly recorded on the pro-
confine himself merely to protests. If Dr Stanley, not ceedings. Other statements equally irrelevant wese ushered in with
openly disavowing those positions to which Dr Wordsworth great flourish. The absence of a document which could not be made
Dr Wordsworth ought to resign his Canonry. He will then, quired. Strong and persistent allusions were made to mutiny and
objects, is inducted into the Deanery of Westminster, then and it was insisted upon that it could prove what the prisoner re-
public in accordance with official rules, was turned to great account,
at least, have from all Englishmen the full credit of honest conspiracy in the regiment, necessitating harsh measures-in fact, in
sincerity. If he is not prepared to do this, what justification the prisoner's address his case was boldly put upon the ground of
parties in the Church of England seem fond of interchanging ? to show that there was either conspiracy or mutiny. The counsel for
is to be found for the requests of resignation which various mutiny or no mutiny-where not a tittle of evidence was adduced
I am, Sir, faithfully yours,
the prisoner evidently felt that he might do exactly as he pleased;
for his defence consisted of a wholesale bold and persistent assertion
of everything likely to assist his client's case, whether it was evidence
or might have been evidence, or was suggested as evidence, or was
rejected as evidence. A Court whose procedure allows such irregu-
larities cannot expect to find its decisions received with respect, and
we trust that before long steps will be taken to bring the trial of
military officers by their peers to something approaching the simple
and satisfactory condition of the proceedings in outer courts of law.

PRESBYTER ANGLICANUS.

ECCLESIASTICAL DELAYS. Sir-Can any of your readers suggest a satisfactory explaIf Major-General Farrell and Sir William Mansfield had nation of the unusual delay of the Committee of the Privy been called they must have told what it was, and at whose Council in giving judgment in the cases of Wilson v. Fendall, instance they were induced to sign the two orders which and Williams v. the Bishop of Salisbury? The Court-! sheltered the prisoner at Aldershott; that the whole of the Martial upon Colonel Crawley, a far more numerous body, circumstances were known at the Horse Guards is shown by announced their decision almost immediately; why should the memorandum of the Duke of Cambridge, Dec. 18, two clergymen, whose case has been so amply discussed, be 1862. His Royal Highness says: kept in uncertainty? If the decision is to be against them, be promptly relieved from their anxiety; to say nothing of they should know the worst; if in their favour, they should the number of persons, clerical and lay, who are waiting to know from their lordships whether on such points as the nature and extent of the Inspiration of the Scriptures, and the nature and duration of punishment in the world to come, opinion is as free to the clergy of the Church of England as the appellants contend, or as rigidly fettered as their prosecutors have alleged.—I am, &c., X. Y. Z. December 28, 1863.

There are other points in Lieutenant-Colonel Crawley's conduct of which his Royal Highness cannot speak in too strong terms. His Royal Highness alludes to the confinement, under arrest, of certain non-commissioned officers during the trial, under a charge of conspiracy, which was never attempted to be proved against them, and for which there seems not to have been a shadow of foundation. His Royal Highness has also reason to believe that, had the Commander-in-Chief in India been better acquainted with some of the facts of Sergeant-Major Lilley's case, he would have taken a different view of it from that which his remarks prove him to have done, and would not have attributed the death of that unfortunate non-commissioned officer to excess.

It is not too late for Parliament to order that right shall be done by the laws of England. If a court-martial order a man to be flogged where they have no jurisdiction, and the flogging kills the man, the members who concurred in that order are guilty of murder.-(Per Heath J., 4 Taunt. 77.) So, if by duress of imprisonment a prisoner die, it is murder in the gaoler. And this duress is said to be inflicted on every one, that by the usage of his keeper is brought nearer to death and further from life; and therefore it is said not to be material whether it proceeds from the neglect and carelessness of the gaoler, or from any actual violence, and may be effected by confining the prisoner too closely in noisome place.-See Bacon's Abridgment, vol. v, page 753. Seventh edition.

See State Trials, Huggins' case, vol. xvii, page 375.

committed.

Hyde-park terrace.

ALDERSHOTT COURT-MARTIAL.

V.

