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incurring an expense ruinous to any upon a brother barrister, when enin man of moderate fortune, he is honore gaged in a nice law argument, “ that
ably acquitted by the Jury, but he is it put him in mind of a fellow attemptdismissed from the commission of the ing to open an oyster with a rolling-pin," peace, and certainly it would be diffi- This honorable member, I say, is not cult to say npon what grounds. It is content with inflicting the “rigidi centrue, Lord Plunket stated in the House sura cachini," a huge Caledonian grin e of Lords that he exceeded the limits of upon the Irish judge's mistake of the 1 bis authority, and unquestionably the English language, but actually express opinion of a great constitutional lawyer ses loud astonishment that he was not
(one too, who had made so powerful a impeached. But let us consider the case defence for the Manchester magistrates of Baron Smith. There certainly is - a when they called out the yeomanry, and no one instance that could be adduced
cut down the mob who, by the way, which points out in stronger colours the
had proceeded no farther than words,) character of the present outrages, and r is entitled to great respect, but surely of the persons who commit and justify so if there be a case when the principle them. Perhaps it would be difficult to
of inter arma leges silent,” should be select, amidst the great mass and vari** admitted, it is in such a case as has just ety of talents and attainments which at
been stated, one in which a moment's present distinguish the Irish bench a us delay, for the purpose of solving a legal more highly gifted individual. When
crus, might have led to the massacre of in the discharge of his judicial duties,
the whole party as upon other occa- he sets himself to deliver any exposi» sions. Besides, a man of plain, com- tion of a great legal principle, to cor: mon sense might ask, What are the rect any unsound view which interested a yeomanry for? Is it for ornament ? cunning may have advanced or brutal 31 The tattered jackets and rusty accou- ignorance swallowed ; we are present
trements of the poor fellows refute suched with something, to which the leczu an hypothesis as this. It is to be pre tures of a Blackstone or the judgments
sumed then, it is for some use. They of a Scott may have produced an equal
were called out originally, and“ did but certainly not a superior. We feel ex the state some service” in the hour of atonce, that we are listening to the opini» rebellion. Now, what is rebellion, if ons of a refined metaphysician, whose
not an armed insurrection against lawful acuteness is however always under the authority, and really it would be diffi- controul of common sense; to agreat concult to discover any case to which the stitutional lawyer, whose mind, though term could be more fairly applied. familiarized to an habitual respect for
Let us in the last place examine whe- all the formal dicta which precedents ther the insults and violence offered to have established, is yet capable of asthe highest judicial authorities in Eng- cending to what Bacon so justly calls land at the period I have mentioned; the “leges legum," the great, transcenadmit of any parallel in the present dental and eternal principles of natural time. An Act of Parliament (the Re- equity ; the indications that our Creaform) is passed, and, I believe it is tor has given to us," that we are a law generally admitted, that notwithstand- in ourselves," the zosvai suvoices which ing all the advances we have lately seem innate in every wise and virtuous made in English style: we should go and religious mind; the great moral back to the days of the Edwards and axioms from which no interpretation of Henrys to find any one Act that has mere human enactments should ever been so prolific of doubts and disputa- dissent; particularly when such intertions. One of our judges, a man of pretation carries along with it as its runthe highest legal information, experi- ning commentary, outrage and robbery ence and integrity, delivers his opinion and murder. In fact if there be a man upon one of its clauses. What is the on the bench capable of discovering consequence? I pass over the polish- and explaining what may be called the
ed invectives of the gentlemen of the physiology of the whole system of law; Se non press, An honorable member of the the working and uses of that apparentHouse , a gentleman, who though well ly complex and cumbersome structure,
as to details, yet when he at- of shewing that however there may aptempts to reason upon a general prin- pear to be occasional contradictions ciple, reminds one of °Curran's hit between what “time honoured” wisVol 1.
