At length, after a long and painful period of gestation, was born "The Republic of Cracow," to be for ever a monument consecrated to the independence of at least a portion of Poland. Four hundred and ninety-six square leagues of territory, and a hundred and ten thousand souls (out of 282,000 square leagues and twenty millions of inhabitants) were assigned to the new state, whose existence was assured upon the faith of treaties, and placed under the guaranty of all Europe, in imitation of the free towns of Hamburg, Lübeck, Bremen and Frankfort. The general act of the Congress of Vienna contains, among others, the following provisions in favour of Cracow. Art. 6. declares the town and its territory, free, independent and strictly neutral, under the protection of Russia, Austria and Prussia. By the 8th article the Emperor of Austria guarantees for ever to the town of Podgorze, situated near Cracow, in the Austrian territories, all the privileges of a free commercial city. Art. 9. gurantees neutrality both to the free town and its territory, and this Russia, Austria and Prussia bind themselves to maintain, not only among themselves, but against all others. This article further stipulates that on no pretext whatever shall an armed force be ever permitted to enter the territory. Art. 10. declares that the clauses relating to the Constitution of Cracow, the University, the Bishopric and the Chapter, which are comprised in Arts. 5. 7. 16. and 17. of the "Additional Treaty" touching Cracow, and annexed to the General Treaty, "shall be of as full force and effect as if they were inserted word for word in the present Act." Art. 118. of the general act establishes the same principle a second time, with express reference to the treaties signed on the 3rd of May, 1815, between Austria and Russia, and Russia and Prussia; while Art. 119. engages the high contracting parties to the above-mentioned treaties to adhere to the present act.

The primitive constitution of the free town of Cracow consists of twenty-two articles, and contains the following provisions :

Art. 1. proclaims the Roman Catholic the religion of the state. Art. 2. secures their social rights to all Christian inhabitants, without distinction of creed. Art. 3. declares all Christian creeds to be under the protection, and equal in the eye, of the law.

Art. 4. defines the form of government, which consists of a senate comprising twelve members and a president. Art. 5. prescribes the mode of electing these senators, nine of whom, including the president, are to be chosen by the Chamber of Representatives, four by the University and the clergy. By Art. 6. it is provided that six of the senators shall be elected for life; the president is to remain in office for three years, but is capable of being re-elected. Art. 7. fixes the electoral franchise upon the basis of taxation, to the amount of fifty florins per annum*, on landed property. Art. 8. provides for the nomination of certain functionaries by the Senate and the University. Art. 9. establishes communes of from 2000 to 3500 inhabitants, under the administration of a mayor and one

assessor.

By Art. 10. the month of September is appointed in every year for the meeting of the House of Representatives, whose session is not to continue beyond a month. This elective body possesses the legislative power; it examines the accounts of the administration-regulates the budget-elects the members of the Senate, the judges and magistrates; it further possesses the privilege of bringing to trial before the supreme court of judicature any functionary charged with malversation or exaction. Art. 11. determines the composition of the Chamber as follows: it is to consist of one deputy returned for each commune; of three named by the Senate; three ecclesiastics nominated by the Chapter; three doctors elected by the University; and lastly, six magistrates, acting by turns, as counsellors. The President must be one of the three deputies delegated by the Senate.

Art. 12. charges the House of Representatives with the drawing up a code of civil and criminal law, and the regulating the forms of judicial proceedings. Art. 13. provides for the possibility of a difference of opinion between the Chamber and the Senate, respecting the passing of a law.

Art. 14. appoints justices of peace, one to every district comprising 6000 souls. Art. 15. establishes courts of judicature and appeal; and Art. 16. defines the composition of the supreme court mentioned in Art. 10., and which is to

*The Polish florin is worth about eightpence sterling.

comprise five deputies chosen by ballot, three senators named by the Senate, the presidents of two courts of justice, four justices of the peace by turns, and three citizens named by the functionary whose conduct is the subject of investigation. The sentence of this court cannot be pronounced save in the presence of nine members. Art. 17. decrees the publicity of all judicial proceedings, whether in civil or criminal suits, and the trial by jury. Art. 18. guarantees the independence of the magistracy.

Art. 19. prescribes that after ten years from the date of the publication of the Constitution, the following qualification shall be required for a seat in the Senate: 1st. The full age of thirty-five years. 2nd. To have completed the course of studies in one of the universities of the ancient kingdom of Poland. 3rd. To have been a major more than two years, a magistrate for two years, and a deputy for two sessions. 4th. To have a fixed landed property assessed at 500 florins a year, and which has been the bond-fide property of the candidate for one full year before the election. The qualification for the magistracy was as follows: 1st. To be of the full age of thirty years. 2nd. To have completed the course of study and obtained the degree of doctor in one of the aforenamed universities. 3rd. To have been one year clerk to a notary and one year clerk to an advocate. More rigorous conditions were imposed upon members of the Court of Superior Jurisdiction and presidents of courts.

