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dicial system, it must also be introduced into the proceedings against offences of the Press, but it should be endeavored so to unite its functions with those of the Judge, that the interests of the state and of public order may not be entirely left without protection.
In countries where the practice of choosing Juries from among the people does not exist, means should be devised for giving a peculiar organisation to the Judicial Authorities, in processes of this kind; and it should be endeavoured to constitute these authorities in such a manner, that the exercise of a function, so foreign to the ordinary Judge, may not produce greater injury to the parties interested-namely, the Author and the State-than could ever be laid to the charge of a political censor.
We acknowledge that it is not easy fully to comply with the above conditions. But our object has been to prove, that the introduction of a system, which can only be rendered tolerable, under such conditions, must in a country where it is not favored by local circumstances, or where it has not, as in England, almost formed itself, be attended with great difficulties and dangers. A violent enthusiast or an inconsiderate reformer, may decide rashly on this subject; but to weigh it maturely, is the duty of the legislator and the statesman.
LATE EDITOR OF THE RHENISH MERCURY.
Neque sic accipiatis, tamquàm exprobraturus præterita surrexerim. Nam veterem quidèm culpam intempestivè objicere, inimici et alienis erroribus petulanter insultantis animi est : probi viri et salutis communis studiosi, peccata civitatis tegere, aut excusare malunt, nisi qnoties ad calamitatem publicam amo. liendam, præteritarum offensarum recordatio grande momentum habet. Nam ab errore quidem omni, homines quum simus, immunes haberi velle, nimium et superbum: sed ad eumdem Lapidem crebrò impingere ; neque saltem eventu temeritatem castigante ad cautionem erudiri, id verò jam vix benè humanum est.
The Tarentine Orator in the Council against the Romans. Titus Liviys.
TRANSLATED LIBERALLY, (FROM THE GERMAN PAMPHLET, LATELY SUPPRESSED BY THE PRUSSIAN GOVERNMENT,)
EXCLUSIVELY FOR THE PAMPHLETEER,
AT length, after four years of violent party contest-(on the one hand, of unreasonable resistance to the claims of the age, and partial concessions ; on the other, of numerous exaggerations)—there prevails throughout the whole of Germany a general agitation; and that sort of temper, which usually precedes great catastrophes in history, has begun to manifest itself. That which the most active, rancorous, and artful demagogic efforts, working from below upwards, could never, of themselves, have accomplished, namely, the stirring up and exasperating the peaceful, tranquil, sober, and moderate German nation, in all its elements and depths, those who aet from above, and ho!d the extremity of the political lever, have, by subtile anticipations, successfully brought about. But, as in a great measure they dare not, without valid reasons, pretend to the honor of the success, they are boldly preparing to give perfection to their labors, in order that the work, in all its parts, may be found worthy of the workmen. Meanwhile new impulse has been given to the exerted passions at every moment when they were about to become calm. With singular dexterity, the weak side of each has been sought out, and advantage has been taken of every opportunity to cut deeper into the parts already wounded. In this way has been discovered the secret of creating a general feeling of discontent, from one end of the country to the other, and of involving the governments in a hopeless struggle with all that is good, noble, and powerful, and leaving them in a labyrinth from which they can never be extricated, unless they abandon the paths which mislead them. As, during the oppressive heat of summer, the fear of a tempest does not suffice to check the longing for the refreshing coolness which succeeds it, so public opinion is nearly reconciled to any thing, however dreadful, which promises to remove the disgrace of the present moment, and holds out the hope of dissipating the clouds which conceal every favorable star. Accordingly, no alarm is created at the sight of those ominous birds, which are the harbingers of coming storms; of those youth who devote themselves to death, to remove every thing base and pernicious. The news announced from Berlin, of the discovery of a great conspiracy for the establishment of a German republic, produced, therefore, no surprise; for the experience of the last age had proved that there exists a universal law of nature, in virtue of which, one extreme inevitably leads to another.
Amidst all the confusion of searching for papers, the movements of gendarmes and spies, the violation of judicial forms, the prosecution of peaceable men, arrests, discharges, and examinations, which followed this intelligence, one thing only has really astonished the public: namely, that the pursuit of secret conspiracies causes to be forgotten that vast conspiracy which spreads its branches over all Germany, and extends to all ages, classes, and sexes; which sits murmuring at every fire side, walks abroad in the public markets and streets,—which needs no secret sign to recognise its members,—which, without chiefs, acts from one centre, and always in concert,-- which, with thousands of eyes, penetrates into the most secret things, and which thousands of arms are always ready to obey. That conspiracy by which irritated national feeling, disappointed hopes, offended pride, and oppressed human nature, are all leagued against blind arbitrary power, the awkward mechanism of lifeless forms, the obstinacy of prejudices, and the gnawing venom of the maxims of despotism to which the corruptions of ages have given birth—that conspiracy which is more formidable than any other, which daily increases in activity and power, must inevitably attain its object; for the danger to be apprehended, is not that it shall fall short of that object, but that it may go beyond it.
Meanwhile, in the present state of things, and until the hand which inscribed for the French their Mene, Tekel, Peres in the flames of Moscow, shall write our irrevocable sentence in glowing characters on the face of heaven, the command has gone forth to every man whose mind is not distracted by the tumult of the moment, and who can still calmly contemplate the agitated flood, to stand on the watch-tower of time, to observe and mark the signs, and to call and give warning without ceasing. Assuredly there is a time for being silent, and a time for speaking. When human arrogance, giving the reins to passion, pursues every appetite, every caprice of the imagination-when power, forgetting its origin, and the intrinsic standard of tħings, dreads a state of affairs which it cannot comprehend, and' knows not how to subdue—when not only the moral boundaries of the allowable and the forbidden are broken through, as well as all the delicate relations of the decorous and indecorous disregarded--when all consistency being abandoned, at one time acts of violence and tyranny, at another, of weakness and yielding prevail :--during the aitack of such a paroxysm, individuals may well be allowed to step quietly aside, and to confide in that great law which God has prescribed for human society, as well as the rest of nature, by which every kind of presumption is silently resisted, and every immoderate act carries with it the seeds of its own correction. But when, after such a paroxysm, a remission takes place, and, during a lucid moment, reason returns ;-when the nature of things repels the attack, and the general bond is drawn closer, then may consolation again be offered, and to speak is commanded. All great events follow the necessity of their nature, have their rise, progress, and return; so also has the frenzy of the present times its periodical flux and reflux, and its critical moments, and, in this respect, there is no change in the order of things. On the contrary, in so far as clear ideas, ard deliberate volition co-operate in events, in the same degree as freedom a place in them.
During the last war, the author of this pamphlet often addressed the nation, and obtained its confidence. Fearing no man, and rejecting that timid prudence which never dares to do more than shew truth by halves, he has always openly disclosed the sentiments of his heart. His search has been solely for truth, and whenever he flattered himself he had found the object of his inquiry, he laid his discovery before the public, because truth, without liberty, is, as the Psalmist says, a barred treasure, a hidden spring, a fountain built up; and liberty, without truth, is a worthless thipg in the house of the impious. It is, as Haman has heretofore remarked, a cloak to cover baseness and deceit. What follows is intended as a faithful mirror of the age in which its character may be recognised. The author hopes that the spirit which dictates these words may, like St. Elmo's fire on the mast, prepare the