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quer Court.


The subpæna is the commencement of a suit, which COURT.

is terminated by a trial before a Jury and the Barons and it is extraordinary, that this writ, the first step of a process, which may deprive the defendant of his last

shilling, does not state how, when, or where the alleged If I shall be condemn'd Upon surmises: all proofs sleeping else

offence was committed, or biot at the manner in which But what your jealousies await; I tell you

liability is said to have been incurred. Upon these "Tis rigour, not law.

important and essential points the defendant is left in the dark; while in every other court in the kingdom, and in cases of the most trifling amount, he would at

once be put in possession of the facts, on the strength None of the proposed Judicial Reforms or Improve- of which he is said to be liable, and be thus enabled ments will be more advantageous to this part of the either to enter on a vigorous defence, or amicably to island than the contemplated abolition of the Exche- adjust the question.

The mere saving of some fifteen or six- The subpena, while it is thus silent as to the grounds teen thousand yearly will not be the principal advan- of charge, mentions the day of trial, which we believe tage, but the decision of Excise questions will then may be either distant, or near at hand, as the Solicitor pass to another tribunal, better fitted for the adminis. thinks fit, and the only thing probably which the party tration of even-handed justice betwixt the Crown and accused can do, is to apply to the Collector, who may, the subject. We must not be understood as offering if sufficiently civil, give verbally some vague notion of any disrespect to the present Judges in Exchequer, the grounds of the accusation. But, though the defenfor they are all men of great legal knowledge, and of dant be able and willing to shew his entire innocence, undoubted honour ; but the forms and mode of proce- and that the proceedings have originated through false dure of the present establishment are essentially bad, or interested information, the Collector, wbile he inasmuch as the Officers of the Crown have many refuses to listen to this, tells the party that he must advantages in the conducting of their prosecutions over apply to the Board. The Board is consequently apthe unfortunate defendants, not allowed in any other plied to, generally by memorial, which is sent down Court of this country, and not allowed even to the to the Solicitor, and by him to the Collector, and the Crown itself in any other description of cases.

Collector, and his officers, report farther, but only as Almost every mercantile man may be involved in before on one side of the question, and without exaquestions which must be decided in Exchequer. Whe- mining the evidence offered on the other. The dealer ther the offence charged has been committed intention- receives an unfavourable answer from the Board : he ally, or is the result of some lapsus on the part of the may apply to the Lords of the Treasury ; but with dealer bimself, or those for whom he is responsible- them the same thing is repeated. At length, the trial or whether there be an offence committed at all—the proceeds, and the first information which the defendant mode adopted in getting up these prosecutions is receives of the grounds on which he is charged, is in always the same. The crime, be it either real or ima- the opening speech addressed to the Court and Jury ginary, intended or not so, is generally first discovered by the Counsel for the Crown! by an Excise Officer, who reports to the Collector of Now, there is surely, in all this, a great deal of the district. These persons frequently participate in positive unfairness and injustice. It is clearly wrong the event of a conviction, in the sum exacted from the to permit ignorant and interested Excisemen to get unfortunate party, in the shape of penalty or fine, and up such cases, which ought to be superintended, and accordingly they have an interest in all the convictions the evidence connected with which, ought to be taken which occur. But, whether they so participate, or no, by persons properly qualified by legal education, to is a matter of little moment; for, in proportion to the say what is, and what is not correct and substantial convictions happening in their respective districts, in evidence. Or, if these Excisemen must report, surely proportion are they considered by their superiors in they ought to do so on both sides of the question. If power, active and meritorious officers. Having, there the question raised is one of a civil nature, then it fore, in one way or other, a strong incentive to action, ought to be tried by the same rules as are observed these persons generally spare no toil in examining in all other Courts in civil questions betwixt man and witnesses, and ascertaining facts, to fix upon the dealer man. The Crown should state all facts and circumthe stigma of a charge. From the facts so collected, stances on which the charge is made, and give defendthey often draw, and state inferences perfectly erro- ants timeous opportunity for defence, by disproving, neous; to the witnesses, they in the hurry of their if they can, the grounds of accusation in the same way zeal, impute a knowledge of circumstances beyond as other litigants in all other Courts. If the case is what the witnesses can vouch at the hour of trial, and one for a Jury, the facts, to be proved on both sides, this being the character of the evidence, not probably ought to be adjusted in issues after the same form as from intention, but from the persons who take it being observed in the Court of Session; but, unfortunately uneducated and unable to conduct properly such legal by the present system, a party is kept in the dark, till investigations, the same is forwarded to the Solicitor the trial takes place, when, from not knowing the facts of Excise at Edinburgh, who afterwards forwards it, to be proved against him, he cannot explain them either with or without his own remarks, to the Board away, (although they admit of this,) because his eviof Excise, now removed to London, who, in the pleni- dence is not at hand. tude of their power, orders the dealer to be subpænaed If, again, the charge in Exchequer is of a criminal to Exchequer.

