From The Spectator. LORD WENSLEYDALE'S LIFE-PEERAGE. THE manner of elevating Sir James Parke to the Peerage as Baron Wensleydale may be discussed equally as rather a strong interference with the institution, or as a minimum of interference with the House of Lords. Sir James Parke is elevated to the Peerage" for the term of his natural life;" and a contemporary finds it difficult to understand the reasons which actuated him in accepting a peerage thus limited, "although it is not difficult to account for the reasons which have induced the Lord Chancellor to establish a principle altogether so novel, so violent and extraordinary." Now, perhaps the difficulty is as great in one case as in the other. The Lord Chancellor is not a subversive man; we are not to presume that Sir James Parke is actuated by only common ambition; both are lawyers, and we believe that among lawyers the possibility of this very step has been discussed for some time past, on various grounds. Lord Brougham was not elevated to the Peerage" for the term of his natural life," but in effect the limitation of the title in his case was the same; and at the time of his creation the subject was discussed. Again, when the Liberal party entered of fice in the face of a House of Lords packed by the undisturbed Tory creations of the Georges, we took the occasion of showing both the expediency and the possibility of mitigating that party predominance by the creation of peerages for life. In one form, the life-peerage has frequently been used that is, the eldest sons of Peers have been called to the House of Lords, with the knowledge, of course, that the new peerage would merge in their inheritance, the creation not entailing any new heritage. I that character increases with the wealth of the parties that come before it, the intelligence of the whole country, and the magn tude of the questions to be settled. The Law Lords can only be recruited from the judicial bench. The position of a Law Lord is not hereditary; a Denman in one generation is not the Law Lord of a previous generation. There is a constant necessity for recruiting the judicial bench in the House of Lords; bui there may be many objections to increasing the number of hereditary families. In many instances it entails an expense upon the country. Even a pension to support the title for three generations is not always sufficient: so that a poor peerage becomes a burden on the charitable distribution of official patron age, hampering the public service as well as pressing upon the official exchequer. Some of the very instances advanced as objections are collateral corroborations of the argument that personal promotion does not always jus tify hereditary honors. We reward a Neb son and a Wellington for immortal services; but we cannot secure a succession of immor tal Nelsons or Wellingtons. The recruitment of the Law Lords is a clear necessity; the multiplication of titled heirs to Law Lords is not so evidently needed; and from the fact it is fair to presume that Sir James Parke has seen the expediency of instituting a practice which will permit the creation of Law Lords without entailing upon the coun try Law Lords' heirs. Although the creation of a peerage for the term of natural life is an interference in the personnel of the Peerage, with the minimum of a permanent change, it is in some respects a direct innovation. The general character of the House of Lords is hereditary; it is the hereditary quality that renders it independent of the Crown. The first created There is at present no great political exi- Peer may be so rewarded as the price of sergency which requires a modification of the vility; but the second Peer holds his title House of Lords by creation for voting pur- independently, the third is born to consider poses. Nothing is more remarkable than the it his own, and each generation adds to the gradual effect of public discussion in correct- sense of substantive sufficiency. Perhaps it ing extreme views, and so superseding all ne- might be made a reproach to our present cessity for redeeming the Lords from their Peerage, that instead of interfering too much Georgian taint by "fresh blood." The cre- to influence the community, it is gradually ations, no doubt, have been considerable; interfering too little. The sons of the Peerbut the very personnel of the House is now so age appear to know the place assigned to moderated, national views are now so pre- them; they are gradually trained to take dominant, that no public danger can be ap- their positions, passing through the apprenprehended from constituted bigotry. There ticeship in some public office, or in the Army are, however, other reasons why it is desir- or Navy; and they constitute a growing able to modify the personnel of the Upper class of private gentlemen, the heirs of legis Chamber, irrespectively of considerations lative rights, but certainly with a decline of which might dictate an increase in the num-political influence. The reform of the Hous ber of hereditary peerages. The House of of Commons, abolishing great