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speed and power of the process from which they emanated.

"One of these," says D'Aubigné, "was the son of a tailor, named Hans Sachs; and was born at Nuremberg, 5th November, 1494. He was named Hans after his father, and made some progress in his studies, when a severe illness obliging him to abandon them, he applied himself to the trade of a shoemaker. Young Hans took advantage of the liberty this humble profession afforded to his mind to search into higher subjects better suited to his inclination. Since music had been banished from the castles of the nobles, it seemed to have sought and found an asylum amongst the lower orders of the merry cities of Germany. A school for singing was held in the church of Nuremberg. The exercises in which young Hans joined opened his heart to religious impressions, and helped to excite in him a taste for poetry and music. However, the young man's genius could not long be confined within the walls of a workshop. He wished to see that world of which he had read so much in books, of which his companions had told him so much, and which his youthful imagination peopled with wonders. In 1511 he took his bundle on his shoulder and set out, directing his course toward the south. The young traveller, who met with merry companions on his road, students, who were passing through the country, and many dangerous attractions,-soon felt within himself a fearful struggle. The lusts of life and his holy resolutions contended for the mastery. Trembling for the issue, he fled and sought refuge in the little town of Wels in Austria, where he lived in retirement and in the cultivation of the fine arts. The Emperor Maximilian happened to pass through the town with a brilliant retinue. The young poet was carried away by the splendour of bis court. The prince received him into his hunting establishment, and Hans again forgot his chambers better resolutions in the joyous of the palace of Insbrück. But again his conscience loudly reproached him. The young huntsman laid aside his glittering uniform, set out, repaired to Schwartz, and afterwards to Munich. It was there, at the age of twenty, he sung his first hymn to the honour of God,' to a well-known chant. He was loaded with applause. Every where in his travels he had occasion to notice numerous and melancholy proofs of the abuses under which religion was labouring. On his return to Nuremberg, Hans married and

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him as a poet, and which he now no
longer searched for pictures and music,
but for the light of truth. To this sacred
truth he soon dedicated his lyre. From
an humble workshop, situated at one of
the gates of the imperial city of Nurem
berg, proceeded sounds that resounded
through all Germany, preparing the minds
of men for a new era, and every where
endearing to the people the great revolu
tion which was then in progress. The
spiritual songs of Hans Sachs, his Bible
in verse, powerfully assisted this work.
It would be difficult to say to which it
was most indebted - the Prince Elector
of Saxony, Administrator of the Empire,
or the shoemaker of Nuremberg."

Circumstance after circumstance in
succession converged to a point. A
crisis was universally felt to be at
hand. New quarters of the world
were then for the first time un-
folded; the art of printing, trans-
mitting opinions mightier than ar-
mies, was discovered; the papacy was
unveiled; and men's minds became
alive to a sense of the wrongs hea-
ven and earth had suffered from a
colossal conspiracy against the glo-
ries of the one and the rights of the
other. Popes preaching the worst
chicanery of courts and churches,
notorious as the chanceries in which
sin obtained license and the sinner a
shelter, all needed a thorough puri
fication, and all announced as at hand
a tremendous upshot. The good
wept, the timid shrunk, the cautious
"Whence was the
kept neutral.
stroke to come that should throw
down the ancient edifice and call up
a new structure from the ruins?"
No one could answer this question.
Who had more wisdom than Fre
deric? Who had more learning
Who had more
than Reuchlin ?
Who had
talent than Erasmus ?
more wit and energy than Hütten?
Who had more courage than Sicken-
gen? Who had more virtue than
Cronberg? And yet it was neither
Frederic, nor Reuchlin, nor Erasmus,
nor Hütten, nor Sickengen,
Cronberg. Learned men, princes,
warriors, the church itself, all had
undermined some of the old founda
tions, but there they had stopped,
and nowhere was seen the hand of
power that was to be God's instru-
ment. However all felt that it would
Some pretended to

nor

seeing the miserable state of religion, foretold the near approach of antichrist; others presaged some reformation at hand-the world was in expectation. Luther appeared!