nature, such as having defrauded the Revenue then,

the same timeous information of the facts on wbich it is made, and the witnesses by whom it is to be supported, should be given, as is ailorded by our Criminal Letters, peculiar to our Criminal Courts.

It frequently happens, (indeed in nine cases out of ten,) from the rash and precipitate manner in wbich cases are got up, that the Crown is vanquished at the hour of trial, and, strange to say, the successful party is not allowed the expenses, which are always heavy, and incurred, too, in resisting an unjust and unfounded prosecution. The reason given by the Crown Officers for this, is, that they neither ask expenses when successful, nor do they give any when unsuccessful; but this reason, although it were otherwise a good one, is not true. The prosecutions are generally for payment of duties, and for penalties: and, if the Crown Officers are successful, they exact the penalties which, of course, covers their costs. Even in cases of peculiar hardship, where sometimes the penalties are abated, the abatement is never so liberal, as not to allow a handsome sum to defray expenses. By withholding costs from a successful party, the present system operates as a sys. tem of intimidation, because a dealer, as the least of two evils, is frequently disposed to compromise an unjust demand, rather than incur expenses, the amount of which he cannot calculate with certainty.

When the contemplated abolition of the Exchequer Court takes place, Excise questions will be discussed before our Supreme Court; when, it is hoped, that the forms of procedare will be the same, as in cases betwixt man and man—where a proper just and equitable mode of procedure is observable on both sides.


Upon the gale she stoop'd her side,
And bounded o'er the swelling tide,

As she were dancing home;
The merry seamen laughed to see
Their gallant ship so lustily
Furrow the green sea foam.


beautiful panorama of villas, and groves, and mountains, in their quicks succession, delighted me. I sought for a congenial soul to participate in the splendid scene, and, baving always found the ladies “ Nature's fairest work" peculiarly susceptible of her beauties, I looked around and beheld a lovely form.

“ She seemed to stand, The guardian Naiad of the land !" A figure so faultless must have a fine face, I said, and I thought the omen good, that the words glided so trippingly along my tongue" Fair creature," said I, as I approached her, “ Nature seems to put on her fairest livery for thee !” she turned her face slowly towards me, and gradually disclosed to my wondering eyes the withered visage of my maiden aunt, with whom, for twenty years, at least, our family had no intercourse, in consequence of her unkindness to one of my sisters

She grinned horribly a ghastly smile, and, satisfied with romance for one day, I retired to breakfast, which had just been announced.

Richard Reef, Junior, Esquire, received me at Greenock with open arms. I was introduced to his father, & veteran seaman, who had left not a few of the enemy dead on the deck, at Trafalgar, and, to keep them company as a remembrancer, he had also left them his right leg. From him, too, I had a courteous reception.

Notwithstanding the lowness of their steeple, I love the people of Greenock, and all strangers will enjoy a visit to that stirring and hospitable town. Let young men, too, be warned, to take care of their hearts as they approach it, for there are more dark blue eyes and ruby lips within its walls, than in any other town of the same extent.

Our party, consisting of Messrs. Reef, Senior and Junior, two boatmen, and myself, embarked in young Reef's pleasure yacht, the Warbler, at two o'clock, bound for Largs. I did not erperience sea-sickness in the steam boat, but now I was doomed to endure its pangs, at least the first stage of them. Massy grey clouds were hurrying across the sky, and the sea breaking into foam, was roaring dreadfully betwixt Dunoon Castle and the Cloch. I therefore went below, but all in vain; men bawl. ing, sails flapping, and ropes ravelling upon deck, prevented me from enjoying any repose.

I became, at length, alarmed, when these sounds encreased still louder, and hailed my companion

“ What is all this, Reef ?"

