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far more adapted to exposition than country. The revolution, executed in attack, found no scope ; his moderation the name of the masses, had stirred kept him unnoticed among men more among those masses only a feeling of bold, more captious, or more unscrupu- dull distrust and languid fear, hardly lous than himself : altogether, he gained chequered by a little vague hope and respect, rather than influence, and came curiosity. Had the Provisional Governto be considered rather as a useful ad- ment had any real work to do, any deviser than a capable leader.

sired social improvement to effect, it The Revolution of 1848 came. Toc- might have regained public confidence. queville had predicted a similar event But, as it was unable at all to countera month before, but he was not deceived balance the necessary evils of a revoluas to its factitious nature. The more we tion, while it shewed marked incompeexamine this “sham Revolution," the tence in the ordinary business of admi. more perfect an instance it appears of nistration, affairs grew daily and worse. the irony of history. Never were causes The peasant proprietors of France, to more disproportionate to effects. It was whom appeal had to be made, have the the mere sound of the names “ French” ordinary characteristics of their class. and “Revolution” combined that shook They are well-meaning and intelligent, the thrones of Europe ; the resemblance but selfish and narrow : very shrewd on between the different movements of the all matters within their ken, very ignoyear is thoroughly superficial. The cry rant upon all without; entirely absorbed for social reform at Paris is echoed by a in their individual struggle for prosperity, cry for national union at Berlin, a cry and desiring peace, order, stability, above for national independence at Pesth and all other goods. They had never appreMilan ; and this Parisian cry for social ciated the advantages of government by reform was steadily repudiated by France. parties : before the close of 1848 they “The nation,” says Tocqueville, in a were decidedly prejudiced against it, and letter to Mr. Grote, “did not wish for longing to repose on one strong arm. a revolution, much less for a republic.” Such were the men to whom universal And he argues, “ That the whole of the suffrage confided the fate of France. year 1848 has been one long and pain. It is melancholy to follow, under Toc“ ful effort on the part of the nation to queville's guidance, the details of the “recover what it was robbed of by the long death-struggle of French freedom. “surprise of February.” He shows that He had the pain of seeing clearly the it was only by a decision and rapidity present and future evils, while toof action worthy of a better cause that tally unable to heal the one or prevent the house of Orleans contrived to lose the other. Even had he possessed more the throne. The monarchy yielded to influence, his peculiar talents were hardly an émeute far less formidable than that fitted for such troublous times : he would which the feeble and ephemeral Provi- always have shrunk from the slightest sional Government quelled in June. violation of forms, though hampered by Tocqueville describes, from his own ex- one of the worst constitutions ever perience, how an hour's delay might framed, and face to face with an unscruhave saved it.

pulous foe. In truth, the struggle was With a heavy heart, but with un- most unequal. On the one side were diminished zeal, Tocqueville addressed the débris of old parties, disunited by himself to the task of supporting the long habit, disorganized by the entire republic. Grieved and disgusted as he change in their position, stunned by the was with the Revolution and the follies rapid succession of political shocks, conof the Provisional Government, he saw fused by the working of their new conin the Republic the last chance of con- stitution, vacillating between the desire stitutional freedom. He was not slow to deal fairly with their President and in estimating how fatal a wound the the desire to protect themselves from his distrusted by the nation. To the un- of the state of moral isolation in which certain and inconsequent action of this he finds himself: that his contempoheterogeneous body, Louis Napoleon op- raries have ceased to care for what he posed an egotism pure and simple, a calm still loves passionately : that they solace and complete self-confidence, chequered themselves for its loss with tranquillity by no doubts, and hampered by no and material comfort, while he is destitute scruples. The constitution brought him even of sympathy in his sadness—syminto continual collisions with the Assem- pathy, which was to him almost a necesbly, in which he had all the advantage sity of life. It moved him especially to given by singleness of will and purpose. see the coldness with which England, the The patience and dissimulation which nurse of liberty, looked on the enslavehis exile had sufficiently taught him were ment of France : the arrogant contempt all he required for the development of his countrymen, as though unworthy He had but to profess the profoundest to be free, or even happier as slaves : unselfishness, and seize every oppor- the selfish indifference at the tyranny, foltunity for self-aggrandizement: he could lowed in a year or two by blind approval thus, while gradually consolidating his and applause of the tyrant. “Et tu, own power, and bringing the Assembly Brute," is the tone of several of Tocqueinto contempt, contrive always to be or ville's later letters to England. appear in the right. Perhaps the great Reduced to political inaction, Tocqueest blot in his selfish policy was the dis- ville adopted the only method left him missal in October, 1849, of the ministry of serving his country. · He chose a in which Tocqueville held a portfolio. period of the past, fraught with instrucThe step was necessary for his ends: tion for the present, and devoted to its but it was impossible to find a plausible study all the powers of his ripened intelexcuse for it. The ministry had passed lect. The result of this work, the volume successfully through a period of great on “L'Ancien Régime,” is but a fragdifficulty: and, as Tocqueville says, there ment : yet it shows a decided improvewas actually a danger of constitutional ment on his former book, both in style government again becoming popular and matter, and is equally likely to have Imperialist writers tell us, that “ the an enduring reputation. From the midst “ elected one responded to the national of this work he was snatched away by a “ wish that he should have more freedom sudden illness, in the spring of 1859. He “ of action”-a reason at once felicitous left behind him, besides his writings, an and frank.

