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mocracy being more constitutionally ba. lanced than the Athenian, a discretionary power was allowed to the prætor's court to adapt decisions to the equity of the case. These decisions, recorded, obtained authority as precedents, for future decision in similar cases; and thus that court seems to have furnished the springhead of systematic equity, as distinguish ed from law, in our own country, and throughout modern Europe. Such dis. tinction in the legal system is found necessary under all governments, for correction, as our Blackstone expresses it after Grotius, of that wherein the law, by reason of its universality is deficient.' But in our constitution alone has the advantage grown of a separation of the two powers; limiting the courts of law to decision by the letter, and committing the power of relief, where equity may require it, to courts appropriated to the purpose. These, our learned judge proceeds to say, ⚫ have been established for the benefit of the subject; to detect latent frauds, which the process of the courts of law is not adapted to reach; to inforce the exe

cution of such matters of trust as are binding in conscience, tho not cognizable in a court of law; to deliver from dan gers owing to misfortune or oversight;

and to give a more specific relief, and more adapted to the circumstances of the case, than can always be obtained by the generality of the rules of the positive or common law. This is the business of the courts of equity; which however are only conversant in matters of property.

For the freedom of our constitution will not permit that, in criminal cases, a power should be lodged in any judge

to construe the law otherwise than according to the letter. This caution, while it admirably protects the public liberty, can never bear hard upon individuals: a man cannot suffer more punish ment than the law assigns; but he may suffer less; the law cannot be strained, by partiality, to inflict a penalty beyond what the letter will warrant; but in cases where the letter induces any apparent hardship, the crown has the power to pardon.'

"This excellence of legal system, not found among the republics of Greece, nor in Rome, nor in modern Europe beyond our own country, will hardly be looked for in Macedonia. There nevertheless the criminal law assured a large degree of freedom for the subject. The popular power, indeed, under that law, appears to have been most rudely exercised, yet perhaps not more so than in many or perhaps most of the Grecian republics; and the course of proceeding resembled very nearly what we find related, on

highest authority, of the Jews; who seem also, conformably to Aristotle's system, to have been without a legislative power, limited to the Mosaic law. In Macedonia, the king, as of old, still executed the office of chief justice of his kingdom, if the authority of the later antient writers should be admitted, who, in consonance with Homer, have reckoned this not the privilege more than the duty of kings. Thus, like the judges of many Grecian republics, and those proposed by Aristotle for his own imaginary state, the kings of Macedonia would have a hazardous extent of power. But that they had alone authority to make laws binding on their people, any more than the king's of Homer's age, no-where appears.

Mr Mitford then enters into a minute inquiry concerning the constitution of these Macedonian assembliesbut on this head it must be admitted that, in a great measure, (to use a favourite phrase of his) "information fails." It appears, however, pretty evident, that the great extent of the Macedonian territory, and the discordant nature of the elements of which much of its power was composed, rendered it impossible to have any one assembly representative of the wisdom of the whole Macedonian people. It is more likely-nay, it seems quite certainthat all their assemblies were provincial ones, like the parliaments of modern France (in their origin,) or the courts of the Lords Marchers, and other royal deputies in England, Germany, and Spain-the provincial Tayos of the Macedonians corresponding to the minor Baoλsus of Homer. likeness between the whole constitution of the Macedonian monarchy and that of some of the feudal states is indeed very wonderful-and it had never been shewn in its proper light till the subject fell into the hands of

Mr Mitford.

The

"The assurance that the Macedonians all held arms, that the popular institutions promoted a military spirit, and in peace incouraged the chase, as advantageous preparation for the toils of service in war, institutions marked as resting on the customary law of the land, and not depending on the pleasure or imme. diate needs of the monarch, implies the farther assurance that the landholders held civil rights, inabling them to assert a dignified freedom; and that these civil rights extended throughout the provinces of the Macedonian kingdom, is indicated by what presently we shall have occasion

to observe. It seems thus altogether probable that each province and each city made regulations for itself, under some superintending controll of the king's acknowledged prerogative. Looking backward then to Homer, and forward to Alexander's history, it seems farther probable that, if laws were made for the whole nation, it was, as formerly in modern Europe, by the nation assembled in arms; its defenders being considered as its representatives. Nor is an instance of this wanting; recorded in deed only by a writer not always to be trusted, yet carrying marks of just authority. Alexander, in the midst of his conquests, having in hunting exposed himself to great danger in contest with a lion, the Macedonians of his army, according to national custom, the historian says, taking the matter into consideration, decreed That the king should not hunt afoot, nor without attendants of a quality to be answerable for his safety.'

