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character; we should assimilate it rather with the

French type.

All know what pure democracy means in France the despotism of a mob. Unrestrained power, in whatever body it reside, whether in the populace or in individuals, is equally despotic power. It is true, that so long as the people be all agreed, there will be no occasion for its use; or when they are divided into parties of equal strength, the one cannot use it against the other. But so soon as there exist a minority on any important question, there will be a majority of greater power; and in the Union this majority never loses the opportunity, to use its power despotically. Hence, freedom of thought and speech, exist in America, only under certain limited conditions— that they approach no question on which the majority has "pronounced." On this subject, it has been remarked, " if ever liberty be lost in America, it will be owing to the omnipotence of the majority, which will have reduced the minority to despair, and will have forced them to appeal to material force. We shall then see anarchy, but it will come as the consequence of despotism."

All are familiar with the operation of this rule in the South, in the direction of discussions on Slavery; and precisely the same holds in the North, as we now see, on this subject of the Union. What more painful proof of this could be given, than in the fact of a man being recently shot dead, in the streets of New York, for simply expressing

opinions, that were common to the whole country a few weeks before-a murder evidently regarded by the public, as an act of vigorous heroism. This despotic rule of the majority, applies to all matters, once affected by this delirium of popular excitement. On religious, on educational, on philosophic questions, there is unbounded licence, because there is no political party to offend. But from the moment that a majority has adopted a principle, and has roused itself into an excitement upon it, from that day, independent judgment ends, except at the risk of being hung from a tree or shot in a street. The author may run riot on any theory of his own, but once let him speak the truth, in however temperate and earnest a manner, yet so that it grate with the views of a majority-and whether his name be Washington Irving, or Cooper, or Hildreth, from that day he is a black sheep with the populace. If the South were now to obtain the upper hand, they would probably extend Slavery all over the Union; the moment the North obtained it, they passed a Morrill tariff. The effect, indeed, of Jefferson's principles, of despotism vested in the populace, has been, to produce an utter disregard in all political affairs, of that great injunction, "Do unto others as ye would they should do unto you." We shall find, as we proceed, that in place of this, the principle of American politics at the present day, is-do what suits self at the moment, without thought of your fellow-citizens, or consideration for other countries. Whenever

and wherever this has come to be the case, the principle of political action is really a selfish despotism, whatever be its name or form.

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That, indeed, the true sense of liberty of opinion, has passed away, is but too plainly evidenced in what is now occurring. When a people look on with acquiescence, whilst the writ of Habeas Corpus is treated with contempt, whilst the police forbid petitions to the Government, in violation of an express right of the Constitution—whilst spies and eavesdroppers are taken into pay-women searched legislators imprisoned property confiscated-letters broken-telegrams seizedpassports ordered-whilst the offices of the press are gutted, and grand juries are urged to draw up presentments of those who differ in opinion-when all this occurs too, not in presence of an invasion, threatening the liberty of the land, but simply in view of an aggressive war to be waged at a distance there is ample evidence that, whatever may have been the love of liberty in other days, it has become a thing of the past.

During the Crimean war, there was in this country a period of great national anxiety, of sore perplexity, but of one overpowering resolve to maintain the reputation of the country. In the midst of this, there existed a peace party, a minute minority of able and earnest men, strongly opposed to the opinions of the vast majority, when those opinions were heightened by feelings the most inYet, had it been proposed to gag those

writers, to indict them as a nuisance, to send them to some Bastile-even though that Bastile should strangely bear the name of Lafayette-all know that every man would have come forward, not to support the opinions of the hour, or the policy of the Government, or the success of the war, but to the rescue of those great principles-free thought and speech-which we hold as rights, too solemn, to be played with by the humours of the hour. If the leaders of that party were now in the United States, and beheld the fate of those pursuing there a similar course, they would return from the study of these institutions on the spot, as travellers of all countries have ever returned-sadder and wiser

men.

In a recent publication in support of the Union, Mr. W. H. Channing writes thus: "But this conscience had been deadened, by the intoxicating influence of worldly prosperity, and boastful pride, with which the sudden expansion of the cotton and sugar interests, had drugged the commercial classes. The slave oligarchy of the South, and the capitalist of the North, the great planters and the great manufacturers, divided as they were on some points of policy, yet brought a concerted power to bear upon public opinion, until the mean law of mercenariness took full possession of political parties. The moral degradation that ensued was awful. *** The United States were thus presenting to Christendom the spectacle of a nation nobly born, purely bred, rarely privileged, even yet, in

its youth, sinking into decrepitude, and wasting away through political profligacy."

Here is a startling description of the moral effects of the Union, of the combination of North and South, working out sudden material prosperity, and such moral effects as these, on all the higher attributes of the nation. Let full allowance be made for the warmth of language, and the excitement of feeling, apparent in the terms-let them be reduced to the narrowest facts-still, we cannot believe that men of the highest integrity, bearing a most honoured name, would draw such descriptions, without truth, without reasonable and sufficient foundation for them. Such a condition of affairs, is so difficult to realize in this country, that it becomes necessary to weigh the facts that justify such a picture.

One of the objects of the Union, as stated in the preamble of the Constitution, was to "promote justice." How it has promoted it, as between the North and South, we shall subsequently examine. At present, let us see its effect on the administration of justice throughout the whole country. This, indeed, is one of the truest tests of any form of government, and probably nothing affects so directly the health of political society, as purity in the administration of justice. It is indeed in the execution of laws, that their excellence practically depends, for they are seldom inherently bad, they never inculcate vice, they become bad from corrupt or ineffective execution; and several of the most

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