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LECTURES on the THEORY and PRACTICE ELE

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AINSWORTH'S MAGAZINE.

CONTENTS OF THE FEBRUARY NUMBER:
SAINT JAMES'S; or the Court of Queen Anne.
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Book the First-Chap. V.-A peep below stairs in Marlborough House.
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Mount Etna.

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THE PHYSIOLOGY OF LONDON LIFE.
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On Conical Cornea, by Mr Middlemore, of Birmingham.

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THE EXAMINER.

No. 1879.

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

SATURDAY, FEBRUARY 3, 1844.

a

given

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PRICE 6d.

"Lord J. Russell gave notice that on Tuesday, the 13th inst., he would move, That the house do resolve itself into committee of the whole house, to take into consideration

the state of Ireland.'

"Mr M. Milnes gave notice, that on the 8th inst. he would move a resolution to the effect, that it is just and expedient that provision should be made by law for the maintenance of Roman Catholics exercising clerical functions in

Ireland.

THE POLITICAL EXAMINER. How should he, remembering that he had passed affairs in Ireland, and the policy and conduct of
the Catholic Relief Bill, and put into the lottery of the prosecutions.
legislation for a better Corn Law? Sir Robert Notices of several important motions are already
could not bear the idea of any bar to inconsistency.
He could not endure to hear himself shut out from
a fixed duty. Having drawn so much on the mea-
sures of his opponents, he could not consent that
any one of them should be pronounced out of the
reach of his plagiarism. We believe that if the
THE QUEEN'S SPEECH AND THE OPENING Whigs had not pledged themselves against the re-
OF THE SESSION.
peal of the Union, our Premier would have treated
a remark that he was precluded from adopting it
with the shrug and the peculiarly emphasized an-
sible-and certainly nobody else does while he is at
swer that he did not know what might not be pos
the head of affairs. A laugh having followed this
characteristic trait, Sir Robert, in a loud tone, hoped
that" they who laughed did not thereby imply an
opinion that he was making any reservation," in
which we see the usual touchiness of conscience,
On the question of a fixed duty Sir Robert Peel
favoured the House with some most transparent

A man with a very cadaverous countenance was

other man looking worse."

complimented by a friend on his looks in these
terms, "I never saw you looking better, nor any
The same turn of congratulation may be ad-
dressed to the nation under its Tory Government
at this moment by the Queen. Her Majesty has
never seen her country under her Tory Administra-
tion looking better, nor has she ever seen it under
any other administration looking worse.
When things reach a certain depth of ill, it is

fallacies.

easier for them to mend than to descend lower.
Congratulation, as Lord Brougham remarked, is "The noble lord (Lord John Russell) might say he pro-
the tenor of the Speech, and yet the country re- knows that, however intended, operate it would as protec-
posed it for revenue; but, if carried high enough, he
sounds with complaints-seven millions in one tion; and that if he would find it difficult to resist the
part of the kingdom crying out for separation-the argument, 'Why, if you impose a duty on foreign corn,
agriculturists representing themselves as reduced should it not be equally imposed on domestic corn?'-
to the verge of ruin-the trading and manufacturing barley, malt, would be referred to against him, and he
classes, on the other hand, showing that they are domestic barley, he should not in like manner have an im-
would be asked, 'Why, if he taxed foreign wheat and
sacrificed to the interest predominating in Par-post at the mill on all corn in this country?'-that is, if he
liament-the Welch driven to outrage by local op-were sincerely desirous of producing, not protection, but
pression-the Scotch burning with religious con- revenue. And with what truth could he otherwise say to
tention—and incendiarism in England bearing tes- the wealthy agriculturists, You have no right to protec-
timony to the general prosperity and contentment
by its nightly illuminations.

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tion. I regret I am obliged to some extent to give it you,
by reluctantly imposing a fixed duty on foreign corn im-
ported?' The noble lord would find it difficult to persuade
those whom he wishes to conciliate to adopt this distinc-
tion between a fixed duty and a graduated one."

Those who propose a fixed duty as fiscal only,
fix it at such an amount that it could seldom or
never operate as protective, and would generally
be a tax on the foreign importer, and not on the
consumer. The advocates of a low fixed duty for
revenue do not admit that they give any protection
to the agriculturist; they contend that they only
diminish the profits of the importer.

A fixed duty may be open to many considerable
objections, but not to those so disingenuously
started by Sir Robert Peel. Lord Howick stated
the most solid objection to the fixed duty, namely,
that the time for it is going by. The Sibyl's book
is burning while the haggling about it is proceed-
ing-