abuses, cut Lords is the highest court of appellate juris-off territorial powers which Peers had misdiction-the supreme tribunal in the last re-employed, and relieved the country from sort. The importance of its functions in many mischevious trammels. But it inci dentally had an effect which is not so very | enforce their attendance. On the Union happy it took away an opportunity which with Scotland, the English Law Lords conthe Peer had of increasing his influence; it trived to decide upon Scotch appeals with a uprooted much of his territorial power; and doubtful jurisdiction, and without the atin preventing him from lording it over a tendance of any Scotch Law Lords. Before section of the community almost as a sover- that, the Lay Lords had voted at large, eign, it removed the motive for obtaining against the decision of the Judges in the personal influence. Thus it has to a certain well-known case of Reeve versus Long, extent extinguished that personal feeling in against the constitution, and, says Lord St. politics which united the individual to the Leonards, "wholly beyond the jurisdiction state, and kept up a warmer kind of national of the House." Upon the whole, however, attachment than prevails in our calculating, the Lay Lords have studiously abstained utilitarian, rationalizing age. The increase from practically interfering, although nomiof life-peerages is capable of augmenting that simply official assessorial formation of the House of Lords, rendering the Upper Chamber so far a professional asylum. If we saw any fire of political ambition, any redundancy of vigor on the part of the sons of the Peerage, threatening encroachment, we might demand a counterpoise, by introducing into the body a number of non-hereditary Peers attached to the great professions of the country: but the innovation must be justified on other grounds. Possibly, if we are doomed to have an Upper Chamber materially altered, the change may not be for the worse. If distinguished lawyers are to acquire the right of looking to a life-peerage as a natural sequel to a seat on the judicial bench, we should obtain in the Upper Chamber something more like a Senate, and a very valuable institution for its own sake. Thus constituted, the House of Lords would not differ very greatly from the High Court of Parliament or "Great Council of the Nation," in the time of the early Norman Kings, which essentially included the ordinary, lesser, or Privy Council of the Crown; the members of the Privy Council being chiefly the administrative officers and judges of the realm. This original constitution of Parliament is the subject of a recently-published Letter to the Lord Lyndhurst, by Mr. John Frazer Macqueen, explaining the manner in which the judicial officers have been gradually separated from the House of Lords, leaving the highest judicial authority to the lay body. In the reign of Edward the Second, says Lord Hale, the judicial members of the King's Council began to be a sort of assistants or advisers only, seated on woolsacks while the Peers sat on benches. But, in the opinion of Lord Somers, who, as Mr. Macqueen naïvely says, "knew the constitution, the Judges constituted an essential part of the Lords sitting in their judicial capacity; and in February, 1693, they were ordered by the House to attend daily from the rising of the Courts until the rising of the House. Their attendance was slack, and two reprimands from Lord Somers on the woolsack failed to nally the judgment is theirs. They now sit according to a "rota," two at a time; and when the presiding judge is not a member of the House, and cannot therefore speak, he whispers the decision to the Lay Lord nearest to him: who rises, and parrot-like delivers the judgment of the House. Practically, therefore, the judicial authority had lapsed to the Lay Lords; although, properly speaking, it resided in the "King's Coun cil," sitting as an essential part of "the Grand Council." The elevation of Sir James Parke for his lifetime suggests a modern mode in which the judicial character of the House of Lords might be restored with the least violence to existing forms. Were the Judges generally to be elevated for the term of their natural lives, the judicial elements would be renewed in the Grand Council of the Nation; and the House of Lords would still be, in fact as well as in form and dogma, the highest judicial court in the country. From The Press, 19 Jan. LIFE-PEERAGES. That Sir James Parke WE must beg at the outset of this article to disclaim any personal allusion whatsoever to Lord Wensleydale. has well earned the honor which has been awarded him we most gladly admit, while we view with equal pleasure the accession of legal knowledge thereby accruing to the House of Lords. But the question which has been raised by the learned Judge's ele vation must be decided upon broader grounds than either personal merits or legal exigencies. It is of comparatively little consequence to investigate the number of precedents which exist for the creation of life-peerages. The Queen has undoubtedly