Imagens das páginas

has had formerly and usually, and Ready and Easy Way to Establish a what in its osyn nature it tends to, and Free Commonwealth," (1660,) is apt to produce, it is infinitely sottish “ The Parliament of England, assisted and irrational to imagine or suppose by a great number of the people who apthat it will not produce or cause in peared, and stuck to them faithfullest in the world for the future." And he defence of religion and their civil liber“ believes hardly any nation or Go- ties, judging kingship, by long experience vernment but ours would suffer the a government unnecessary, burdensome, same cheat to be trumped upon it and dangerous, justly and unanimously twice immediately together.”

abolished it, turning regal bondage into a From the many proofs with which free Commonwealth, to the admiration history abounds of the accuracy of and terror of our emulous neighbours. South's observations, we may select one ..." The happiness of a nation must or two. They will be found in Mil. needs be firmest and certainest in full and ton's prose works. The first was free and full council of their own electors, written after all the most objectionable where no single person but reason only (!) acts of the Government of King sways." .. Charles I. It is from the Treatise “ of Compare the next paragraph with Reformation in England,” A. D. 1641. the first quoted.

“ There is no civil Government that “ I cannot but yet further admire on hath been known, no, not the Spartan, the other side how any man who hath the not the Roman, though both for this re- true principles of justice and religion in spect so much praised by the wise Poly him, can presume or take upon him to bius, more divinely and harmoniously be a king, and lord over his brethren, tuned, more equally balanced, as it were, whom he cannot but know, whether as by the hand and scale of justice, than is men or as Christians, to be for the most the commonwealth of England, where, part every way equal or superior to him. under a free and untutored monarch, the self, how he can display with such vanity noblest, worthiest, and most prudent men, and ostentation his regal splendour so su. with full approbation and suffrage of the pereminently above other mortal men; people, have in their power the supreme or, being a Christian, can assume such and final determination of highest affairs. extraordinary honour and worship to him.

". Now, if conformity of Church discip- self, while the kingdom of Christ, our line to the civil be so denied, there can Common King and Lord, is hid to this be nothing more parallel, more uniform world, and such Gentilish imitation forthan when, under the Sovereign Prince, bid in express words by bimself to all his Christ's viceyerent, using the sceptre of disciples. All Protestants hold that Christ Duvid according to God's law, the godliest, in his church hath left us vicegerent of the wisest, the learnedest ministers in his power; but himself, without deputy, their several charges, have the instructing is the only head thereof, governing it from and disciplining of God's people, by whose heaven; how, then, can any Chrisuan full and free election they are consecrated man derive his kingship from Christ, but to that holy and equal aristocracy."

with a worse usurpation than the Pope Nothing can be more loyal to the

his headship over the Church, since Christ Crown than this, though the abolition

not only hath not left the leușt shadow of a of Episcopacy was the object. From

command for any sạch vicegerents from him

in the Slute, as the Pope pretends for his this țime the reign of Charles I. was

in the Church, but hath expressly declared, one series of concessions. What was

that such legal dominion is from the Geathe effect upon those to whom the con- til

tiles, not from him, and hath strictly charcessions were made ? Many years

ged us not to imitate them therein ?" after, in a short piece called “ The "I doubt not but all ingenuous and Present Means and Brief Delineațion knowing men will easily agree with me, of a Free Commonwealth, easy to be that a free Commonwealth, without single put in Practice, and without Delay; person or House of Lords, is by far the in a Letter to General Monk,” Mil. best government, if it can be had." ton writes,

" On the contrary, if there be a king, “First, all endeavours speedily to be which the inconsiderate multitude are now used, that the ensuing election be of such so mad upon, mark how far short we are as are already firm or indurable to con- likely to come of all those happinesses stilute a free Commonwealth, ... with which, in a free State, we shall immediately out single person or House of Lords."

Sun or fouse of 1.ords." be possessed of?" And again, in his work çaļled “The The next passage is illustrative of

the compulsory liberty of a Republic. gation, and allows him, when he pleases, We recommend to especial notice its to seize upon my estate and rifle me ?" doctrines as to the rights of a judi, [Or, which is the same thing, detain from cious minority to bind the majority. me what is due, and murder me if I ats "They who, past reason and recovery,

tempt to collect it.] “ I say, is there,

can there be any reason that such a fellow are devoted to kingship, perhaps will an

should be safe from me by my subjection swer, that a greater part by far of the na.

to the laws of my country, and I not be tion will have it so, the rest therefore

mutually safe from him by his subjection must yield. Not so much to convince

to the same ? No, certainly; where the these, which I little hope, as to confirm

benefit of the law is his, the obligation of them who yield not, I reply, that this

it ought to reach him too, or there will be greatest part have, both in reason and

no equality, and, consequently, no society. trial of just battle, lost their right of elec