The Session has opened flatly and tamely enough.
The proposal to stop the supplies at once divided
the Liberal party, and compelled the dissentients
to turn their arguments against men on their own
side instead of their opponents. It is worse than
idle to have recourse to extreme resources, except almost doubted whether, even without that very significant
"The controversy had been kept up so long, that he
both on proportionately extreme occasions and speech which had fallen from the right hon. baronet
seasonable opportunity. It is not enough that that night, the time for a compromise had not passed, and
there is just cause for obstructing the Government, that now that every one must take his part in this question
it is necessary also that the great bulk of the public either on the one side or the other. If the right hon. gen-
should be prepared to support so strong a step. that it was wise to lay this stress on all the objections to a
tleman, and those who thought with him, were of opinion
As it is, Mr S. Crawford might as well run into the fixed duty, would be idle, and worse than idle, to make
streets sword in hand, and call on the people to rise such a proposition. Then the question resolved itself into
in arms for the vindication of their rights, as pro-this-were they to have the existing corn law, or was the
pose the stopping of the supplies. The time may importation of corn to be free? (Cheers.) That was the
come for the last constitutional resource; and point to which the right hon. gentleman wished to bring
the matter, and that was the question he wished to bring to
when it does come, it will wear the appearance of issue."
a moderate move compared with the circumstances
provoking it, as all vigorous proceedings do which
come in the aptitude of occasion, or as Virgil

has it

....

quod optanti Divum promittere nemo, Auderet, volvenda dies en attulit ultro.

but

“Lord Ashley (a Tory member, but an enemy to oppres-
sion in every shape), gave notice that on Thursday, the
that her Majesty will be graciously pleased to take into her
8th inst., he would move an address to the Crown, praying
consideration the situation and treatment of the Ameers of
Scinde, and that she will direct their immediate restoration
to liberty and the enjoyment of their estates."
On the same question

"Mr Roebuck gave notice that on the 13th instant he
would move a resolution to the effect, that while the house
was willing to do justice to the valour, skill, and discipline
of the officers and soldiers engaged in the late transactions

in

Scinde, it must at the same time condemn that grasping

and intermeddling policy which led to an unjust inter-
ference in the affairs of independent neighbouring nations."
rather surprised us at the close of last session,
This recals to our memory a statement which
which, with our comment on it, we weprint-

"Lord Brougham has made a startling statement
as to the purpose of Mr Roebuck's dropped motion as to
Scinde.
who, but for professional avocations, would have this session
"My hon. and learned friend the member for Bath,
brought forward this subject, has communicated to me that
his intention would have been to advocate the occupation
of that country on account of its necessity; and from the
sources of information he disclosed to me, I gather-
what amounts nearly to demonstration-that Scinde, iƒ
well managed, would supply a large surplus revenue; so
that here is another item for the favourable side of the

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instead of advocating the occupation of the country,
And now, sure enough, we find that Mr Roebuck,
it as unjust, and the result of a grasping, inter-
as Lord Brougham promised on his part, condemns
meddling policy.

part of the Ministerial trumpeter. He vouches for
By the way, Lord Brougham reappears in the
all that they have done. But the Government,
for, while he protects it, he also protects M. Guizot,
though requiring all his care, is not his sole care;
the French nation, and then, by an easy transition
passing to America, puts in a word for "his clients"
there, as he modestly calls the people of the United
Scott's Saddletree by this stupendous busybody.
States. How immeasurably surpassed is Walter

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Mr Sheil's speech has been the theme of universal admiration. It has surpassed the sanguine expectation of friends, aud conquered the disparaWhether Sir Robert Peel's declaration as to the ging propensities of opponents. Great as the Corn Law will give any degree of comfort and occasion was, the speech was fully equal to it. confidence to the agriculturists is very doubtful; The eloquence is the least part of its merit, the but that it will furnish new ground and new vigour judgment which governs all is most eminently to the agitation of the League is quite certain. remarkable. Nothing is pursued too far, and the The fool's paradise of certain folks, in which they nicest tact is observable in points merely preThere is no Hamlet in the play, not a word of cherished the belief that "Sir Robert would do sented by the speaker, and then left unworked by the Corn Laws in the Speech; but in the debate on something," is now dissolved, They now know him, as sure to work in the mind of the hearer. the address Sir Robert Peel obeyed the cudgel of what they have to expect, and that whatever Sir Some of the most powerful thoughts are thus indithe Duke of Richmond, and made a declaration Robert may do must be the result of the old causa-cated, and no more, for no more was necessary, that he has never contemplated, and does not con- tion so effective with him, of compulsion. He is such was the greatness of their significance, and template, any alteration of the existing law. Nothing can be distincter than these terms; the Mock Doctor, who must be cudgelled into the certainty of their filling the mind to which they were once suggested. Of this sort was the no matter what Sir Robert Peel may say, an equivo-giving the required prescription. Nothing in the way of inconsistency, as Sir Ro- hope that he might not hereafter see four Catholic cation will always be supposed to lurk in it, and hert avows, is indeed impossible to him, and in Judges on the bench on the trial of a Protestant. the more positive his protestations are the more they are doubted and suspected. And he really token of it there appears in the Queen's Speech What an impeachment, too, is conveyed in this appears to have as little confidence in his own re- this cool paragraph, containing the pith of the point: solution as the rest of the world has in it. One of Liberal argument against Lord Stanley's Irish our public men used to say, "I feel so certain Registration Bill, which so shook the Whig Go"about the thing that I begin to fear I must be vernment in '39, and the ground on which Lord wrong;" and this would seem to be the feeling in John Russell proposed a counter measure— Sir Robert Peel's mind, for the moment after he had registration, taken in conjunction with other causes at "You will probably find that a revision of the law of uttered his denial of any intention to alter the present in operation, would produce a material diminution Corn Law, he took fright at Lord John Russell's of the number of county voters, and that it may be advisremark that the Government might maintain the able on that account to consider the state of the law, with law or repeal it, but could not possibly adopt aa view to an extension of the county franchise in Ireland." fixed duty, and observed, as the Times states, with

