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Leader (1850-1860), 6th May 1854, Edition 1 of 1, Page 426, Untitled Article

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      ooflde 4 bem ^ bit ^ i { Mmi ^ plan xrf ; consistently frith English moderation—very peaceably , first by protesting ; then they went w » Sg ^ tPrtMning from the use ? of the taxed ^ rtiolea , which required ggftgwuiwfite tiCimuUMBte -anqY ooBflBenience ; then by * pitching : th » taxed tea into ^ ke ie » atrfioateoc ; Att d then—but not until soldiers had bee n landed ia B ^ omtos £ b « ee £ ^ kem- ^ b j ^ ca ^^ itmg ^ a . revolutionary army , such as . that winch h ^ diyliaedJ ^ n ^ Q « uv ^ » pv ettBCQUor on . tie English throne , and , fcanaiiiffm <^ mOTen o £ th « iMrt « sn states , united ta Tesist aggression . 33 i ^ n ^^ inRd ^^ ; . establwhed their righ t * and their fo ^ otn ; at ovce ^ declared themselves independent , and focadad a ? republic : ; ft yqpabli < y baaed upon the . rights secured by Englishmen , ands hiwi ^^ rottij ^ inoOMteraaee off . throne *

      rHeiettaMitfee ^ t ^ ^ menoaiiA oonatetutaoiv which nngl& 3 > aic £ igp # ^ ira * necessaryin giving ascendancy f #% iuM&k ^^ * he comdMui mistake that ? the strength of ^« &teYn 4 n £ ^^» t ^ irtt ** 34 B « iv o » l | B-iber protected : by weakening some other ¦ *^ " ^ * f ffy :- y * P ? H * l lfl * ^ M "* ' ^ HwA »« m *^ AlMWP >«« Aff ! O » . far « rti ay ^ harerpjit , yqatrA ^ fc itgrnagftlfk ^^ ther ambitions ^ of the . mukL ~> tsr a ^ saftd ^ ute ^ e ^ ^ 40 » cert « in'eactent | damaged . the ggj ^ a afcg jr ^ llbayrliav&eiiiooiusaged ^ hy ^ $ r-ttiop lie < < j £ |» 0 gjDu ^ dbutte t bted ^ -a oaraaite ^ stem oi ^ e « taiin 4 ii&g ^^ tfa «^ diB e « ded pacfc : Wbat >; MvJXfcmimtebma * &uemM& i * cUiefi ^* he » e ^ d * fee tsf andvabnse * iio th « « onatitution iteelf . The appointby the

      atentx » f JfatijiflMrt fa ^ foi » gye <* 6 i ^ tected whole body of electors m 4 % » igg | iiH ^ gito lO 0 fti ^ TOp ^ asiir tati > w ch > or tfag ^ Seiutton » , fone-third ef the Federal Senate-to IIB ^ ift ^ ew ^^ House of Representatives . foe t ^ Jppe ^^ gradoal chan *^ from - certain ; < gMtiii ! Hieta e ^ jy ^ dayf . we ^^ tot iMiy ^ j ^ l w i&w to ^»» fo tg ^ ti » ^ eot » ra 4 i ik th « ir © nitadfatate « i . . These thin «/ are very . cursorily de- ; * ev $ fc ^ opM upifttto pta ^ jiiw oC ti » Ben tbey were the . principja ,: iiF ,

      The appeal which Mr . Trenaenheere has invited to the constitution of the United States , revives our attention to certain fundamental principles which the founders of that constitution are careful to keep in living actWity . The constitution established by the leaders of tto Union was followed by the adoption of constitutions in the several States , which have been from time to time amended . The whole number of Federal and State statutes may be found in a volume published by Messrs . Hogan and Thompson , of Philadelphia ; and it is interesting to observe that , besides' declaring the inborn , and natural equality of rights , —an abstract expiression to which