He answered from above, “ We are now beating down channel.”

Beating down channel upon my head, whilst I sit quietly here! No, I cannot allow myself to be immolated in a pyramid of gravel!" So I flew upon deck; but there was little comfort for me there. One side of the vessel was altogether below water, whilst from the other, every balf minute, a large body of spray was thrown into the air, and finally alighted on my person ; but the callousness of sea-sickness prevailed I became indifferent to every thing but my own situation.

“ Keep her full," cried Reef.
I found it impossible.
“ Slack away the main-sheet_ease her away,” cried Reef.

I availed myself of the order, and demonstrated, alas ! too palpably, to my friends, the justice I had done to the sumptuous breakfast of the steward of the steamer. I was as uncomfortable as possible; but the wind diminished, and at length we arrived in Largs Bay. It forms a beautiful crescent, adorned with elegant houses, whilst its emerald beach displays all the fashion and flutter of a promenade. I felt that an impression was now to be made on the spectators who witnessed our arrival, and I lounged rather carelessly at the bow of the Warbler. Reef suddenly called

“ Mind yourself"'-and it was time. I had got within the ranges of the cable, and in a moment my heels were tripped up, and I was over the side. How powerfully did my father's advice return at this moment to my remembrance !

I suddenly discovered a large body travelling downwards, like myself, and involuntarily caugbt hold of it; at length it rested, and I found it was the anchor of the Warbler. Not wishing a closer intimacy, in my present circumstances, I collected all my decaying powers, and placing my feet at the bottom, whilst at the same time I assumed a position nearly erect, I sprang upwards. By this exertiou I ascended to the surface, where a kindly boathook picked me up, to the inexpressible joy of our party—and my

Ir my father, on his departure from this mortal coil, did not leave me a large portion of this world's goods, he left me several legacies of his experience. When, upon his death his repositories were opened, a paper addressed to me was found, and, after enjoining me to a number of duties, it concluded in the following words :-—" And to you, my youngest son, I also leave these rules for your future guidance ;" the first, which is the only one I require to allude to, was, “Never be upon water, when you might be upon land.”

This advice, for years, had been rigidly followed, and, consequently, I was totally unacquainted with every thing connected with “the element,” until a letter from my early friend and school-fellow, Richard Reef, Junior, Esquire, of Greenock, arrived one morning by post, about the end of July, or the beginning of August, 1830. It contained a kind invitation to accompany him to Largs Regatta—it stated, that bis father and brother intended to go, and, as he supposed, we should be called on to trip with the light fantastic toe, recommended to me diligent practice of the “first set,” for the occasion. It also directed me to leave this city on the following morning by the Largs steamboat, and, particularly, to have my travelling bag replenished with silk stockings and tights. The latter article of equipment was to be provided for immediately, so I hurried to Mr. B**** the tailor-informed him of my wants, and, the same evening, my dress was sent to my lodgings. I gazed with delight on my mirror as I felt my well shaped limbs encased in the cassimere I danced with joy and satisfaction-a floating vision of the smiles of the fair, and the envy of the other sex, passed rapidly before me, and on very pleasant terms with myself and at peace with all the world, although not before a sad struggle in denuding my nether man, I sunk into a sweet and profound repose. Next morning, at eight of the clock, I embarked in the good steam-, boat Largs, Captain Lapslie, and, having a favourable tide, the




large sums of money were annually swallowed ; but this accident, instead of introducing any improvement into the state of our corps dramatique, served only to transfer the patent into the bands of a manager, whose taste and liberality we shall have another opportunity of discussing.



We hastened ashore in a boat that had come to our assist

I rubbed my eyes, and enquired " What large building is that?" I was told that there I could have a bath for two shillings; bat Reef slyly informed the boatmen I would never pay that sum, as I knew where to get one for nothing:

I cannot record that I received a dry reception at Largs. On the contrary, it was very much the reverse. One gentleman bastened with a cordial, another presented me a glass of wine ; even dry clothes were volunteered ; nor did I think it necessary to refuse any one of these acts of kindness, more especially the latter, as the reader is already acquainted with the contents of my travelling bag, and how very unsuitable they were for my use at this time.

“ Go as fast as you can to the Inn," said a kind-hearted Glasgow gentleman.