A Fifty Years' Reader of the Examiner for its Truthfulness.

a

THE CONDEMNED COURT-MARTIAL.
[From the Globe.]

THE LITERARY EXAMINER.

The Pentateuch and Book of Joshua Critically Examined. By the Right Rev. John William Colenso, D.D., Bishop of Natal. Part IV. Longman and Co. Dr Colenso confines himself in this part to a critical examination of the historical matter in the first eleven chapters of Genesis. The part forms an independent work, which may be read by any one who now wishes to know for himself what is the head and front of the Bishop of Natal's offending. We think that it will appear to many dispassionate readers, however far they may be from assenting to all the deductions of the argument, that Dr Colenso, who has been the mark for much vilification and has not flinched from discussion, still retains the credit of conclusion that it is next to impossible for any court-martial of an never suffered himself to be provoked to an unchristian in some respects at least, as a failure of justice, we may come to the having kept his case clear of all evil-speaking. He has important character to have a satisfactory conclusion. It was got word, or a word that can rankle in the mind of an antagoup with the greatest care. beration by those whose official position apparently made them the is quite true that to an angry man there is, at the moment, The charges were framed with due deli-nist after the heat shall have passed out of the debate. It most competent to frame them. The prosecution was conducted under the eye of the authorities, as well as the eye of the public. None of something bitter in complete forbearance; and there are in a trial taking place in a distant locality, and conducted by men making it another sign of Dr Colenso's want of orthodoxy those lapses took place which may be looked upon as ordinary incidents some of his antagonists who seem practically bent upon new to the work. If the Aldershott Court-martial was bad in any that he does not argue passionately and revile when he respect, the system itself must be bad. Those looking at the proceed- should reason. ings with competent and careful eyes will have little difficulty in One other noticeable fact-wholly apart