example bright in itself, and especially At length Tocqueville's worst expec- valuable to the present generation—the tations were realized by the 2d of De- example of one who combined the merits cember. He was at his post in the Na- of the man of thought and the man tional Assembly on that day : and from of action ; of one who, possessing all a letter he wrote to the Times soon after the graces and refinements of modern (republished in the English edition), civilization, its enlarged knowledge, its supplemented by his conversations, we enlightened moderation, its universal get a vivid idea of those memorable tolerant philanthropy, yet fashioned scenes. The noble indignation he ex- his life according to an ideal with presses in the letter at that signal out- mediæval constancy and singleness of rage to law and liberty, was shared by purpose, and displayed a passionate pamany : but there were few who mourned triotism and an ardent love of freedom its effects so deeply and so long He worthy of a hero of antiquity. complains affectingly in his later letters

far more adapted to exposition than country. The revolution, executed in attack, found no scope ; his moderation the name of the masses, had stirred kept him unnoticed among men more among those masses only a feeling of bold, more captious, or more unscrupu- dull distrust and languid fear, hardly lous than himself: altogether, he gained chequered by a little vague hope and respect, rather than influence, and came curiosity. Had the Provisional Governto be considered rather as a useful ad- ment had any real work to do, any deviser than a capable leader.

sired social improvement to effect, it The Revolution of 1848 came. Toc- might have regained public confidence. queville had predicted a similar event But, as it was unable at all to countera month before, but he was not deceived balance the necessary evils of a revoluas to its factitious nature. The more we tion, while it shewed marked incompeexamine this “sham Revolution," the tence in the ordinary business of admimore perfect an instance it appears of nistration, affairs grew daily and worse. the irony of history. Never were causes The peasant proprietors of France, to more disproportionate to effects. It was whom appeal had to be made, have the the mere sound of the names “ French” ordinary characteristics of their class. and “Revolution" combined that shook They are well-meaning and intelligent, the thrones of Europe ; the resemblance but selfish and narrow : very shrewd on between the different movements of the all matters within their ken, very ignoyear is thoroughly superficial. The cry rant upon all without; entirely absorbed for social reform at Paris is echoed by a in their individual struggle for prosperity, cry for national union at Berlin, a cry and desiring peace, order, stability, above for national independence at Pesth and all other goods. They had never appreMilan; and this Parisian cry for social ciated the advantages of government by reform was steadily repudiated by France. parties : before the close of 1848 they “ The nation," says Tocqueville, in a were decidedly prejudiced against it, and letter to Mr. Grote, “did not wish for longing to repose on one strong arm. a revolution, much less for a republic.” Such were the men to whom universal And he argues, “That the whole of the suffrage confided the fate of France. “year 1848 has been one long and pain. It is melancholy to follow, under Toc“ful effort on the part of the nation to queville's guidance, the details of the “recover what it was robbed of by the long death-struggle of French freedom. “surprise of February.” He shows that He had the pain of seeing clearly the it was only by a decision and rapidity present and future evils, while to. of action worthy of a better cause that tally unable to heal the one or prevent the house of Orleans contrived to lose the other. Even had he possessed more the throne. The monarchy yielded to influence, his peculiar talents were hardly an émeute far less formidable than that fitted for such troublous times : he would which the feeble and ephemeral Provi- always have sbrunk from the slightest sional Government quelled in June. violation of forms, though hampered by Tocqueville describes, from his own ex- one of the worst constitutions ever perience, how an hour's delay might framed, and face to face with an unscruhave saved it.