A constitution capable of assuring freedom to a people, with good government and means for defence (both indispensable toward maintainance of freedom) is of necessity a very complex machine; insomuch that how it may best be constructed has been a question for many ages, not yet decided. Hence it may be the less matter for wonder, if, in looking to the construction of constitutions found, in practice and effect, most providing those benefits, parts of great importance have escaped the observation of very acute inquirers; so far at least as to have failed of due estimation. But especially those most familiar with things are apt to undervalue them. Thus it remained for the foreiner Delolme to show the just importance of some matters in the English constitution, overlooked by the many able English writers who had previously written on it. Still, such is the complexity of a free government, very important points remained for circumstances to bring forward into just notice. The French minister of state Calonne, whom civil discord forced to seek refuge in a forein land, was led, in his residence in England, to remark the amalgama tion of ranks here as a singularity among European nations, and of a most advantageous character; producing a community of interest among the millions composing the population, whence resulted a harmony, a mutual security, and a national strength, unseen elsewhere. Nevertheless, tho intimately connected with this, another matter, of vital importance,

remained for another foreiner duly to remark. Local administration in the hands of the people, in divisions and subdivi sions, is necessary for the very founda. tion of freedom in an extensive country.

Among ourselves, to whom this is familiar, its peculiarity is apt to escape observation: the supposition that it is, or may be, ordinary elsewhere, readily offers itself. But, to the acute forein observer Divernois, the peculiarity has been striking. Many thousand important offices, very far the greater part of these neces sary for local administration, he has observed, are in constant course of performance without salary; and, these being for all ranks, from the peer, through the high sheriff and the juryman, down to the tithingman, and in large proportion taken in rotation, some hundreds of thousands of men thus, each in his degree, partake in the energies of government. Such is the broad basis on which the English constitution rests, and on which legislation by parliament (too generally considered, even at home, but still more by foreiners, as all and all) depends for assurance of its value, and even of its existence. Promotion then being denied to none, but, on the contrary, the ascent easy and ordinary from the condition of the workman for daily pay to that which qualifies for bearing the burthen of tithing and parish offices, and thence to higher, and by degrees to the highest, the English government thus is the completest commonwealth (its ordinary title in queen Elizabeth's days) known in history.

"In the Athenian, and probably other Grecian republics, attendance on civil business was required, of the lower people, only in the general assembly, and in the courts of justice; and for attendance there a small pay was given. For the higher public offices no pay was allowed; they were imposed as honourable, but often severe, burthens on the wealthy. It was therefore esteemed a valuable reward, for eminent services, to receive a grant of immunity from such burthens. The mention then, by Arrian, of such immunity granted to Macedonians concurs with various other indications to imply that the provincial administration in Macedonia was not, as in the modern kingdoms of the continent, wholly directed by officers of the monarch's nomination; but, as in the Grecian republics formerly, and the English commonwealth now, imposed principally on those subjects who were of substance to bear the burthen of offices without salary, and to be responsible for the due execution of them."

At the risk of being supposed to make by much too free in our extracts, we shall quote at length the fine passage in which Mr Mitford sums up all this part of his subject. But, indeed, the whole of the view he gives

is so rich in application to things nearer home-and is itself so admirable-that, we dare say, no apology is

necessary.

"Altogether the Macedonian constitution appears to have borne a very near resemblance to that of the modern European kingdoms in early times; when the combined civil and military powers were divided among lordships, similar in essence tho various in denomination, dukedoms, marches, earldoms, baronies; all of limited monarchal character; intermingled among which the corporate towns had constitutions truly republican. Lordships and townships together acknowledged the sovereinty of one king especially his right to command their service in arms for common defence. Slavery existed among them, as among the antient republics, but apparently a less numerous and more mitigated slavery. The people, of all ranks, above slavery, in cities and throughout the country, held the important right of judgment on life and death, and of bearing arms for common defence against forein or domestic disturbers of the common peace.

"The perfection of civil polity in our own country, raised, in the course of more than ten centuries, within historical information, on foundation formed in times beyond knowledge, has led some eminent men, viewing the improvements at the Revolution and since, and seeing, as in all human institutions ever must be, imperfections yet remaining, to reckon themselves warranted in asserting that, before the Revolution, there was no true liberty here. Surely enough there can be no perfect liberty here, or anywhere on earth: for wherever there is government, the natural liberties of individuals must be subject to controll. But without government they are subject to far severer controll; the weak being without resource against the strong, and the few against the many. Question therefore about true, or reasonable, or sufficient liberty may be endless. But, compared with most other nations, with necessary exception always for war within the country, or its immediate results, overbearing, for a time, civil establishments, the English nation, it may be fairly said, was always free. Justice is wanting among historians, on that score, even to the Norman reigns. The debt of all posterity to the first of the Plantagenets, the second Henry, is incalculable. With institutions of less value than those of our great Alfred, the Macedonians might be reckoned a free people; yet we know not that their institutions