      Mr . Ireinenheere logically : objects— they also constantly restore , as their own safeguards , the rights acquired by the English people ia this countrythe right to speak and publish' sentiments freely without restraining laws ; the right of bail or trial by jury ; of representation for every freeman—in . short , the best of the rights secured to the English people by Magna Charta and the Bill of Rights . But there are two rights which , these constitutions uniformly , either by express enactment or by implication , constantly repeats . We open by hazard upon the constitution of Jdaiae , and find it written— _

      " That people have a right , at all times , in an orderl y and peacefully manner , to assemble and consult upon the common good , to give instructions to their representatives , and to request of either department of the government , by petition or remonstrance , redress of their wrongs and grievances . " Every citizen has a right to Jceep and bear arras for the « ommon defence ; and his right shall never be questioned . No standing army shall be kept up in timextf peace , without the consent of the legislature r and the miiitscjc shall , in all cases , and at ail times , be in Strict subordination to the civil power . "

      vThe constitution of the United States , after it left the hands of its first Authors , has been subject to amendment dictated by experience . And it is remarkable that these amendments not only accord ' with the State enactments for the same purpose , but re-assert and restore the old rights claimed by the Eng li sh people : free exercise of conscience , freedom of speech , and of ^ pwm ^ tBfal ^ 'by juryi prohibition of excessive bail , and the right of petitUHs ^ brTedieMiQ ^ grievances * are amongst tbose solenuoily vecturded m ttoaineadnieiits'e ^ h ^ But there aTOWos right 8 ^ withoitt idncnrtheBe others are nothingmore than the practice otf wtrtan& or a traditional pretence without reality . The two rights , in the wx > rds of the a W ^ me » i 4 ftitltft jeon ^ ihitioa ^ ate these - —" the nghtof tlie people ipe&cekb ^ p ? tO ' 'assembl ^ ' and not to be prevented from meeting a * tbeyrhafre been at ^ ttx ^ port and I * reston ; and the most important rigtit of toll , thusexpres 3 ed in the second article of the amendment :

      . " A well-regulated militia being necessary to the'security of a free . stata , ^ e-right the people to keep and bear arms sbalUnot be infringed . " As the state constitutions repeatedly affirm , the milHflry mustfbe kept in subordination to the civil : powers But we know of no instance in history or jthe world where a strong power is subordinate ta a weak , power ; and when la . people has consented ^ to-be ' 'disarmed , it renders itself subordinate to the mditary power , and surrenders thebohb- means < ^ preserving the right of assemblage , the right of ifcee speexjuv of representation , of voting taxes , '" or anything else . When the English people permitted itself to be disarmed in the calms of peace , and relied upon parchment as the guarantees of rights

      fwhich their forefathers took , and hepU only by strength of will and hand , [ they ceased really to be a-free or self-governing people , and placed themselves at the mercy of military authority . It is tbe good luck of the English 'people , that the governing classes are upon the whole prudent , considerate persons ; that the officers are limited in their ambitions ; that the Crown Hoves aquiet life ; and ttfat a complicated system prevents any inutviiiual ifrom attempting a coup dVtat .. But the best guarantee which th £ Eng li sh people at present can boast , is the force of routine . The Americans ,-who ^ retain by their own strength and will , " the right to have and to bear iarma , " holdrin 4 heir own hands the only universal sufirage , the only true jguarantee of freedom and-self-government .