the power and the right to create as many as she chooses. Nevertheless, a reference to cases of the same description does not tell very well for the advocates of the revival. They are few in number, and bad in character. There are only three altogether, of whom two were women, one of them the mistress, and the other the illegitimate child, of an ignorant foreigner. The system seems to us to be objectionable on three distinct grounds - constitutional, political, and social. The main guarantees for the integrity of the House of Peers are to be found in their great wealth and their hereditary nobility. A tainted character will not only disgrace the past, but the future also; and many a man who would not hesitate to degrade his own name, would hesitate at degrading his son's. Unqualified corruption is as rare, perhaps, as unqualified virtue. But that middle state of mind in which a man contrives to reconcile his conscience to his interest, without doing anything which the world could pronounce villainous, is the state of the majority. We would not be understood to insinuate that no poor man is incorruptible; but we appeal to the common sense of our readers, and those universal laws of human nature which it is foolish to ignore, and we confidently ask how far it is advisable to foist upon a class which already possesses two such powerful incentives to the maintenance of patriotism as ample revenue and hereditary rank, an entirely new order of men who will possess neither. What the barrister now is to the judge-what the judge holding office during the pleasure of the Crown was to the judge who held it for life that is a peerage like Wensleydale to a peerage like Derby or Shrewsbury. The one inference to which all these observations converge, is simply this: that, by the creation of life-peerages, a dangerous and doubleedged instrument is placed in the hands of a reckless minister-dangerous, because such noblemen will always be more or less pliable -double-edged, because fewer scruples will exist about creating new peers, should they not be pliable enough. On the ground, also, of the feudalism of the English aristocracy, we most decidedly object to the present innovation. A peer without an estate is just as great an anomaly as a bishop without a diocese. He would have privileges without duties. His only dependents would be his groom and his valet. In that softening intercourse between landlord and tenant he would have no part. We should have a set of Cockney lordlings who would make the title contemptible from their manner, and perhaps odious from their vices. The great old theory of an earl or baron as a leader of the people, would be most vitally impugned. We pass, by an easy transition, from the constitutional to the political aspects of the question before us. It would go far to interrupt that link between the titled and untitled gentry, the existence of which is at present one of the strongest bulwarks of the English system. A broad gulf would be created between peers and senators without estates and commoners with them. We need do no more than point out the serious character of this danger. It is one which threatens a national peculiarity which has long favorably distinguished us from continental countries, and which has been the theme of admiration to reflective foreigners for centuries. Viewed in its social aspect, however, a life-peerage loses the dignity of being dangerous, and becomes ridiculous. He whose family would be too poor to support the title, would also be too poor himself. Can anything be conceived more pitiful than my Lord Ready-pen, the eminent author, taking his chop at a sixpenny tavern, while an unshorn bailiff scowls savagely from the opposite box at the victim who has escaped his clutches? Fancy a community of peers, with whitey-brown linen, and hair down to the small of their backs, jabbering science, and congratulating one another on having substituted ermine for whitewash? Joking apart, what literary man of real genius but would scorn to change the name he has made so noble for a title that could not ennoble him the highest place in literature for the lowest place in the peerage - the laurels of wit and poetry for a dubious rank and a tawdry coronet? As to the necessity of larger resources for recruiting the legal element in the House of Lords, we feel quite confident that this could be managed without the creation of a new order of Peers. At all events, we would rather see things go on as they are, than a pernicious precedent established for introducing a disturbing element into the working of the Constitution, for impairing the political efficacy of the aristocratic order, and for lowering the character of science and literature, by holding out the allurements of unsuitable rewards. HORSE-CHESTNUT. - Why is a horse-chestnut | from the similitude of the fruit to that of the tree called a horse-chestnut tree? and why is a chestnut (Fagus), and from its being given to sweet chestnut tree, or Spanish chestnut, simply horses. Notes and Queries. called chestnut tree? [Perhaps