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"I find in the Evening Packet of the 24th of January, 1837, an account of a great Protestant meeting which took place at the Mansion house, where all the great represen tatives of the Conservative interest in this country were assembled. Some very strong speeches indeed were made tlemen, you have a rebellious Parliament; you have a at that meeting. The Earl of Charleville said, 'Well, genLord-Lieutenant, the slave and minion of a rebellious Parliament.' That speech was heard by the Right Hon. Thomas Berry Cusack Smith. Did he remonstrate against the use of language so unqualified? Not at all. He got The campaign has opened without spirit, be-up and made a speech, in which he stated that he was a sort of shrug, and a peculiar, quiet emphasis, "I cause the most important question of the time is sorry to find that Roman Catholic members of Parliament paid so little regard to their oaths.' When the right hon. necessarily held in reserve, the administration of gentleman had such impressions, I cannot feel surprised that

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How happily the prosecution is characterized as not for breaking the peace, but "for a conspiracy to keep it," followed up by this stinging hit

care should have been taken to exclude every Roman Catholic | much lead, his natural production, without any
from the jury-box."
powder? The chamber of his brain was loaded
with the bullet, but it wanted the power to give it
wings and aim. His pistol was better furnished
than his mind, and to it he rushed in his extremity.
Mr Smith says with Ajax, impatiens ire, in
the contest with Ulysses-

"The first of those charges was a conspiracy to diminish the business of a court of law. How will good Lord Chatham exclaim-I remember to have read it somewhere, but I forget where-'Shake the whole constitution to its centre and the lawyer will sit tranquil in his cabinet; but touch a single thread in the cobwebs of Westminster hall, and the exasperated spider crawls out in its defence.'"

How masterly is this view of the whole character of the proceedings→→→

come? Is there not too much reason to think that a pro

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Quam pugnare manu. Sed nec mihi dicere promptum ;
Nec facere est isti, Quantumque ego Marte feroci
Quantum acie valeo, tantum valet iste loquendo.
Sir Robert Peel must feel proud of having
appointed so valiant a man, so prompt to pistol,
to so high an office in the administration of the
laws.

It is, of course, the business of every member of
the Government to undo all that has been done by
O'Connell, and to present in his conduct the very
opposite example to the lessons of the agitator.
Mr O'Connell, then, having preached respect for
the laws, the renouncement of violence, and reli-
ance on the moral force, the Attorney-General, in
the very temple of justice, presents the contrary
lesson of contempt of the Court, defiance of the
laws, and recourse to deadly vengeance for the
satisfaction of the resentment of the moment.
This is the example which Ireland wants. The
retort of the bullet has latterly been falling into
alarming disuse. The habit of spilling blood for
every affront is declining, and what place so fit for
the example sanctioning and restoring it as her
Majesty's Court of Queen's Bench?-what person
so fit as the advocate of the laws, and the func-
tionary specially charged with the duty of watching
over the preservation of the peace?

Mr Fitzgibbon, in his very able speech, for the most part closely addressed to the charge and the misconduct in the management, having rather exceeded his licence in the sarcastic observation,

"The Attorney-General, in a statement of eleven or twelve hours' duration, read a long series of extracts from speeches and publications, extending over a period of nearly nine months. At the termination of every passage which was cited by him he gave utterance to expressions of strong resentment against the men by whom sentiments so noxious were circulated in language so envenomed. If, gentlemen of the jury, his anger was not simulated,-if his indignation was not merely official,-if he spoke as he felt, how does it come to pass that no single step was ever taken by him for the purpose of arresting the progress of an evil represented by him to be so calamitous? He told you that the country was traversed by incendiaries who set fire to the passions of the people; the whole fabric of society, according to the Attorney-General, was in a blaze; wherefore then did he stand with folded arms to gaze at the conflagration? Where were the Castle fire-engines-where was indictment—and of ex officio information what had beject was formed, or rather that a plot was concocted, to decoy and ensnare the traversers, and that a connivance, amounting almost to sanction, was deliberately adopted as a part of the policy of the Government, in order to betray the traversers into indiscretions, of which advantage was, in due time, to be taken? I have heard it said that it was criminal to tell the people to bide their time;' but is the Government to 'bide its time' in order to turn popular excitement to a useful official account? The public prosecutor who gives an indirect encouragement to agitation, in order that he may afterwards more effectually fall upon it, bears some moral affinity to the informer, who provokes the crime from whose denunciation his ignominious livelihood is derived. Has the Attorney-General adopted a course worthy of his great office-worthy of the ostensible head of the Irish bar, and the representative of its intellect in the House of Commons? Is it befitting that the successor of Saurin, and of Plunkett, who should keep watch and ward' from his high station over the public safety, should descend to the performance of functions worthy only of a commissary of the French police, and that, in place of being the sentinel, he should sink into the artful dodger of the state? But what, you may ask, could be the motive of the right hon. gentleman for pursuing the course he has adopted, and for which no explanation has been attempted by him? He could have obtained no advantage signally serviceable to his party by prosecuting Mr Barrett, or Mr Duffy, or Dr Gray, for strong articles in their newspapers; or by prosecuting Mr Steele or Mr Tierney for attending unlawful assemblies. He did not fish with lines-if I may avail myself of an illustration derived from the habits of my constituents at Dungarvan-but cast a wide and nicely constructed trammel-net into deep water, in order that by a kind of miraculous catch he might take the great agitatorleviathan himself, a member of Parliament, Tom Steele, three editors of newspapers, and a pair of priests in one stupendous hawl together. But, gentlemen, there was another object still more important to be gained. Had the Never, surely, was there such a curious compound Attorney-General prosecuted individuals for the use of of the martial and the pettifogging. Even when violent language, or for the attending unlawful meetings, his soul was in arms and eager for the fray, how he each individual would be held responsible for his own acts; returned to chicanery, as the French song says we but in a prosecution for a conspiracy, which is open to every one of the objections applicable to constructive treason, the do to our first love. After Mr Fitzgibbon had acts and the speeches of one man are given in evidence made his statement to the Court, that the first law against another, although the latter may have been at the distance of a hundred miles when the circumstances used against him as evidence, and of which he had no sort of cognizance, took place."

