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mocracy being more constitutionally ba. highest authority, of the Jews; who
lanced than the Athenian, a discretion seem also, conformably to Aristotle's
ary power was allowed to the prætor's system, to have been without a legislative
court to adapt decisions to the equity of power, limited to the Mosaic law. In
the case. These decisions, recorded, ob Macedonia, the king, as of old, still exe-
tained authority as precedents, for future cuted the office of chief justice of his
decision in similar cases ; and thus that kingdom, if the authority of the later
court seems to have furnished the spring- antient writers should be admitted, wbo,
head of systematic equity, as distinguish. in consonance with Homer, have reckoned
ed from law, in our own country, and this not the privilege more than the duty
throughout modern Europe. Such dis. of kings. Thus, like the judges of many
tinction in the legal system is found ne Grecian republics, and those proposed by
cessary under all governments, for cor Aristotle for his own imaginary state, the
rection, as our Blackstone expresses it kings of Macedonia would have a hazard-
after Grotius, • of that wherein the law, ous extent of power. But that they had
by reason of its universality is deficient.' alone authority to make laws binding on
But in our constitution alone has the ad. their people, any more than the king's of
vantage grown of a separation of the two Homer's age, no-where appears.
powers; limiting the courts of law to de-

Mr Mitford then enters into a mi-
cision by the letter, and committing the
power of relief, where equity may require nute inquiry concerning the constitu-
it, to courts appropriated to the purpose.

tion of these Macedonian assembliesThese, our learned judge proceeds to say, but on this head it must be admitted • have been established for the benefit of that, in a great measure, (to use a the subject ; to detect latent frauds, favourite phrase of his) “ information which the process of the courts of law is fails.” It appears, however, pretty evi. not adapted to reach ; to inforce the exe- dent, that the great extent of the Macution of such matters of trust as are cedonian territory, and the discordant binding in conscience, tho not cognizable nature of the elements of which much in a court of law; to deliver from dan- of its power was composed, rendered gers owing to misfortune or oversight; it impossible to have any one assembly and to give a more specific relief, and representative of the wisdom of the more adapted to the circumstances of the whole Macedonian people. It is more case, than can always be obtained by the generality of the rules of the positive or that all their assemblies were provin

likely-nay,

it seems quite certain common law. This is the business of cial ones, like the parliaments of mothe courts of equity; which however are only conversant in matters of property. dern France (in their origin,) or the For the freedom of our constitution will

courts of the Lords Marchers, and not permit that, in criminal cases, a

other royal deputies in England, Gerpower should be lodged in any judge many, and Spain-the provincial Teeyos to construe the law otherwise than ac of the Macedonians corresponding to cording to the letter. This caution, the minor Baohsus of Homer. The while it admirably protects the public likeness between the whole constituliberty, can never bear hard upon indivi- tion of the Macedonian monarchy and duals: a man cannot suffer more punish that of some of the feudal states is ment than the law assigns; but he may indeed very wonderful—and it had suffer less ; the law cannot be strained, by never been shewn in its proper light partiality, to inflict a penalty beyond till the subject fell into the hands of what the letter will warrant; but in cases

Mr Mitford. where the letter induces any apparent hardship, the crown has the power to

“ The assurance that the Macedonians pardon.'

all held arms, that the popular institu“ This excellence of legal system, not tions promoted a military spirit, and in found among the republics of Greece, peace incouraged the chase, as advantanor in Rome, nor in modern Europe be- geous preparation for the toils of service yond our own country, will hardly be in war, institutions marked as resting looked for in Macedonia. There neverthe on the customary law of the land, and less the criminal law assured a large degree not depending on the pleasure or imme. of freedom for the subject. The popular diate needs of the monarch, implies the power, indeed, under that law, appears farther assurance that the landholders to have been most rudely exercised, yet held civil rights, inabling them to assert perhaps not more so than in many or a dignified freedom; and that these civil perhaps most of the Grecian republics; rights extended throughout the provinces and the course of proceeding resembled of the Macedonian kingdom, is indicated very nearly what we find related, on by what presently we shall have occasion

to observe. It seems thus altogether Among ourselves, to whom this is famiprobable that each province and each liar, its peculiarity is apt to escape obcity made regulations for itself, under servation: the supposition that it is, or some superintending controll of the may be, ordinary elsewhere, readily offers king's acknowledged prerogative. Look- itself. But, to the acute forein observer ing backward then to Homer, and for. Divernois, the peculiarity has been strik. ward to“ Alexander's history, it seems ing. Many thousand important offices, farther probable that, if laws were made very far the greater part of these neces. for the whole nation, it was, as formerly sary for local administration, he has obin modern Europe, by the nation assem- served, are in constant course of perfor. bled in arms ; its defenders being con. mance without salary; and, these being sidered as its representatives. Nor is an for all ranks, from the peer, through the instance of this wanting ; recorded in- high sheriff and the juryman, down to deed only by a writer not always to be the tithingman, and in large proportion trusted, yet carrying marks of just au- taken in rotation, some hundreds of thouthority. Alexander, in the midst of his sands of men thus, each in his degree, conquests, having in hunting exposed partake in the energies of government. himself to great danger in contest with a Such is the broad basis on which the lion, the Macedonians of his army, ac- English constitution rests, and on which cording to national custom, the historian legislation by parliament (too generally says, taking the matter into considera. considered, even at home, but still more tion, decreed • That the king should not by foreiners, as all and all) depends for hunt afoot, nor without attendants of a

