the violence of the great rebellion in piated their guilt on the scaffold. A England by the despotism of Crom- hideous combination murder, interestwell. But in America, not only is ing ten thousand combined workmen, there no reaction against such popular occurred at Glasgow in 1840; but the atrocities, or attempt to coerce them, murderers were hanged on the spot but the human mind is so debased by where the crime had been committed, the tyranny of the majority, that they in presence of a hundred thousand are not even complained of: they are spectators,* one half of whom had exhibited, not in an age of universal come there to effect a rescue. Let the ignorance and savage barbarity, but in Americans show instances in which the one of general instruction and boasted perpetrators of their Lynch murders, civilisation; the people are not the vic-or the leaders of the mobs who burned tims, but the authors, of these atrocities; their Negroes, were executed where and the reflecting few pass them over in their flames had been lighted, in pretrembling silence, like the stroke of Pro-sence of a majority sympathising with vidence, or the vengeance of an Eastern the criminals, and the British historians Sultaun, to which it is the only wisdom will be the first to clear the American to submit without a murmur. institutions from the charge of impo is only because she has no civilised neighbours in contact with her territory, except Great Britain, which has little interest to engage in the fruitless and enormous cost of Transatlantic warfare. But so inefficient is her force both by sea and land, owing to the invincible repugnance to taxation among her people, and the total want of foresight among the ruling multitude, that she rushed headlong into a war with Great Britain in 1812, with an army of six thousand men, and a navy of four frigates and eight sloops; and she could not prevent her capital being taken by an English division not mustering three thou 68. It can never be sufficiently en-tence against popular excesses, under forced that it is not the deeds of vio- which they at present labour. lence, cruel and frightful as they have 69. The system of government in been, of which their country has in the United States has been proved to recent times been the theatre, which be wholly unequal to the external seconstitute the real and peculiar re-curity of the nation. America, it is proach against the American charac-true, is still independent, and is rapidly ter and institutions. Deeds of atrocity extending in every direction; but that are common to them with all mankind. It is the irresistible weight of popular opinion which renders their condemnation rare, their punishment still rarer, if committed in the interest or in pursuance of the passions of the majority, which is the real disgrace. The American writers ask, What would the English say if their monarchical institutions were assailed because the Porteous mob, a century ago, took summary vengeance on an unpopular functionary on the streets of Edinburgh, or because the Reform transports terminated in the flames of Bristol and Nottingham, in 1831? The answer is obvious. They at once ad-sand five hundred bayonets. Baden or mit that these deeds were a disgrace to the country; they make no attempt to palliate or defend them; and they are the first to confess, that if such acts were to become frequent, and pass unpunished, they would cast an irremovable stain on the British character, and throw a serious doubt on the wisdom of British institutions. But Edinburgh was severely punished for the Porteous mob, though the immediate authors could not be discovered; and four of the principal Bristol delinquents ex Würtemberg would never have incurred a similar disgrace. If America were placed alongside of the European powers, she would be conquered in three months, if she did not alter her It was the Author's melancholy duty to carry into execution, as sheriff of Lanarkwhich was done with the utmost solemnity, shire, this just and necessary sentence, and produced a prodigious and most salutary impression. He never felt so strongly the immense effect of such solemn demonstrations that a government exists in the country. system of government. In 1840, she was all but at open war with Great Britain, and yet her army was only twelve thousand men, and her navy seven ships of the line, with a population of seventeen millions; being just the population of the British Isles at the close of the war with Napoleon. 70. True, these four frigates and eight sloops in 1812 did great things, and their crews evinced a valour and skill worthy of combating their ancient parent on the waves. But that only confirms the general argument. In democratic communities, measures of foresight are impossible to government, because the masses of whom it is the organ are incapable of looking before them, and never will submit to present burdens from a regard to future and remote dangers. Hence, while Philip was preparing his armament against Greece, which ultimately proved fatal to its independence, the Athenian democracy diverted the funds set apart for the support of the navy to the maintenance of the theatres; and introduced and carried the punishment of death against any one who should propose even their reapplication to their original destination. But energy unbounded is awakened in individuals