horse-radish is so called from its The horse-chestnut (Esculus) is so called being given to horses! — Living Age.] and the sun continued 120 days below the horizon. DR. KANE'S EXPEDITION. THE statement made by Dr. Kane, on Monday night, at the Geographical Society, An observatory was erected adjacent to in explanation of the progress of the United the ship, and a thermal register was kept States' Exploring Expedition in search of hourly. The mean annual temperature at Franklin, entirely removed the obscurity this spot appears to be 2o lower than that of which prevailed on the publication of his Melville Island, according to Parry. The first report, and was received with the high-lowest temperature was observed in Februest satisfaction and enthusiasm. ary, when the mean of eight instruments Dr. Kane left New York on May 30, 1850, gave 70° Fahrenheit. Chloroform froze, in the brig Advance, of 120 tons burden. essential oils became partly solid and liquid, His company amounted to eighteen persons, and, on February 24th, chloric ether was ten of whom belonged to the United States congealed for the first time by natural temNavy, and his destination was the highest perature. For astronomical observations, a point attainable through the northward of transit and theodolite were mounted on stone Baffin Bay in search of Franklin. He reached pedestals cemented by ice. The longitude Cape York ten days after meeting the ice, and was based on moon culminations, corroborpassed on August 7th the headland of Smith ated by occultations of planets and the solar Sound, and the highest point attained by Cap-eclipse of May, 1855. The position of the tain Inglefield, R. N., in 1852. Open water observatory was found to be in lat. 780 lay before him, but a belt of heavy stream ice 37' and long. 70° 40′ 6′′. Magnetic observwas soon reached, which was followed by a ations, both absolute and relative, were also drifting pack that obstructed the channel. kept up. Spasmodic disease occasioned the Before entering the pack Dr. Kane buried a chief difficulty, but scurvy was completely supply of provisions and a life boat, and on subjugated. In the form of tetanus, the one of Littleton Islands he erected a beacon spasms attacked the dogs, and fifty-seven and deposited despatches. He intended to died, with symptoms not unlike hydrophobia. push through the pack to the northward, The loss of these animals seriously affected but at lat. 78° 45′ the drifting ice drove Dr. Kane's plans; new arrangements had to him on the Greenland coast, where he was be formed, which, owing to the smallness of detained in Refuge Inlet for three days. By the party, deprived of the dogs, were necesa great effort, and taking advantage of open-sarily restricted. with the loss of two lives. Another effort in the same direction was made under Dr. Kane's personal guidance during April and May, and journeys by other parties were carried on till July 10. The addition of four dogs, contributed by Esquimaux, permitted the operations to be considerably extended. Out of nearly 3000 miles traversed, no less than 1100 were made with the dog-sledge; and during the following year, Dr. Kane himself travelled 1400 miles with a single team. ings caused by the tides, he forced a passage A passage to the north over the distorted to lat. 78° 43', which was reached on Au-ice, crowded with bergs, was resolved on. gust 29th, having on two occasions been A party sent in advance under Mr. Brooks thrown on beam end, so that the stoves could endured great suffering, and barely escaped not be prevented from burning the vessel, and having suffered various losses, but no essential injury. On the same day Dr. Kane left the ship in charge of Mr. Olsen, and started with boat and sledge to select a spot for wintering. The boat and sledge were successively abandoned, but the work was done. From a cape, at an elevation of 1100 feet, a black ridge, subsequently found to be a glacier, was seen terminating the view along the Greenland coast to the eastward. Icebergs crowded the channel, and a Three expeditions crossed the bay. The frozen sea extended to the range of vision. great glacier in lat. 79° 12' was surveyed by Winter quarters were selected at Van Rens-Dr. Kane in 1855. Another party went to selaer Harbor, near a group of rocky islets the south-west; and the shores of the new in the south-eastern curve of a bay, where the brig was frozen in on September 10th. Parties were organized for establishing provision depots to facilitate researches in the spring, and more than 800 miles were traversed. The Greenland coast was traced for 125 miles to the north and east, and the largest of the three depots along the coast was formed on an island in lat. 790 12 6", and long. 65° 25'. Darkness arrested these proceedings on November 20th, channel northward were explored by the third. Open waters washed the shores of the channel, and terminated in a sea, the heavy surf of which checked further progress. The furthest point attained is a precipitous headland, named Cape Independence, in lat. 81° 22′ N., and long. 