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<!-- The text on this page is divided into two columns and fully justified. --><head>140 THE EXAMINER.</head>-----<lb/>for so doing. These are my terms, from none of which I can recede.&#x2014;<lb/><hi rend="underline">Sir Thomas Monro: Life, by Mr. Gleig</hi>.<p>Ballot at Rome.&#x2014; Cicero remarks, that the grand struggle at Rome,<lb/>under the Republic, was to prevent the will of the majority from taking<lb/>effect "ne plurimum valeant plurimi," de Re P. The venality and<lb/>corruption, however, which were carried on at the elections, and the<lb/>inefficiency of the <hi rend="underline">Treating Acts</hi> (leges de ambitu) became so apparent, that<lb/>Gabinius Tr. Pl. introduced, A. U. 614, the lex tabellaria, by which the<lb/>elections to the magistracy were to be made by Ballot. By this law each<lb/>elector received a wooden tablet (tabella) covered with wax, upon which<lb/>he wrote the name of the candidate he preferred; at the time of voting he<lb/>passed through a narrow passage (pons) boarded up on each side to<lb/>exclude observation, and placed the tablet in a large box. The box was<lb/>afterwards opened by <hi rend="underline">Examiners</hi> appointed for the purpose, and the number<lb/>of votes for each candidate was pricked off. Hence Horace's<lb/>expression, "omne tulit punctum," to express universal approbation. Voting<lb/>by Ballot became so popular with the electors, enabling them to adopt, as<lb/>Cicero remarks, pro Plancio, "the free exercise of opinion, with an<lb/>undaunted brow," that it was soon extended to the judgments issuing from<lb/>the popular jurisdiction, and to the enactment or rejection of laws. How<lb/>long these laws continued in force does not appear in Adam, Heineccius,<lb/>&c., nor do these writers appear to have been aware that they must have<lb/>been repealed. This clearly appears to have been the case, however,<lb/>from a letter of the younger Pliny, 1. 3, ep. 20, in which he describes the<lb/>re-enactment of the law of Ballot. It was in the interval between the<lb/>repeal and re-enactment that corruption and bribery again raised their<lb/>heads and called forth the complaint of Petronius&#x2014;"Venalis populus<lb/>venalis curia partum." In the above quoted letter of Pliny, he remarks<lb/>that although the conduct at elections was such as absolutely to require<lb/>the Ballot, he deplored the necessity, as he feared that great evils would<lb/>flow from its use. In a subsequent letter, 1. 4, ep. 25, he states that these<lb/>fears had been realised, and the practical evils he describes will no doubt<lb/>amuse the advocates for the theory of Ballot&#x2014;he complains that many of<lb/>the electors not sufficiently awed by the august majesty of the senate,<lb/>wrote all kinds of jokes and <hi rend="underline">smut</hi> on the tablets&#x2014;nay, one even wrote the<lb/>names of the canvasser, instead of the candidates. The most interesting<lb/>discussion on the Ballot, however, is to be found in Cicero de Leg.,<lb/>where in laying down the laws for his commonwealth, he declares that the<lb/>votes shall be "optimalibus nota, plebe libera;" and on Atticus contesting<lb/>the point as an aristocrat, hating, as he confesses every popular institution,<lb/>Cicero opens up the argument and concludes, "habeat sane populous tabellam,<lb/>quasi vindicem libertatis"&#x2014;the people must have the Ballot as <lb/>guarantee for their liberties. Popular elections, therefore, at Rome produced<lb/>exactly the same effect as in England&#x2014;corruption&#x2014;acts to prevent bribery<lb/>&#x2014;corruption unabated&#x2014;and, as a remedy in each, a unanimous demand<lb/>for the Ballot from the middle ranks. We have noted, in a previous<lb/>number, that both Hume and Harrington insist upon the Ballot as a sine<lb/>quâ non for obtaining virtual representation. Sir Thomas More expresses<lb/>himself with equal clearness upon the subject; and in all governments in<lb/>which the unbiassed choice of the electors has been sought, Ballotation has<lb/>ever been in use. The word Ballot (little ball) comes immediately from<lb/>balota, a word "mediæ Latinitatis," an example of which is given in<lb/>Ducange; it may be traced, however, in most of the European languages.<lb/>See Webster.</p><p>Aristocratical Sympathies.&#x2014;What an outcry of commiseration is<lb/>there if a young man of family and fortune ruins himself by a criminal<lb/>course of life, and thereby comes to an ignominious end! And with what<lb/>cold indifference, at the same time, do we witness the same corruption,<lb/>and the same fate, taking hold of hundreds and thousands of our poorer<lb/>and less "well-connected" fellow creatures, who, in the sight of God, are<lb/>quite as valuable as the other.&#x2014;<hi rend="underline">Biber's Lectures on Christian Education</hi>,<lb/>p. 230.</p><p>Little Ambition of Great Men.&#x2014;As a philosopher, Davy's claims<lb/>to admiration and respect were allowed in all their latitude; but when<lb/>he sought for the homage due to patrician distinction. they were denied<lb/>with indignation. How strange it is, that those whom nature has placed<lb/>above their fellow men by the god-like gift of genius should seek from<lb/>their inferiors those distinctions which are generally the rewards of fortune.<lb/>When we learn that Congreve, in his interview with Voltaire, prided<lb/>himself upon his fashion rather than upon his wit; that Byron was more vain<lb/>of his heraldry than of his "Pilgrimage of Childe Harold;" that Racine<lb/>pined into an atrophy, because the monarch passed him without a recognition<lb/>in the ante-room of the palace, and that Davy sighed for patrician<lb/>distinction in the chair of Newton, we can only lament the weakness from<lb/>which the choicest spirits of our nature are not exempt. Will philosophers<lb/>never feel, with Walpole, that "a genius transmits more honour y<lb/>blood than he can receive?" Had the blood of forty generations of nobility<lb/>flowed in the veins of Davy, would his name have commanded higher<lb/>homage, or his discoveries have excited greater admiration? But great<lb/>minds have ever had their points of weakness: an inordinate admiration of<lb/>hereditary rank was the cardinal deformity of Davy's character; it was<lb/>the centre from which all his defects radiated, and continually placed him<lb/>in false positions, for the man who rests his claims upon doubtful or ill-<lb/>defined pretensions, from a sense of his insecurity, naturally becomes jealous<lb/>at every apparent inattention, and he is suspicious of the sincerity of that<lb/>respect which he feels may be the fruit of usurpation. If with these circumstances<lb/>we take into consideration the existence of a natural timidity of<lb/>character, which he sought to conquer by efforts that betrayed him into<lb/>awkwardness of manner, and combine with it an irritability of temperament<lb/>which occasionally called up expressions of ill-humour, we at once<lb/>possess a clue by which we may unravel the conduct of our philosopher,<lb/>and the consequences it brought upon himself during his presidency of the<lb/>Royal Society. Nor must we leave out of sight that inattention to certain<lb/>forms, which, amongst those who are incapable of penetrating beyond the<lb/>surface of character, passes for the offensive carelessness of superiority.