were inferior. Such improvements as those of our second Henry, and Edward intitled first, not to bring the refinements of the Restoration, the Revolution, and aftertimes, into question, are hardly to be found anywhere else, and therefore not reasonably expected in a country in the circumstances of Macedonia. If then the general deficiency of legislative system in antient governments appear surprising, it may be well to look at those of modern Europe. In France itself, the wiser and honester of the movers of the late revolution there, anxiously exerting their diligence, with ample powers for searching, to find precedent of revered antiquity for the forms of the free constitution which they desired for their country, were unable to discover, not only the manner of passing a law in the old French assembly of the Three Estates, but any law that could with certainty be referred to that authority.Even for our own country, tho its history is perhaps altogether more perfect than that of any other nation, antient or modern, yet many important circumstances remain in much darkness; espe cially in that highly interesting period, the contest for the crown between the houses of York and Lancaster. Even the character of the constitution, under the Plantagenets, has been found to have been not only imperfectly known but greatly misrepresented. The search among the records of the two houses of Parliament, for precedents for the regency, proposed to be established in the year one thousand seven hundred and eighty-eight, has produced most important addition to all previous history, and correction for misrepresentations, to which historians, eminent for diligence and ability, in want of it, had been led; those records demonstrating what none suspected, that in the reigns of the fourth and sixth Henries, the constitution, however less firmly established, was as well understood, and, in critical and difficult circumstances in both reigns, as completely acted upon as it could be at this day.

Toward the character of a monarchy, whence the RoYAL REVENUE arises, and what may be its amount, are important questions. Thucydides shows that, in his time, the kings of Macedonia held very extensive landed property; and we find no other source of royal revenue in timated, till the customs of some seaports were conceded by the Thessalians to Philip. Yet his predecessor Archelaus, to execute all that has been attributed to him, must have been wealthy. Proba bly, among the troubles which followed his reign, the royal domains had been

injured and diminished. Demosthenes, as formerly we have observed, seems to have thought that to impute to a king of Macedonia bribery with gold would be too extravagant to gain belief: but with timber, oxen, horses, sheep, he did not scruple to insinuate that Philip purchased the treasonable assistance of the ministers of his enemies. At a later period of that prince's reign Demosthenes reckoned him rich, not by his land but by his seaports, where duties were taken on importation and exportation. Those duties seem to have been the only taxes known in the Macedonian kingdom. The kings thus were not dependent upon their subjects for a necessary or perhaps an ample revenue in peace.But they had not what would maintain armies, and were therefore dependent upon their subjects for service in arms, whenever their safety or their ambition, or even the good of the country required it. This formed the great security of Macedonian freedom.

"Under such a constitution, however inferior to the British, the Macedonian people, in comparison of others, not excepting any Greek republic of which any information remains, might be happy as well as free; tho, for internal improvement, such a constitution was evidently ill calculated, and, even for exertion against forein enemies, highly defective. Its deficiencies were nearly analogous to those of the French and Spanish monarchies, while yet the kings were unpossessed of despotic power. The Macedonians, under their early princes, we have seen, were conquerors; as with us the Anglosaxons of Wessex. England, becoming under Egbert one kingdom, became only by degrees afterward one state, under one law; the advantageous business begun by the great Alfred, being completed, not till three centuries after, by the second Henry. But in Macedonia such advantageous yet difficult combination failing, the extension of dominion, as formerly in France,

Spain, and Germany, unless under a prince of rare abilities, producing distraction, produced weakness. Hence the opportunities for those contests for the crown, which have furnished matter for the larger portion of Macedonian history till Philip's reign. Through the deficiency of combination in the government, opportunity was continually open for the interference of forein influence. Throughout the reign of Perdiccas son of Alexander, tho a prince of considerable talents, the intrigues of Lacedæmon and Athens, sometimes alternately, sometimes together, troubled the country.Under still abler princes, the important seaport of Pydna was withdrawn from it at least twice; and probably was among those, the best towns of the kingdom, which, at another time, seceded from it to become members of another state.But, except in that remarkable instance, occurring in extraordinary circumstances, the very inconveniencies and defects of the Macedonian government assisted to deny opportunity for any party, not headed by a popular claimant of the crown, to give any great extent to revolutionary intrigue. Generally, if portions of the people might be gained, yet antipathy of portion to portion obviated extensive seduction. But as formerly, France, when neither the king was absolute, nor a good government, with one legislature and one jurisprudence, held the country together, was wounded through a duke of Burgundy, or a town of Rochelle, so Macedonia was assailed through a prince of Argæus, or a town of Pydna."