      jK * ^ « ole ^ x »«^« rf the system * - He faila , indeed ,, to show that the ! * Vtyrant : ntt ^ i ^ , " 7 irb «^ the : < JMffaaffi ^ 4 l ^ tt »» ^ « M ^ :. > IiriiiM ^>> iiiMllt ' ififiB > r - - n BMJg infTiftlinfTl l | i "^ Bi * grtT > A . iBtk ; f * Zl *; + x Hiii * m * . '&n ± A ^^ p ^^^^^^^^^^ p ^ m ^ p ^^ j ^ jt ^^^^^^^^^ pm ^^^ wiww ^^^ p ^^^^ w ^^ i ^^ ww ^^^^^^^* ^^^^^^^^^^ jt ^^^^ j ^^^^^^^ r ^^^^^^^^^^^^^^^^^^^^^^^^^^ pw ^^ r ^^^^^^^^ ^^^^^^^ T ^^^ ' ^^^ jJ ^ y ^^ p ** 7 ^^^^^^^^^ * ^^ w ^^^^^^^* , ^ r ^^^ " ^*^^^^^^^^^ w « ^^^^^^^^^^^^ P 1 < lj ^ | | Mi j | | ii ^ toj OQBP ^^ iol % B ^« 5 § TO |^ Mid ^ fto ^^^ 4 iua ^ p ^ ilMxtf = % j ^^ afflfira ^ or thej jmeiw ^^ iegwl ^ &hm ^ mmmm * , & i ^^^* n d- « ioi ^ > o ^ ar in . the worlds ; , " , . UiiiiiiiiiMJiii 'iliaii Hi * 'iifiimm rhtinnr-rirfflnTiivi nf ifTinrn ^^ TTiTrii Tt Irimnni twit fn

      matiwui Ho d « fflrih <> n / itW t ^ &&mmipa ^ itoot ^ A «^ again l > e «» e ^ ^ diiiikli itJBK ^ iiitf ii ^ gof |» agtaculBr ^ easure »^ ^ is 4 s >« profiMao < miexACtl y re ^ iWniliiiig'PtnFoiWK election-agent claaa . Nor do «» the working , of thb profession zwi ^ 4 »« ct tbey « videiice of Ife Tremeahe «? e « r the Meruld . A « ommUt «« tif tto flouteiof I ^ wr ^^ with fiM Bsd ^ i 9 ipriMtatuaa « i » i ^ officer of the TJnitdd ^ tate * who should cor-«^ y ¦«* m <^ p » ose « u Wbeii ^^ e «* sultr an u ^ M ifg ^ tw Umtod Stot While tl » e

      ^• . ^ rtw to-p ^ Km Uport ; the act was «»« Ut ^ biil i lit ; Hal ^ , ctf Nw Hamw ^^ * in Jam ^ ary lS 53 ,, « ked whether itvWOidd oove ^ vtbe ^ oMe ^ 4 geni 0 ^ w 1 &O' v ^ erd in tfae ^ habituof-exacting ^ " black w ^? ifBcmtymSii ^ navy ; t « iW 6 'l * u « nes » done before the ¦ diipagtincntof'Gopgrew ; and Mr . Hale waa toulithat the bill did 3 iot cover VuMm& ^ mtS ^ The « ilMtUu £ oa' ^ tet ) r « ind ^ « hbi ^ > pw a Angle year , for 4 flaBr « lectionio £ ; judged jib- no - douhtdanjgeroas'in-the tendenoy to substitute Mm ^ getltaiirf' ^« rty ( 'fi >»« eally < indepetide 3 it ^ adj ud io&tor 8 . The unscrupulous lw « ring oflnNoorities ,, which seek to-crush the actiouand opinion of minori-Itte

      nm i namjuounxr neiuent ^ or political ^ » yeteni m -the United States . JJut frliii&we' ajd ^ frbat > c <» Btry is wiihoutv ittf abusest let u * also-point to the fact tUat'tfavMiJioited'States have hitherto furnished . the ^ inbora power which < lorreot «' itbcairi unhealthy tendencies ; The JKepviblic has never failed to supply , pudgesr oft the . Supreme Court who are uonstantly restoring the « tiu ^ arasroti < tlC 6 ^ constitution , has- amended- that * disposition to repudiate deht > 7 # hidlt < t « pp « ure « r 4 xi the early atepa after the w % ir and -more recently in Beniuy ]* anw < aiuHU imitators . ; and . hns secured the payment of those liabilitMN ^ wen ? M 3 li ] le ^ 4 ebtrof the war was honourably settled , by the over-ruling imluence of » i ) ub 2 ib doinion . of