The history of this event, and of him who is its most conspicuons figure, is eminently fitted to shew the futility of attempting to meet that thirst after something-which men begin more extensively at this moment than for a century past-by form, or ceremony, or any of those other things by which Christendom, was smothered in the fifteenth century. We agree with Mr. Newman most heartily, that there is a stretching toward something in all men's minds, a dissatisfaction with the present, and a panting toward something which seems to be embosomed in the future. That something is not in the Church of Rome, nor have the Oxford tracts touched its very skirts. The something comes. It is the rushing from afar of His chariot-wheels that awakens the souls of men and constitutes one of the awful signs of the times. The "something" admitted by Mr. Newman after which earth groans and thirstswhich he tries to lull and deadenwe say it deliberately and solemnly -is "the All and in All." It has struck us forcibly that there is much of parallel between the time that immediately preceded the Reformation and the days in which we now live - much common much in the one that seems to type out the other. Let us endeavour to trace these signs of the times. Let us, after our review of the processes that prepared the earth for its reformation in the sixteenth century, look briefly into those intermingling elements and startling facts that powerfully distinguish the times in which we live.

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Rapid changes take place in every department of human life, and society at large appears to heave with earnest and ceaseless activity. The lethargy in which our forefathers spent their existence has been rolled away; and in its place we behold a restlessness, as if all humanity were convulsed by some universal and great paralysis.

Institutions are explored with inquisitorial research. Opinions stereotyped to a former generation are broken up and tested by a new analysis, or measured on a maturer experience; and mighty systems that reached our age accompanied by countless testimonies prophetic of their immortality, have been broken up and reconstructed or cast away. There is an insatiable and not unfrequently a morbid thirst every where. A feverish uneasiness is wide spread, and on the increase where ever we meet the elements of society, or trace the operations of man. We confess we are not disposed to augur evil results from this striking fact; rather we prognosticate the greatest good. We see in the breaking up of all ancient things, and in the disorganisation of the most hoary monuments of earthly grandeur, the process necessarily preliminary to the erection of that temple, constructed of precious and living stones, whereof the many mansions shall be ever vocal with songs of undying sweetness. We see already in the stirring of the waters of the world the shadow of the descending angel, who is to impregnate them with healing. We dare not approve the course or propose for imitation the conduct of those who identify destruction with amelioration, and believe that the pathway of the Goth is that alone on which monuments of immortality can be raised. This were to lend the sanction of sacred precept to practices that need restraint rather than incentive. Without being guilty of this, we may trace the analogies of history, the ordinary procedure of God, and the coincidences of the day we live with those records, we can plainly decipher on the page of ancient prophecy. Or if we abstain by a wise and wary decision from fixing dates and pronouncing certain present events to be fulfilments of prophecies wrapt in the mysteriousness of 2000 years, there is no reason to abstain from gathering together the signs and characteristics of the age, and rendering these fixed and visible to all,

492

M'LEOD'S CASE.

Of all the various definitions given of "international law," we are inclined to think that of Montesquieu the most humane, as well as the best. He defined it, if we remember aright, to be the law which obliged nations to do one another most good in time of peace and the least injury in time of war, consistent with their true interests. This we maintain to be the definition of international law, and one which, if exactly observed, would do more towards civilising the human race than any partial code however learnedly complicated.

We have

long been of opinion, that with the
progress of international law we may
trace also a corresponding ameliora-
tion in mankind, and when that law
shall be perfect, and some bond of
union established amongst all na-
tions, rendering its observance im-
perative, we shall see fewer wars,
nor have to deplore the civilisation
of our race retarded by all their at-
tendant demoralising horrors. Great
steps have been made within the
last century towards the establish-
ment of some such code, which all
independent states shall be bound to
obey; and we do not think ourselves
too sanguine in deeming that science
as yet merely in its infancy, and
therefore always witness with concern
any retrograde march in the perfec-
tion of such law, as we see in such a
catastrophe a retrograde movement
likewise in the improvement of man-
kind.