He, therefore, who shall presume to own tion what the Government shall be ; of

himself thus led by an inward voice, or inthem who have lost that right, whether

ber stinct of the Spirit, in opposition to the they for kingship be the greater number,

ver, laws enacted by the civil power, has for

Jawa who can certainly determine? Suppose feited all right to any protection from that they be, yet of freedom they all partake

power, and has, ipso facto, outlawed himalike, one main end of Government, which,

th, self, and accordingly as an outlaw ought if the greater part value not, but will de.

to be dealt with."-(South, IV. 26.) generately forego, is it just or reasonable that most vnices against the main end of go But it will be said, that in educa. vernment should enslave the less number tion at least, we have arrived at a new that would be free? More just, it is, doubt. principle. The dominant party, less, if it come to force, that a less num- smarting under their frequent expe. ber compel a greater to retain, which can rience of the hostility of learned and be no wrong to them, their liberty, than thinking men, and baffled in all the that a greater number, for the pleasure of unfair and ungenerous attacks which their baseness, compel a less most inju- they have made upon Oxford and riously to be their fellow slaves.". Cambridge, feel that they never can

In other words, a majority is only have the educated classes with them, binding when it is in favour of one's while education is independent of the own opinions. “ There is," as South Crown ;'and therefore they exult in remarks, “a Papacy in every sect or the new and brilliant idea of a Minis. faction." So much for concession. ter of Public Instruction. In pur

The countenance which has of late suance of this notion, they have given been afforded to those who resist the to the Home Office an absolute conlaw by the spirit in which the law has trol over the Senate of the University been administered in Ireland, and by of London. To the Senate, again, the proceedings of Ministers with re. they have attempted to give power gard to church-rates ;-their readiness over all places of education, by to sacrifice any impost which any man enabling it to examine for degrees the will be bold enough and factious students of any academical institution enough to resist ;-to say nothing of which it may think fit. Yet sixty the conduct of Lord Fitzwilliam and years have elapsed since their own others during the Reform agitation- oracle, Adam Smith, argued most makes it desirable to keep in view the conclusively against such a power, principles asserted in the following which was a well-known appendage passage:

of despotic governments before the

French Revolution. " With what face or confidence can they expect the protection of the Govern. “ If the authority to which a teacher is ment they live under, when they profess subject resides, not so much in the bodythemselves to live by a law wholly differ- corporate of which he is a member, as in ing from those laws, to the observers of some other extraneous persons, in the which alone ibat Government promises bishop of the diocese, for example, in the protection ? Is it reason that my neigh- governor of the province, or perhaps in bour should live at peace by me, and some Minister of State, it is not indeed in enjoy his estate only by my conscience of this case very likely that he will be sufferand obedience to that law, which forbidsed to neglect his duty altogether. All me to rob and steal from him, and he, in that such superiors, however, can force the mean time, proceed by an inward law him to do is to attend upon his pupils a which exempts him from the same obli. certain number of hours ; that is, to give a

certain number of lectures in the week, or an act of State. We do not profess in the year. What those lectures shall to understand the merits of this quesbe, must still depend upon the diligence tion ; but assuredly such dismissals of the teacher; and that diligence is like would not be confined to Hanover, if ly to be proportioned to the motives the Whigs, who cannot trust their own which he has for exerting it. An extrane- liberal University to their own liberal ous jurisdiction of this kind, besides, is Senate. should cu

Senate, should succeed in obtaining liable to be exercised both ignorantly and the power to tyrannize over learning capriciously. In its nature it is arbitrary and learned men. It would be amusand discretionary; and the persons who

ing to speculate on their probable exercise it, neither attending upon the

literary ordinances. They would sublectures of the teacher themselves, nor

stitute Colonel Napier for Thucydides, perhaps understanding the sciences which

and “ Don Carlos " for Agamemit is his business to teach, are seldom capable of exercising it with judgment.

non. From the insolence of office, too, they are

But if the ideas and the policy of frequently indifferent how they exercise these times appear to us for the most it, and are very apt to censure or deprive part old, so neither do we deem the him of his office wantonly and without any men new or extraordinary. Lord just cause. The person subject to such ju- Melbourne, indeed, described Mr. risdiction is necessarily degraded by it, and, O'Connell as a being of a lofty but instead of being one of the most respec. indefinite nature, one of a kind that table, is rendered one of the meanest and rarely visits this planet. In him we most contemptible persons in the society. see only an able man, a specimen of It is by powerful protection only that he the demagogue common to all unset. can effectually guard himself against the tled societies, and thus described by bad usage to which he is at all times ex- Cicero. posed; and this protection he is most likely to gain, not by ability or diligence

"From this untamed, nay, savage peo. in his profession, but by obsequiousness to

on but bv obsequiousness to ple, some one is generally chosen as a will of his superiors, and by being champion against the nobles, already ready at all times to sacrifice to that will driven from their places and sent to the the rights, the interest, and the honour of wall; some daring foul-mouthed fellow, the body-corporate of which he is a mem- who insolently runs down men who have perber. Whoever has attended for any con- formed great public services, and who courts siderable time to the administration of a the multitude by presenting to them other French university, must have had occasion people's property and his own too [here the to remark the effects which naturally re- resemblance fails]. . . At last he sult from an arbitrary and extraneous ju- is found to be the lyrant of the very men to risdiction of this kind.”_Wealth of Na- whom he owes his power." tions, Vol. V. c. 1.