Leaving this passage to the consideration of our readers, we shall, for the present, break off-intending, if possible, to say something of the wonderful Macedonian himself, and of the admirable manner in which our author has cleared up many of the darkest parts in his eventful story, in an early Number.

PATAGONIA.

We understand that a ship from Liverpool has been employed in trade on the coast of Patagonia; and that some of the crew, and particularly a lieutenant of the royal navy, are returned, who give an account of that country confirmatory of those which we have before received.

The aboriginal inhabitants consist mainly of two distinct tribes. One of

them is stated to be a wandering tribe, of the gigantic size, so often mentioned by voyagers, extending all along the coast from the Plata to the Straits of Magellan. The lieutenant alluded to saw two chiefs or caciques who measured certainly eight feet in height, and he had a youth, fifteen years old, some time with him, who was not less than six feet two inches. The wo

men are said to be in the same proportion; and they are a remarkably well featured, and handsomely proportioned race. They subsist entirely by hunting; and it is supposed that if a central mart were formed, they would supply valuable furs in abundance, especially the guanaco or camelsheep skin, the wool of which might be of importance to our manufacturers for shawls and very fine cloth. The lieutenant brought a specimen to England, which he shewed to a manufacturer, and the latter gave an opinion that it would be worth from 15s. to 16s. a pound. In exchange for these, the natives would gladly accept in barter, spirits, Brazil tobacco, coarse red or blue cloths, large iron spurs, long knives, spears, beads, and other similar articles: they do not use money, and neither this nor the other tribe use fire arms. They were very peaceable with the crew of the English ship; on entering the settlement at Rio Negro they always deposite their arms, and only take them again on quitting it.

The other tribe consists of what are called the Pampas Indians, a small race, of settled habits, who live considerably to the westward of Rio Negro. They are an agricultural and pastoral people, and have also some manufactures: they resort to the coast with cattle, coarse cloths, dried meats, &c. to barter, chiefly for spirits and tobacco. They are represented as being a numerous but inoffensive people, and as their flocks of sheep are in great abundance, it might be an object to procure wool from them; it is said, however, to be of indifferent tex

ture.

The whole of the tracts from the Rio de la Plata to Cape Horn, has been abandoned by the Spaniards, with the exception of Rio Negro, where there are remains of a settlement, from whence the inhabitants are retiring every year. The government of Buenos Ayres have only taken nominal possession of any part of it, and merely stationed a commandant at Rio Negro, without any soldiers. Some black troops had at first been sent, who greatly distressed the inhabitants by exactions, and by the destruction of nearly all their cattle, which, before the revolution, were very abundant, and afforded means of loading many vessels every year with

hides and tallow. Those oppressive exactions caused the emigration before mentioned.

The land about Rio Negro is said to be excellent for corn of a very superior quality; and there are large and well watered tracts, admirably adapted for the rearing of cattle. The bull and cow of Patagonia are about the size of the English; but the ox, at three years old, is half as large again, and grows to an immense size. From these, and from the wild cattle, with which the interior swarms, cured provisions, especially jerked beef, might very easily be exported to the West Indies in any quantity: At the Havannah, jerked beef is in such request, as to bring 14 dollars per quintal of 100 pounds; and the passage would take two or three months. The country abounds also with wild horses, the skins of which might be available.

On the banks of the Rio Negro, there are an abundance of willow-trees, fit for beams and rafters of houses: there is no other timber; but for fuel there are ample supplies of faggot wood; and for the erection of buildings, bricks dried in the sun are used, although there is plenty of stone. The climate is one of the mildest and healthiest in the world.

Along the coast from latitude 37. to 42. south, there are innumerable islands or sand banks, extending to the distance of seven or eight leagues from the main; and within them are found some convenient harbours for ships to lie in, and numerous creeks navigable for boats. The chart published by Faden from the survey of Malespinas, though on a small scale, was found very correct, and indeed the only one to be relied on. During the months of September, October, November, and December, the banks are covered with sea elephants, in such numbers, that from fifteen to twenty sail, of 200 tons each, might annually load with oil, if the fishing were pursued under proper restrictions, such as not to kill any elephant under two years old, nor the females till they have pupped and brought up their young. A pup three or four weeks old, can shift for itself. These animals have been very much destroyed by the Americans, who kill pups producing only four or five gallons of oil, whilst if they were left to the age of two or three years, they would pro

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