dom has bequeathed, and modern sci- better, such a man as I have desence has added; yet is there one uni- cribed might have been allowed to deform pervading spirit, a spirit transmit- liver his opinion upon the correctness ted from age to age, whose continuous of a practical principle which had been identity from the days of our Alfreds boldly put forward as the law of the and Edwards down to the present, can land, and as boldly acted on. This be traced by every honest and reflect- principle was the far-famed one of ing mind, a spirit too, of which (to use passive resistance," one, which (tho' his own admirable expression) “the let. announced with all the pomp of an ter is but the trustee, and too often the original discovery) appeared to vulgar dishonest one.” If, I say, there be eyes to be nothing more nor less than such a man, that man is Baron Smith. a revival in a compendious form of the
But besides the claims to public res- moral maxim set forth in Rob Roy's pect which such high powers constitute song “ Those may take that have the there other points in his character suffi- power, and those may keep who can." cient (one would have thought) to The great propounder of this principle screen him from mob violence. The however, had in his evidence before first is, that in his political sentiments parliament, stated it as a just and logihe has been always a decided liberal; cal deduction from admitted premises. a warm advocate of what will go down He certainly admitted that it required to posterity as the most felicitous in- some“ metaphysical aida. , to apprestance of Hibernian catachresis, viz. hend its full force, but that its truth was the HEALING measure. The next is, as undoubted as any proposition ever that if there be a defect in his judicial put forward by “the irrefragable Doccharacter, it is what some consider a tor," or " the Master of Sentences." reprehensible lenity in criminal cases. Now this was a subject exactly for And indeed I believe it must be ad- Baron Smith. The happy antithetical mitted that there is some truth in the condensation of the expression seemed charge, that perhaps the “quality of to strike his fancy. It was probably mercy” has been sometimes "strained" (if not a version) a brilliant flash sug. in his character, and that (to borrow gested to some Maynooth Classic by the rhetorical and classical allusion of Horace's “strenua inertia." The Baron Parr) if a Bwpos Edsoũ stood in the ves however could not fail to discover, that tibule of the Judgment Hall as in that in all such figures of speech (which are of the Areopagus; he certainly need I believe, called by rhetoricians, ory not wince as he approached the hal- morons, there is generally some equililowed spot. Now, one would have brium observed between the two parts thought that amongst the members of a which make up the compound and upon church which draws so wide a distince the nice counterpoise of which the tion between mortal and venial sins, beauty and felicity of the expression and which also allows of such a com- depend. But he saw that in the present fortable set-off of merits against offen- instance the resistance part quite ran ces, that the Baron's previous political away with the passive; and that whilst sentiments and lenity of character might every person concerned in enforcing have pleaded in extenuation of any the law was robbed or murdered, all little slip by which he had offended the those who were concerned in the pas. majesty of the Brehon law, and roused sive part actually suffered nothing, He the anger of its Druidical dispensers. accordingly took the first opportunity Again, it might have been supposed when he went on circuit, of exposing that amongst “ a nation of people, than the wickedness and absurdity of this whom under the sun there is none that principle; and if there was a feeling doth love equal and indifferent justice excited in court by his masterly espo
• Metaphysical aid." - The expression is a remarkable one. If I mistake not, it is used by the wife of the Scottish Thane, when stimulating him on to the golden round” of his ambition. But (as well as I recollect) she did not rely upon this merely, but called in murder to her assistance, Probably the « boys" finding the Doctor's metaphysics a little too crabbed, and determined io take as short a cut as they could, borrowed the hint from her ladyship.
sore, except that of mingled abhor- man, even when his hand was full of rence and contempt for its author, it truths, would often content himself with was a regret that such a man should be opening his little finger," and after called from the higher duties of his what we have seen, we most humbly solemn office, to brand such insolent implore his Right Reverence, if he has and elaborate dishonesty; that he whose "many such truths in his possession, to opening charge was generally the finest keep his fist as tightly closed as possi* Lay Sermon,"—that he who should ble. But to return to the “ passive have been employed in instructing all resistance" lads--they were all indigdescriptions of persons, from the Grand nation upon hearing of this controJuror down to the humblest peasant versy between the judge and the bishop in their respective duties ; in setting that the favourite article of their before them the wholesome provisions creed should be so attacked—that any of our admirable laws for the suppres- man (be his rank or station what it sion of crime-in showing them in the might) should be indifferent to the force words of old Hooker)," that of law it and the beauty of the prayer so fer
must be acknowledged that her seat is vently breathed over them ; viz., “that 5. the bosom of God; and her voice the their hatred of paying their just debts
harmony of the world;" that he, I say, might be as lasting as their love of should be employed in removing such justice” appeared to them to be an ofrabbish from the avenues of justice, or fence that blood alone could expiate. in exposing certain moral positions, Accordingly, in the midst of a county which, though they might have done boasting, in proportion to its extent, of very well in a dialogue between such as large a portion of resident gentry as pleasant fellows as Mat o'the Mint and any in Ireland ; an armed band ot rufBob Booty, never could have been fians, without any disguise upon them seriously entertained for one moment by (except what whiskey might have proany person of common honesty or duced) breaks into the judge's demesne. Christian principle.
