Whether the eminent lawyer, who moved the inquiry, became dissatisfied with the slow progress of the commissioners, we are not informed; but we find in the last session of parliament that he again took the matter into his own hands, and presented, with distinctness, the outlines of his plan of reform, limited however both in its principles and in the district of country to be subjected to them, with the view, no doubt, of avoiding the charge of impracticability, which had formerly been urged upon him, but intending to extend them, if, on experiment, they were found useful. The remedy proposed by Mr Brougham for the existing evils of the common law, is thus described by a commentator. 'He has gone at once to the main body of the evil -the delay, the expense and vexation of justice, as at present administered; and he has, boldly, it must be confessed, propounded his remedy by a very sweeping change in the present system. But it appears manifest that the change is of no rash and unheeding kind; for it is bottomed upon the safest principles; it leaves all the rest of the law untouched; it connects itself with the system without moving it, and it has even a warrant of authority, not only in the minor analogies of that system, but in its original, we may say, its primeval arrangements. The gist of the plan is shortly stated. It is to bring justice home to every man's door, at all times of the year, by the establishment of local courts, and at the same time to secure soundness of decision, and preserve perfect uniformity of law, by giving the superintendence over the local judicatures to the central and general courts at Westminster.-In casting our eyes over the one hundred and seven sections of this bill, we cannot but think Mr Brougham has examined and approved some Americanisms,* which are perhaps more allowable in jurisconsults than philologists; but, although he has given no credit to us for anything which seems to have been borrowed, we are willing to allow * We are glad to hear that a recent order has been received in this country from England for about one hundred volumes of American Reports. Notwithstanding the eagerness with which the decisions of the courts in Westminster Hall are cited here, it is rare indeed that our own decisions are even referred to in the King's Bench. A little more attention to them would satisfy the English judges, that they might learn something in exchange for the light they lend us on the intricate paths of the law; and the commissioners, whether on the civil or criminal department, for whose use we suppose the foregoing order was transmitted, will probably find there are some improvements in our administration of justice, which, if their pride will stoop to borrow them, may promote the interest of their country. him great praise for other manifest improvements, which, as far as we are informed, are entirely original. It is impracticable, within the limits to which we must confine ourselves, to give any analysis of those improvements; nor does our plan require it. We advert to this splendid effort of a most eminent man, to show, that essential alterations of the common law are desirable and practicable; and that a zealous and intelligent application to it, would be likely to overcome the prejudices by which the system is in a great measure defended. We cannot however forbear to express our conviction, that the most novel part of the new plan, which establishes courts of general jurisdiction by consent, and courts of arbitration and reconcilement, intended to shorten litigation, to accommodate differences, and to prevent suits at law, are especially worthy of American legislators. It is not to be supposed that the projected system, carefully as it has been prepared, is yet so perfect as it may be made, or that by our remarks we mean to express entire satisfaction with every part of it. Thus far it seems to be the production of a single mind, a generous and noble benefaction of individual talent for public good. Other minds will add their contributions, and new light will be thrown on the path of improvement. But enough is done to show the futility of the ready objection, that the common law, as a system, cannot be essentially changed, in a country where it has been once established. We have left ourselves no room to discuss the other great subjects, which have been put forward by those who assume to be exclusively the working class, as deserving of change; to wit, the militia, taxation, monopolies, and the abrogation of all laws in regard to religion;-important and interesting topics, deserving each of them a consideration by itself, and on which we may possibly at some future time offer our reflections to our readers. At present, however, we can do no more than to give our own answer to the inquiry we have already made,— if all these matters require new modification, who is to make it? And we say, they must make it who understand the existing systems, and know how and where the remedy is to be applied. Who doubts the necessity of learning and talent and experience for this extensive work? Who would entrust so momentous a concern to any but the most enlightened, the most careful, the most prudent, and the most comprehensive minds? They who suffer an evil are not always the most competent to ; remove it. Any man may tell when his watch is out of order; but the artist who has studied its machinery, is alone able to repair it. We e may soon enough ascertain that our health is impaired, and know very well that the body requires medicine but he proceeds very thoughtlessly who ventures in extreme cases to administer to himself. The constitution of the state, the health of the body politic, the movement of juridical machinery, are not easier known, or managed with less nicety of touch. They can be adjusted only by hands of competent skill. We ask not to what profession or trade the mover of reformation belongs; but it is our duty to inquire whether his talents are adequate to the task, whether his education has given him the requisite information, and whether study and observation have enabled him to acquire the necessary skill. It will be said, perhaps, that honesty is as necessary as intellect, and that the most capable are the most adversely interested, and cannot be depended upon. So it was said of