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quired beyond a moderate courage and a can benefit the public only when it is seen reasonable patience, and their course operating, and which can operate to ado might be rendered perfectly smooth, if vantage only through the press. Freeprofessional men, throwing away the fear dom implies every right, and every comof criticism, would make only half the fort, even, which the weak pride them. exertions for society at large which they selves on enjoying, independently of all often do gratuitously for individuals. In political consideration : but freedom can. the meantime, it is not immaterial that not exist long in a country where the the public should have something to work people are indifferent about their rights ; upon. Every thing has a beginning; and and hence the value of free, and fair, and if what has been done in these Essays constant discussion. In proportion to the shall operate as an example, and stimulate value of the right, no doubt, ought it to others to take the field, the author will be exercised with temperance and discrenot feel disappointed if they shall ulti- tion. But still the want of these virtues mately occupy it.
is not Sedition. A writer may be indis.
creet, while he, in good faith, means noThe first Essay is, on “ Requisites thing more than to rouse the public inin a Judge, and Importance of his dignation against something done, or Judicial Functions the second is, which he apprehends is about to be on the “ Right of Publishing Pro- done, hostile to the Constitation. He ceelings in our Courts of Law;" may be intemperate, while he intends to the third is, on the “ Powers and excite hatred, not against the ConstituDuties of the Lord Advocate of tion, but against its enemies. Scotland ;” and the fourth, “ On Sedition." The last two contain of the Press.”
The next Essay is on the “Liberty matter of great importance, which is brought out in an excellent spirit. The Liberty of the Press embraces all The powers of the Lord Advocate other liberty, civil and religious. Withappear to be almost boundless. out it, no people or government can be
free. But liberty, we are well aware, is Our stamp laws reach so many trans not licentiousness ; nor will a liberty of actions, and our laws which relate to doing all which is lawful justify any one excise and customs reach so many in- in doing any thing that is criminal. dividuals, that there is hardly a person in There can be no such rights as those our business of any kind, who, from one or ancestors fought for, bled for, and died other innocent mistake or inadvertencyfor, if the people cannot talk about the is not obnoxious to a prosecution ! Un subject of them, write about them, and, der the excise laws, in particular, which in short, exercise the Liberty of the Press affect such a large portion of our popula- respecting them. When the law gives tion, it is, we might say, impossible to be rights, it gives also the means of exerotherwise than at the mercy of the Crown cising them; nay, it gives more; it gives, cfficers; such are the multiplicity of moreover, the presumption of innocence statutes, all referring to each other, and in the exercise. It is not to be presuthe complexity of statutory regulations. med that any man has a criminal intent Yet, in all cases, it rests with the Lord in availing himself of a Constitutional Advocate to prosecute, compromise, or privilege. When another motive is asacquit, at his discretion ! He may relin serted, it is incumbent on him who makes quish a case which, for the sake of trade the averment to prove it by unequivocal and morals, ought to be prosecuted ; or evidence. If room be left for a rational be may prosecute cases, one after another, doubt, the accused is entitled to a verdict to the ruin of a party,-cases wbich, to in his favour. stir in, is derogatory to the Crown, and So much for the right. Let us come disgraceful to its officers. However un now to the measure of it ; and that, we founded, ruinous, or oppressive, these pro. conceive, is just as clear as the right itsecutions may be, the unfortunate party self. Whatever can be made the subject must bear the expense of procuring his of petition or complaint to the King or own acquittal, for the Crown is never sub the Legislature, or of debate within the jected to costs."
walls of Parliament, may be made the From the Essay on Sedition, we
subject of consideration and discussion select the following passages :
out of Parliament. To that extent, we
think, the liberty of the press is estabThe British Constitution not only re lished ; and we cannot conceive of its cognises, but cherishes a spirit of watch existing to any less extent, if it exist at fulness and jealousy of the executive de- all. Every subject in the empire is bound partments of Government ; a spirit which to know the laws; he is amenable to
them in property, person, and character. vernment; but no policy can be more Commensurate with this duty and re false or more dangerous ;—while it leaves sponsibility, is the right of every subject us our rights in name, it does them all to consider and discuss every law, or away in substance, and renders them, for abuse of a law, by which he may consider the time during which such a policy prehimself aggrieved, as well as every pro- vails, as truly arbitrary and despotic as ject of a new law, which promises to be. King James VII. nefit, or threatens to injure him and his country. He is bound, also, to know the
The remaining Essays are on the decisions of the Supreme Judges of the following subjects :-Sketch of the land—for a series of decisions become Principles of Government; Law law; and this obligation is likewise ac. Taxes, and their Injustice and Banecompanied with a commensurate right of ful Operation ; Riot Act; Prejudging knowing, de facto, what is done in our Courts, and of considering and discussing
of Public Questions; New Doctrines what takes place there.