Mr Sheil powerfully contrasted the constructive case vamped up against the defendants with the excesses which official Tories themselves set the example of when heated in a savage and factious opposition

by the peaceful adjustment of differences, but of an eagerness to defy and break the laws, both of God and man, in deadly conflict. Compare the offence of conspiracy for arbitration-conspiracy for peace and good-will amongst men, with this fine example of ready recourse to crime for the satisfaction of vengeance.

By analogy to the law of conspiracy, this edifying act of Mr Challenger Smith is to be carried to the account of his patron and employer, Sir Robert Peel.

We cannot conclude without adverting to the very mealy-mouthed censure of the Court, its unwillingness to give an opinion on the propriety or impropriety of what had taken place, its willing ness to make every allowance for the excited feelings of gentlemen. If a poor bogtrotter had been before the Court for having given way to the impulse of passion, and aimed at the life of one who had affronted him, would the Chief Justice have felt any willingness to make allowance for the excited feelings of such people as rude peasants under any conceivable provocation?

And as for the Attorney-General, the duty of the Court was obviously to admit of no allowance for his conduct, the obligation attaching to him in the conduct of such a cause being one for the mastery of temper, and the suppression of any particle of warmth or angry excitement. His failure in this important duty stamps his unfitness or the management of such a case.

EMEUTE IN THE CHAMBER OF DEPUTIES, A more successful example of political audacity, one might say impudence, has never been given than in the conduct of the Legitimists in the French Chamber. These gentlemen have defied the Government and constitutional system at home by coming to London, openly paying court to the Duke of "No doubt it was a momentous case; but he did not Bordeaux, and proclaiming him King of France. think that the Attorney-General would agree with him as to the reason for calling it a momentous case. He had no They then returned quietly to Paris, and, because doubt but the Attorney-General felt it was a momentous the Ministry sought to insert in the address two case in reference to the effects which it would have on his words of censure on their culpable manœuvres, they (the Attorney-General's) own future position with his set up the loudest cries of being the most injured party; he had no doubt that it was a momentous case to and aggrieved of men. Nay, they succeeded in him in that respect. Hence all that want of candour of turning the tables on the Minister, and in bringing which he (Mr Fitzgibbon) had complained, a want of candour which was always to be expected when the prosecutor forward M. Guizot's preference of the constituhad himself an interest in the case; and here the Attorney-tutional government of Louis the Eighteenth to General was not only the prosecutor, but was actually con- the military despotism of Napoleon, as a crime ducting his own case-his case with his own party." deserving lapidation in 1844. Having succeeded the Attorney-General tore a page from the brief in hustling M. Guizot, the Legitimists then shake which he holds to maintain the respect for the the dust of the Chamber from their feet and depart. laws, and forthwith penned a challenge. They discharge it, as a footman might his master. In most periods of French history these gentlemen would have been hanged, drawn, and quartered; and most certainly the insertion of two words of censure in the address is a penalty under which the Legitimists need not have groaned or writhed.

What a man for challenging is this. He begins with challenging all the Catholics on the jury, and ends with challenging his learned brother on the other side. We are perplexed which of the many soubriquets that suit him to give to him; should it be Mr Challenger Smith, or Mr Gun Smith, or Mr Artful Dodger Smith?

officer had manifested his respect for it by tossing
him a challenge,

"The Attorney-General rose amidst breathless silence,
the Court, let it be on affidavit."
and said, if Mr Fitzgibbon had any application to make to

finished his speech; in the middle of it, in a short
It is to be remarked that Mr Fitzgibbon had not
adjournment of the Court, the Attorney-General
takes his well-timed opportunity of flinging a
challenge at the advocate on the other side, in the
midst of his arduous duties. The fire-eater did
not, according to custom in such cases, require
an explanation, but made explanation impossible
by presenting the bullying alternative of apology
or a meeting.

