JUDICIAL IMPROVEMENTS-EXCHEQUER

COURT.

If I shall be condemn'd

Upon surmises: all proofs sleeping else But what your jealousies await; I tell you 'Tis rigour, not law.

SHAKESPEARE.

NONE of the proposed Judicial Reforms or Improvements will be more advantageous to this part of the island than the contemplated abolition of the Exchequer Court. The mere saving of some fifteen or sixteen thousand yearly will not be the principal advantage, but the decision of Excise questions will then pass to another tribunal, better fitted for the administration of even-handed justice betwixt the Crown and the subject. We must not be understood as offering any disrespect to the present Judges in Exchequer, for they are all men of great legal knowledge, and of undoubted honour; but the forms and mode of procedure of the present establishment are essentially bad, inasmuch as the Officers of the Crown have many advantages in the conducting of their prosecutions over the unfortunate defendants, not allowed in any other Court of this country, and not allowed even to the Crown itself in any other description of cases.

Almost every mercantile man may be involved in questions which must be decided in Exchequer. Whether the offence charged has been committed intentionally, or is the result of some lapsus on the part of the dealer himself, or those for whom he is responsible— or whether there be an offence committed at all-the mode adopted in getting up these prosecutions is always the same. The crime, be it either real or imaginary, intended or not so, is generally first discovered by an Excise Officer, who reports to the Collector of the district. These persons frequently participate in the event of a conviction, in the sum exacted from the unfortunate party, in the shape of penalty or fine, and accordingly they have an interest in all the convictions which occur. But, whether they so participate, or no, is a matter of little moment; for, in proportion to the convictions happening in their respective districts, in proportion are they considered by their superiors in power, active and meritorious officers. Having, therefore, in one way or other, a strong incentive to action, these persons generally spare no toil in examining witnesses, and ascertaining facts, to fix upon the dealer the stigma of a charge. From the facts so collected, they often draw, and state inferences perfectly erroneous; to the witnesses, they in the hurry of their zeal, impute a knowledge of circumstances beyond what the witnesses can vouch at the hour of trial, and this being the character of the evidence, not probably from intention, but from the persons who take it being uneducated and unable to conduct properly such legal investigations, the same is forwarded to the Solicitor of Excise at Edinburgh, who afterwards forwards it, either with or without his own remarks, to the Board of Excise, now removed to London, who, in the plenitude of their power, orders the dealer to be subpœnaed to Exchequer.

The subpæna is the commencement of a suit, which 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 offence was committed, or hint at the manner in which liability is said to have been incurred. Upon these 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 of which he is said to be liable, and be thus enabled either to enter on a vigorous defence, or amicably to adjust the question.

The subpana, while it is thus silent as to the grounds of charge, mentions the day of trial, which we believe may be either distant, or near at hand, as the Solicitor thinks fit, and the only thing probably which the party accused can do, is to apply to the Collector, who may, if sufficiently civil, give verbally some vague notion of the grounds of the accusation. But, though the defendant be able and willing to shew his entire innocence, and that the proceedings have originated through false or interested information, the Collector, while he refuses to listen to this, tells the party that he must apply to the Board. The Board is consequently applied to, generally by memorial, which is sent down to the Solicitor, and by him to the Collector, and the Collector, and his officers, report farther, but only as before on one side of the question, and without examining the evidence offered on the other. The dealer receives an unfavourable answer from the Board: he may apply to the Lords of the Treasury; but with them the same thing is repeated. At length, the trial proceeds, and the first information which the defendant receives of the grounds on which he is charged, is in the opening speech addressed to the Court and Jury by the Counsel for the Crown!

Now, there is surely, in all this, a great deal of positive unfairness and injustice. It is clearly wrong to permit ignorant and interested Excisemen to get up such cases, which ought to be superintended, and the evidence connected with which, ought to be taken by persons properly qualified by legal education, to say what is, and what is not correct and substantial evidence. Or, if these Excisemen must report, surely they ought to do so on both sides of the question. If the question raised is one of a civil nature, then it ought to be tried by the same rules as are observed in all other Courts in civil questions betwixt man and man. The Crown should state all facts and circumstances on which the charge is made, and give defendants timeous opportunity for defence, by disproving, if they can, the grounds of accusation in the same way as other litigants in all other Courts. If the case is one for a Jury, the facts, to be proved on both sides, ought to be adjusted in issues after the same form as observed in the Court of Session; but, unfortunately by the present system, a party is kept in the dark, till the trial takes place, when, from not knowing the facts to be proved against him, he cannot explain them away, (although they admit of this,) because his evidence is not at hand.