65° 35′ W. From it the western coast was seen stretching to the north, with an iceless horizon and a heavy swell rolling on with white caps. Two islands on the eastern threshold of this sea have been named after our lost country- The winter of 1854 passed with many men, Sir John Franklin and his companion, trials, and in the following summer it be Captain Crozier. On the west, the coast came necessary to abandon the brig and rewas observed to be mountainous, and the treat. On May 17, Dr. Kane commenced farthest distinctly-sighted point was a lofty his return in sledge boats. On August 6, mountain estimated to be in lat. 820 30, in eighty-three days after leaving the ship, and long. 660 west (approximate), which through many perils and escapes, he arrived Dr. Kane proposes to name after Sir Edward at Upernavik, where the Danish authorities Parry, who, he says, "as he has carried his gave them a cordial welcome. His subsename to the most northern latitude yet quent proceedings have been already made reached, should have in this, the highest known in these columns. - Literary Gazette, known northern land, a recognition of his 19 Jan. preeminent position among Arctic explorers." A "' made THE MANUSCRIPT OF "Don Giovanni." biographer declares that Mozart "never pleasant piece of musical reading has just been sketches, nor "retouched compositions, though contributed to L'Illustration, by M. Viardot, we now and then find him improving a thought containing some notices of the original score of in the act of writing.' More than one inter"Don Giovanni," which, as the Athenæum an- esting example of the retouching or improving nounced some months since, has fallen, by pur-process are to be found in this MS. The phrase chase, into the hands of Madame Viardot. The which opens the agitato, “Or sai chi l'onore,” manuscript is entirely complete, those bars ex- was thus reconsidered, great vigor being gained cepted which should contain the dialogue in the by the alteration. The accompaniments to the cemetery betwixt Don Juan and Leporello, in- statue Commandant's awful entry at the libertroducing the duett, "O Statua gentillissima."tine's supper, were also changed for the better. The missing leaf in some degree authenticates the manuscript; since, not only, as M. Viardot reminds us, was the short scene in question an afterthought-sketched at a moment's warning to give additional effect to the duett - but it was completed under corrections which may account for its being loose, and therefore lost from the MS. "In directing the first rehearsal of his opera," says Mr. Holmes, in his "Life of Mozart,' ""he was obliged to stop the orchestra at the scene in the cemetery, 'Di rider finirai,' as one of the trombone players did not execute his part correctly. The scene was originally accompanied by three trombones only. As the passage, after repeated attempts, had no better success, Mozart went to the desk of the player and explained to him how he would have it done. The man, who was a crusty fellow, answered with some rudeness, It is impossible to play it; and if I can't play it, I am sure you can't teach me." Heaven forbid,' returned the composer, smiling, that I should attempt to teach you the trombone; here, give me your part, and I will soon alter it.' He did so on the spot, and added two oboes, two clarinets, and two bassoons." This addition may have caused the detaching of the leaf. 求本 ་ By the way, while glancing at this anecdote, with reference to the MS. in Madame Viardot's possession, we cannot help pointing out how Mr. Holmes contradicts it in the very paragraph which immediately precedes it, in which the What will the purists say, on hearing that the employment of a chorus in the stretta to the first grand finale is an effect not provided for in Mozart's score, who limited the passion and power of the climax to the seven solo singers? Will they not admit that the freedom taken is justified by the result? There are stage directions, too, in Mozart's score worth noticing. In the triple ball-room music, the composer directed that the second and the third orchestra should begin their parts by imitating players tuning— thus forestalling the grotesque piece of musical farce with which M. Meyerbeer opens his first finale to "L'Etoile." In the supper scene, when Donna Elvira (the devotee side of whose character has never in our experience been indicated by its representative) kneels to Don Juan in the earnestness of her last hopeless appeal to his conscience, Mozart enjoins Don Juan to kneel to her-in mockery. In closing his pleasant notice, M. Viardot, after recalling the well-known reply of Signor Rossini, who, being asked which of his own operas he preferred, said, "Don Giovanni," proceeds to repeat a saying spoken the other day by the great Italian composer, when this MS. score was shown to him: "My friend," said the composer of Guillaume Tell,' laying his hand on Mozart's pages, "he is the greatest, he is the master of all; he is the only one who had as much genius as science-as much science as genius!"-Athenæum. |