If the result of the late Court-martial at Aldershott is looked

upon,

Putting aside the prolixity of the proceedings caused by the

The

It is highly important, and devolves on the House of Com-settling both questions in the affirmative, and we may at once express from any question as to the worth of his theological critimons, to see whether the law has been lawfully carried out. a hope that Colonel Crawley's trial may be the last of the kind we cism-is the distinctness with which Dr Colenso has What is the use of Articles of War or Acts of Parliament are destined to witness under the present system. if they are to be disregarded and trampled under foot ?always drawn the line between reverent acceptance of the and then comes the consideration, whether, in disregarding necessity of writing down every question and answer, under which piritual teaching of the Old Testament, and a free examthe law, a high crime and misdemeanor has or has not been the useful institution of shorthand is altogether ignored, one of the ination of the degree to which its earliest books may be first things likely to strike the observer is, that most of the leading considered literal narratives of historical events. His chief personages are misplaced, and are asked to perform functions for which offence is that he has acted upon a just opinion widely, if their experience and professional position have given them no qualifi- not almost universally, held in the Church, but held cation. Thus Mr Denison, being a barrister, is asked to do what is usually as passive opinion. Yet even in that form it is HOW THEY TALK IN THE RANKS ABOUT THE beforehand, and instruct the counsel. Sir Alfred Horsford, being a not seldom expressed well and emphatically, as in the the work of a solicitor-namely, to get up the case, sift the evidence very gallant soldier, is asked to fill the place of the counsel thus following passage, which Dr Colenso quotes, with others, Sir,-Is it possible that this sham Court-Martial can end legal judge, who has to direct the Court upon questions of law and briefed by Mr Denison. The Acting Judge Advocate-General, or from the recent charge of the Bishop of St David's. thus? I cannot believe that we are so far debased as to lose evidence, instead of being a man of magisterial habits, is also a soldier. related in the Old Testament has no more apparent connection with all interest in defence of the oppressed. It is, and always has The Judge Advocate, the person who reviews the proceedings and Bishop Thirlwall adds, p. 123: "A great part of the events been, in all ages, the object of rulers to get rid of what they advises her Majesty upon them, is the referee of the Court, and has, history, so far as it is a narrative of civil and political transactions, our religion than those of Greek and Roman history. are pleased to call the unmanageable-men who cannot, and unassisted, to review his own decisions. The Court, which is nothing has no essential connection with any religious truth; and if it had will not, stoop to servility, although they daily see that this if it is not competent, honestly declares itself incompetent, and in its been lost, though we should have been left in ignorance of much that is the only ladder by which they can reach distinction. difficulties, asks to be directed by the last court of appeal-the same What enabled the French army to gain such signal vic- Judge Advocate-General. The Deputy, who would constitute this we desired to know, our treasure of Christian doctrine would have tories but the rewarding of merit wherever it was to be last court of appeal were his chief absent or ill, appears as solicitor on remained whole and unimpaired. The numbers, migrations, wars, found that a soldier's friend would not suffer himself to be the side of the prosecution. Almost every one of the prominent battles, conquests, and reverses, of Israel, have nothing in encumbered with the cursed upas tree of aristocracy. Let actors is cast for a part altogether out of his line. common with the teaching of Christ, with the way of salvathe old non-commissioned men come forward and speak out engaged in the prosecution or the trial of Colonel Crawley, and if we with the spiritual revelation contained in the Old Testament, much We should be sorry to say one word unduly reflecting upon those tion, with the fruits of the Spirit. They belong to a totally the truth, and nothing but the truth, and subscribe their mite at once tell them that they failed to give satisfaction we mean no less with that fulness of grace and truth, which came by Jesus different order of subjects. They are not to be confounded to the poor old man as some recompense for the loss of a son more reflection than if we pronounced them unable to make watches Christ. Whatever knowledge we may obtain of them, is, in a whose Regiment was so proud of him. I send my mite, 10s., or to play the violoncello. They were put to do that which they religious point of view, a matter of absolute indifference to us; and, as a beginning. I am, &c., had never learned to do, which it was not their business to do, and if they were placed on a level with the saving truths of the Gospel, ONE WHO WAS DRILLED 1798, the result may be embodied in the familiar word-muddle. When a the President's chair, "We do not know much of the laws of evidence indeed exist in the minds of pious and even learned men: but it is venerable and gallant old soldier like Sir George Wetherall says, from they would gain nothing in intrinsic dignity, but would only degrade that with which they are thus associated. Such an association may in courts-martial-we only want to arrive at the truth," we do not seek to lessen by one atom the respect which his years and services only by means of an artificial