THE LITERARY PANORAMA, AND National Register : For NOVEMBER, 1818. NATIONAL AND PARLIAMENTARY NOTICES, (British and Foreign,) PROSPECTIVE AND RETROSPECTIVE. REPRESENTATIVE CONSTITUTION: PROGRESS OF BADEN. REPRESENTATIVE CONSTITUTIONS IN Germany: COPY OF THAT PROPOSED BY THE GRAND August 22, 1818. THERE is a certain kind of truth, or truth to a certain degree, in the proposition of the Poet, For forms of Government let knaves contest; Undoubtedly, the administration of a appears to be the most suitable, all things considered-that which is best recommended, by its effects, wherever it has been tried, in the experience of others, that is to be preferred. But even the most select of Political Constitutions must be controuled by the incidents of time and place; must be reduced with much care and many qualifications, from theory to practice; and must never be deemed perfect in all its parts and bearings. Times and manners change; and new manners must be met by new regulations. That Constitution, then, is imperfect, which, deeming itself perfect, includes no power of varying its activity to repress evils which have assumed a new form, or to protect and encourage excellencies, not contemplated when the constitutional powers were first created, and their direction was first imparted. And this is equally true, whether we derive government from parental and patriarchal authority, the patria potestas, with writers on one side of the question; or with writers on a contrary side, refer all principle of dominion to convention, actual or virtual,--and infer that no man is bound to obedience to that system which he has not sanctioned, either by admission of it, or by submission to it. It appears, at first sight, to be noThat which bids fairest-that which thing more than natural, that a man VOL, VIII. No. 50. Lit. Pan. N. S. Nov. 1. 2 X violence; and the crime was seen in its punishment. Too long was the punishment of the French the affliction of Europe: too long were the consequences of one fatal blunder in the formation of an operative Constitution, entailed on a succeeding generation, and extended almost to the limits of the globe. should prefer that Constitution to which he is a native-born subject; and it is confessed, that, happily for the bulk of mankind, the mind readily forms itself into habits of approbation and compliance. To no inconsiderable degree man is the creature of circumstances; and to what has been his accustomed companion, he bears a species of affection, Absolute Despotism, resident in a sinthe offspring of sympathy, not to call gle individual, is little other than a it affinity. But, there is also the re- phantom: the life of any one man is so verse of this; and instead of recollect-frail, that conspiracy can hardly fail of ing with pleasure and gratitude, the be- success against it. But, the practical nefits enjoyed under a certain form of evils of despotism flow from the malGovernment, the mind of the individual practices of its officers; of those who ruminates on evil only: it traces all its represent the sovereign in all the varimisfortunes-if it has been unfortunate ous degrees of delegated power, and to causes extra itself; causes over bring home oppression to the bosom of which it could exercise no controul; the subject, in the name of him whose and consequently, it pronounces itself authority they abuse. And have we blameless, by throwing the blame else- not seen the very same fatal consewhere. And d-propos for this inten- quences accompany the actions and detion, Government is always at hand, terminations of Representative Governmost conveniently to receive every im-ments-of soi-disant Republics, the putation, to be loaded with every charge, to be convicted of every crime, and to undergo that censure and obloquy which justice might adjudge, in no small proportion, to the party himself. most free, the most lenient,―might their account of themselves be believed, of all possible political associations. In what were they, then, defective?— Principally, in the wholesome power of CHECK; in being under the necessity of repeated re-consideration of proposals, and resolutions. This is one of the happiest provisions of the British Constitution. No law can become statute, until it has undergone half-a-dozen considerations, by means of several read Independent, also, of personal and private experience, it must be acknowledged, that Governments, like all other things, become antiquated, effete, feeble they no longer display that vigour which formerly raised them to distinction: they rest on the reputation of antient exploits, on the renown of antientings, debates, committees, and re-comdays; they pursue a certain course, now become a mere routine, and, instead of. calling into activity the powers of com manding minds and able hands, they do business, as business was wont to be dene, or refer to precedent and repetition what demands a combination of boldness with discretion, of just and original conception, with prompt and energetic execution. Europe has lately witnessed the operation of these, and other causes, on a great scale. The sacred name of Liberty was made the stalking horse of faction and ambition, of ingratitude and personal dissatisfaction. The sacred name of Liberty was profaned by the usurpations of cruelty; the throne and the altar were overset by the shock of brute mitments in the Commons House of Parliament, and as many in the Upper House: hence a thousand improvements, in the shape of omissions, or of corrections, of additions and suggestionsPRACTICAL as well as theoretical. 'ere If a dozen revisions be necessary a proposal acquire the force of law, in Britain, the number should rather have been doubled than diminished, when the lively passions and imaginations of Frenchmen were in question. The fatal blow against the happiness of France was struck, when separate assemblies were formed into one; and when resolutions were proposed, and passed by acclamation. The assembly ceased to be deliberative: it became an instrument, a tool in the hands of whoever |