The qualification for a member of the Chamber of Deputies was, 1st. To be of the full age of twenty-six years. 2nd. To have completed the course of study at the University of Cracow. 3rd. To have been for a full year in possession of a landed property assessed at eighty florins.

Art. 20. declares that the Polish language shall be used in all the acts of the government, the legislative body, and the courts of justice. Art. 21. places the income and expenses of the University in the general budget. Art. 22. creates a militia and gendarmerie for the service of the interior, and the police.

Now we ask what can be more legitimate or better founded than the right to independence, set up by the Republic of Cracow ? Let us however proceed to inquire how that right

has been recognised, and what results have been brought about by the total abandonment of Cracow, on the part of England aud France, to the tender mercies of the three courts misnamed "Protecting."

It was at all times a leading feature in the policy of Russia to throw every possible obstacle in the way of the development of Polish nationality. The consolidation of her own power and the maintenance of her own hideous despotism rendered this necessary. The very attempt to attach a civilized to a semi-barbarous nation by constitutional bonds, to make the latter reign over the former, to tear this into three tatters for the purpose of joining the strips to three several powers, was certain, from its own absurdity and the temporary character of the arrangements themselves, to lead to the most disastrous complications. This necessary result had not escaped the sagacity of several diplomatists, and more especially of one, a trusted councillor of the Emperor Alexander, who in September 1815 presented a note to his master, in which he affirmed, "That the result of uniting Poland to Russia could "only be a system of invasion and encroachment, leading to "new struggles, and ending either in total subjection or sepa❝ration. In fact, no one with the slightest pretence to penetration could have failed to prophesy the same. Be this as it may, the arrangement of the affairs of Poland was completed in 1815, and it is now our duty to describe with what good faith certain powers have fulfilled the engagements then entered into.

In all the encroachments on the liberties of Poland, and especially of Cracow, the particular object of these remarks, Russia has invariably taken the lead. She it is who has always given the impulse, and dragged after her in her crusade Austria and Prussia, on pretext of an alliance, which, God be thanked, grows weaker every day. The first attacks on the independence of Cracow were made by her anterior to 1830, in her interdicting all communication between that city and the other provinces of Poland,-a step in direct violation of the Constitution. She further demanded the expulsion from the University of certain individuals who had incurred her displeasure. In 1829 she deposed the President, and persuaded the other Powers to suspend and modify the Constitution. This was done; the legislative assembly was not called to

gether for three whole years; the Senate was not consulted, and the Republic began from this time to be governed by the protocols of the Three Residents-in utter contempt and subversion of the Constitution.

In September 1831 the first invasion of the territory took place by a Russian corps under the command of General Rüdiger; the occupation lasted for two months, and was only put an end to at last by the energetic remonstrances of Austria. The Russian General on his entry into Cracow engaged to pay for all his supplies; but he did not think fit to keep his word, and on retiring insulted the inhabitants by saying, "A city so little devoted to Russia deserves a severer punishment than this!" During the occupation, the venerable bishop of the diocese was arrested and thrown into prison.

The conduct of Russia on this occasion led to a protest on the part of the Senate, addressed to the Three Courts. The Residents however opposed this measure, and went so far as to deny that the Senate possessed any power at all of protesting against the occupation: and we hardly know in what terms to characterize the weakness and inconsistency of Austria in this matter, seeing that she had herself opposed the entry of the Russians.

In 1833 a new constitution was granted by the Three Courts: this was a direct violation of the treaties and of the last article of the former constitution, by which it was provided that no modification should take place without the consent of all the contracting parties. In order however not to awaken the attention of England and France, they put forward ́ the "national desire" as a pretext for this change, and that at a moment when the national feeling was expressed in the most unequivocal terms against any such act of aggression.

The old constitution of Cracow had said not a word of protectors or protectorate: nor had it contemplated the intervention, in any manner whatsoever, of the Three Courts in the affairs of the Republic. To remedy this defect, the following article was now drawn up :-" In case of differences "arising between the Senate and the House of Representa"tives, or between the members of those two bodies, respect

ing the extent of their powers, or the interpretation to be 66 put upon the present constitution, the Residents of the "Three Courts, in conference assembled, will have to deter