&#x2014;<lb/><hi rend="underline">Paris's Life of Sir Humphrey Davy.</hi></p><p>The Rotocracy.&#x2014;New modes of investing ideas are to the orator<lb/>as new methods of drying meat to the cook. No apology, therefore, is<lb/>necessary in submitting the following passage to our parliamentary speakers,<lb/>as it may prove of great assistance in the approaching deliberations<lb/>of the two houses. It furnishes two expressions, both admirably adapted<lb/>to describe that constitution which has so justly become the envy of the<lb/>world. Those who prefer to denominate a system by an appellation<lb/>consistent with its theoretical construction, will employ the one phrase, while<lb/>those who wish to denote its practical operation may safely adopt the<lb/>other. "The British government, therefore, taking it according to its<lb/>avowed state, is neither absolute monarchy nor limited monarchy, nor<lb/>aristocracy, nor democracy, nor a mixture of monarchy, aristocracy, and<lb/>democracy, but may be called ptochocracy (the reader will pardon<lb/>a new word) or government of beggars. For a few beggarly boroughs<lb/>do avowedly elect the most important part of the government, the part<lb/>which commands the purse. It is true, this is the only ostensible state of<lb/>things. The British government is <hi rend="underline">really</hi> a juntocracy (I doubt the reader<lb/>will now think I presume upon his good nature), or government by a<lb/>minister and his crew. For the court directs the beggars whom to choose.&#x2014;</p><pb/>Is this the universally-admired, and universally-envied, British constitution?&#x2014;<lb/><hi rend="underline">Burgh's Political Disquisitions</hi>, 3 vols. 8vo.: London, 1774.<lb/>Vol. i., pp. 49, 50; book ii. chap. iv.&#x2014;[<hi rend="underline">Consistently the King has a<lb/>Pension List for Charity to the Ptochocracy</hi>.]<p><!-- The following poem is centered on the column. --><head>THE COSSACK TO HIS HORSE.</head>IMITATED FROM THE FRENCH OF DE BERANGER.</p><p><hi rend="underline">Viens, mon coursier, noble ami du Cosaque, &c.</hi><lb/>Thou steed, the Cossack's noble friend,<lb/>Bound to the trumpet of the North!<lb/>Once more the winds their pinions lend<lb/>To that wild war-note issuing forth&#x2014;<lb/>Come, cool thy seething flanks again<lb/>In the red streams of rebel Seine!<lb/>Snort, my proud courser! for we go<lb/>To trample Kings and Nations low.</p><p>Thou fret'st not silver with thy foam,<lb/>Gold decks noT now thy saddle-bow;<lb/>But where our legions make their home,<lb/>Ours are the treasures of the foe!<lb/>And thou, ere long, shalt find a stall<lb/>In arched dome of royal hall.</p><p>Kings, Prelates, Nobles, fiercely pressed,<lb/>By vassals struggling to be free,<lb/>Have cried, Approach, thou Tartar guest!<lb/>To reign o'er them, we'll crouch to thee&#x2014;<lb/>I seize my lance, and cross and crown,<lb/>Before that symbol bow them down.</p><p>A giant phantom met my view,<lb/>With bloodshot eye and regal vest:<lb/>He cried&#x2014;My reign begins anew!<lb/>And shook his war-axe o'er the West.<lb/>King of the Huns! our tribes inherit<lb/>Thine ancient realm, thy tameless spirit.</p><p>Beneath the dusty clouds, that fly<lb/>Where'er mine armed heel alights,<lb/>All Europe's pride o'erwhelmed shall lie,<lb/>Her towers and temples, laws and rites:<lb/>For hwere the Cossack's hoof hath gone,<lb/>The desert's peace must reign alone.<lb/>On, my proud courser! for we go<lb/>To trample Kings and Nations low. H</p>-----<p><head>REGISTRATION.</head>[<hi rend="underline">Evidence of Mr. Bickersteth before the Real Property Commission.</hi>]<lb/>As land cannot be concealed like money, in a strong box, but remains in<lb/>the view of every passenger, it has always reputed owners or claimants.<lb/>To the public it is clearly of great importance that the real owners and the<lb/>just claimants should be correctly known. To the individual owners and<lb/>claimants who wish to make only honest uses of their property and rights,<lb/>it is desirable that it should be correctly known that they are the real<lb/>owners of the particular interests to which they are respectively entitled.<lb/>This being known, their rights are not disturbed; and they have, as they<lb/>ought to have, credit proportioned to their personal characters, and the<lb/>extent and nature of the property really theirs, neither more nor less.<lb/>But, unfortunately, under the semblance of a reluctance to disclose the<lb/>titles which men really have, there lurks a desire to appear to have titles<lb/>which they have not: a tenant for life too often desires the reputation of<lb/>being entitled in fee; a tenant in fee, subject to charges, desires to have<lb/>the reputation of being entitled free from <sic>incumbrances</sic>, and so on. For<lb/>the purpose of gratifying this desire a species of cunning and fraud is<lb/>constantly practised, and is constantly tending to corrupt all fair dealings<lb/>between man and man, and to introduce into families a system of pernicious<lb/>mystery, if not of direct misrepresentation and falsehood. It is taking a<lb/>strange and very mistaken view of human life and affairs, to suppose that<lb/>such things can be in any way productive of good. My opinion is so<lb/>entirely different, that I approve of a system of general registry, amongst<lb/>many other reasons, for this in particular,&#x2014;that is would disclose to the<lb/>world the nature and extent of every man's right to property ostensibly<lb/>his, and the particulars of his dealings with it; and so far should I be from<lb/>inventing contrivances to lessen the means of publicity which the registry<lb/>would afford, that I would use my best endeavours to give to those means<lb/>the greatest possible degree of efficiency.<lb/>-----</p><p>Cologne, Hamburgh, Magdeburg, and other great cities of Germany,<lb/>appear to have been in possession of registers for the inscription of all<lb/>transactions relating to landed property as early as the 13th century. The<lb/>institution has since extended itself to most of the continental states, and<lb/>has always been considered as admirably adapted to give stability to<lb/>credit, and promote the circulation of capital in commerce and in agriculture.<lb/>It is a fact well deserving of consideration, that it has been found<lb/>that in those parts of Germany where good registers are established,<lb/>money is lent at 4 per cent., whilst in other parts it cannot be had at 6 per<lb/>cent.&#x2014;<hi rend="underline">Mr. Cooper's Tracts upon Registration</hi>.</p>-----