If, again, the charge in Exchequer is of a criminal nature, such as having defrauded the Revenue-then,

the same timeous information of the facts on which it is made, and the witnesses by whom it is to be supported, should be given, as is afforded 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 which 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 system 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 procedure 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.

LARGS REGATTA-1830. BY A LANDSMAN.-No. I.

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.

SCOTT'S MARMION.

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 his 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 steamboat Largs, Captain Lapslie, and, having a favourable tide, the

beautiful panorama of villas, and groves, aud mountains, in their quick succession, delighted me. I sought for a congenial soul to participate in the splendid scene, and, having 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, a 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 experience 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 bawling, 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 half 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

out "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 caught 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 exertion I ascended to the surface, where a kindly boathook picked me up, to the inexpressible joy of our party-and my

own. ance.

We hastened ashore in a boat that had come to our assistI rubbed my eyes, and enquired "What large building is that?" I was told that there I could have a bath for two shillings; but 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 hastened 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. Underwood's."

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

27

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 hands of a manager, whose taste and liberality we shall have another opportunity of discussing.

ORIGINAL POETRY.

TEMPORA MUTANTUR.

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!

FINE ARTS.

GLASGOW THEATRE.

As we are bound, in our capacity of Critics, to 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; when 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 have attracted less interest among our citizens; but this diminution of favour has 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, has 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

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 has not closed, without our city and neighbourhood 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 ARCHD. 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.

GENTLEMEN'S FASHIONS FOR JANUARY.

EVENING DRESS.

A BLUE dress coat; the lappels are cut large at top, and the collar-ends square, to match, without flaps, and 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 across. 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

room.

Miss PEGGY 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 Governess" will shortly make its appear

ance.

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

GLASGOW GOSSIP.

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 Edinburgh, 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 while to expose the absurdity of these conventions, where Misses and Masters are in the habit of indulging 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 have 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 has been frequently put with a knowing look:-" What was yesterday and will be to-morrow." Do you give it up?" THE DAY."

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 management, which have been much felt-the first 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 whom contracts have been made, all of them highly popular on the Continent, 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 in the world; Signor Donzelli, Tenor; Signor Tamburini, Bass; Signor Mariani, Bass. For the Ballet:-Mademoiselle 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.

LITERARY INTELLIGENCE.

THE RAJAH 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 Inheritance." 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 Aborigines, inhabiting the summits of the Neilgherry Hills, or Blue Mountains of Coimbatoor."

"Records of a Good Man's Life," by the Rev. C. B. TAYLOR, M. A. Author of "May You Like It," will speedily be 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 much 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 ap

pear.

FOREIGN LITERARY INTELLIGENCE.

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," published at Wurzburg, and the "Catholic Ecclesiastical Gazette," published at Aschaffenburg, fights stoutly for the antiquity and purity of the old faith. The "Ecclesiastical Gazette for Catholic Germany" and 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.

THE PRESENT STATE OF PARTIES.