“Ex hoc enim populo indomito vel

potius immani deligitur aliquis plerumque Accordingly, though Lord John dux contra illos principes adflictos jam et Russell expressed his unwillingness to

depulsos loco, audax, impurus, consectans hamper the “ talent and merit of this proterve bene sæpe de republica meritos, enlightened age,” he quashed the very po

populo gratificans et aliena et sua : . . first resolution of any moment, at

... postremo a quibus producti sunt, which the said collective “ talent and

existunt eorum ipsorum tyranni."--Rep. merit" bad arrived; and the same “ talent and merit," in obedience to his We have seen this man arise from Lordship's imperial rescript, did not among the untamed Irish Roman Cahesitate to reverse their own solemn de. tholics. We have seen him drive cision, and to exclude all sacred sub- Lord Duncannon, Sir Henry Parnell, jects from their list of the branches of Mr Spring Rice, and the Irish Proa liberal education ! Not two years testant Whigs (adflictos et depulsos has the institution existed, and already loco), out of all the towns and counhave we “ had occasion to remark the ties which they had so long repreeffects which naturally result from an sented; and, strange to say, we have arbitrary and extraneous jurisdiction seen these very men courting his al. of this kind." Public attention has liance, notwithstanding this mortifying been called to the proceedings of the intrusion. We hate calling names, King of Hanover, who dismissed cer- but really Mr O'Connell cannot estain Professors of the University of cape the very strongest of Cicero's Gottingen, for remonstrating against epithets, if he thinks proper to call the Duke of Wellington “a stunted cor- property; and Tyrconnel had formed a poral"-and to write (see his letter scheme for calling a parliament in order dated 6th September, and published to reverse that Act, and empower the in the Times, September 13th) • Wel. King to bestow all the lands of Ireland on lington may be what is called a great his Catholic subjects. But in this scheme captain, but as a statesman he is con.


he met with opposition from the moderate temptible, and a very driveller;"

Catholics in the King's council. Lord with similar trash flung at Sir Robert

Bellasis went even so far as to affirm with Peel. This foolish vituperation re

an oath, 'that that fellow in Ireland was minds us of a letter of Horace Wal

fool and madman enough to ruin ten king

doms.'”_Hune's History of England, pole's, addressed to the Earl of

| chap. 70. Stafford, and dated 10th November, 1783.

When we remember that Lord Nor.

manby is now invested with full au" Indeed. when the Parliament does thority to bully and insult the Protestmeet, I doubt, nay, hope, it will make less

ant gentlemen of Ireland, to open the sensation than usual. The orators of

jails, and to turn loose upon society Dublin have brought the flowers of Bil. lingsgate to so high perfection, that ours,

men convicted of the blackest crimes; comparatively, will have no more scent

when we remember how lately Mr O'than a dead dandelion. If your Lordship

Connell was reprimanded, even in the has not seen the speeches of *** and ***,

very House of Commons itself, for a you may perhaps still think that our oys.

false and scandalous libel, and how terwomen can be more abusive than mem- many transactions ne nas borne a part bers of Parliament."

in which must render public confidence

in him impossible; when we remember, How completely Mr O'Connell is too, his gross intemperance of tongue, the tyrant of those to whom he owes and expressions of “ headlong zeal his power, will appear from a com- for the Catholic religion;" when, notparison of the present state of Ireland, withstanding all these damning facts, with her condition at the gloomiest we know from himself and from the period of our history.

ministerial papers, that the Queen's “ A.D. 1687.- But what afforded the

servants had the wickedness to offer

him a most important judicial office in most alarming prospect was the violent and precipitate conduct of affairs in Ire

Ireland, we must acknowledge that land. Tyrconnel was now vested with full

the disgraceful days of Tyrconuel and authority, and carried over with him as of Fitton are no longer unparalleled. chancellor one Fitton, a man who was In addition to the proofs lately given taken from a jail, and who had been con- of the manner in which the English victed of forgery and other crimes, but and the Scotch magistracy has been who compensated for all his enormities by tampered with, disclosures have been a headlong zeal for the Catholic religion. made in the House of Lords with re. He was even heard to say from the bench, spect to the Irish magistracy, too nuthat the Protestants were all rogues, and merous and too disgusting to be here that there was not one among forty thou- gone into in detail, but evincing, that sand that was not a traitor, a rebel, and a the operation of putting the Cathovillain. The whole strain of the Adminis- lics in the possession of the bench of tration was suitable to such sentiments. justices,” is in progress, as clearly as The Catholics were put in possession of the late appointments to the Masterthe council table, of the courts of judica- ship of the Rolls and to the Chiefture, and of the bench of justices. In Baronship, mark the design of giving order to make them masters of the parlia- them the preponderance in the higher ment, the same violence was exercised