assurance of its value, and even of its quality to be answerable for his safety.' existence. Promotion then being denied

A constitution capable of assuring free- to none, but, on the contrary, the ascent dom to a people, with good government easy and ordinary from the condition of and means for defence (both indispens- the workman for daily pay to that which able toward maintainance of freedom) is qualifies for bearing the burthen of tithof necessity a very complex machine ; ing and parish offices, and thence to insomuch that how it may best be con. higher, and by degrees to the highest, structed has been a question for many the English government thus is the com. ages, not yet decided. Hence it may be pletest commonwealth its ordinary title the less matter for wonder, if, in looking in queen Elizabeth's days) known in histo the construction of constitutions found, tory. in practice and effect, most providing “ In the Athenian, and probably other those benefits, parts of great importance Grecian republics, attendance on civil have escaped the observation of very business was required, of the lower peoacute inquirers; so far at least as to have ple, only in the general assembly, and in failed of due estimation. But especially the courts of justice ; and for attendance those most familiar with things are apt there a small pay was given. For the to undervalue them. Thus it remained higher public offices no pay was allowed ; for the foreiner Delolme to show the just they were imposed as honourable, but importance of some matters in the Eng. often severe, burthens on the wealthy. lish constitution, overlooked by the many It was therefore esteemed a valuable rcable English writers who had previously ward, for eminent services, to receive a written on it. Still, such is the com- grant of immunity from such burthens. plexity of a free government, very im- The mention then, by Arrian, of such portant points remained for circumstan- immunity granted Macedonians ces to bring forward into just notice.

to

with various other indicaThe French minister of state Calonne, tions to imply that the provincial admi. whom civil discord forced to seek refuge nistration in Macedonia was not, as in in a forein land, was led, in his residence the modern kingdoms of the continent, in England, to remark the amalgamna wholly directed by officers of the mo. tion of ranks here as a singularity among narch's nomination; hut, as in the European nations, and of a most advan. Grecian republics formerly, and the tageous character ; producing a commu. English commonwealth now, imposed nity of interest among the millions como principally on those subjects who were posing the population, whence resulted a of substance to bear the burthen of offi. harmony, a mutual security, and a na. ces without salary, and to be responsible tional strength, unseen elsewhere. Ne for the due execution of them.” vertheless, tho intimately connected with this, another matter, of vital importance, make by much too free in our extracts,

At the risk of being supposed to remained for another foreiner duly to remark. Local administration in the hands

we shall quote at length the fine pasof the people, in divisions and subdivi. sage in which Mr Mitford sums up sions, is necessary for the very founda. all this part of his subject. But, intion of freedom in an extensive country. deed, the whole of the view he gives

concurs

is so rich in application to things were inferior. Such improvements as nearer home and is itself so admire those of our second Henry, and Edward able—that, we dare say, no apology is intitled first, not to bring the refinements necessary.

of the Restoration, the Revolution, and

aftertimes, into question, are hardly to " Altogether the Macedonian consti- be found anywhere else, and therefore tution appears to have borne a very not reasonably expected in a counnear resemblance to that of the mo- try in the circumstances of Macedonia. dern European kingdoms in early times; If then the general deficiency of legislawhen the combined civil and military tive system in antient governments appowers were divided among lordships, pear surprising, it may be well to look similar in essence tho various in denomi- at those of modern Europe. In France nation, dukedoms, marches, earldoms, itself, the wiser and honester of the mobaronies; all of limited monarchal cha. vers of the late revolution there, anxi. racter; intermingled among which the ously exerting their diligence, with ample corporate towns had constitutions truly powers for searching, to find precedent republican. Lordships and townships of revered antiquity for the forms of the together acknowledged the sovereinty of free constitution which they desired for one king; especially his right to com- their country, were unable to discover, mand their service in arms for common not only the manner of passing a law in defence. Slavery existed among them, the old French assembly of the Three as among the antient republics, but ap- Estates, but any law that could with parently a less numerous and more miti. certainty be referred to that authority. gated slavery. The people, of all ranks, Even for our own country, tho its hisabove slavery, in cities and throughout tory is perhaps altogether more perfect the country, held the important right of than that of any other nation, antient or judgment on life and death, and of bear. modern, yet many important circuming arms for common defence against stances remain in much darkness ; espe. forein or domestic disturbers of the com- cially in that highly interesting period, mon peace.