<!-- The text on this page is divided into two columns and fully justified. --><head>140 THE EXAMINER.</head>-----<lb/>for so doing. These are my terms, from none of which I can recede.&#x2014;<lb/><hi rend="underline">Sir Thomas Monro: Life, by Mr. Gleig</hi>.<p>Ballot at Rome.&#x2014; Cicero remarks, that the grand struggle at Rome,<lb/>under the Republic, was to prevent the will of the majority from taking<lb/>effect "ne plurimum valeant plurimi," de Re P. The venality and<lb/>corruption, however, which were carried on at the elections, and the<lb/>inefficiency of the <hi rend="underline">Treating Acts</hi> (leges de ambitu) became so apparent, that<lb/>Gabinius Tr. Pl. introduced, A. U. 614, the lex tabellaria, by which the<lb/>elections to the magistracy were to be made by Ballot. By this law each<lb/>elector received a wooden tablet (tabella) covered with wax, upon which<lb/>he wrote the name of the candidate he preferred; at the time of voting he<lb/>passed through a narrow passage (pons) boarded up on each side to<lb/>exclude observation, and placed the tablet in a large box. The box was<lb/>afterwards opened by <hi rend="underline">Examiners</hi> appointed for the purpose, and the number<lb/>of votes for each candidate was pricked off. Hence Horace's<lb/>expression, "omne tulit punctum," to express universal approbation. Voting<lb/>by Ballot became so popular with the electors, enabling them to adopt, as<lb/>Cicero remarks, pro Plancio, "the free exercise of opinion, with an<lb/>undaunted brow," that it was soon extended to the judgments issuing from<lb/>the popular jurisdiction, and to the enactment or rejection of laws. How<lb/>long these laws continued in force does not appear in Adam, Heineccius,<lb/>&c., nor do these writers appear to have been aware that they must have<lb/>been repealed. This clearly appears to have been the case, however,<lb/>from a letter of the younger Pliny, 1. 3, ep. 20, in which he describes the<lb/>re-enactment of the law of Ballot. It was in the interval between the<lb/>repeal and re-enactment that corruption and bribery again raised their<lb/>heads and called forth the complaint of Petronius&#x2014;"Venalis populus<lb/>venalis curia partum." In the above quoted letter of Pliny, he remarks<lb/>that although the conduct at elections was such as absolutely to require<lb/>the Ballot, he deplored the necessity, as he feared that great evils would<lb/>flow from its use. In a subsequent letter, 1. 4, ep. 25, he states that these<lb/>fears had been realised, and the practical evils he describes will no doubt<lb/>amuse the advocates for the theory of Ballot&#x2014;he complains that many of<lb/>the electors not sufficiently awed by the august majesty of the senate,<lb/>wrote all kinds of jokes and <hi rend="underline">smut</hi> on the tablets&#x2014;nay, one even wrote the<lb/>names of the canvasser, instead of the candidates. The most interesting<lb/>discussion on the Ballot, however, is to be found in Cicero de Leg.,<lb/>where in laying down the laws for his commonwealth, he declares that the<lb/>votes shall be "optimalibus nota, plebe libera;" and on Atticus contesting<lb/>the point as an aristocrat, hating, as he confesses every popular institution,<lb/>Cicero opens up the argument and concludes, "habeat sane populous tabellam,<lb/>quasi vindicem libertatis"&#x2014;the people must have the Ballot as <lb/>guarantee for their liberties. Popular elections, therefore, at Rome produced<lb/>exactly the same effect as in England&#x2014;corruption&#x2014;acts to prevent bribery<lb/>&#x2014;corruption unabated&#x2014;and, as a remedy in each, a unanimous demand<lb/>for the Ballot from the middle ranks. We have noted, in a previous<lb/>number, that both Hume and Harrington insist upon the Ballot as a sine<lb/>quâ non for obtaining virtual representation. Sir Thomas More expresses<lb/>himself with equal clearness upon the subject; and in all governments in<lb/>which the unbiassed choice of the electors has been sought, Ballotation has<lb/>ever been in use. The word Ballot (little ball) comes immediately from<lb/>balota, a word "mediæ Latinitatis," an example of which is given in<lb/>Ducange; it may be traced, however, in most of the European languages.<lb/>See Webster.</p><p>Aristocratical Sympathies.&#x2014;What an outcry of commiseration is<lb/>there if a young man of family and fortune ruins himself by a criminal<lb/>course of life, and thereby comes to an ignominious end! And with what<lb/>cold indifference, at the same time, do we witness the same corruption,<lb/>and the same fate, taking hold of hundreds and thousands of our poorer<lb/>and less "well-connected" fellow creatures, who, in the sight of God, are<lb/>quite as valuable as the other.&#x2014;<hi rend="underline">Biber's Lectures on Christian Education</hi>,<lb/>p. 230.</p><p>Little Ambition of Great Men.&#x2014;As a philosopher, Davy's claims<lb/>to admiration and respect were allowed in all their latitude; but when<lb/>he sought for the homage due to patrician distinction. they were denied<lb/>with indignation. How strange it is, that those whom nature has placed<lb/>above their fellow men by the god-like gift of genius should seek from<lb/>their inferiors those distinctions which are generally the rewards of fortune.<lb/>When we learn that Congreve, in his interview with Voltaire, prided<lb/>himself upon his fashion rather than upon his wit; that Byron was more vain<lb/>of his heraldry than of his "Pilgrimage of Childe Harold;" that Racine<lb/>pined into an atrophy, because the monarch passed him without a recognition<lb/>in the ante-room of the palace, and that Davy sighed for patrician<lb/>distinction in the chair of Newton, we can only lament the weakness from<lb/>which the choicest spirits of our nature are not exempt. Will philosophers<lb/>never feel, with Walpole, that "a genius transmits more honour y<lb/>blood than he can receive?" Had the blood of forty generations of nobility<lb/>flowed in the veins of Davy, would his name have commanded higher<lb/>homage, or his discoveries have excited greater admiration? But great<lb/>minds have ever had their points of weakness: an inordinate admiration of<lb/>hereditary rank was the cardinal deformity of Davy's character; it was<lb/>the centre from which all his defects radiated, and continually placed him<lb/>in false positions, for the man who rests his claims upon doubtful or ill-<lb/>defined pretensions, from a sense of his insecurity, naturally becomes jealous<lb/>at every apparent inattention, and he is suspicious of the sincerity of that<lb/>respect which he feels may be the fruit of usurpation. If with these circumstances<lb/>we take into consideration the existence of a natural timidity of<lb/>character, which he sought to conquer by efforts that betrayed him into<lb/>awkwardness of manner, and combine with it an irritability of temperament<lb/>which occasionally called up expressions of ill-humour, we at once<lb/>possess a clue by which we may unravel the conduct of our philosopher,<lb/>and the consequences it brought upon himself during his presidency of the<lb/>Royal Society. Nor must we leave out of sight that inattention to certain<lb/>forms, which, amongst those who are incapable of penetrating beyond the<lb/>surface of character, passes for the offensive carelessness of superiority.&#x2014;<lb/><hi rend="underline">Paris's Life of Sir Humphrey Davy.</hi></p><p>The Rotocracy.