chain of reasoning, which does not CANON WORDSWORTH AND DEAN STANLEY. so deservedly inspire, in making the remarks that such an observation carry conviction to all beside. Such questions must be left to every requires, namely, that an acquaintance with the laws of evidence is one's private judgment and feeling, which have the fullest right to Sir,-We have heard much, during the last year, of the one of the first and most important requisites in any court of law, and decide for each, but not to impose their decisions, as the dictate of duty of resigning offices under certain circumstances. We that so far from being antagonistic to the best means of arriving at an infallible authority, on the consciences of others. Any attempt have been told by the Bishop of London that if a man comes the truth, these laws are simply the reduction to rule and formula of to erect such facts into articles of faith would be fraught with danger to any conclusion not consistent with the teaching of the the means which the experience of ages and the testimony of the of irreparable evil to the Church, as well as with immediate hurt to Church of England, he ought to throw up any ecclesiastical wisest men have pointed out as the simplest, shortest, and safest preferment which he may chance to hold: and the Bishops, decision of a court of law which thus describes itself through its Church than Mr Perowne, who, aghast at finding himself means of arriving at the truth. Can we feel surprised at any as a body, have agreed in requesting the Bishop of Natal to President? Can we wonder at the marvellous illegalities by which Few men are more heartily entitled to the respect of the resign his see, because they think he has contravened this the Aldershott inquiry was marked? Can we wonder that the public courteously cited by Dr Colenso in his Preface as an teaching. But it will be allowed-or rather eagerly asserted-by Or that the outside public shake their head, and are dissatisfied? who apply law and logic and reason to the institution condemn it? authority against belief in a universal deluge, has this week their opponents, that if the authors of Essays and Reviews,' written an injudicious and unnecessary letter to the Times. We do not say a word of censure as regards the members of the Mr Perowne is not really misrepresented. Nothing was or if Bishop Colenso, refuse to yield to such pressure, it is Court, and we are equally disinclined to blame the prosecution, not- more natural than for Dr Colenso to illustrate opinion in because they wish to widen the terms of communion in the withstanding certain manifest failings. We shall put aside the the Church by pointing to the fact that in Dr Smith's English Church, not to narrow them. They wish to rest spokesmen on each side, and take those who are really responsible those terms less on a dogmatic basis, than on a living faith in for what was spoken-Mr Denison, on the one side, and Mr Har-Dictionary of the Bible,' when you turn to " "Deluge," a Living God. Whether right or wrong, they stand on a court on the other. We find the difference between the two well you are referred to "Flood," and when you turn to very different ground from those who avow their desire to exemplified in their respective addresses. Flood," you are referred to Noah, the postponement uphold or create stringent barriers, beyond which freedom the Court a closely reasoned, logical, and we think, notwithstanding being commonly attributed to the difficulty of getting an of thought is not to be allowed. To this party Dr Words- analysis of the facts essential to a conviction. Mr Harcourt did not article worthy of the book that should not seem dangerous to worth professedly belongs. Like Archdeacon Denison and pay the same respect to the tribunal, for he evidently sought to work somebody. And after all, when the article appeared, from others who hold the same views, he has been very much upon their feelings by a kind of Old Bailey speech, which is the nor- the pen of Mr Perowne, the notion of a Universal Deluge pained and shocked at the appointment of Dr Stanley as mal means of brazening out a lame case. Mr Harcourt, be it said was abandoned in the following passage, which Dr Colenso Dean of the Church of which he is a Canon. He implies without offence, seemed to gauge his audience better than Mr Denipretty plainly that he looks on Dr Stanley as a very great son, for he succeeded. The speeches indicate the conduct of the case quotes, with the comment which we leave appended to it: heretic, or, at the least, that his published books contain a on both sides. Mr Denison thought that if he could prove certain "It is not only the inadequate size of the ark to contain all, or great deal of heresy; and he writes as though, in his belief, few facts essential to the issue his case was safe and a conviction anything like all the progenitors of our existing species of animals, the Sanctuary of Westminster must be defiled by Dr Stanley's imminent. And possibly, therefore, he omitted to press certain which is conclusive against an universal Deluge. It is true that presence in the Deaconal stall. But he strives to reconcile admitted certain things as evidence, none of which would have hap- that could only mean two of every animal then known to him, unless points and drive home certain inconsistencies of statement, and Noah is told to take two of every living thing of all flesh:' but himself to this disagreeable sight by the convenient fiction pened if he thought his task less easy. Mr Harcourt, on the con- we suppose him to have had supernatural information in zoology that in making his subscriptions on admission into office, Dr trary, evidently went upon the old theory that everything uttered imparted, a thing quite incredible.