Fortunately he was not at home ; as," A rejoinder of course appeared from though a man of high spirit, his frame the same grave and learned authority was not exactly of that gigantic mould by whom the principle had been first that could outlive the rude concussion advanced; and what was the conse of a Whiteboy. They tear up his quence ? -we will not say effect; as plantations, -assail his house,--smash philosophers are yet undecided as to doors, windows, &c., and commit every
the true nature of the connexion be- species of atrocious outrage, and finish => tween cause and effect. It may be by giving him regular notice to quit.
worth attending to, particularly by some That interesting personage whose meof our neighbours at the other side of tits and sufferings have been held up the channel, who shudder at the intro- to such sympathy and admiration by å duction of any measures into Ireland, popular poet, leaves word for him, inconsistent with the free spirit of the « that they had no business with him British constitution. It may be worth and his law," and that he and his friends the attention also of the Right Reve- were determined to revive the proud rend Divine himself, by whom this dis- boast of their ancestors, viz., “that law covery in Ethics was made. It may never came to the west of the Barprove to him the truth of a position row" which indeed, I wonder how any luminary of the Romish Church (as he um
Through Ulster, Leinster, and through doubtedly is) can be ignorant of, viz., Rock's the boy to make the fun stir that too much knowledge is not always to be imparted to the laity; that Such is, I believe it will be admit
a principle may be true and ted, a very obvious parallel, between even useful in the schools where there the state of England in 1819, and that are none but the educated and the of Ireland at present. I trust we may metaphysical” to receive it, yet, as the be able before long to carry it further, meteoric iron is not found to answer in and to add, that the same wisdom and the smith's forge, so that same principle energy which were exerted, and sucmay be totally useless, if not danger- cessfully exerted, to save the former ous in the hands of the vulgar. It was country in her hour of need,” have a maxim of Fontenelle's " that a wise been as effectively used in behalf of
the latter. Enough, in all conscience, traordinary powers now granted to the has been already yielded to the cry of government will be vigorously exertet rancorous bigotry. It remains to be for the purpose of crushing the mos seen whether the proposed mutilation appalling system of oppression unda of the Church Establishment will work which any nation of the earth has sur all the good expected, but whatever fered. may be the effec of that measure it is
Y. N. to be hoped at all events, that the ex
ON GERMAN SCHOOLS AND UNIVERSITIES. *
BY HERR ZANDER, PROFESSOR OF GERMAN LITERATURE.
Of all modern countries there is per. the case is different. This was a field haps, none, that with regard to either where the pettiest prince could success classical literature and science, or to fully enter the lists even with the general diffusion of knowledge, is more mightiest, and such an honourable entitled to universal attention than Ger- emulation, could not but produce the many.-Without wishing to detract any- most favourable results. Thus we see thing from the merits of the eminent at present no less than twenty-two rival scholars of Great Britain and Ireland, Universities in the different kingdoms it must be admitted, that they cannot and principalities of that country, and sustain a comparison with the Germans, Prussia alone can boast of sir. The neither with regard to number, nor plan upon which those establishments with respect to the collective mass of are founded, differs entirely from that solid and valuable productions. The usually pursued in Great Britain and different Latin and Greek Grammars, Jreland. Classics and Science are translated from the German, and the completely separated in Germany; the numerous German editions of Roman former are studied in Schools or College and Greek Classics, daily used in these es, the latter form the exclusive province countries, would, even without any re- of the Universities into which no stuference to scientific works, furnish dent is admitted, unless he have preample proofs for our assertion. The viously completed his education in the reason of this literary activity may be “humaniora,” as they are termed. The found not only in the great assiduity comparatively few classical Lectures at and perseverance which form part of the Universities are intended merely the German character, but more par- for the more profound critics, and freticularly in the great number of learn- quented only by those students who ed institutions which that country pos- wish to devote themselves more espesesses.
cially to philology, in order to obtain In the year 1348, the Emperor Charles afterwards a professorship in some ColIV.founded at Prague, the first German lege, or a chair in one of the UniversiUniversity, after the model of that of ties. Paris. This example was soon imita To enable our readers the better to ted by different German Princes, and form a correct view of the merits or even before the end of the fourteenth demerits of all the different establishcentury, similar establishments arose at ments, we shall begin with the Schools. Vienna, (1361), Heidelberg, (1386), Co These may, according to their funclogne, (1386); and Erfurt, (1392); and tions, be divided into two classes, Eleshortly after also at Würzburg, Leipzig, mentary or Grammar Schools, and Latin Ingolstadt and Rostock. The division Schools, † as they are termed. The into many small states had always been former, usually finish the education of injurious to the political strength of boys intended for business, and at the Germany, but with regard to science, same time serve as preparatory estab
"Some accounts of German Schools and Universities have lately appeared in the Journal of Education, published by the Society for the diffusion of Useful Knowledge, but they contain so many partial and erroneous statements
, that we strongly suspect these Publishers of useful Knowledge are less wanting in presumption than
+ They are called Gymnasia, Lycea, Athenaea, Princes' schools, Pædagogia, &c. but for convenience sake we shall always style t hem Latin Schools, which is the old and more general term.