But all these respecting Interferences with Judirights imply an obligation to acquiescence cial Proceedings ; Powers and Proand obedience ; and, therefore, they must ceedings of Inferior Judges, consinever be exercised with a design to excite
dered Historically, as well as resistance ; the presumption, as we said Principle, embracing, illustratively, before, being always in favour of inno a view of the Powers and Practice of
Yet, with the limitation just the Court of Session; The same mentioned, we know of no bounds in Subject continued ; Sketch of the public matters to the Liberty of the Press, History and Privileges of the Law and that liberty is one which has not Corporations connected with the been confined to theory. No man is at Court of Session ; Suggestions for liberty to excite men to dethrone the improving the Forms of Process in King, to abolish either House of Parlia- Civil Causes. ment, or to liberate Ministers from their
Our limits prevent us from enter. responsibility to the extent of life and ing into a detailed consideration of fortune: for that were to assail the Con. these Essays. They are characterstitution itself-the foundations of our legal limited monarchy;" but every
ised, throughout, by liberal senti. inan, from the very nature of the other ment, and a practical understanding, rights secured to him under that free while there is an absence of all Government, which he must neither un
unnecessary technicalities and legal dermine nor assail, is at full liberty to jargon, so that we can safely recomdiscuss the Policy of an Administration. mend the volume to the notice of all It may, and we believe it very often is, readers who wish for information on a part of that policy, to identify them- the interesting subjects of which it selves, or their measures, with the Go. treats.
The sunbeam follower,—the belov'd of Jove,-
Who went to Glasgow, by the mail, last night.
That all my page may with bright hues be painted,
When she departed, very nearly fainted.
With all its caverns of fire and smoke ;
To represent (by Heaven! it is no joke,)
REMARKS ON MR MACLAREN'S REPLY. MR EDITOR,
In the Elinburgh Magazine, Oc even when it goes to contradict fatober Number, Mr Maclaren has vourite notions and long-cherished thought fit to publish a reply to the opinions, is the perfection of reason, strictures on his work, entitled, “ A and the loftiest triumph of wisdom. Dissertation on the Topography of Yet it must be admitted, that Mr the Plain of Troy,” which lately Maclaren has a singularly odd way appeared in the New Edinburgh of displaying his gratification,-by Review. So far, all is well. If he giving vent to his passion, and abucould not bear to see any of his opi sing the author of his happiness. nions called in question, he was quite One might suppose, that, instead of right to arm himself in their defence. being delighted, he was smarting Every one is entitled to demonstrate under the pain of some mortal injury. that his own notions are correct, to But then all have not the same way point out the mistakes into which of expressing their feelings ; and Mr his reviewer has fallen, and to shew Maclaren may himself be in the enthat he himself has come forth from joyment of every satisfaction, when, the fire of criticism with greater lus to others, he seems writhing in pain, tre, and in renovated beauty. Had and tortured by disappointment. Mr Maclaren done nothing more Nay,” our author will reply, “I than this, there would have been no was a little out of humour; it was cause of complaint. As the writer not, however, because the examina. of that article, I should probably tion was rigorous, and the criticism have been for ever silent; and con- unsparing, but because they were not siderably indifferent as to the result, the work of an unprejudiced permight have allowed him to enjoy son.'” But what proofs of prejudice the undisputed glory of that triumph are to be found in the article in queswhich he seems quite certain of tion? Let Mr M. produce them if he having achieved. But he has gone Is he himself ever spoken of inuch further. Indignant at the pre but with respect? Is there a single sumption which would not repose personal allusion which even the implicit faith in his authority, he most se.usitive writer could take amiss? has had recourse to anger, as often Nay, is not his work spoken of in as to argument; and, in the heat of terms of considerable approbation ? his resentment, ascribes to me mo The very first sentence praises the tives by which I was not actuated, ingenuity with which it is written, and throws out imputations which I and the last recommends it to the think it my duty to repel.