&#x2014;New modes of investing ideas are to the orator<lb/>as new methods of drying meat to the cook. No apology, therefore, is<lb/>necessary in submitting the following passage to our parliamentary speakers,<lb/>as it may prove of great assistance in the approaching deliberations<lb/>of the two houses. It furnishes two expressions, both admirably adapted<lb/>to describe that constitution which has so justly become the envy of the<lb/>world. Those who prefer to denominate a system by an appellation<lb/>consistent with its theoretical construction, will employ the one phrase, while<lb/>those who wish to denote its practical operation may safely adopt the<lb/>other. "The British government, therefore, taking it according to its<lb/>avowed state, is neither absolute monarchy nor limited monarchy, nor<lb/>aristocracy, nor democracy, nor a mixture of monarchy, aristocracy, and<lb/>democracy, but may be called ptochocracy (the reader will pardon<lb/>a new word) or government of beggars. For a few beggarly boroughs<lb/>do avowedly elect the most important part of the government, the part<lb/>which commands the purse. It is true, this is the only ostensible state of<lb/>things. The British government is <hi rend="underline">really</hi> a juntocracy (I doubt the reader<lb/>will now think I presume upon his good nature), or government by a<lb/>minister and his crew. For the court directs the beggars whom to choose.&#x2014;</p><pb/>Is this the universally-admired, and universally-envied, British constitution?&#x2014;<lb/><hi rend="underline">Burgh's Political Disquisitions</hi>, 3 vols. 8vo.: London, 1774.<lb/>Vol. i., pp. 49, 50; book ii. chap. iv.&#x2014;[<hi rend="underline">Consistently the King has a<lb/>Pension List for Charity to the Ptochocracy</hi>.]<p><!-- The following poem is centered on the column. --><head>THE COSSACK TO HIS HORSE.</head>IMITATED FROM THE FRENCH OF DE BERANGER.</p><p><hi rend="underline">Viens, mon coursier, noble ami du Cosaque, &c.</hi><lb/>Thou steed, the Cossack's noble friend,<lb/>Bound to the trumpet of the North!<lb/>Once more the winds their pinions lend<lb/>To that wild war-note issuing forth&#x2014;<lb/>Come, cool thy seething flanks again<lb/>In the red streams of rebel Seine!<lb/>Snort, my proud courser! for we go<lb/>To trample Kings and Nations low.</p><p>Thou fret'st not silver with thy foam,<lb/>Gold decks noT now thy saddle-bow;<lb/>But where our legions make their home,<lb/>Ours are the treasures of the foe!<lb/>And thou, ere long, shalt find a stall<lb/>In arched dome of royal hall.</p><p>Kings, Prelates, Nobles, fiercely pressed,<lb/>By vassals struggling to be free,<lb/>Have cried, Approach, thou Tartar guest!<lb/>To reign o'er them, we'll crouch to thee&#x2014;<lb/>I seize my lance, and cross and crown,<lb/>Before that symbol bow them down.</p><p>A giant phantom met my view,<lb/>With bloodshot eye and regal vest:<lb/>He cried&#x2014;My reign begins anew!<lb/>And shook his war-axe o'er the West.<lb/>King of the Huns! our tribes inherit<lb/>Thine ancient realm, thy tameless spirit.</p><p>Beneath the dusty clouds, that fly<lb/>Where'er mine armed heel alights,<lb/>All Europe's pride o'erwhelmed shall lie,<lb/>Her towers and temples, laws and rites:<lb/>For hwere the Cossack's hoof hath gone,<lb/>The desert's peace must reign alone.<lb/>On, my proud courser! for we go<lb/>To trample Kings and Nations low. H</p>-----<p><head>REGISTRATION.</head>[<hi rend="underline">Evidence of Mr. Bickersteth before the Real Property Commission.</hi>]<lb/>As land cannot be concealed like money, in a strong box, but remains in<lb/>the view of every passenger, it has always reputed owners or claimants.<lb/>To the public it is clearly of great importance that the real owners and the<lb/>just claimants should be correctly known. To the individual owners and<lb/>claimants who wish to make only honest uses of their property and rights,<lb/>it is desirable that it should be correctly known that they are the real<lb/>owners of the particular interests to which they are respectively entitled.<lb/>This being known, their rights are not disturbed; and they have, as they<lb/>ought to have, credit proportioned to their personal characters, and the<lb/>extent and nature of the property really theirs, neither more nor less.<lb/>But, unfortunately, under the semblance of a reluctance to disclose the<lb/>titles which men really have, there lurks a desire to appear to have titles<lb/>which they have not: a tenant for life too often desires the reputation of<lb/>being entitled in fee; a tenant in fee, subject to charges, desires to have<lb/>the reputation of being entitled free from <sic>incumbrances</sic>, and so on. For<lb/>the purpose of gratifying this desire a species of cunning and fraud is<lb/>constantly practised, and is constantly tending to corrupt all fair dealings<lb/>between man and man, and to introduce into families a system of pernicious<lb/>mystery, if not of direct misrepresentation and falsehood. It is taking a<lb/>strange and very mistaken view of human life and affairs, to suppose that<lb/>such things can be in any way productive of good. My opinion is so<lb/>entirely different, that I approve of a system of general registry, amongst<lb/>many other reasons, for this in particular,&#x2014;that is would disclose to the<lb/>world the nature and extent of every man's right to property ostensibly<lb/>his, and the particulars of his dealings with it; and so far should I be from<lb/>inventing contrivances to lessen the means of publicity which the registry<lb/>would afford, that I would use my best endeavours to give to those means<lb/>the greatest possible degree of efficiency.<lb/>-----</p><p>Cologne, Hamburgh, Magdeburg, and other great cities of Germany,<lb/>appear to have been in possession of registers for the inscription of all<lb/>transactions relating to landed property as early as the 13th century. The<lb/>institution has since extended itself to most of the continental states, and<lb/>has always been considered as admirably adapted to give stability to<lb/>credit, and promote the circulation of capital in commerce and in agriculture.<lb/>It is a fact well deserving of consideration, that it has been found<lb/>that in those parts of Germany where good registers are established,<lb/>money is lent at 4 per cent., whilst in other parts it cannot be had at 6 per<lb/>cent.&#x2014;<hi rend="underline">Mr. Cooper's Tracts upon Registration</hi>.</p>-----<p><head>OLD BAILEY, Tuesday, Feb. 22.</head><hi rend="underline">Thomas Papera</hi> was indicted for stealing some plaster of Paris casts,<lb/>the property of his cousin, J. M. Papera. The prosecutor states, that,<lb/>having missed several models, he obtained a search warrant, and a leg was<lb/>found at Mr. Brogcotti's shop, in Russell-street. Some other articles<lb/>were found in the prisoner's apartments.</p><p>By Mr. Clarkson&#x2014;Did not go to May Fair to take a cast of Madame<lb/>Vestris's leg; his father and the prisoner went. The gentleman who gave<lb/>the order objected to witness having any thing to do with the leg, because<lb/>he was too young. <hi rend="underline">(Laughter.)</hi></p><p>Several mutilated images, which were found at the prisoner's house,<lb/>were produced, and appeared of trifling value. To further questions by<lb/>Mr. Clarkson, the witness denied that he had instituted this inquiry to be<lb/>revenged for the prisoner's having got Lord Onslow's order from him.&#x2014;<lb/>Some of the jurors expressed dissatisfaction that the leg of the lady was<lb/>not produced.</p><p>The Jury said the prosecution appeared to them to be a vindictive one,<lb/>and declared the prisoner <hi rend="underline">Not Guilty</hi>.</p>-----<p><head>POLICE.</head>MANSION-HOUSE.<lb/>Rags on Rogues.&#x2014;Three men, dressed in tattered sailors' attire, were<lb/>brought before the Lord Mayor, charged under the following curious<lb/>circumstances:&#x2014;</p><p>A baker, named Simpson, stated that the prisoners were three vagabonds</p>