Mr Brougham, a scholar whose splendid talents are equalled only by the extent and range of his vast and various information, and whose information and talents combined are not more than equivalent to his political integrity;- a lawyer at the head of his profession, so constantly and lucratively and laboriously employed, that he could devote but one day to a canvass for a seat in parliament, on which day, if the newspapers are to be believed, he travelled one hundred miles, and made eight public speeches to different assemblies of his electors; a man who owes everything to his success in the profession to which he belongs, yet ready to take the lead in the grandest plans of improvement in education, in jurisprudence, in civil liberty, at whatever loss of personal emolument. But there is no loss to him, or men like him. Real intellectual greatness needs no aid from the abuses of antiquated systems. It derives none of its strength or vigor from the misfortunes and misery of its fellow beings. It stands erect in its own might, by its own energy, and by the favor of that Providence which has given it inspiration. Suspicion, and envy, and jealous mistrust are the vices of other minds, and they obstruct their own purposes. They prevent exertions, which men who have the power would most willingly make for the general good. They discourage effort by the imputation of bad motives. A better feeling must prevail, before any great improvement will be attempted; a more generous confidence must exist, before it can under any auspices be successful. Let such a temper prevail. Cultivate talents which are capable of great exertions. Cheer and encourage their exercise. Propose for their reward the gratitude that their merit is entitled to expect, and they will be found here, in these quiet departments of practical, unobtrusive utility, quite as abundant and as powerful, as when a nation's independence was to be declared in the hall of legislation, or her freedom to be maintained at the head of her armies. Our remarks, it will be seen, proceed on the supposition that society is to be maintained on its present basis. The revolution, which atheism or infidelity would introduce, requires different considerations and another style of argument—if indeed argument could properly be addressed to the fool who says in his heart there is no God. They who believe, or affect to believe, in the fortuitous creation of material and intelligent existence, who scoff at the idea of human accountability, who consider all law as injustice, all exclusive property as usurpation on common rights, and all family and domestic associations as absurd and unnatural, are to be dealt with, if at all, with different considerations. Such extravagance carries its own refutation in the innate character of man, and is put down by the power of all those affections and sympathies and kind feelings, which education developes in various degrees, but universally and invariably. The human mind, like a field, will, even under the best cultivation, produce tares as well as wheat. Such opinions are the rank growth of a soil, which is to be weeded, as well as tilled. They are stubble quickly consumed, while the fruit that is ripened by intelligence and truth, is gathered and preserved for the nourishment of the soul. ART. II.-The History of the Jews, from the Earliest Period to the Present Time. By Rev. H. H. MILMAN. New York. J. & J. Harper. 1830. 3 vols. 18mo. pp. 264, 298, 353. THERE is nothing more humbling than the history of prejudices, when they have ceased to awaken any feeling; and among all human prejudices, none have been more unreasonable and lasting than such as bear the name of religion. In ordi nary life it is sad enough to see them separate men and keep them asunder, thus resisting the social feeling which is one of the most important elements of our nature We feel that there must be a want of generosity in the breast that harbors and defends them, and that nothing can be done for moral or intellectual improvement till they are done away. But such prejudices grow alarming when they come armed with the authority of numbers. Then truth lies browbeaten and still, leaving its wrongs to be redressed by the reformer, Time. The prejudice passes from breast to breast, and from generation to generation. Though in the hearts of a few it was an obstinate and passive affection, in the hearts of many it grows savage, bloodthirsty, and revengeful. It soon forgets its first humble pretensions, and will not be satisfied till it bends the world to its power. Then prison doors begin to grate upon their hinges, and scaffolds to run with blood; no excellence can atone for some trifling mistake in opinion; man appears like an evil spirit exulting in the ruin he has made. Many a page of history is red as scarlet with its registry of religious prejudices, leading on to the worst of crimes. But we do wrong to call these religious prejudices. There is no religion in the matter. Men form opinions of religious subjects, as well as all others. These opinions are no more sacred than any other; they are often formed with even less deliberation. They are called religious, not because they are inspired by religion, but because they supply the place of religious principles and feeling. Men are constantly saying to themselves, Anything but obedience-anything but duty. We will believe the most positive contradictions; we will be converted, once for all, if that will answer; we will do anything and submit to anything, sooner than this weary, heart-breaking and hopeless labor of constantly regarding the divine will. And when they see this channel of prejudice open, one in which their passions may flow without censure, they seize the opportunity, and indulge them to the heart's desire, under the name of religion. Thanks to the growing light of the world, men are now beginning to discover, that, while conviction may make them firm in their own opinions, it is only selfishness that makes them interfere with those of others. Not only is this persuasion breaking down the barricades of different christian factions,—it reaches even to Jews, and beyond them to infidels, by teaching us, that, if we complain of the opinions of others, we are bound to examine This process, if conducted with tolerable fairness, our own. |