Courts of Judicature. The “ Counthat had been practised in England. The

cil Table” is already all that they charters of Dublin and of all the corporations were annulled; and new charters

could wish it to be. On these subwere granted, subjecting the corporations

jects it is enough to refer to the still to the will of the sovereign. The Pro, continued clamours of Mr O'Connell testant freemen were expelled. Catholics for a “ revision of the magistracy," introduced, and the latter sect, as they and to the opinion of the Duke of always were the majority in number, were Wellington, impartial as he is even to now invested with the whole power of the a fault, that the present Government kingdom. The Act of Settlement was the is making the administration of justice only obstacle to their enjoying the whole subservient to party purposes.

In these matters, that is, in all that cial integrity, thought themselves depends on the Executive, the Roman bound to arrive-against opening the Catholic faction is as rampant now as Irish Registers: Observe the practic in the days of James 11. It is no cal effect of this conclusion. A burfault of theirs that they have not also rister named by the Crown, and removsucceeded in their endeavours to cause able at pleasure, may place definitiveo the charters of Dublin and of all the ly upon the register all claimunts whom corporations to be annulled, and new he thinks fit, and no human tribunal charters to be granted, subjecting the can review his decisions! corporations to the will of the Sove. In other words, the Crown may, reign,” that is, now as then, to the through the barrister, nominate the will of the Roman Catholic priests. electors. This gives the whole legis. The resemblance is still more striking lative power to the Crown. in another point. The Whigs found We have seen that the Crown may, it the practice in Ireland for the through the sheriff's, nominate the Judges to name the Sheriffs, and the juries in every cause, civil and crimi. high principle and impartiality which nal, throughout the country. This those eminent persons displayed in the gives the whole judicial power to the selection, secured justice to all the Crown. king's subjects. But this did not suit How it would rejoice the heart of the new régime; the Lord Lieutenant Strafford to see his favourite objects has taken into his own hands the no. secured! How entirely may Austria mination of Sheriffs, and as the Sheriff's or Prussia, or any other despotic gonominate the Jurors, the Government vernment, point to Ireland, and may thus truly be said to nominate laugh at our boasted free Constitution! the Juries. The executive Govern. And to be told of “ enlightenment," ment nominate the Juries! Why have forsooth! and “ progress," and free. we Juries at all ? Expressly to secure dom from “ the fetters of the 17th independence; for judges appointed century," by those who are thus la. by the Crown would have more intel. bouring, in the very spirit of James ligence. Destroy, therefore, the inde- the Second's policy, to bring back the pendence of the Jury, and it becomes government of the dark ages! It the most clumsy, useless tribunal that might almost seem that we are fight. can be devised, possessing neither pro. ing with a shadow ; but really the pro. fessional acuteness nor an upright found conviction expressed in the spirit. Yet this tyrannical benighted writings and speeches of many public practice has been introduced by the men, that we live in a perfectly new and és enlightened Whigs” of the nine- improved state of society, renders it teenth century! Even this was bor- necessary to show how completely, in rowed. Lord Lyndhurst read to the politics at least, we are going over the House of Lords, when he exposed this old ground. corrupt and despotic innovation, se. We have seen the Whigs, during veral documents drawn up for the as. the whole of the present, and the most sistance of the ministers of James II., momentous portion of the last reign, in the very same process of nominating make a prodigious parade of their the Sheriff's upon political grounds. Court influence,arrogate to themselves Why need we allude to the intrusion exclusively the virtue of loyalty, and of Roman Catholics, or to Protest. strive to enlist in the support of their ants who are content to labour for the revolutionary measures, that feeling downfal of their own religion, into of veneration with which the English every office which the Irish govern. have always regarded the person of ment has to bestow, or to the enor- the sovereign. The Whigs have no mous patronage which has been created idea of that true unshaken fidelity to for the express purpose of providing the Crown which is unaffected by the for them ? A more important question acquisition, or by the loss of Court is behind.

favour; but when they do happen to " In order to make them masters of have a footing at Court, their loyalty the Parliament," what more could they is, for the time being, very exuberant. wish than the decision at which so Lord John Russell haughtily and (for many committees of the House of a lover of liberty) somewhat despotiCommons, conscientiously, no doubt, cally demanded, in his letter to the conand on the highest principles of judi- stituency of Stroud, last year, who they

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