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140 THE EXAMINER.-----
for so doing. These are my terms, from none of which I can recede.—
Sir Thomas Monro: Life, by Mr. Gleig.

Ballot at Rome.— Cicero remarks, that the grand struggle at Rome,
under the Republic, was to prevent the will of the majority from taking
effect "ne plurimum valeant plurimi," de Re P. The venality and
corruption, however, which were carried on at the elections, and the
inefficiency of the Treating Acts (leges de ambitu) became so apparent, that
Gabinius Tr. Pl. introduced, A. U. 614, the lex tabellaria, by which the
elections to the magistracy were to be made by Ballot. By this law each
elector received a wooden tablet (tabella) covered with wax, upon which
he wrote the name of the candidate he preferred; at the time of voting he
passed through a narrow passage (pons) boarded up on each side to
exclude observation, and placed the tablet in a large box. The box was
afterwards opened by Examiners appointed for the purpose, and the number
of votes for each candidate was pricked off. Hence Horace's
expression, "omne tulit punctum," to express universal approbation. Voting
by Ballot became so popular with the electors, enabling them to adopt, as
Cicero remarks, pro Plancio, "the free exercise of opinion, with an
undaunted brow," that it was soon extended to the judgments issuing from
the popular jurisdiction, and to the enactment or rejection of laws. How
long these laws continued in force does not appear in Adam, Heineccius,
&c., nor do these writers appear to have been aware that they must have
been repealed. This clearly appears to have been the case, however,
from a letter of the younger Pliny, 1. 3, ep. 20, in which he describes the
re-enactment of the law of Ballot. It was in the interval between the
repeal and re-enactment that corruption and bribery again raised their
heads and called forth the complaint of Petronius—"Venalis populus
venalis curia partum." In the above quoted letter of Pliny, he remarks
that although the conduct at elections was such as absolutely to require
the Ballot, he deplored the necessity, as he feared that great evils would
flow from its use. In a subsequent letter, 1. 4, ep. 25, he states that these
fears had been realised, and the practical evils he describes will no doubt
amuse the advocates for the theory of Ballot—he complains that many of
the electors not sufficiently awed by the august majesty of the senate,
wrote all kinds of jokes and smut on the tablets—nay, one even wrote the
names of the canvasser, instead of the candidates. The most interesting
discussion on the Ballot, however, is to be found in Cicero de Leg.,
where in laying down the laws for his commonwealth, he declares that the
votes shall be "optimalibus nota, plebe libera;" and on Atticus contesting
the point as an aristocrat, hating, as he confesses every popular institution,
Cicero opens up the argument and concludes, "habeat sane populous tabellam,
quasi vindicem libertatis"—the people must have the Ballot as
guarantee for their liberties. Popular elections, therefore, at Rome produced
exactly the same effect as in England—corruption—acts to prevent bribery
—corruption unabated—and, as a remedy in each, a unanimous demand
for the Ballot from the middle ranks. We have noted, in a previous
number, that both Hume and Harrington insist upon the Ballot as a sine
quâ non for obtaining virtual representation. Sir Thomas More expresses
himself with equal clearness upon the subject; and in all governments in
which the unbiassed choice of the electors has been sought, Ballotation has
ever been in use. The word Ballot (little ball) comes immediately from
balota, a word "mediæ Latinitatis," an example of which is given in
Ducange; it may be traced, however, in most of the European languages.
See Webster.