the contest for the crown between the “ The perfection of civil polity in our houses of York and Lancaster. Even own country, raised, in the course of the character of the constitution, under more than ten centuries, within histori. the Plantagenets, has been found to have cal information, on foundation formed been not only imperfectly known but in times beyond knowledge, has led some greatly misrepresented. The search aeminent men, viewing the improvements mong the records of the two houses of at the Revolution and since, and seeing, Parliament, for precedents for the reas in all human institutions ever must gency, proposed to be established in the be, imperfections yet remaining, to year one thousand seven hundred and reckon themselves warranted in assert. eighty-eight, has produced most impor. ing that, before the Revolution, there tant addition to all previous history, and was no true liberty here. Surely enough correction for misrepresentations, to there can be no perfect liberty here, or which historians, eminent for diligence anywhere on earth : for wherever there and ability, in want of it, had been led; is government, the natural liberties of those records demonstrating what none individuals must be subject to controll. suspected, that in the reigns of the fourth But without government they are sub- and sixth Henries, the constitution, ject to far severer controll ; the weak however less firmly established, was as being without resource against the strong, well understood, and, in critical and dif. and the few against the many. Question ficult circumstances in both reigns, as therefore about true, or reasonable, or completely acted upon as it could be at sufficient liberty may be endless. But,

this day. compared with most other nations, with Toward the character of a monarchy, necessary exception always for war with. whence the Royal Revenue arises, and in the country, or its immediate results, what may be its amount, are important overbearing, for a time, civil establish- questions. Thucydides shows that, in ments, the English nation, it may be his time, the kings of Macedonia held fairly said, was always free. Justice is very extensive landed property; and we wanting among historians, on that score, find no other source of royal revenue in even to the Norman reigns. The debt timated, till the customs of some sea. of all posterity to the first of the Planta. ports were conceded by the Thessalians genets, the second Henry, is incalcul. to Philip. Yet his predecessor Archelaus, able. With institutions of less value than to execute all that has been attributed to those of our great Alfred, the Macedo. him, must have been wealthy. Proba nians might be reckoned a free people; bly, among the troubles which followed yet we know not that their institutions his reign, the royal domains had been injured and diminished. Demosthenes, Spain, and Germany, unless under a as formerly we have observed, seems to prince of rare abilities, producing dishave thought that to impute to a king of traction, produced weakness. Hence the Macedonia bribery with gold would be opportunities for those contests for the too extravagant to gain belief : but with crown, which have furnished matter for timber, oxen, horses, sheep, he did not the larger portion of Macedonian history scruple to insinuate that Philip purchas. till Philip's reign. Through the defied the treasonable assistance of the mi- ciency of combination in the governnisters of his enemies. At a later period ment, opportunity was continually open of that prince's reign Demosthenes reck for the interference of forein influence. oned him rich, not by his land but by Throughout the reign of Perdiccas son his seaports, where duties were taken of Alexander, tho a prince of consideron importation and exportation. Those able talents, the intrigues of Lacedæmon duties seem to have been the only and Athens, sometimes alternately, sometaxes known in the Macedonian king times together, troubled the country. dom. The kings thus were not depend. Under still abler princes, the important ent upon their subjects for a necessary seaport of Pydna was withdrawn from it or perhaps an ample revenue in peace.- at least twice; and probably was among But they had not what would maintain those, the best towns of the kingdom, armies, and were therefore dependent which, at another time, seceded from it upon their subjects for service in arms, to become members of another state.whenever their safety or their ambition, But, except in that remarkable instance, or even the good of the country required occurring in extraordinary circumstances, it. This formed the great security of the very inconveniencies and defects of Macedonian freedom.

the Macedonian government assisted to “ Under such a constitution, however deny opportunity for any party, not inferior to the British, the Macedonian headed by a popular claimant of the people, in comparison of others, not ex. crown, to give any great extent to revocepting any Greek republic of which any lutionary intrigue. Generally, if porinformation remains, might be happy as tions of the people might be gained, yet · well as free; tho, for internal improve antipathy of portion to portion obviated ment, such a constitution was evidently extensive seduction. But as formerly, ill calculated, and, even for exertion a- France, when neither the king was ab. gainst forein enemies, highly defective solute, nor a good government, with one Its deficiencies were nearly analogous to legislature and one jurisprudence, held those of the French and Spanish monar- the country together, was wounded chies, while yet the kings were unpos- through a duke of Burgundy, or a town sessed of despotic power. The Macedo- of Rochelle, so Macedonia was assailed nians, under their early princes, we through a prince of Argæus, or a town have seen, were conquerors; as with us of Pydna." the Anglosaxons of Wessex. England,

Leaving this passage to the considebecoming under Egbert one kingdom, ration of our readers, we shall, for the became only by degrees afterward one state, under one law; the advantageous

present, break off-intending, if posbusiness begun by the great Alfred, besible, to say something of the woning completed, not till three centuries derful Macedonian himself, and of after, by the second Henry. But in the admirable manner in which our Macedonia such advantageous yet diffi, author has cleared up many of the cult combination failing, the extension darkest parts in his eventful story, in of dominion, as formerly in France, an early Number.