      ittt ith » v h » tnrio » l ^ poiriion bis survey , our author still keeps mainly to « uch incidents as fall in with his own view ; and hence he it led into posi-4 aTe ;« noau' fie / iac « n ) Bious > to represent that the framers of the American 4 iknntittttiott < ne > ver 'designed toi establish a dem © oracy and he builds his argument « tttbjlt ; alsertjon t .. which u undoubtedly correct ; and no Amecican will idbny his assertion * But , on the other hand , the fathers of the American Constitution did establish a Republic on rational grounds , and although thehrohildren have advanced beyond them , they have not stretched the constitution < beyond its capacity , nor set aside the RepulUc for a

      Demo-< rraoy , as too many Englishmen seem to think they have , Mr . Tremenheere being of the number . At page 23 he says : — " Jcffbrson ' s theory that the American colonists brought with them the ' rights of men of ' expatriated men , ' is false , and has no foundation in reason or history . And to prove thut the Congress of 1774 did not hold Jefferson ' s views , ho quotes from their Declaration of Bight * , a passage which he carves to suit his use . 1 he assertion can bo rebutted from the same authority , that of the Congress of 1774 . In thoir addreas to tho ooloniats of Qoebeo , tli ay say tnat , 'to lire by tho will of one man , or set of men , Is the production of tpiaery to aUmen : ' and ia another part of the same papor ,. they omphatically declare that 1 every man who is supposed to bo a free agent , ought to b-e concerned in his own government . This was uttered nearly two yearB before the passage of the Declaration or Independence , ana at a time when the colonists were doing thoir best to bring about such n reconciliation'with tho Homo Government as would en » uro t « them tho just administration of the EnolMk law . "

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      TALFOURD'S LAST VACATION RAMBLE . Supplement to " Vocation Rantbles ? ' consisting of Recollections of a Tow through France to Italy , and Homeward by Switzerland , in the Vacation 9 / 1846 . By T . N . Talfourd . Edward Moxon . It is needless to recomnwndthis supplementary " Vacation Ramble" of tho late lamented Judge Talfourd to any who have read—and there are probably fetv who have not read—the volumes that were its predecessors . It will be received with double interest at the present time , when , the hand that traced these pleasant and vivid records of foreign scenes has been so recently stilled for ever . Indeed-it is very touching to read the last words of this preface , in which , alluding to the hurried tours which formerly had been all permitted by the short vacations of an arduous professional liie , the

      author expresses his satisfaction at being finally in " a position which is invested with no sharper anxieties than those which attend the endeavour to discharge its duties . " In reading these sentences , probabl y the last literary production of Judge Talfourd ' s life , dated in the year of which a few months only have yet expired , we experience feelings similar to those with which he lias recorded his own meeting with the tremulous autograph of Sir W . Follett , in the travellers' book at Naples , written during his last fruitless journey in quest of health , and there read by his friend after the blow then impending had fallen . The tour of which these pages are the journal was undertaken in 1846 . Tt was a very hurried one ,. its principal object being Rome , with glinaftses of

      Genoa , Naples , some of the northern towns of Italy , Chamouni , and four days at Pans . The ground , it will bo perceivod , is well trodden ; but the charm of keen enjoyment , accurate observation , and a style justly celebrated among our modern writers for ease and elegance , give a freshness to wellknown scenes . Our interest is increased by the fact that this visit to Home was the author ' s first and onl y one : we "feel naturally curious to know the impression produced by the imperial city upon a mind so deepl y imbued with the classic spirit , and so capable of appreciating the beautiful and tho sublime . We are at first surprised to find that that impression was one of disappointment ; but on stud y ing the Judge ' s account of his feelings , recorded with that fraakneaa and simplicity which leads the "book so great a-

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      began L 4 m > TfiHfEi , £ ABEE [ Saturdajt

  • Citation
    • Leader (1850-1860), May 6, 1854, page 426, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2037/page/18/