Mr Denison delivered to " all that is cried out to the contrary, in the main a very conclusive

numberless souls."

Stanley will virtually retract all his heresies, explicit or im- during a trial, in effect goes to the jury. It may be not relevant nivorous animals supplied with food during their twelve months Again, how were the carplicit. Now, people in general know that this is a fiction; or legal, and it may be instantaneously rejected, but some impression abode in the ark? This would have been difficult even for the very and until he hears that Dr Stanley intends his acts so to be arising from it is apt to remain upon the minds of those who limited number of wild animals in Noah's immediate neighbourhood

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For the very large numbers, which the theory of a universal Deluge when Mendelssohn was in his twenty-fourth year.

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to bring; and, in order to guide the movements of others, we must

We this, and if they are even moderately applauded or flattered, they supposes, it would have been quite impossible, unless again we have find him writing from Berlin to various friends: amongst instantly declare that they have effected a revolution du goût. This is recourse to miracle, and either maintain that they were miraculously (why I behave so badly when they do me the honour (as you call it) supplied with food, or that, for the time being, the nature of their others, to Moscheles in London, humorously exculpating to rank me among the leaders of this movement, when I well know teeth and stomach was changed, so that they were able to live on himself from the accusation of not having gone to hear a that, for thorough self-cultivation, the whole of a man's life is required vegetables. But these hypotheses are so extravagant, and so utterly certain Madame B, and giving very good reasons why (and often does not suffice); and also because no Frenchman, and unsupported by the narrative itself, that they may be safely dismissed he staid away. Besides performing all sorts of variations no newspaper, knows or ever can know what the future is to give or without further comment... Indeed, it is out of the question to imagine that the ark rested on the top of a mountain (Ararat), which by Herz, which he had heard thirty times over, she played, first be in motion ourselves, while such reflections cause us to look is covered for 4,000 feet from the summit with perpetual snow, and he says, between the acts, a custom which he considers back on the past, not forward. Progress is made by work alone, and the descent from which would have been a very serious matter both most obnoxious. "First, up goes the curtain, and I see not by talking, which those people do not believe. to men and other animals."-ii, p. 567-569. "before me India, with her pariahs, and palm trees, and Interesting as Mendelssohn was to all who observed him Yet the statement in Gen. vii, 5, that the tops of the mountains "prickly plants, and then come death and murder, so I in the ordinary relations of life, he was eminently so where were not seen until seventy-three days after the Ark" rested," proves must weep bitterly; then up goes the curtain again, and family ties called forth his feelings; thus, on the occasion that, if it rested on Ararat at all, it must have been upon the summit. "I see Madame B- with her piano, and a concert of his father's death, which happened unexpectedly in 1835, I have shown, however, in chap. xx of this Part that a partial Deluge, of the kind here described, ie quite as impossible as a general one. "ensues in every variety of minor key, and I must applaud he writes to the Pastor Schubring as follows: There is no use, therefore, in twisting the plain meaning of the "with all my might; then follows the farce of Ein Scripture, to make it say what to the "wayfaring man" it certainly "Stündchen vor dem Potsdamer Thor,' and I am ex- his end was as peaceful and quiet, and as sudden and unexpected as God granted to my father the prayer that he bad often uttered; does not say. But I doubt if any article could be written upon the 'pected to laugh. No! This I cannot stand, and these he desired. On Wednesday, the 18th, he was surrounded by all his Deluge in this day,-by any one who desired to maintain some character as a man of science or, indeed, of common sense,—more are the reasons why I do not deserve your censure." family, went to bed late the same evening, complained a little early conservative than that which Mr Perowne has written. He is there- Towards the close of the year, being established as musical on Thursday, and at half-past eleven his life was ended. The phy fore, I presume, a most unexceptionable witness. superintendent of the Düsseldorf Theatre, he writes to his Moses died in a similar manner, so my uncle told us, at the same sicians can give his malady no name. It seems that my grandfather The Bishop of Natal thus expressly tells his readers that sister, Rebecca Dirichlet, to describe the difficulties that age, without sicknese, and in a calm and cheerful frame of mind. I he cites Mr Perowne-whom he distinguishes also as "one lay in his way, and speaks of one of those obstacles which do not know whether you are aware that more especially for some "of the few Hebrew scholars in England"-as an unex- so often occur where one meets with a laudator temporis years past, my father was so good to me, so thoroughly my friend, that I was devoted to him with my whole soul, and during my long ceptionable witness, because he is one who shrinks from acti. absence I scarcely ever passed an hour without thinking of him; but change, one who is not an innovator. What more than I must tell you that really no appropriate epithet exists for the as you knew him in his own home with us, in all his kindliness, you this has Mr Perowne told the public through the Times? music which has been hitherto given here. The chaplain came and can well realize my state of mind. The only thing that now remains He has said, indeed, that he has no sympathy with the complained to me of his dilemma; the Burgomaster had said that is to do one's duty, and this I strive to accomplish with all my strength, spirit in which Dr Colenso writes. But he can hardly though his predecessor was evangelical, and perfectly satisfied with for he would wish it to be so if he were still present, and I shall never the music, he intended himself to form part of the procession, and cease to endeavour to gain his approval as I formerly did, though I mean that. Here is in a few sentences the spirit of all insisted that the music should be of a better class. A very crabbed can no longer enjoy it. When I delayed answering your letter, I Dr Colenso's industry of discussion, be he right or be he old musician, in a threadbare coat, was summoned, whose office it little thought that I should have to answer it thus; let me thank you wrong: had hitherto been to beat time. When he came, and they attacked for it now, and for all your kindness. One passage for "St Paul" was him, he declared that he neither could nor would have better music; excellent, "der Du der rechte Vater bist." I have a chorus in my if any improvement was required, some one else must be employed; head for it which I intend shortly to write down. I shall now work that he knew perfectly what vast pretensions some people made now- with double zeal at the completion of "St Paul," for my father a-days, everything was expected to sound so beautiful; this had not urged me to it in the very last letter he wrote to me, and he looked been the case in his day, and he played just as well now as formerly. forward very impatiently to the completion of my work. I feel as if was really very reluctant to take the affair out of his hands, though I must exert all my energies to finish it, and make it as good as there could be no doubt that others would do infinitely better; and I possible, and then think that he takes an interest in it. could not help thinking how I should myself feel, were I to be summoned some fifty years hence to a town-hall, and spoken to in this strain, and young greenhorn snubbed me, and my coat were better, and I felt rather uncomfortable. seedy, and I had not the most remote idea why the music should be