But what said the Chief Justice on the part of
the insulted Court?

The scene was most uproarious when M. Berryer complained that the Chamber could not have been more severe to him had he gone to Ghent. M. Guizot ascended the tribune and opened his mouth many times, but the yells of opposition drowned his excuses. For more than an hour this lasted, the President being unable to command silence, and none of the independent supporters of the Ministers coming forward with courage to face and to quell the storm. Singular to say, this extravagant outburst, excited by M. Berryer, was against the elder Bourbons, against M. Berryer's Napoleon was certainly the act of a constitutional curious preference of Louis the Eighteenth to own principles and dynasty, whilst M. Guizot's

Royalist.

"We should inquire how it is that gentlemen connected in their absurd fears and jealousy of the etranger, The French are, however, so stark staring mad with these very prosecutions have thought it decorous to comport themselves when their own passions were excited. that they cannot be considered rational beings on The name of the Right Hon. Frederick Shaw is attached that subject. There can be no use in arguing with to the proclamation. I hold in my hand the peroration of or of them. The present result of this commencea speech delivered by that gentleman, and reported in the ment of the Parliament's campaign must, however, Evening Mail of the 9th of March, 1835:- The Government might make what regulations it pleased; but he trusted be noted. M. Guizot had succeeded in neutralizing the people knew their duty too well to submit to its enactments. the Legitimists in the Chamber, and making oneWe might degrade our mitres; it might deprive us of our half of them vote with him. Now this is undone, properties; but if the Government dared to lay its hand on "We are most unwilling to give any opinion as to the the Bible, then we must come to an issue. We will cover it propriety or the impropriety of what has taken place. Of and all the Legitimists are in opposition. The Molé with our bodies. My friends, will you permit your brethren course, we are willing to make every allowance for the party, opining that the King is vexed at the Regent's to call out to you in vain? In the name of my country and excited feelings of gentlemen engaged in a case of this dotation not being brought forward, has deserted of my country's God, I will appeal from a British House of nature, but we desire to give no intimation of our opinion, to opposition at the same time; whilst M. Thiers Commons to a British public. My countrymen would obey at present, as to the conduct of the gentlemen engaged on brings his band in support of Count Molé. This the laws so long as they were properly administered; but if both sides. It is very embarrassing that such an occurrence makes a formidable coalition, and the general opi it were sought to lay sacrilegious hands on the Bible, to tear should have happened in a case in the proper decision of the standard of the living God, and to raise a mutilated one which the public are so much interested. We also feel that nion is that M. Guizot cannot long resist it. in its stead, then it would be no time to halt between two OF ALL MEN IN THE PROFESSION, THE ATTORNEY-GENE- One is curious to see what the French will think opinions; then, on every hill and in every valley would re- RAL, FROM THE ELEVATED POSITION WHICH HE HOLDS, of our debate, of the lukewarm definition of his sound the rallying cry of "To your tents, O Israel." I IS THE LAST MAN WHO OUGHT TO HAVE ALLOWED HIM-alliance with France given by Sir Robert Peel, of won't ask the Attorney-General of Ireland what he thinks SELF TO HAVE BEEN BETRAYED INTO SUCH AN EXPRES- the use made of the admissions of MM. Thiers and of this, because this speech refers to a subject somewhat SION OF FEELING AS HAS BEEN BROUGHT UNDER OUR embarrassing to him; and what his opinions are upon the NOTICE." Education Board it is not very easy to conjecture; but I may venture to ask the Solicitor-General, who is himself a commissioner of the Education Board, whether Daniel O'Connell, in his whole course of agitation, ever uttered

speech half so inflammatory as this?"

a

THE CHALLENGE. "To tediousness and dulness," said the Times "6 a brilliant flash has sucon Mr Sheil's speech, ceeded." But the Irish Attorney-General had his brilliant flash, too, in reserve, and it was the flash of a pistol. His management of his charge was heavy and feeble; but what could he do with so

It is to be hoped that the Attorney-General has not challenged the Chief Justice for these words; but we are not without our apprehensions. He should remember, however, that if he should shoot the Chief Justice in a duel, Sir Robert Peel would have some difficulty in appointing him to the vacancy.

After this edifying scene the Attorney-General's strictures on the conspiracy to diminish the business of courts of law by arbitration will appear to especial advantage. In his own proper person he has set the example, not of dispensing with law

Guizot by Lord John Russell and Lord Palmerston, and of the declaration of Lord Brougham that he knew France and the French much better than M. Thiers and Count Molé, the present leaders of the French opposition. But we shall have French comments on these subjects next week.

THE POLICY OF THE PROSECUTION. So the Government by its petulant impatience has engaged itself in legal proceedings, of which no one can see the end, but of which many immediate and remote mischiefs are too apparent.