Aristocratical Sympathies.—What an outcry of commiseration is
there if a young man of family and fortune ruins himself by a criminal
course of life, and thereby comes to an ignominious end! And with what
cold indifference, at the same time, do we witness the same corruption,
and the same fate, taking hold of hundreds and thousands of our poorer
and less "well-connected" fellow creatures, who, in the sight of God, are
quite as valuable as the other.—Biber's Lectures on Christian Education,
p. 230.

Little Ambition of Great Men.—As a philosopher, Davy's claims
to admiration and respect were allowed in all their latitude; but when
he sought for the homage due to patrician distinction. they were denied
with indignation. How strange it is, that those whom nature has placed
above their fellow men by the god-like gift of genius should seek from
their inferiors those distinctions which are generally the rewards of fortune.
When we learn that Congreve, in his interview with Voltaire, prided
himself upon his fashion rather than upon his wit; that Byron was more vain
of his heraldry than of his "Pilgrimage of Childe Harold;" that Racine
pined into an atrophy, because the monarch passed him without a recognition
in the ante-room of the palace, and that Davy sighed for patrician
distinction in the chair of Newton, we can only lament the weakness from
which the choicest spirits of our nature are not exempt. Will philosophers
never feel, with Walpole, that "a genius transmits more honour y
blood than he can receive?" Had the blood of forty generations of nobility
flowed in the veins of Davy, would his name have commanded higher
homage, or his discoveries have excited greater admiration? But great
minds have ever had their points of weakness: an inordinate admiration of
hereditary rank was the cardinal deformity of Davy's character; it was
the centre from which all his defects radiated, and continually placed him
in false positions, for the man who rests his claims upon doubtful or ill-
defined pretensions, from a sense of his insecurity, naturally becomes jealous
at every apparent inattention, and he is suspicious of the sincerity of that
respect which he feels may be the fruit of usurpation. If with these circumstances
we take into consideration the existence of a natural timidity of
character, which he sought to conquer by efforts that betrayed him into
awkwardness of manner, and combine with it an irritability of temperament
which occasionally called up expressions of ill-humour, we at once
possess a clue by which we may unravel the conduct of our philosopher,
and the consequences it brought upon himself during his presidency of the
Royal Society. Nor must we leave out of sight that inattention to certain
forms, which, amongst those who are incapable of penetrating beyond the
surface of character, passes for the offensive carelessness of superiority.—
Paris's Life of Sir Humphrey Davy.