We, then, Ministers of the Church of England,-Ministers, not of a medieval, but of a Reformed Protestant Church, are at once both exercising our right, and discharging our duty, in declaring to our people, as opportunity shall offer, "the truth, the whole truth, and nothing but the truth," on these matters, so far as we already know it. And, when all Europe is moving on with the advance of the age, we must refuse, as the clergy of a great National Institution, to be held in fetters by the mere word of any man, or to be forbidden to search out thoroughly the truth, in respect of these questions of science and criticism, and to speak out plainly the truth which we find.

the various races of mankind.

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"the piano, and on my bed a comb and brush, and a pair
of boots (Bendemann and Jordan had left these as visit-
"ing cards)"-significant memorials of a not over studious
society. And when Mendelssohn did address himself
seriously to work, he met with other interruptions:

Here is some excellent advice on the subject of publishing, which it would be well for the lady aspirants to literary fame of the present day to take into their earnest consideration. It is contained in a letter from Mendelssohn to his mother:

I

For instance, while drawing from these first chapters of Genesis such religious lessons as may be fairly and naturally drawn from them (161), we may proceed to show how we here possess, by the The state of musical life at Düsseldorf at that time was gracious gift of God's overruling Providence, a precious treasure in rather helter-skelter. Excusing himself for negligence in You write to me about Fanny's new compositions, and say that I these most ancient writings, some parts of which are, beyond all not writing to his sister, Fanny Hensler-that sister to ought to persuade her to publish them. Your praise is, however, doubt, as we believe, among the most ancient now extant in the world. whom he was so devotedly attached-he bade her remember quite unnecessary to make me heartily rejoice in them, or think them For we have here preserved to us a most deeply interesting and instructive record of those first stirrings of spiritual life among the that he is a town director, a beast of burden that has much charming and admirable; for I know by whom they are written. I Hebrew people, which prepared the way for the fuller Revelation, in to do, and it would seem something to endure, for he says: will do' all in my power to obtain every facility for her, and to hope, too, I need not say that if she does resolve to publish anything, God's due time, of His Fatherly Love, in the Gospel of Jesus Christ, Lately, on my return home, I found two chairs standing relieve her, so far as I can, from all trouble which can possibly be from which also, by the quickening influences of the Spirit of Grace," on my writing-table, the guard of the stove lying under spared her. But to persuade her to publish anything I cannot, has been developed by degrees our modern Christianity,—not without contributions from the gifts bestowed on other portions of the great because this is contrary to my views and to my convictions. We Human Family, as the same good Spirit has been revealing all along have often formerly discussed the subject, and I still remain exactly the Name of their Creator to the hearts of men, "at sundry times and serious matter (at least it ought to be so), for I maintain that no one of the same opinion. I consider the publication of a work as a in divers manners," by different means, in different measures, among should publish, unless they are resolved to appear as an author for And then, too, while tracing in these chapters the first imperfect the rest of their life. For this purpose, however, a succession of works beginnings among the Hebrew people of cosmological, astronomical, If you will do all this for me, write me a few lines immediately to looked for from publishing, where one or two works alone are in is indispensable, one after another. Nothing but annoyance is to be geographical, ethnological, science, we may say plainly that the Berlin, for I am obliged to go there for three or four days with my question; or it becomes what is called a "manuscript for private accounts of the Creation, &c., there given, cannot possibly be regarded father, who went to England with me, and was dangerously ill there. circulation," which