I enquired the Landlord's name. “ You cannot go wrong-take the nearest; Mr. Strahan's." « And the other?" said I. " Oh, Mr. Under wood's."

I told him I would prefer the latter, as I always liked consistency, and I had been under water already.

When at my Mary's feet I lay,

Imploring her to be my bride; It seem'd impossible one day,

I could be absent from her side; But now, that she's been mine a year,

And bridal smiles are worn away, The wonder is—it would appear

How I could even spend one day!

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As lovers of the Fine Arts, it gives us much pleasure to learn that the Fourth Exhibition, under the patronage of the Glasgow Dilettanti Society bas uot closed, without our city and neigbbourbood having obtained some of its most choice works, to improve their taste, and to encourage art.

We understand that the beautiful figure of the “ Sleeping Boy'. by Ritchie, whose contributions this year, in Sculpture, have been invaluable, was purchased by, and has been transferred to the Gallery, of Sir Arcyd. CAMPBELL, Bart.

J. CORBETT, Esq. has become the proprietor of Howard's charm-ing picture of Rebecca."

A. M'LELLAN, Esq. has purchased the much admired model, in wax, Fidelity," and several valuable paintings.

The “ Mountain Watch," a first-rate picture, by Harvey, was bought by RICHARD JENNER, Esq.


As we are bound, in our capacity of Cr cs, give particular attention to the Drama, we should have been very well pleased to present our readers with a regular account of the performances in what is called the Royal Theatre of Glasgow. We have been discouraged, however, from undertaking this task, by the poverty of the materials, on which we should have to work; for there is, probably, no respectable town in Scotland so ill provided with an establishment of actors, as the boasted Capital of the West. Several reasons are commonly assigned for this deficieney; and the one most generally spoken of, is the aversion which our citizens are supposed to entertain for theatrical amusements.

This charge has been so often repeated, along with the stale joke of the gentlemen of Glasgow liking to drink punch better than to escort ladies to the play, that it has grown into a stigma for dull wits to perpetuate against the taste of our townsmen. So far, however, is such a reproach from being true, that we believe if the subject be impartially enquired into, it will be found that the people of Glasgow have always shewn judgment in estimating true merit as often as it has appeared on their stage ; and that when they have ceased to patronise the theatre, it has been because it did not deserve their support. To confirm this remark, it is only necessary for our elderly readers to recal to memory the times when our theatre was conducted upon deserving principles; wben active managers were ever on the alert to procure amusement for the public, and when many of the rising geniuses were numbered in our established companies. We have only to remember the brilliant galaxy which wooed and won admiration, when Rock, Digges, or Jackson, were the patent lessees; and when Young, Macready, Brooks, and Duncan, drew, nightly, applause from our listening audiences. When our boards were trod by individuals like these, the Glasgow theatre was encouraged ; and it was by the approbation of a Glasgow pit that some of the first Stars were introduced to the notice of the English metropolis. Since these halcyon days, the sock and the buskin bave attracted less interest among our citizens; but this diminution of favour bas taken place in such a manner as to prove that it has not been the cause, but the consequence of a deterioration in our theatrical establishment. The grand scale on which the theatre which lately stood in Queen Street was built, involving the expense of its rent, repair, and other details of management, bas always imposed upon its lessees a pecuniary burden, which they have usually endeavoured to lighten by diminishing the charges of their troops. This economy was in fact pursued so far by our late managers, who have been mostly men without capital, that talent has been for some time completely banished from our stage as a regular appendage, and, even when it has now and then made its appearance in the shape of a London star, it has been so entirely destitute of support as to make it an irksome task to listen to any of the parts except that of the principal performer. A rational period seemed to be offered to this retrenching system by the opportune burning of the late theatre, the absorbing vortex in which

EVENING DRESS. A Blue dress coat; the lappels are cut large at top, and the collar-ends square, to match, without flaps, aud cut so as to mark out well the wrist; the skirts may be lined with serge of the same colour; velvet collar, same colour, and gilt buttons, breast size. Waistcoat of plain green velvet, with turn-down collar, and white marsella under-waistcoat, to match. Trousers, half-dress, of black kerseymere, cut easy to shape, and short at bottom; worn without straps or bottoms.