Yet, whilst we may regret, we cannot wonder at, the imperfect state of international law, even in the nineteenth century; for when we consider how difficult it is to frame a constitution for a single state, need we wonder at the slow progress heretofore made in framing that which is in a manner a constitution for the whole world? Separate independent states are to one another originally but what individuals, who have surrendered nothing of their natural liberty to establish a government among themselves, are to one another

2 living in state of nature.

down by any other. Every treaty, every convention between themselves, every law which long usage and custom has sanctioned, are so many surrenders of portions of their natural liberty for the purpose of the better securing the remainder, as well as procuring many advantages which they could not otherwise have obtained. All such treaties, or customs, are consequently so many steps towards a sort of government amongst nations, as in a single state all such surrenders of the license of its component individuals are advances towards public freedom. The impossibility of any permanent happiness or security being enjoyed by individuals when merely living in a state of nature led quickly to the formation of regular governments; whilst, on the other hand, when separate nations were once thus formed, it required a more enlarged and abstract view to perceive that the happiness of nations, as well as of individuals, would be advanced by forming a sort of government for them also. Motives of ambition and policy, variety of climate and habits, distance and want of similarity of interests, as well as no pressing immediate necessity, have been the chief causes which have prevented independent states from ever uniting to establish a code by which they might agree to be governed in their rela tions with one another. The vast extension of commerce, the commingling of interests, and the gradual annihilation of space and distance by newly discovered powers, which have now become to man what wings are to birds, an ornament, a necessity, and a use, are gradually bringing nations nearer, as it were, to one another, and thus creating an urgent occasion for the establishment of some law which shall be superior to all. The hunter who roams in freedom the boundless prairie, or the solitary tenant of a desert island, need no law but that which nature gives. Place a family, however, on that island, and immediately the pa authority is felt and acknow

felt. The families of the far west obey their chief, and those of the desert their scheik. Add yet more to their numbers, and we find them forced to form themselves into monarchies (mixed or absolute), aristocracies, or democracies, as chance or design originally ordains. Bring these several states into yet closer contact, and you have a family of states, as you before had of individuals, and the necessity immediately arises for a chief amongst them. That chief is the law of nations. Every day that contact is becoming yet closer and closer, and consequently the necessity for enlarging and perfecting that law which is to govern them all increases in proportion. It is, therefore, we find that in the last century more progress has been made in establishing some general code paramount to that of any one separate state, than in any three preceding, precisely because in that century the relations of the various states have drawn them nearer to one another, and the inventions of philosophy have infinitely extended the facilities of intercourse. There can be no longer such an anomaly as an isolated individual in the great family of the world. But though much has been done, more remains to be done. Useful laws with regard to navigation, war, neutrality, and treaties, are now adopted by the leading powers of both hemispheres, as binding on all. Yet another great step remains to be taken-means to he provided for giving those laws a sanction by a union so powerful, that no single state dare infringe what it in common with all has agreed to observe, without experiencing the futility of such an attempt, and suffering whatever penalty may be attached to such conduct. In a wellgoverned individual state no subject can say when he pleases, "I abjure alike the benefit and the restraint of the laws, and, retracting that portion of my natural liberty which I had surrendered to the commonwealth, return to the state of nature." Such language would have little weight, for, as it has been well said,

nemo potest exuere patriam;" he is born clad in his country's laws, as surely as in his own skin. Yet at present the law of nations is so little settled, or we should rather say, has

so weak an executive to enforce its sanction, that we frequently see different countries, as their interests vary, voting most opposite rules as the guide to all, and enforcing its own law of nations so far as it may have power to do so. Need we remind our readers of the conflicting decisions of Russia, America, France, and England, on the great question of the right of search in the last war. We repeat that the great desideratum for the perfection of an international code is to give to it an executive sufficiently strong to enforce its decrees, and that can only be accomplished by a union of the majority of the strength of the world for the benefit of all. No war can then arise on any international question, if that union be sufficiently powerful, for there would then be a fixed code, by a reference to which all quarrels on such points would be necessarily decided. When we re