The Rotocracy.—New modes of investing ideas are to the orator
as new methods of drying meat to the cook. No apology, therefore, is
necessary in submitting the following passage to our parliamentary speakers,
as it may prove of great assistance in the approaching deliberations
of the two houses. It furnishes two expressions, both admirably adapted
to describe that constitution which has so justly become the envy of the
world. Those who prefer to denominate a system by an appellation
consistent with its theoretical construction, will employ the one phrase, while
those who wish to denote its practical operation may safely adopt the
other. "The British government, therefore, taking it according to its
avowed state, is neither absolute monarchy nor limited monarchy, nor
aristocracy, nor democracy, nor a mixture of monarchy, aristocracy, and
democracy, but may be called ptochocracy (the reader will pardon
a new word) or government of beggars. For a few beggarly boroughs
do avowedly elect the most important part of the government, the part
which commands the purse. It is true, this is the only ostensible state of
things. The British government is really a juntocracy (I doubt the reader
will now think I presume upon his good nature), or government by a
minister and his crew. For the court directs the beggars whom to choose.—


---page break---
Is this the universally-admired, and universally-envied, British constitution?—
Burgh's Political Disquisitions, 3 vols. 8vo.: London, 1774.
Vol. i., pp. 49, 50; book ii. chap. iv.—[Consistently the King has a
Pension List for Charity to the Ptochocracy
.]

THE COSSACK TO HIS HORSE.IMITATED FROM THE FRENCH OF DE BERANGER.