by such institutions, and hence the great achievements which they often have effected with inconsiderable means. In despotic states, greatness is sometimes forced upon the nation by the vigour and foresight of the government, not-guard its avenues with a degree of care withstanding the general lassitude or unknown even in the aristocratic circles supineness of the community. In de- of London or Vienna. Externally, they mocratic states, greatness is often are plain in their dress; few carriages forced upon the government, despite are to be seen in the streets, considerits own weakness, by the vigour and ing the fortunes enjoyed; and the exspirit of the people. terior of their dwellings exhibits nothing to attract notice or awaken jealousy. It is in the interior of their mansions that they give a full rein to the luxury of wealth; all that riches can purchase of the elegant or costly is there displayed in profusion. Like the Jews in the days of Richard Coeurde-Lion, and from a similar cause, they are homely in external appearance, and gorgeous in interior display. The thirst for material enjoyments is universal, and more ardent than in any characters do from the sycophancy of courts and the precincts of palaces. It is extremely rare to see persons of large property who will, for any consideration, engage in public life. They retire into the bosom of their families, and leave open to bustling indigence or pliant ambition the path leading to power, distinction, and political honours. In public, these men profess the most unbounded admiration for popular institutions; they shake hands with every man they meet in the street; they are never to be seen on a platform that they do not utter sonorous periods on the virtue and intelligence of the people, the wisdom which is displayed in all their deliberations, and the incalculable blessings of democratic institutions. In private, they reveal, in confidence to those whom they can trust, and especially to strangers on the eve of departure, their decided conviction that the present system cannot much longer continue, and that a frightful revolution will ere long bury the rising splendour of North, as it has already done that of South America, in its ruins. 71. Ability of the highest kind has been rarely, if ever, called to the direction of affairs in America, since the democratic regime has been fully established by the general triumph of the popular over the Conservative party. Men either of great talents or elevated character are disgusted with the low arta and mob-flattery which are the indispensable passport to popular favour: they retire from all contest for office, as, in Eastern dynasties, similar 72. The wealthy classes, unable to overcome the jealousy with which they are surrounded, and obnoxious to the people merely because they are independent, and will not in general condescend to court them, have generally given up public life, and abandoned all contest for political power. They have taken refuge in exclusive society, and other country; in fact, it is the grand object of all classes. The reason is, that nearly all have at some period of their lives felt their pleasures, and most have known at other times what it is to want them. The disinterestedness sometimes seen in the highest European society is often founded on ignorance of the real evils of poverty. Great ability is the object of general jealousy to the people, especially if it is independent, when it is stigmatised as aristocratic. Democracy and aristocracy have an equal aversion to the highest class of intellect, and neither will in general call in its assistance except in the last extremity, and when no other means of salvation remain. The first is jealous of the power of mind, which it is unable to combat; the second of independence of character, which it cannot control. Pliant ability is what both desire. by the state legislatures, who are themselves nominated by the universal suffrage of the inhabitants. Their tenure of office is sometimes for four, sometimes for seven years; not generally for life. In appearance, therefore, the independence of the bench is, in a majority of the states of the Union, established on a tolerably secure basis; but the difference, and it is a vital one, lies here. Power in England resides in three branches of the legislature; in America, it is invested solely in oneviz., the people. Judges in Great Britain can be displaced only by the crown, on an address of both houses of parlia ment a union of the representatives of property and numbers, which can never take place except on a flagrant case of judicial iniquity, or the total prostration of our liberties. In America, they are in all the states liable to be removed by a vote of the two branches of the legislature, both of whom are elected by the people-that is, on the simple declared will of one interest in society, namely, the majority in numbers. 