MORNING WAISTCOATS. ALTHOUGH there is an excellent variety of this article, the Thibet shawl is the most fashionable; they are always made doublebreasted, with broad square-end collar, and calculated to button

The best dressed gentlemen wear them open or turned back, with an under-waistcoat to correspond. Shawl waistcoats are not bound. Very few of the shawl borders are worn now for under-waistcoats; silks of blue and silver, or purple, or crimson and gold, for dress, with other colours for morning, seem to have superseded them.


NOTICES TO CORRESPONDENTS. “ A Symposium in the Edinburgh Rainbow," by a MODERN ATHENIAN, will appear immediately.

The Communication from our valued Correspondent in Gayfield Square, Edinburgh, will have a place as soon as we have


Miss Piggy Jones's hint will be attended to, were it for nothing more than the beautiful specimen of caligraphy which she sent us.

“ The Miseries of a Goveruess” will shortly make its appear


In order to insure this Publication being on the Breakfast Table every morning, it is requested that intending Subscribers will leave their names and address at the Publisher's,



We understand that a meeting of the proprietors of George's Square was held last Wednesday, to consider a proposal, made by some of our most respectable citizens, for forming a bowling green in the centre of the Square. Only two of the proprietors present supported the proposal. The expense that has lately been incurred, in adorning George's Square, made it improbable that the consent of the whole proprietors would be obtained, as no remuneration could be expected for it. In other circumstances, the liberal pecuniary offer that was made, as well as other advantages which we think would arise from it, would perhaps have entitled the proposal to a more favourable reception.

We have hitherto confined our remarks under this head to subjects connected with our own town, but we caution all and every of His Majesty's lieges to beware of provoking our displeasure, as they may be assured that distance of habitation will not be the thing to save them from the lash of censure as often as they deserve it. Our Spectacles have lately been walking the Streets of Edinburgb, and they have lately reported to us sundry accounts of the fashionable divinity, which is nightly celebrated by a certain sect, at the house of a certain gentleman. If we think it worth our wbile to expose the absurdity of these conventions, where Misses and Masters are in the habit of iodulging in sisterly marks of kindness, we shall be able to extract a good deal of satire from so fertile a subject. We understand that the Cholera panic has seized with such violence on our Athenian neighbours, that they are resorting in crowds to the use of air baths, for the purpose of purging their fears, and that regular depots have been established where this instrument may be borrowed for a sixpence a time. Is it true that the gas mania has become so fashionable as to induce the authorities of the Scottish Metropolis to disfigure the splendid monument of our late Sovereign, by the gaudy tinsel of four brass lamps ? Let the lamps be placed in the middle of each side of the pedestal, instead of at the corners, and then the formality of the thing will be less observable. Till then, we shall suppose that the Modern Athenians bave been visited with an approach of the Boetian disease which they so liberally attribute to our Western Capital,

Since the appearance of our journal, the following query bas been frequently put with a knowing look :-"What was yesterday and will be to-morrow.” Do you give it up?_" Tue Day."

The RaJau Ramohun Roy has an Essay in the Press “ On the Rights of the Hindoos over Ancestral Property according to the Law of Bengal, with an Appendix containing Letters on the Hindoo Law of Inberitance." We also understand that the same author is about to publish Remarks on East India Affairs.

CAPTAIN H. HARKNESS, of the Madras Army, has announced for publication, “ A Dissertation of a Singular Race of Aborigioes, inhabiting the summits of the Neilgherry Hills, or Blue Mountains of Coimbatoor."

“ Records of a Good Man's Life,” by the Rev. C. B. Tar. LOR, M. A. Author of “ May You Like It,” will speedily published in 2 vols. 8vo.

The “ Aurora Borealis,” a new Literary Annual, to be conducted by members of the Society of Friends, is announced to appear at Newcastle.

Dr. James Browne, of Edinburgh, has a Work in the press upon the Highlands and Clans of Scotland. Much new and valuable information, as well as inuch amusement, is anticipated from this volume.

The “ Hive," a collection of the best Modern Poems, chiefly by living authors, for the use of young persons, is soon to appear.


In Germany, at the present moment, there are several Journals wholly devoted to the communication of news respecting church affairs and religion. At the head of these in date as well as merit stands the “ Universal Church Gazette,” published at Darmstadt by Dr. Zimmerman, a Protestant clergyman. The journal was begun in 1822, and found many imitators. Many catholic journals appeared in succession.