pulous foe. In truth, the struggle was With a heavy heart, but with un- most unequal. On the one side were diminished zeal, Tocqueville addressed the débris of old parties, disunited by himself to the task of supporting the long habit, disorganized by the entire republic. Grieved and disgusted as he change in their position, stunned by the was with the Revolution and the follies rapid succession of political shocks, conof the Provisional Government, he saw fused by the working of their new conin the Republic the last chance of con- stitution, vacillating between the desire stitutional freedom. He was not slow to deal fairly with their President and in estimating how fatal a wound the the desire to protect themselves from his distrusted by the nation. To the un- of the state of moral isolation in which certain and inconsequent action of this he finds himself: that his contempoheterogeneous body, Louis Napoleon op- raries have ceased to care for what he posed an egotism pure and simple, a calm still loves passionately : that they solace and complete self-confidence, chequered themselves for its loss with tranquillity by no doubts, and hampered by no and material comfort, while he is destitute scruples. The constitution brought him even of sympathy in his sadness—syminto continual collisions with the Assem- pathy, which was to him almost a necesbly, in which he had all the advantage sity of life. It moved him especially to given by singleness of will and purpose. see the coldness with which England, the The patience and dissimulation which nurse of liberty, looked on the enslavehis exile had sufficiently taught him were ment of France : the arrogant contempt all he required for the development of his countrymen, as though unworthy He had but to profess the profoundest to be free, or even happier as slaves : unselfishness, and seize every oppor- the selfish indifference at the tyranny, foltunity for self-aggrandizement : he could lowed in a year or two by blind approval thus, while gradually consolidating his and applause of the tyrant. “Et tu, own power, and bringing the Assembly Brute,” is the tone of several of Tocqueinto contempt, contrive always to be or ville's later letters to England. appear in the right. Perhaps the great- Reduced to political inaction, Tocqueest blot in his selfish policy was the dis ville adopted the only method left him missal in October, 1849, of the ministry of serving his country. · He chose a in which Tocqueville held a portfolio. period of the past, fraught with instrucThe step was necessary for his ends : tion for the present, and devoted to its but it was impossible to find a plausible study all the powers of his ripened intelexcuse for it. The ministry had passed lect. The result of this work, the volume successfully through a period of great on “L'Ancien Régime,” is but a fragdifficulty: and, as Tocqueville says, there ment : yet it shows a decided improvewas actually a danger of constitutional ment on his former book, both in style government again becoming popular and matter, and is equally likely to have Imperialist writers tell us, that “the an enduring reputation. From the midst “ elected one responded to the national of this work he was snatched away by a “wish that he should have more freedom sudden illness, in the spring of 1859. He “ of action"-a reason at once felicitous left behind him, besides his writings, an and frank.

example bright in itself, and especially At length Tocqueville's worst expec- valuable to the present generation—the tations were realized by the 2d of De- example of one who combined the merits cember. He was at his post in the Na of the man of thought and the man tional Assembly on that day : and from of action ; of one who, possessing all a letter he wrote to the Times soon after the graces and refinements of modern (republished in the English edition), civilization, its enlarged knowledge, its supplemented by his conversations, we enlightened moderation, its universal get a vivid idea of those memorable tolerant philanthropy, yet fashioned scenes. The noble indignation he ex- his life according to an ideal with presses in the letter at that signal out- mediæval constancy and singleness of rage to law and liberty, was shared by purpose, and displayed a passionate pamany : but there were few who mourned triotism and an ardent love of freedom its effects so deeply and so long He worthy of a hero of antiquity. complains affectingly in his later letters

A SLICE OF SALMO N.

BY HERBERT F. HORE.

LORD DERBY remarked lately that he hardly knew a session of parliament without its Salmon Bill. No fewer than three bills of this class were brought forward during last session : each of the Three Kingdoms appealing to senatorial wisdom to improve the laws of salmon fishing.

This tentative legislation is as ancient as it is incessant, dating so far back as Magna Charta, which forbade the use of the apparatus of that rude age for taking salmon in rivers. Of late years, salmon fishery legislation has proved successful to a considerable degree in the instance of Ireland ; and it will be but justice to Great Britain that “Green Erin of Streams " shall not have the monopoly of any valuable law. The present move ment in the question under consideration is based on the proposal to adapt the Irish system to the British and Scottish river fisheries.

Obviously, legislation about the salmo salar has been unceasing because of the uncertainty and, therefore, the errors and controversies respecting both the habits of the animal and the best modes of taking it: for, owing to the general ignorance of the natural causes on which production of this fish depends, our laws concerning it were made, on some points, antagonistic to nature ; and, moreover, the lawyers, on whom the framing of the enactments devolved, seem to have thought more of preserving rights in private piscaries than of preserving and increasing the brood of salmon for the benefit of the public. Again, the antagonism of the sea salmon fishery interest to the river one increased the confusion, by contradictory statements. Thus, some savans on the one side styled the salmon a sea fish, because it feeds in salt water—though, on the same principle, a Highland stot, bred in

might be called an English bullock. Narrowly viewed, the quarrel closely resembles the famous fabled dispute as to the oyster, being a question as to right of property in a fish; and, thus regarded, is seen to lie in a nutshell, which, however, is hard to crack. For, in point of fact, and therefore of law, a salmon is no man's property until it is caught. It is one of the ferve naturæ. According to Gaelic law, every unmarked animal was considered wild, and as such free and fair game. English law, from the time of the Great Charter, has always favoured the natural law of freedom, which is manifestly best adapted for the multiplication of the creature under contemplation; and that law refused to consider even river fishes as annexis or connexis terræ, or to sanction an exclusive right to them. The justice of this abstention from giving a personal title to what may be called aquatic gameunattached to land—is so clear that one hardly need support it by adducing the analogy that a partridge cannot be said to be a natural pertinent of water. The fish's power of motion gives her a freedom analogous to that of the bird's—for, at every swell of the river, unless a very trifling one, she moves upwards nearer the spawning places; so that no landowner on a river like the Tweed, the Shannon, or the Severn, can reckon upon preserving his particular part of the stream. By no stretch of prerogative can a landlord, as owner of the soil which forms the bed of an unnavigable river, be deemed proprietor of the finny tribes within his limits of the superincumbent water; and there is not even an amphibious claim to them when they are found wherever the public can fish from a boat.

For the present, however, we do not propose to dwell on this minor matter

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