73. Judicial independence, though in appearance generally established, is in reality almost unknown in America; but integrity of judicial character is, to their honour be it said, universal. All the state judges, from the highest 74. In several states, their tenure of to the lowest, are virtually elected by office expires in six or seven years; in the people, and are liable to be dis- two states, in one. If their decisions placed by them; for they are appointed! are obnoxious to the feelings, however * In thirteen states the judges hold office during good behaviour, in eight others during periods of not less than seven years: in some instances these periods are from twelve to fifteen years. In two states they hold office but for one year. In but one instance they are appointed directly by the people, and they can never be removed by the direct action of the people. In thirteen states they are appointed by the legislatures; in twelve by the governors, with the advice of a senate or council. They are removable only by impeachment, or in some instances by an address of both branches of the legislature, for which usually the votes of two-thirds or three-fourths of the House must concur.-North American Review, No. 119, p. 394. The Author is happy, on this high authority, to correct an error into which he had fallen, in regard to the appointment of the judges in America, in his former editions; and at the same time to express his high sense of the liberal and impartial spirit, as well as distinguished ability, with which his work has been reviewed, and its opinions often combated, in that distinguished periodical. The following are the provisions on the subject of judicial tenure in the different states of the United States : excited, of the multitude, they are sure of the counsel, and their station in life not to be re-elected. The highest tal-inferior. This appears in the clearest ent at the bar rarely, from this cause, manner from the amount of the salaries condescends to accept judicial situa- paid to these functionaries, which, even tions; and consequently the ability of in the highest stations, never exceeds the bench is generally unequal to that £1200, and in the local judicatures IV. VERMONT. Tenure of Office. How Removable Supreme Judges, Good behaviour. ( Governor on address V.-RHODE ISLAND. Do. Supreme Judges, Good behaviour. ( Governor on address Justices of Peace, VI-CONNECTICUT. Supreme Judges, VII.-NEW YORK. Supreme Judges, Justices of Peace, IX. PENNSYLVANIA. X-DELAWARE. Supreme Judges, XL-MARYLAND. Do. Good behaviour. Good behaviour, Seven years. Fifteen years. Terms of Ten and Five years. of Legislature. 6. Impeachment by As- { Governor on address By Governor on ad Good behaviour. dress of two-thirds of both Houses. Governor on address Governor on address Good behaviour. ( Governor on address of Do. On Impeachment by Governor on address Governor on address By Senate on address By Senate on address Const. New York, art. v. § 1, 3, and Const. New Jersey, § 12. Const. Pennsylvania, art. v. § 2. Const. Delaware, art. vi. § 14, 23. Art. ix. amendment of Const. Const. Virginia, art. iii. § 12, and v. § 1 and 2. Const. North Carolina, art. iii. § 1, 2, and 3, Orig. Con. Const. South Carolina, art. 5, § 1. Const. Georgia, art. iii. § 1 and 4. Const. Kentucky, art. iv. § 3. Const. Tennessee, art. vi. § 2, 3, 4. Const. Ohio, art. iii. § 8, 11. F even of the greatest states, seldom | after the first outbreak of the Revolureaches £500 a-year." But although tion, yet no suspicion attaches to their these important functionaries hold judgments; and justice is impartially their offices during the pleasure of a administered, in questions at least belegislature elected by a mere majority tween man and man, except perhaps in of numbers, as was the case in France a very few political cases, on the bench. XIX.-INDIANA. Supreme Judges, XX.-LOUISIANA. Supreme Judges, XXI.-MISSISSIPPI. Supreme Judges, XXII. ILLINOIS. Supreme Judges, Good behaviour. (Governor on address Justices of Peace, XXIII.-ALABAMA. Supreme Judges. XXIV.-Missouri. Supreme Judges, XXV.-MICHIGAN. Supreme Judges, XXVI.-ARKANSAS. Supreme Judges, Do. of two thirds of both Governor on address Governor on address Two-thirds of Senate Two-thirds of Senate * Salaries paid to judges supreme and inferior in America: Chief Justice of Supreme Court, Authority. Const. Indiana, art. iii. § 23, art. V. § 4. Const. Louisiana, art. iv. § 5. Const. Illinois, art. vi. § 5. Const. Alabama, art. v. § 13. Const. Missouri, art. v. § 13, 16, 17. Const. Michigan, art. ii. § 6, and viii. § 2, 3. Const. Arkansas, art. iv. § 26, 27, and art. vi. §7, 10. Dollars. Connected with this subject there is a very curious fact, indicative of the opposite effect, yet springing from the same motive at bottom in society, of aristocracy in Europe and democracy in America. It is mentioned by Tocqueville, and the same fact is also attested by Chevalier, that while the greater appointments in America are not paid at so high a rate as a tenth, or sometimes a twentieth part of what the same class of officers in Europe receive, the inferior class of functionaries draw often three, sometimes five times as much as their brethren on this side of the Atlantic. The President of the United States has six thousand a-year, and the highest judge in the republic twelve hundred; but a common sailor has five pounds a-month, and a sheriff-officer or macer from fifty to a hundred pounds a-year. In Great Britain, the sovereign has two hundred thousand pounds a-year for the privy purse, exclusive of the civil list, which constitutes no part of the royal expenses; and the highest judges ten or fifteen thousand. But the common sailor has one pound fifteen A-month, besides his allowances and rations, which may amount to as much more, and the |