In the first place, constructive sedition is as foreign to our notions of fair play as the exploded doctrine of conf structive treason. Yet it constitutes the very essence of

WILSON.

the charges preferred against the Repealers, with the for- | "The first appearance of Jim Crow was in the street, keep one's attention constantly awake in expectation o ther objection that all which they are charged with saying where he was tied by the leg to a stick, while a pack of flashes of the peculiar intelligence of genius: nor is that exand doing, they said and did openly and unchecked at the inhuman boys were gathering stones to pelt him to death, pectation entirely disappointed, for his conversation is in a time by the authorities. There is an insidiousness in thus when Mrs W., the landlady, kindly interposed and saved high degree fluent and animated. Walter Scott, again, has accumulating offences and fattening them for punishment, the devoted victim. He rapidly tamed, and in a few days not a gleam of poetic fire visible in his countenance, which against which fair play and justice revolt. Then, again, exhibited both intelligence and amusement to his protectors. merely suggests the idea of plain good sense: his concepWill Irish excitement be calmed (except through sheer Upon the landlord, from first sight, he appeared to have tions do not strike you as by any means so rapid or so brilliant weariness) by instituting trials of the leaders of that excite-centred his affections-and the ardour of the poor bird's as those of his critic; yet there is much amusement and ment, not upon clear single points, the bearing and the con- attachment almost exceeds belief. He watched for his variety in his good-humoured, easy, and unaffected converviction upon which all could comprehend, but upon indict-master in the morning, followed him through the day, was sation." ments running over a period of eight months, referring to always at his elbow when he dined, and if he afterwards in proceedings which may require as many thousand witnesses, the evening joined a jovial party- as landlords are wont to do and composed of eleven counts, the very first of which Jim Crow was sure to be upon his shoulder, or on the table, covers fifty-five closely printed folio pages. The monster if permitted to make one of the merrie companie.' If meetings are aptly met by monster indictments. any person pretended to beat the host, the rook attacked nearest resemblance to it is the old Tory green bag full of him furiously-and, as if he knew that a razor was a lethal cumulative charges raked up against Queen Caroline. instrument and the carotid in dangerous contiguity, before Further, also, the Government has, greatly for the present the barber dare commence operations, Jim Crow had to be advantage of Mr O'Connell and Repeal, removed the site secured in another room, to secure the shaver from maland the centre of its agitation, from the bleak and dangerous hill side, to the secure and far speaking four courts of Dublin. From their halls, Mr O'Connell, with his powerful array of legal assistants, will be able to work out his Irish questions; and after holding up the Government to derision for two months, will probably send it to Parliament with defeat. A conviction would probably be even more disastrous than an acquittal.

The

treatment.

"He is young, handsome, wealthy, witty; has great learning, exuberant spirits, a wife and children that he doats on (circumstances one would think consolidating), and no vice that I know, but, on the contrary, virtuous principles and feelings. Yet his wonderful eccentricity would put anybody but his wife wild. She, I am convinced, was actually made on purpose for her husband, and has that kind of indescribable controlling influence over him that Catherine is said to have had over that wonderful savage, the Czar Peter."

SOUTHEY.

"It might be imagined that the poor rook could reason.
The communication over the Tweed, between Spittal and
Berwick, is kept up by diminutive steamers which cross
"I like him exceedingly: he has the finest poetical
the river repeatedly within the hour. If his favourite were countenance, features unusually high, and somewhat strong
missing, Jim Crow would fly down to the pier and ascer- though regular; a quantity of bushy black hair, worn care-
tain if the lost one was on board; and in that event, the lessly, but not with affected negligence; deep set, but very
rook would cross the river, and no matter where his owner animated black eyes; and a countenance serious and col-
went, he would be found flying by his side, or settled on his lected, but kindling into ardour when animated in conver-
shoulder. Of course this personal attendance was occa-sation. I have heard Southey called silent and constrained:
sionally to be dispensed with-but it required no little in- I did not find him so; he talked easily and much, without
genuity, by turning a corner or getting down an entry, to seeming in the least consequential, or saying a single word
enable his master to blink his too faithful friend and com- for effect. On the contrary, he converses with the feeling
panion. If he succeeded, the bird would fly up and down and earnestness of one who speaks, not to flourish in con-
the street-look anxiously around-and if he could pop on versation, but to relieve a full mind from subjects of fre-
his lost proprietor, his joy would be unbounded, and lest quent meditation."
another separation should occur he would stick to him for
the remainder of the day close as his own shadow. If, how-
ever, Mr W. managed to get off-a feat not always to be
effected-after a sharp search, Jim Crow would wing his
way across the Tweed, return home, and there anxiously
await a reunion with his lost protector.