Ir is scarcely necessary to remark, that the mixed constitution of this country has been a stumbling-block in the way of all philosophical politicians, foreign and do.. mestic. It has a resemblance to every form of government which the ingenuity of man has hitherto been able to frame; and yet it has a positive fraternity with none. It is neither purely democratical nor monarchical. It is not a dominion of kings, lords, commons, or priests, exclusively. It does not strictly resemble the turbulent republics of the old, nor the more feeble republics of the modern world; and has as little essential likeness to the despotic monarchies of either. It cannot be compared to the Constitutions of Greece or of Rome, before or after the establishment of the Empire; and it is equally remote from all approximation to the lesser republics of Venice, Genoa, and Holland, or even of modern America. Whence it comes no man knows; and whither it goes, no man, however wise, can tell. The free spirit of ancient Germany circulates through all its parts, as the great vivifying principle; but the sagacity of a seer could not devise how so large a portion of this powerful influence came to be infused into its veins, while the rest of the European world gradually declined, from its high and palmy state, into vassalage and decrepitude. It defied theory to adjust the claims of its different elements to supremacy, and laughed to scorn all attempts to circumscribe its demands to respect on the score of practical usefulness. Imperfections it has in abundance; and what human fabric has not? But, with all its sins upon its head, it is a thing not to be tampered with, and on no account to be despised. Sciolists may rail against it, and the enemies of Britannia's glory may sneer at its theoretical defects; but it cares for neither. As a whole, it has done what no other Constitution ever did for any other country, for an equal period of time. It has secured peace at home, and respect abroad; and yet, like every invention of man, it is undergoing changes now, which, in all probability, are only the preludes to greater changes hereafter. Of the nature and tendency of those we stop not to inquire; believing, as we do, that it carries within itself a principle of adjustment which will set every thing to rights by-and-bye. But we desire, for the present, to examine the effects of some very important alterations which have insensibly crept into it, and which have already effected a very considerable change in its general aspect.

One of the necessary consequences of freedom of speech is freedom of debate; and an inevitable consequence of freedom of debate is opposition. Unanimity is rarely found among individuals, and never among aggregated bodies. If there be a parliament, therefore, (which simply means a place where men may speak out,) whether it be known by that, or by any other equally significant name, there will be difference of opinion; and, as all human government is founded on opinion, there will be, of necessity, a division of the legislators into those who approve, and those who disapprove-hence the origin of state parties. It has not always happened that the cause of this discrepancy has been very dignified. An ancient empire was sacri

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 primitive churches, which never had a termination-and our own country was deluged by blood, because certain men in power preferred white linen to black cloth, and a surplice and book to an ordinary-fashioned coat and no book. Thirty years ago, a man with a cropped head was deemed a rebel; and, in Charles the Second's time, it was an especial mark of loyalty to swear, drink, and play the buffoon. Men, however, are getting wiser; and parties, as such, are falling into disrepute. What is the reason of this?

Let us premise, in the first place, that no such absolute freedom of speech and action was known either to modern or ancient times, as that which obtains in this country, and which began to unfold itself at the period when parties properly commenced, namely, during the reign of Charles the First; and in no other country, for many years after, was the unlicensed practice adopted. The institution of parties, therefore, is a strictly British device in legislation, and, so incomprehensible has it seemed in the eyes of foreigners, that it has never been fully imitated anywhere. We are accustomed to the practice, and think little of it; but to strangers it does appear an anomaly in government, and until lately it was deemed a dangerous one. At first sight, it would appear that wherever there was a fixed Constitution, there could be no occasion for professed debaters, whose existence must, in some measure, be considered alien to that Constitution, and positively unknown to it; but, if any one will reflect on the matter, he will see that this order of persons was created by the times, and was called into being by a necessity which we should not forget-the necessity of establishing what the Constitution really was, or should be. The caprices of human passion, and the mutabilities of human taste, cannot alter the great and immoveable pillars of human rights, collectively considered; and it is impossible to conceive the origin of any class of men in a state to be higher, than that which is founded on the good work of settling a nation's privileges on the principles of equity and justice. This accomplished, however, we would not so easily discover the way in which a division into parties became necessary for the future, did we not recollect, that in a mixed government, the demands on the attention of the senate must be diversified. On all questions of domestic and foreign policy, difference of opinion is allowable; and out of this difference, combined with other powerful and influential causes, has grown the fixed principle in British legislation, that the general liberties of the people are protected by a well-regulated opposition. But, though this be true, no doubt can exist that it has been the source of infinite abuse. Corruption was one of its earliest fruits, and a distrust in the honesty of public men has been one of its worst and most lasting consequences. We have no right, then, to assume, that the existence of state parties in this country has been an unmixed good; and we have little less right to deplore their downfall-if they really be about to be extinguished as a national calamity. We know of no party to whose professions, when out of power, implicit confidence should be given, since it has never yet