The Universal Friend of Religion and of the Church," publisher at Wurzburg, and the “ Catholic Ecclesiastical Gazette,” published at Aschaffenburg, fights stoutly for the antiquity and purity of the old faith. The “ Ecclesiastical Gazelte for Catholic Germanyand the “ Constitutional Ecclesiastical Gazette," published in Bavaria, defend the Romish faith on moderate principles. If the ultra Catholics have advocates, so have the ultra Protestants. The great organ of the ultra rationalist party is the “ Evangelical Ecclesiastical Gazette,” edited by Dr. Herstenburg. The most impartial views as to the proceedings of all the religious parties in Germany may however be gained from Dr. Zimmerman's Journal.

A History of Poland in Italian is announced to appear at Florence by Dr. Bernard Zaydler, a native Pole.

The prolific pen of Prince Shakowsky, the author of Aristophanes and numerous other dramatic pieces, has dramatised the story of Zagoskine's Yuri Miloslaosky, which has been performed, with much success, both at St. Petersburgh and Moscow.

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THE KING'S THEATRE, LONDON. The lovers of music, in the metropolis, seem all on the qui vive for the commencement of the opera season, as from the prospectus issued by Mr. Monck Mason, the new lessee, there is every hope entertained that the establishment will be conducted in a more liberal and spirited manner than it has been done for years past. There have been two great defects in the opera manageinent, which bave been much felt-the tirst and the most important, the limited

umber of the orchestra ; the other, the vile and discreditable scenery. Last season the orchestra consisted altogether of only 48 performers, whereas that of the Academie Royale at Paris has 90, and that of San Carlo at Naples upwards of 100. It is understood that both defects will be remedied. With respect to the materiel, we find that Mr. Monck Mason, after traversing France, Italy and Germany, in search of variety for every branch of his establishment, has succeeded, far beyond his most sanguine expectations, in engaging many of the first artists in Europe, both for the Opera and the Ballet. The following are the names of the performers with whoin contracts have been made, all of them highly popular on the Coutinent, but the majority quite new in this country.

Before Easter.-— Madame Ungher, (as our London Correspondent intimates this lady is not to appear at the opening,) Soprana ; Mademoiselle Battista, Contralto; Signor Winter, Tenor, first tenor at the Scala, at Milan ; Signor Galli, Bass. For the Ballet :- Albert, Mademoiselle Leomte, Mademoiselle Ancelin.

AFTER EASTER.—Mademoiselle Tosi, the first declamatory singer of the day, and Mademoiselle Crisi, prima donna at Venice, Soprana; Mademoiselle Mariani, Contralto, the first of the kind jo the world; Signor Donzelli, Tenor ; Signor Tamburini, Bass; Signor Mariavi, Bass. For the Ballet :- Madeinoiselle Bagnoli, Mademoiselle Eberlé, Mademoiselle Taglioni, M. Samingo, M. Guerra, M. Coulon.

The Opera will open this month with L’Esule di Roma, the music by Donizette, the author of the music to Anne Bullen.

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GLASGOW: Published every Morning, Sunday ex

cepted, by Jouy Wylie, at the British and Foreign Library, 97, Argyle Street, Glasgow : STILLIES BROTHERS, Librarians, High Street, Edinburgh: W. REID & Sox, Leith: MR. DAVID Dick, Book. seller, Paisley : MR. John Hislop, Greenock; and Mr. Glass, Bookseller, Rothsay.-And Printed by John GRAHAM, Melville Place.






ficed, ere it could be decided which was the most becoming of two different liveries at a horse-race-a

single letter of the alphabet bred a schism in the priIt is scarcely necessary to remark, that the mixed con

mitive churches, which never had a termination-and stitution of this country has been a stumbling-block in

our own country was deluged by blood, because certhe way of all philosophical politicians, foreign and do.

tain men in power preferred white linen to black cloth, mestic. It has a resemblance to every form of govern

and a surplice and book to an ordinary-fashioned coat ment which the ingenuity of man has hitherto been

and no book. Thirty years ago, a man with a cropped able to frame; and yet it has a positive fraternity with

bead was deemed a rebel; and, in Charles the Second's none. It is neither purely democratical nor monarchi

time, it was an especial mark of loyalty to swear, cal. It is not a dominion of kings, lords, commons, or

drink, and play the buffoon. Men, however, are getpriests, exclusively. It does not strictly resemble the

ting wiser; and parties, as such, are falling into disreturbulent republics of the old, nor the more feeble re

pate. What is the reason of this ? publics of the modern world; and has as little essencial likeness to the despotic monarchies of either. It Let us premise, in the first place, that no such absocannot be compared to the Constitutions of Greece or lute freedom of speech and action was known either to of Rome, before or after the establishment of the Em- modern or ancient times, as that which obtains in this pire; and it is equally remote from all approximation country, and which began to unfold itself at the period to the lesser republics of Venice, Genoa, and Holland,

when parties properly commenced, namely, during the or even of modern America.