In the present state of the Irish mind, would the Govern-
ment venture to imprison Mr O'Connell? How would it
meet the emergency that might thence arise? And what
justification would it have for precipitating or risking it?
And yet how feeble would it show, if, after all its prepara-
tions, it dared not imprison him. It lost its best chance of
escape when the errors and bewilderment of its law officers
nearly quashed the proceedings; and its hope now is that
the jury may never agree. Indeed it would be no easy
matter for any twelve persons to agree upon a detailed his-
tory of eight months of Irish proceedings, and upon the
bearing of which the Government itself was for eight
months divided, or at least undecided. And so now the
best ministerial hope is, as indeed the bewildering charges
seem purposely framed to secure its fulfilment, that there
"I said that the rook was fond of convivial meetings;
shall be no verdict. For then there would be a pretext and there he was an active auxiliary. Were there a dozen
raised for the old favourite practice of coming to Parliament persons at the table, Jim would hop regularly round, re-
to ask for extraordinary powers to do what is called, vindi-ceive the scores from the guests respectively, pouch the
cate the law and strengthen the hands of Government. money beneath his tongue, return to his master, insert the
Meanwhile these proceedings have, like the attack upon black and horny bill into the clenched hand of mine host,
the magistrates, rallied the repeal rent; and the prosecu- and honestly deposit there every coin he had collected. A
tion, by giving Mr O'Connell the appearance, rather than still more curious anecdote of the bird remains; I know it
the reality, of being persecuted, has raised his own special to be true; and, upon my life! it goes far beyond my phi-
fund-the O'Connell rent-from 15,000l. to above 25,000. losophy.
And when the trial is over, if it ever will be over-what
then? how much nearer shall we be to the settlement of
Ireland? What's to be done?-What's to be Done?

THE LITERARY EXAMINER Wanderings in the Highlands and Islands, with Sketches taken on the Scottish Border: being a Sequel to Wild Sports of the West. By W. H. Maxwell, Esq. Two vols. Baily. Mr Maxwell would be more amusing if his efforts to amuse were a little less violent. He runs down his jokes and his readers together. He is best in his border scenery; of which these Wanderings have some rough, natural, hearty painting. A sporting incident he will also tell with good effect, when he stops at the right time. We do not care for his characters or dialogues, but his anecdotes of Dogs, of Birds, even of the unsympathetic Fish creation, are sincerely felt and very welcome. His dumb creatures, truth to say, beat his talking creatures hollow.

He will not object to our introduction of himself, in the character of Colonel O'Flagherty, blowing the trumpet of his own tastes and likings:

SCOTT AND HIS ADMIRER.

"A young lady from England, very ambitious of distinction, and thinking the outrageous admiration of genius was nearly as good as the possession of it, was presented to Walter Scott, and had very nearly gone through the regular forms of swooning sensibility on the occasion. Being afterwards introduced to Mr Henry Mackenzie, she bore it better, but kissed his hand with admiring veneration. It is worth telling for the sake of Mr Scott's comment. He said, 'Did you ever hear the like of that English lass, to faint at the sight of a cripple clerk of session, and kiss the dry withered hand of an old tax-gatherer?'"

In the main, these Letters of Mrs Grant are sensible, unaffected, old world talk: which will please many, and certainly need give offence to "The first movement in the morning in the landlord's none. In a literary sense they would hardly seem chamber-the first cough or creak of the shoe which an- to justify the reputation Mrs Grant had, and which nounced that his master was a-foot-was hailed by this caused her, if we mistake not, to be often named singular bird with loud and exulting cawings. The landlord was a wag his marriage bed had not been blessed by a among the supposed Authors of Waverley: but family-and opening the room-door he would remonstrate they have a value quite apart from this, of no inwith his noisy favourite. What the de'il are ye at, mon? considerable kind. Mrs Grant, in the course of Hauld ye'r tongue, or ye'll wauken the bairns! In a her long life, had to undergo a series of family moment the loud and clamorous caw was changed to one griefs and losses almost without example; and so piano and subdued, that had Rubini been his pre- these Letters are the evidence that she bore them ceptor, Jim Crow's descending scale could not have been with a firmness and elasticity of mind most worthy more rapid or more euphonous. of devout imitation. Of a family of twelve children, only one survived her: but to the last her life prosented sacred and cheerful duties, which she discharged with confidence and quiet hope, and an indestructible belief in good. We do not know that a better book could be recommended to those who are given to what Johnson calls "foppish lamentations," in this world of real sorrow, "than Mrs Grant's Memoir and Correspondence.

:

Many such sketches, quite as life-like and pleasant,
are in the volumes and scattered legends of
the border scenes while away the reader's time
agreeably.

Mr Maxwell introduces some imaginary por-
traits in the manner of Washington Irving, and
has allowed a portrait of himself to be prefixed to
the volumes, in no earthly pictorial manner that
we know of. He is sitting on a heath, with his
arm quietly reposing on a distant horizon.

Memoir and Correspondence of Mrs Grant of
Laggan, Author of Letters from the Moun-
tains,' &c. Edited by her Son, J. P. Grant, Esq.
Three vols. Longman and Co.
Mrs Grant of Laggan had a great Edinburgh
reputation in her day, and her day was a long one.
She had passed her youth in the Highlands, was a
woman well travelled, had published a book of
tolerably good esteem, was greatly given to talk
ing, and possessed a most unmerciful turn for letter
writing. Added to these qualifications, she was an
uncompromising old Tory, and when her party was
confessedly not in its liveliest intellectual condition
in Edinburgh, made this shrewd and sly excuse for
its love of eating and drinking.