flect that no war can well arise except from some nation infringing a clear right of another, we may imagine of what benefit such a tribunal would be to the whole human race. We have not sufficient vanity to lead us to propose any plan by which a scheme so extensive could be completed; but firmly believing as we do that no greater benefit could be conferred on mankind, and feeling that the increasing necessity for some such system must at last originate it, we regard with great concern any misunderstanding likely to confuse the clear principles of international law, or afford a faulty precedent, which may hereafter be perverted to the dangerous service of designing ambition. Interested in the subject as we are, we would as soon see an erroneous decision on the roll at Westminster, as a foul precedent in the great code of nations. It is therefore that we feel a peculiar interest in M'Leod's case, because it has been argued chiefly on principles of international law; and by the length of time it has been pending, as well as the great interests it involves, has attracted universal attention. A false step, therefore, taken in it, or a wrong principle established, would consequently retard more or less-though we are confident, if the world lasts sufficiently long, nothing can prevent finally—that consumma

tion which we so devoutly wish accomplished, and to which every day brings us slowly nearer. We shall therefore make some observations on this highly interesting case, apologising first to our reader for detaining him so long with our preface, if he be not one "of soul congenial to our own."

Before we can argue a point we must first state the case; and it is as well that we should put into a connected form facts, which are scattered over so long an interval of time, and which, when merely read by unconnected shreds and patches in the daily journals, are apt either to slip from the memory, or convey an erroneous or incomplete impression. As our space is limited, our statement must be brief.

In the year 1837 the disputes which had so long prevailed between the English settlers and the revolutionary party of the French Canadians, headed by Papineau, eventuated in a partial rebellion; which taught at least the instructive moral, that a leader may desert his party when he finds that rebellion can be accompanied with danger. It is not our present object to enter into a history of that contest, the successful termination of which is due mainly to the loyalty of the English yeomen, and the energetic talent of the then Sir John Colborne. Let us proceed, however, to consider how affairs sped in Upper Canada, where was laid the first scene of a drama which as yet we hardly know whether to designate a tragedy or comedy. In Upper Canada the population, chiefly an agricultural race of hardy yeomen, amounted to nearly half a million. From the latter end of October, 1837, many of the French Canadians in Lower Canada had been in open rebellion, yet it was not till the 4th of December of the same year that any disturbance took place in the adjoining upper province; and in three days the militia, headed by Sir Francis Head, dispersed or captured the entire body of rebels, unaided by a single company of her majesty's forces, and without the loss of even one man. We request the reader to keep this important fact in mind, as it clearly establishes the point that the province of Upper Canada had no wish for revolution-that they

were perfectly contented with the government under which they lived, and determined also to put down any attempt to subvert it. The abortive effort made by the revolutionary party, and which was quelled in a few days by the loyal inhabitants, unaided by aught save their own true hearts and stout arms, was consequently succeeded by a repose as profound as though no rebellion existed in an adjoining province, or had been attempted in their own. "In about a week," says Sir Francis Head, in his despatch of January 8, 1838, to Mr. Fox, “perfect tranquillity was restored, and from that moment not a man had been seen in arms against the government in any part of the province, with the exception of" the very thing to which we beg the reader's attention.

McKenzie, who had in vain sought to excite an insurrection in Upper Canada, escaping to Buffalo, on the American side of the river St. Lawrence, which separates the province of Upper Canada from the state of New York, and connects with its stream the great lakes Ontario and Erie, soon found amongst the Ame rican population of that town many who had nothing better to do than sympathise with him, on account of his failure to convince a contented people that their own government was a bad one. To use once more the words of Sir Francis Head"A number of American citizens in Buffalo, and other towns on the frontier of New York, enlisted as soldiers, with the avowed object of invading Canada and establishing a provisional government. Public meetings were held to forward this design of invading a country with which the United States were at peace. Yolunteers were called for, and arms ammunition, and provisions, were supplied by contributions openly made." To this statement must be added, that the insurgents at Detroit and various other places found means to supply themselves with arms from the public arsenals belonging to the United States, and that in no instance where they attacked depository of public military stores did they lose a single man,-a tolerable proof of the feeble resistance they met. The muskets which they used were stamped with the mark of the

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