Viens, mon coursier, noble ami du Cosaque, &c.
Thou steed, the Cossack's noble friend,
Bound to the trumpet of the North!
Once more the winds their pinions lend
To that wild war-note issuing forth—
Come, cool thy seething flanks again
In the red streams of rebel Seine!
Snort, my proud courser! for we go
To trample Kings and Nations low.

Thou fret'st not silver with thy foam,
Gold decks noT now thy saddle-bow;
But where our legions make their home,
Ours are the treasures of the foe!
And thou, ere long, shalt find a stall
In arched dome of royal hall.

Kings, Prelates, Nobles, fiercely pressed,
By vassals struggling to be free,
Have cried, Approach, thou Tartar guest!
To reign o'er them, we'll crouch to thee—
I seize my lance, and cross and crown,
Before that symbol bow them down.

A giant phantom met my view,
With bloodshot eye and regal vest:
He cried—My reign begins anew!
And shook his war-axe o'er the West.
King of the Huns! our tribes inherit
Thine ancient realm, thy tameless spirit.

Beneath the dusty clouds, that fly
Where'er mine armed heel alights,
All Europe's pride o'erwhelmed shall lie,
Her towers and temples, laws and rites:
For hwere the Cossack's hoof hath gone,
The desert's peace must reign alone.
On, my proud courser! for we go
To trample Kings and Nations low. H

-----

REGISTRATION.[Evidence of Mr. Bickersteth before the Real Property Commission.]
As land cannot be concealed like money, in a strong box, but remains in
the view of every passenger, it has always reputed owners or claimants.
To the public it is clearly of great importance that the real owners and the
just claimants should be correctly known. To the individual owners and
claimants who wish to make only honest uses of their property and rights,
it is desirable that it should be correctly known that they are the real
owners of the particular interests to which they are respectively entitled.
This being known, their rights are not disturbed; and they have, as they
ought to have, credit proportioned to their personal characters, and the
extent and nature of the property really theirs, neither more nor less.
But, unfortunately, under the semblance of a reluctance to disclose the
titles which men really have, there lurks a desire to appear to have titles
which they have not: a tenant for life too often desires the reputation of
being entitled in fee; a tenant in fee, subject to charges, desires to have
the reputation of being entitled free from incumbrances, and so on. For
the purpose of gratifying this desire a species of cunning and fraud is
constantly practised, and is constantly tending to corrupt all fair dealings
between man and man, and to introduce into families a system of pernicious
mystery, if not of direct misrepresentation and falsehood. It is taking a
strange and very mistaken view of human life and affairs, to suppose that
such things can be in any way productive of good. My opinion is so
entirely different, that I approve of a system of general registry, amongst
many other reasons, for this in particular,—that is would disclose to the
world the nature and extent of every man's right to property ostensibly
his, and the particulars of his dealings with it; and so far should I be from
inventing contrivances to lessen the means of publicity which the registry
would afford, that I would use my best endeavours to give to those means
the greatest possible degree of efficiency.
-----

Cologne, Hamburgh, Magdeburg, and other great cities of Germany,
appear to have been in possession of registers for the inscription of all
transactions relating to landed property as early as the 13th century. The
institution has since extended itself to most of the continental states, and
has always been considered as admirably adapted to give stability to
credit, and promote the circulation of capital in commerce and in agriculture.
It is a fact well deserving of consideration, that it has been found
that in those parts of Germany where good registers are established,
money is lent at 4 per cent., whilst in other parts it cannot be had at 6 per
cent.—Mr. Cooper's Tracts upon Registration.

-----

OLD BAILEY, Tuesday, Feb. 22.Thomas Papera was indicted for stealing some plaster of Paris casts,
the property of his cousin, J. M. Papera. The prosecutor states, that,
having missed several models, he obtained a search warrant, and a leg was
found at Mr. Brogcotti's shop, in Russell-street. Some other articles
were found in the prisoner's apartments.

By Mr. Clarkson—Did not go to May Fair to take a cast of Madame
Vestris's leg; his father and the prisoner went. The gentleman who gave
the order objected to witness having any thing to do with the leg, because
he was too young. (Laughter.)

Several mutilated images, which were found at the prisoner's house,
were produced, and appeared of trifling value. To further questions by
Mr. Clarkson, the witness denied that he had instituted this inquiry to be
revenged for the prisoner's having got Lord Onslow's order from him.—
Some of the jurors expressed dissatisfaction that the leg of the lady was
not produced.

The Jury said the prosecution appeared to them to be a vindictive one,
and declared the prisoner Not Guilty.

-----

POLICE.MANSION-HOUSE.
Rags on Rogues.—Three men, dressed in tattered sailors' attire, were
brought before the Lord Mayor, charged under the following curious
circumstances:—

A baker, named Simpson, stated that the prisoners were three vagabonds




Identifier: | JB/004/070/012"JB/" can not be assigned to a declared number type with value 4.

Date_1

1831-02-27

Marginal Summary Numbering

Box

004

Main Headings

lord brougham displayed

Folio number

070

Info in main headings field

Image

012

Titles

the examiner / sunday, february 27, 1831 / no. 1204

Category

printed material

Number of Pages

8

Recto/Verso

recto

Page Numbering

(130-144)

Penner

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

[[notes_public::"john fonblanques eulogium on brougham" [note in bentham's hand]]]

ID Number

1991

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