attention of all who take pleasure in The last sentence forms a curious such researches ; while much is said contrast to the rest of Mr Maclaren's of the pains that have been taken to reply. “ As discussion and inquiry,” acquire information, and of the cansays he, “ are always favourable to dour with which it is generally stated. truth, nothing will gratify me more That I should now be inclined to than to see it (his system) subjected retract somewhat froin these panegyto the most rigorous examination, rics, will scarcely surprise any one ; and to the most unsparing criticism." but they shew, at least, that my forIt is quite impossible not to admire mer remarks were written in perfect the liberal and philosophic spirit good faith, and afford an instance of which this passage breathes. The prejudice, on my part, nearly as cusentiment might do honour to Aris- rious as the mode in which Mr M. totle, and even Plato's self need not is wont to shew his satisfaction. It have been ashamed to utter it. One is true that I have taken the libermight almost imagine that the ve- ty to differ, occasionally, from him; nerable sages of the Academy and and this, in his eyes, may be a proof the Porch had risen from their graves, of the most wilful and inveterate and come to establish their schools prejudice. If such be the grounds in the “ Modern Athens.” To be of the charge, I fear there are few gratified by the discovery of truth, whose minds are unbiassed, or, as a
late eminent statesman happily ex- derstanding of this passage neither pressed it, a “sheet of white paper;" weakens his theory nor strengthens and I, for one, must plead guilty. mine. Why, it incontestably proved But is Mr M. infallible? Are his the point for which I was arguing, statements so clear, and his argu and as effectually disproved that for ments so satisfactory, that they can which he had contended. not but command universal assent? Η δ' εσπερια θαλαττα ο τε ΕλληςIs it impossible to come to different ποντος εστι εν ώ και το Αιγαιον πελαconclusions from what he has en
The sense of these words Mr deavoured to establish? I may be M. accuses me of garbling, to suit my mistaken ; but I entered on the in purpose ; and yet, in the very next quiry without the slightest prejudice sentence, acknowledges that I have against Mr M., or in favour of any given their true meaning, the absurother system.
Treating his views dity of which was perceived by the without bitterness, I proposed my Latin translators. Really his inconown without dogmatism. The grounds sistency is as strange as his accuracy on which they rested were fairly and inferences. My explanation is stated, and I even brought forward the only one that the present text circumstances which a less candid will bear, and has been adopted by adversary might perhaps have chosen several scholars; among the rest, by to conceal.
Mr Hobhouse ; while the turn given Another charge against me is that to the expression, by the Latin and of “incompetency to decide upon the French translations, is quite inadsubject." This is an accusation to missible. Perhaps the text may be which I shall not offer a single word corrupted, although no emendation of reply ; yet Mr M. is not, perhaps, has been proposed; and, at all events, the most impartial judge; and those we can dispense with the passage, as who take an interest in the contro our point is sufficiently established versy may probably look to the arti- without it. cle in question, and not choose to Mr M. next comes to consider, abide by his award. There is one whether the Plain of the Mendere is qualification, too, which I may as the Trojan Plain of Homer. This, sume to myself—as even my oppo- he says,
“ is admitted by Strabo, nent allows me to possess it—á know. nay, what is more extraordinary, ledge of Greek: of some consequence admitted by the reviewer himself, this, when the chief object is to ex without question.” Now here there is amine the statements of authors who room to complain of something very wrote in that language.