Philip Van Artevelde. 24mo. Third Edition.
Moxon.

Mr Moxon here begins a series of poetical reInfinite riches in a little room"-and vast impublications, which can hardly fail of success. provement on the tall flatness of the ordinary Cheap Edition, with its double column and unacthough small; and the price (half a crown), such commodating shape. The type is beautifully clear, as the absence of competition could alone make remunerative. The value of the cheap-book-outcry against Copyright (not to enter into the question of its honesty), is tested by such experiments as

this.

To me, the wild occurrences of rugged life are germane -I was not nursed in the lap of luxury,' as the phrase goes; before the beard was darkened on my lip, the boy's shoulder stood beside the man's-and when a bold career, charged deep with varying adventure, close-Time, that villanous old sitheman, tinged me with a little of his silver, to hint that I had 'done my work.' I am no carpet knight-when others mingled in the light frivolities of youth, I was shivering in a Pyrenean bivouac, or roasting in the Indies-to-day, owner of two hundred dollars to-morrow, the baggage-mule gone, and I left unprovided with a second shirt. Into the refinements of society my Our opinion of Mr Taylor's masterly, thoughtpeeps, like angel's visits, have been few and far between. ful, and most striking poem, has been long on Almack's is known to me by name; but confound me if I record. He tells us in a brief advertisement, that can tell its locality. My acquaintance with a court has "I expect some of my Whig friends to come boasting of the pretty little volume before us is not a mere been restricted to seeing the guard trooped at St James's; their superiority in clever speeches, but my answer is pre-reprint. and, beyond a country ball, the only scene of elegant fes- pared. I shall tell them, in the first place, that the speakers "In the years which have elapsed there tivity with which I could boast myself a partaker, was her among them are talkers by trade; and next, remind them has been ample time for revision, and though some Grace of Richmond's on the 15th of June, when mounting that the most elegant opposition speeches anywhere to be of the more material defects, being what may be * guard of honour at the door. Lam not indoctrinated in the met with are to be found in Milton, and were inspired by called structural, are so incorporated with the mysteries of the turf-then what care I about Oaks or the despair of those angels who found they were defeated whole as to be beyond the reach of correction, Derbys? I would not step across the flag-way from the in their attempts to aspire to a higher place; and that we Club, though Persiani sang Jim Crow,' or Cerito threw do not hear of laboured diatribes among the faithful spirits, yet the author trusts that much improvement has been effected by the removal of blemishes that lay on the surface. One or two short scenes have been introduced also, where they seemed to be wanted for purposes either of connexion or separation.”

a somerset-and whether a Prima Donna should Soil her honour, or her new brocade,'

but are told of their exquisite music, and that

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They eat, they drink, and with communion sweet,
Quaff immortality and joy."

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would have about as much interest for me, as the faux pas
of the lady of the street-sweeper. Give me no twaddle We do not know that our readers would thank
about fashionable follies, but the details of incident in life, us for an account of Mrs Grant's unexciting career:
mech a man should tell, and a man should listen to. Let but if they would learn its details, the brief and
me feel the horny grasp of a sailor's hand-none of your
kid-skin manipulations, with an Excuse my glove!or unobtrusive memoir prefixed to these volumes, will
place me i' the afternoon,' toe to toe, with an old Penin- tell it agreeably enough. The Letters will also be
sular, and, if he be scarred diagonally across the face, pleasant reading, to those who have an interest in

'the token true of battle-field,'

why, all the better. Keep your perfumed popinjays to
yourself; let them expend their affairs of nothingness upon
each other; give me the man who has crowned the breach,
or combated the tempest-and-
"Hallo! Colonel O'Flagherty-what the deuce is the

matter?"

the writer, and remember the Letters from the
Highlands (which, like the present collection, were,
we believe, a genuine private correspondence): but
to those who expect from them any very lively
picture of Edinburgh society, they will be apt to
disappoint a little.

The Biographical Dictionary of the Society for the Diffusion of Useful Knowledge. Vol. III, Part II. Longman and Co.

This close of the third volume of a very important undertaking, in which, notwithstanding a certain failure of the attention it might have claimed, we discover no signs of flagging or failure in execution, brings us to the life of Richard Atkyns, known by his forgery against the honour A very natural question to a Colonel who has fallen of Caxton. He hardly deserved a three-columninto this Ancient Pistol vein! The passage is a niche in the most comprehensive of dictionaries. We cannot too strongly urge on the conductors of clue to the writer's less agreeable wanderings. "You would think by their appearance that the body of this publication the value of space and time. We do How much more modest, intelligent, and hu- each was formed to lodge the soul of the other. Having not think the first always discreetly apportioned, manly active as well as beneficent, is the hero of met them both formerly, their appearance was not anything and unlooked-for delays in the second are ex the subjoined sketch: the favourite rook of a good-new to me: but Jeffrey looks the poet all over ;-the ardent Confidence in the certain and natured landlord on the border.csly to 2

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We take one or two personal sketches :

SCOTT AND JEFFREY.

eye, the nervous agitation, the visibly quick perceptions,tremely hurtful.

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