I also dislike; and from my knowledge of Fanny as historically true, since the results of Modern Science emphatically Thank God, he is now quite restored to health; but I was under such I should say she has neither inclination nor vocation for authorship. contradict them. But we may go on to say also that Science itself is dreadful apprehensions the whole time, that I shall leave nothing She is too much all that a woman ought to be for this. She regulates God's precious gift, light coming from the Father of Lights, and undone on my part to see him once more safe at home. I must, her house, and neither thinks of the public nor of the musical world, specially coming in greater splendour in this very age in which we however, return forthwith and proceed to Düsseldorf, where you are nor even of music at all, until her first duties are fulfilled. Publive, and given to us by His Grace in order that, by means of it, we probably aware that I directed the Musical Festival, and subsequently lishing would only disturb her in these, and I cannot say that I may see more clearly than before His Glory and His Goodness. decided on taking up my abode there for two or three years, nominally in order to direct the church music, and the Vocal Association, We have taken no part whatever in the theological and probably also a new theatre which is now being built there, but argument raised by Dr Colenso in these books. We simply reality for the purpose of securing quiet and leisure for composee in him an honest man, who puts himself to a very sition. The country and the people suit me admirably, and in winter great deal of trouble and pain, that he may do what his "St Paul" is to be given. I brought out my new symphony in conscience tells him to do, and speak fearlessly what he England, and people liked it; and now the "Hebrides" is about to But even in the midst of his most serious moods lightbelieves to be a truth. He may be very wrong in his but I hope the things of real value are yet to come. I trust it may the letter from which the following extract is taken was be published, and also the symphony. This is all very gratifying, ness of heart was constantly predominating. To be sure, opinions, but he is right in saying what he thinks, and be so. It is not fair in me to have written you such a half-dry and written during his honeymoon, at Bingin, in 1837: saying it to as many people and with as much emphasis as wholly serious letter, but such has been the character of this recent he can, if he believes it to be important. A man however period, and so I am become in some degree like it. wrong in his views who thus, honestly and in spite of It was at Düsseldorf that Mendelssohn began his Oratorio discouragement, speaks as he thinks and asks to be set of "St Paul," and in August 1834, he wrote to Pastor right if he be wrong, doing this courteously and without Schubring of Dessau, who had sent him scriptural passages meeting even fierce abuse with a harsh word, has a right to work upon, saying: "The first part of 'St Paul' is now to a respectful hearing and a calm, sufficient demonstra- "nearly completed, and I stand before it ruminating like tion of his errors. Every word of mere abuse given in "cow that is afraid to go through a new door, and I never place of clear, truth-knowing argument by men of high seem to finish it";-but by getting rid of the trammels authority in the Church, has only served as a nail to fasten of his office he made more satisfactory progress with his the opinions declared unorthodox upon the country. famous work, and writing about it to his sister Fanny he incidentally makes a remark on change of style in playing which is worth remembering. "I don't at all approve," he Letters of Felix Mendelssohn Bartholdy, from 1833 to says, "of your taking the opportunity of hearing Lafont to 1847. Edited by Paul Mendelssohn Bartholdy, of speak of the revolution in the violin since Paganini, for I Berlin, and Dr Carl Mendelssohn Bartholdy, of Hei-"don't admit that any such thing exists in art, but only in

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approve of it. I will not, therefore, persuade her to this step,forgive me for saying so. If she resolves to publish, either from her to assist her so far as I can; but to encourage her in what I do not own impulse or to please Hensel, I am, as I said before, quite ready consider right is what I cannot do.