like disingenuousness and misrepreHaving said this much, I have but sentation. If, by the Trojan Plain little desire to go on. But as Mr M. of Homer is meant the ground lying has frequently misrepresented my betwixt New llium and the rivers statements, as well as my motives, í Mendere and Dombric, Mr M. must cannot be altogether silent. How. be told, that nothing was further ever, I shall be very short, and, to from my thoughts than to make the save myself trouble, follow the ar admission which he ascribes to me. rangement which he has adopted. On the contrary, the whole of my
In the “ Topography,” Mr M., argument went to show, that this arguing against Messrs Bryant and could not be the Plain of Homer,– Hobhouse, adduced a passage from that it was much too confined for the Strabo, to shew that that geographer movements and events which are redid not include the Northern part of presented to have occurred in it,the Ægean Sea under the name of that, besides, it is intersected by the Hellespont. He now, in consequence
Califat Osmack; and that, in geneof my remarks, admits that it proves ral, it was little better than a marsh. exactly the reverse. That point, of According to my views, the Plain course, is settled ; and if we are to in quest lies between the Domjudge of his general accuracy by this bric and the Califat Osmack, extendspecimen, woe be to the man that ing from New Ilium towards Chifollows his guidance! Yet, strange black-the Plain called by Strabo the as it may appear, he, in another outward and Scamandrian, and the place, asserts, that the proper un- only one,of any magnitude, laid down
in the maps that I have been en the principal river of Homer. The abled to consult, or described by the fact is, that none of the Trojan authors whom I have had an oppor- streams can be called a river. At tunity of reading on the subject. best, they are merely channels by
The great point, in the whole con- which the wintry torrents make their troversy, is the identity of the rivers. way to the ocean ; while in summer, Our author loses all patience with they are almost all equally destitute of me, for supposing that the Dombric water. Yet the Dombric is far from can possibly be the Scamander, and being of an inconsiderable size. But the Califat Osınack the Simois of our best plan is to describe it in Homer, being quite certain that he words borrowed from Mr Maclaren, bas proved the Mendere and Dom- “ It is a clear and rapid stream; its bric to be respectively entitled to that bed is sixty feet wide ; it often prehonour. Now, in addition to the sents a powerful torrent, bearing all evidence formerly adduced, to show before is. By Homer, it is called on that his success is not quite so indis- to drain all its springs, to summon putable, let me produce a fact, for all his brooks, to swell his waters, which he is, perhaps, little prepared, and to bear along trunks and stones.' and which must be quite fatal to his “And this,” adds he," is no greater argument. It is asserted by Homer; power than a mountain torrent, like and much even of our author's rea the Dombric, in its enlarged state, soning proceeds on the supposition usually possesses.” What are our that these far-famed streams unite author's ideas of grandeur ? Surely their waters, before they empty them. a river that bears all before it, cara selves into the Hellespont. Now it rying along trunks and stones, might has lately been discovered, that the have suficient dignity to suit even Mendere is not joined by any river his exalted nocions. Strabo's opinion, of the plain, and that the Califat Os as to the source of the rivers, is, mack and Dombric are the only two moreover, but of small consequence. which flow to the sea in the same He whose statements respecting the channel.
Ægean Sea and the Hellespont
have, according to Mr Maclaren, Extract of a Letter dated Athens,
neither accuracy, clearness, nor con14th July, 1817.
sistency, may be allowed to have err
ed in a point where the truth was - We visited both Clarke's and Chevamuch more difficult to be got at, and lier's seat of Troy, and, with regard to the which even yet has not been fully former, we made a curious discovery, ascertained. Besides, it is unfair to which completely overturns his theory, represent me as following implicitly viz., that what he calls the Simois, and the authority of Strabo. My object was formerly called the Califat Osmack,
was to reconcile the statements of does not join the Scamander at all. We rode from the mouth of the Scamander oldest writers on the subject.
Homer, Strabo, and Pliny, the three
And up to the mountains, and did not find that any river joined it, not even the
in this my success was greater than Thymbreck, as laid down in Kauffer's
our author will readily allow. map. On the contrary, the Califat Os.
Mr M. imagines that I will grant mack and the Thymbreck join together,
TANTO?" may be translated, “apand run in a course of their own to the proach to.” Be it so. And what good ses, near the tomb of Ajux.”
will the adınission do him? If he will
tell me how a river can approach to This letter is quoted merely as an a given point without flowing towards authority with respect to the rivers ; it, he shall have the full benefit of and nothing could be more hostile such a notable discovery. Strabo to our author's opinion, or more says, that “ the two rivers, the Scafriendly to mine. Nor will Mr M. mander, (ranicou,) approaching doubt the evidence of eye-witnesses. to,'—be it—Sigeum, and the Simois But if any scruples do exist, as to to Rhoeteum, unite a little before the authenticity of the testimony, he New Ilium.” Now, the fact is, as shall have every satisfaction. we have seen, that they do not unite
But it seems the Dombric is des- at all. Besides, would Strabo speak titute of sufficient grandeur to be of the Simois approaching to"