PATAGONIA.

We understand that a ship from Li- them is stated to be a wandering tribe, verpool has been employed in trade on of the gigantic size, so often mentionthe coast of Patagonia ; and that some ed by voyagers, extending all along of the crew, and particularly a lieuten- the coast from the Plata to the Straits ant of the royal navy, are returned, of Magellan. The lieutenant alluded who give an account of that country to saw two chiefs or caciques who confirmatory of those which we have measured certainly eight feet in height, before received.

and he had a youth, fifteen years old, The aboriginal inhabitants consist some time with him, who was not less mainly of two distinct tribes. One of than six feet two inches. The wo

use

men are said to be in the same pro- hides and tallow. Those oppressive portion ; and they are a remarkably exactions caused the emigration before well featured, and handsomely pro- mentioned. portioned race. They subsist entirely The land about Rio Negro is said by hunting; and it is supposed that to be excellent for corn of a very suif a central mart were formed, they perior quality; and there are large would supply valuable furs in abund- and well watered tracts, admirably ance, especially the guanaco or camel- adapted for the rearing of cattle. The sheep skin, the wool of which might bull and cow of Patagonia are about be of importance to our manufacturers the size of the English; but the ox, for shawls and very fine cloth. The at three years old, is half as large lieutenant brought a specimen to Eng- again, and grows to an immense size. land, which he shewed to a manufac- From these, and from the wild cattle, turer, and the latter gave an opinion with which the interior swarms, cured that it would be worth from 15s. to provisions, especially jerked beef, might 16s. a pound. In exchange for these, very easily be exported to the West the natives would gladly accept in Indies in any quantity: At the Habarter, spirits, Brazil tobacco, coarse vannah, jerked beef is in such request, red or blue cloths, large iron spurs, as to bring 14 dollars per quintal of long knives, spears, beads, and other 100 pounds; and the passage would similar articles : they do not take two or three months. The coun. money, and neither this nor the other try abounds also with wild horses, the tribe use fire arms. They were very skins of which might be available. peaceable with the crew of the Eng On the banks of the Rio Negro, lish ship; on entering the settlement there are an abundance of willow-trees, at Rio Negro they always deposite their fit for beams and rafters of houses: arms, and only take them again on there is no other timber; but for fuel quitting it.

there are ample supplies of faggot The other tribe consists of what wood; and for the erection of buildare called the Pampas Indians, a ings, bricks dried in the sun are used, small race, of settled habits, who although there is plenty of stone. The live considerably to the westward of climate is one of the mildest and Rio Negro. They are an agricultural healthiest in the world. and pastoral people, and have also Along the coast from latitude 37. to some manufactures : they resort to the 42. south, there are innumerable coast with cattle, coarse cloths, dried islands or sand banks, extending to meats, &c. to barter, chiefly for spirits the distance of seven or eight leagues and tobacco. They are represented as from the main ; and within them are being a numerous but inoffensive peo- found some convenient harbours for ple, and as their flocks of sheep are in ships to lie in, and numerous creeks great abundance, it might be an ob- navigable for boats. The chart pubject to procure wool from them; it is lished by Faden from the survey of said, however, to be of indifferent tex. Malespinas, though on a small scale, ture.

was found very correct, and indeed The whole of the tracts from the the only one to be relied on. During Rio de la Plata to Cape Horn, has the months of September, October, been abandoned by the Spaniards, November, and December, the banks with the exception of Rio Negro, are covered with sea elephants, in where there are remains of a settle such numbers, that from fifteen to ment, from whence the inhabitants twenty sail, of 200 tons each, might are retiring every year. The govern- annually load with oil, if the fishing ment of Buenos Ayres have only taken were pursued under proper restrictions, nominal possession of any part of it, such as not to kill any elephant under and merely stationed a commandant two years old, nor the females till at Rio Negro, without any soldiers. they have pupped and brought up Some black troops had at first been their young. A pup three or four sent, who greatly distressed the ha weeks old, can shift for itself. These bitants by exactions, and by the des- animals have been very much destroytruction of nearly all their cattle, ed by the Americans, who kill pups which, before the revolution, were producing only four or five gallons of very abundant, and afforded means of oil, whilst if they were left to the age loading many vessels every year with of two or three years, they would pro

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