Whence it comes no

reign of Charles the First; and in no other country, man knows; and whither it goes, no man, however for many years after, was the unlicensed practice adoptwise, can tell. The free spirit of ancient Germany

ed. The institution of parties, therefore, is a strictly circulates through all its parts, as the great vivifying

British device in legislation, and, so incomprehensible principle; but the sagacity of a seer could not devise has it seemed in the eyes of foreigners, that it has nehow so large a portion of this powerful influence came ver been fully imitated anywhere. We are accustomto be infused into its veins, while the rest of the Eu- ed to the practice, and think little of it; but to strangropean world gradually declined, from its high and ers it does appear an anomaly in government, and palmy state, into vassalage and decrepitude. It defied until lately it was deemed a dangerous one. At first theory to adjust the claims of its different elements sight, it would appear that wherever there was a fixed to supremacy, and laughed to scorn all attempts to cir- Constitution, there could be no occasion for professed

debaters, whose existence must, in some measure, be cumscribe its demands to respect on the score of prac

considered alien to that Constitution, and positively tical usefulness. Imperfections it has in abundance; and what human fabric has not ? But, with all its sins unknown to it; but, if any one will reflect on the matupon its head, it is a thing not to be tampered with, ter, he will see that this order of persons was created and on no account to be despised. Sciolists may rail

by the times, and was called into being by a necessity against it, and the enemies of Britannia's glory may

which we should not forget--the necessity of establishsneer at its theoretical defects; but it cares for neither. ing what the Constitution really was, or should be. As a whole, it has done what no other Constitution The caprices of human passion, and the mutabilities of ever did for any other country, for an equal period of

human taste, cannot alter the great and immoveable time. It has secured peace at home, and respect

pillars of human rights, collectively considered; and it abroad ; and yet, like every invention of man, it is un

is impossible to conceive the origin of any class of men dergoing changes now, which, in all probability, are in a state to be higher, than that which is founded on only the preludes to greater changes hereafter. Of the good work of settling a nation's privileges on the the nature and tendency of those we stop not to in

principles of equity and justice. This accomplished, quire ; believing, as we do, that it carries within itself however, we would not so easily discover the way in a principle of adjustment which will set every thing to

which a division into parties became necessary for the rights by-and-bye. But we desire, for the present, to

future, did we not recollect, that in a mixed govern

ment, the demands on the attention of the senate must examine the effects of some very important alterations which have insensibly crept into it, and which have be diversified. On all questions of domestic and foalready effected a very considerable change in its ge- reign policy, difference of opinion is allowable ; and neral aspect.

out of this difference, combined with other powerful

and influential causes, has grown the fixed principle in One of the necessary consequences of freedom of speech is freedom of debate ; and an inevitable conse

British legislation, that the general liberties of the quence of freedom of debate is opposition. Unanimity people are protected by a well-regulated opposition. is rarely found among individuals, and never among

But, though this be true, no doubt can exist that it has aggregated bodies. If there be a parliament, there

been the source of infinite abuse. Corruption was one fore, (which simply means a place where men may

of its earliest fruits, and a distrust in the honesty of speak out,) whether it be known by that, or by any public men has been one of its worst and most lasting other equally significant name, there will be difference consequences. We have no right, then, to assume, of opinion; and, as all human government is founded

that the existence of state parties in this country has on opinion, there will be, of necessity, a division of the been an unmixed good; and we have little less right legislators into those who approve, and those who dis- to deplore their downfall-if they really be about to be approve-hence the origin of state parties. It has not extinguished—as a national calamity. We know of no always bappened that the cause of this discrepancy has party to whose professions, when out of power, implibeen very dignified. An ancient empire was sacri- cit confidence should be given, since it has never yet

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