I occupy myself continually here in drawing figures, but I don't succeed very well. From want of practice this winter, I have forgotten what I knew much better last summer, when Schadow gave sketch peasants, soldiers, old apple-women, and street boys. Yesterme every day a short drawing lesson at Scheveling, and taught me to day, however, I made a drawing of Bishop Hatto, at the moment of being eaten up by the mice,-a splendid subject for all beginners. In this letter, music, the Rheingau, and gossip go hand-in-hand. Forgive this, dear Mother. It is the same in real life.

Congratulating his friend Ferdinand David on the development of his musical abilities, Mendelssohn makes the following remarks expressive of his love for true art:

tions, but inferior talents, and others with great talents yet low It is often grievous to me to see so many with the noblest aspiratendencies; so that to see true genius, combined with right good will, doubly cheering. People of the former class swarm here; almost all the young musicians who visit me may, with few exceptions, be

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delberg. With a Catalogue of all his Musical Com-"the people themselves." . "I was lately shown included in that number. They praise and prize Gluck and Handel, positions, compiled by Dr Julius Rietz. Translated" a couple of new French musical papers, where they allude by Lady Wallace. Longmans.

and all that is good, and talk about them perpetually, and yet what "incessantly to a révolution du goût and a musical transi- they do is an utter failure, and so very tedious. Of the second class there are examples everywhere. As I said, therefore, the very thought of your character rejoices me, and may Heaven permit us to succeed thoughts, and in holding fast all that is dear and sacred in art, so that more and more in candidly expressing our wishes and our inmost it shall not perish ! . . .

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day, and of our own, is well expressed in a letter to ProMendelssohn's opinion on "Pietism," the cant of his fessor Schirmer at Düsseldorf:

The second series of Mendelssohn's Letters is not less" tion, which has been taking place for some years past, in interesting than the first. It is true that the subjects dis" which I am supposed to play a fine part; this is the sort cussed in the present collection are, on the whole, more "of thing I do detest." He reverts to this subject in especially adapted to musical than to general readers, but subsequent letter to his sister Rebecca: everywhere the same charm prevails, everywhere we see Observe, I think that there is a vast distinction between reformation the reflection of the same pure and healthy mind. These or reforming, and revolution, etc. Reformation is that which I desire letters, say the editors in their brief preface," commence to see in all things, in life and in art, in politics and in street pavement, directly after the termination of the former volume, and and Heaven knows in what else besides. Reformation is entirely "extend to Mendelssohn's death. They accompany him but a revolution, by means of which all that was formerly good (and conceive to be the meaning of the word, and what your expressions negative against abuses, and only removes what obstructs the path; So I am said to be a saint! If this is intended to convey what I "through the most varied relations of his life and vocation, really good) is no longer to continue, is to me the most intolerable of lead me to think you also understand by it, then I can only say that, "and thus lay claim, at least partially, to another kind of all things, and is, in fact, only a fashion. Therefore, I would not for alas! I am not so, though every day of my life I strive with greater "interest from that of the period of the gay, though not a moment listen to Fanny, when she said that Lafont's playing could earnestness, according to my ability, more and more to resem gratis inspire no further interest since the revolution effected by Paganini; character. I know indeed that I can never hope to be altogether a "insignificant enjoyment depicted by him in the letters for if his playing ever bad the power to interest me, it would still do saint, but if I ever approach to one, it will be well. If people, how"written during his travels." The value of all collections so, even if in the meantime I had heard the Angel Gabriel on the ever, understand by the word "saint," a Pietist, one of those who lay of this kind is best shown by extracts, and as we pass violin. It is just this, however, that those Frenchmen I alluded to their hands on their laps, and expect that Providence will do their lightly through the volume we shall cite those passages can form no conception of; that what is good, however old, remains work for them, and who, instead of striving in their vocation to pres which tend most to exhibit the character of the gifted beways it, even although the present must differ from the past, on towards perfection, talk of a heavenly calling being incompatible because it emanates from other and dissimilar men. Inwardly they with an earthly one, and are incapable of loving with their whole are only ordinary men like the former, and have only outwardly hearts any human being, or anything on earth,-then God be praised! The present series dates from the beginning of 1833, learned that something new must come, so they strive to accomplish such a one I am not, and hope never to become, so long as I live; and

composer.

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