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he has associates to lighten even guilt ;-"quod multis peccatur inultum est."
Observe then to what result we are inevitably led by this substitution of associated powers for aristocratic persons, which is held up as the indispensable agent and preservative of democratic society. In the place of men holding high powers in trust for the many,-a trust which is hallowed by a religious sense of their origin, and by the joint operation of all that is best in men's sympathies or loftiest in men's thoughts,-you are to substitute powers affording equal temptations with no equal restraints,—which exist only for the pursuit of their own ends—self-created-and in which no man refuses to bear his fraction of the same, if it be accompanied with his fraction of the profit. The newspaper-press, which M. de Tocqueville truly shows to be inseparable from public associations, and in fact to constitute an association of which the readers of a paper are the members, may illustrate the morality of associations : yet newspapers are the prophets of those nations in which collective bodies are the only aristocracy.
In England it is true that the principle of association has long been regarded as a powerful means of operation : it has borne the most glorious and some of the most disgraceful fruits which have ever grown out of the enterprize of man;it holds to this hour the empire of British India, and it is also branded by the early history of British India. But in England the principle of association has constantly been checked by the aristocratic character of the national institutions. There has ever been that in England, which could overawe and control the excesses of British associations; and there is no stronger example of the necessity and the sturdy application of this control than the actual government of the East India Company. But if the principle of association is to be, not the subordinate agent, but the chief moving principle of society, where is this indispensable control to reside? The state itself becomes, under pure democratic forms of government, a joint-stock company for political purposes; it may be as ruthless and as bold as the worst aristocracy or the worst despot, -the seignory of Venice, or the Cæsars of Rome. Already the conduct of the government of the United States to the Indians, and on other occasions when a purpose not a principle was their guide, may serve to exemplify this proposition.
We have been led away by the discussion of some of the points on which we partially differ from M. de Tocqueville, till a very inadequate space remains to convey our opinion of the high merits of the whole work. We regret that we cannot quote (for it is impossible to abridge) the judicious chapter on the relations of the sexes in democratic countries, and the elaborate and ingenious theory of honour, which is one of the most original portions of the book : but to these we more especially refer the reader. We might have traced the bearing of the principles here laid down upon the politics of the age, in our own or in other countries; or have enlarged on the high philosophical character of the ideas it contains,—the resolute hostility to everything which may engender or tolerate degraded notions of man, of his spiritual nature, of his social interests, and of his eternal destinies. But the language of panegyric is not required to draw attention to this book, or to enhance its real value; we only trust that it may be as generally and profitably studied as it has been wisely and conscientiously written.
The Recent Occurrences at Cracow.
The article which appeared under this title in the last number of our Review contained a collection of most important facts, derived from official sources, relative to the republic of Cracow. The subsequent receipt of fresh documents enables us to add the following details, throwing considerable light upon this question, which the three protecting Powers have endeavoured to involve in mystery. We believe it to be an undoubted fact, that Cracow has never been troubled by any internal disorder; that this unhappy city has been cruelly calumniated from the commencement of the occupation; and that her commercial as well as her political importance require that England should have there a representative.
Cracow is situated on the left bank of the Vistula, twelve miles from the frontiers of Austrian Silesia : she occupies an important military position, and, capable of being easily fortified, might be rendered a very formidable tête-de-pont. This consideration induced Austria, at the Congress of Vienna, to insist upon the exclusive possession of Cracow. Russia in her turn manifested the same desire at a later period. Cracow is the point at which the high-roads to Berlin and Vienna meet; a rail-road, which is now in progress, will soon facilitate the communication with Warsaw, which is at present interrupted by the military occupation that has continued since 1836.
The establishment of the republic of Cracow was the consequence of a necessity felt in common by all the Powers; this was so well appreciated, that special stipulations were made to regulate with the utmost care every detail respecting the national institutions,—a fact proved by the private treaties between Russia, Prussia and Austria, of the third of May, 1815, and the general act of the Congress of Vienna of the same date, which in article 119) states, “ that the ratifica“ tion should include, on the part of the parties, the formal “ and solemn engagement to agree, either as signitaries or as “ accessaries, to the accomplishment of the treaty; from which “ resulted a general guarantee, complete and reciprocal, of all “ the dispositions of the act.”
The constitution granted at Cracow in 1815, and annexed to the general act of the Congress of Vienna, established three powers,—legislative, executive and judiciary. To the legislative power belonged the sovereign control of the administration,—the nominations of the senators and magistrates, —the authority of citing before itself, in certain foreseen cases, public functionaries,—and the regulation of the budget of the state. The executive power was engaged in the administration of affairs, and had the initiative of the laws: it directed the police and the public force. To the judiciary power was confided the sovereign administration of justice in the country in civil and criminal matters: the magistrates enjoyed a perfect independence, nor were they subject to re
moval, except in cases of suit instituted against them by the legislative power. Moreover the liberty of the press was guaranteed, as well as the institution of trial by jury.
Our former article has shown the successive and entire destruction of these protective institutions, guaranteed by the great Powers of Europe. In 1815, after the Congress of Vienna, a commission of organization was instituted at Cracow by the three protecting Courts, with the object of applying and developing the principles of the constitution. But this commission, during the three years that it existed in operation (1815-1818), distinguished itself only by its hostility to that constitution, and by its ignorance of the wants and desires of the country. It opposed itself to the freedom of commerce guaranteed by the treaties; it established the censorship; and, whilst it imposed a new statute on the university, it despoiled it of its ancient splendour and its privileges, and even attempted to undermine its credit.
Amongst the advantages and privileges granted to the free city of Cracow was that of the freedom of commerce, which insured to her very extensive relations and important benefits. This privilege was ceded by the general act of the Congress of Vienna, of May 3rd, 1815, and by the separate treaties of the same date.
Article 8 of the general act gives to the riverain town of Podgorzé, near Cracow, and situated in Gallicia, the privileges of a free town for ever, in order to facilitate the commercial relations between the two cities. Five hundred toises (1000 yards) were assigned to the circle of Podgorze, within which no custom-house nor any military post whatever could be established.
Article 14 maintains the principles laid down in articles 24, 25, 26, 28 and 29, of the treaty between Austria and Russia, and in articles 22, 23, 24, 25, 28 and 29, of the treaty between Russia and Prussia, relative to the free navigation of the rivers and canals throughout the whole extent of ancient Poland, as well as to the access to the sea-ports and the free circulation of agricultural and manufactured products in the different Polish provinces.
Article 118 declares that the treaties, conventions, declarations, regulations, and all the acts annexed to the general act, and particularly the treaties between Russia and Austria, between Russia and Prussia, between these three Powers, or the additional treaty concerning Cracow, all bearing the date of May 3rd, 1815,—are considered to be an integral part of the arrangements of the Congress, and to have equal force and equal effect as if they had been inserted word for word in the general act.
Article 19 of the above-mentioned treaty between Russia and Austria stipulates in the following terms for freedom of communication between Cracow and the other provinces of the ancient kingdom of Poland.
“ Il sera libre au propriétaire mixte, ou à son fondé de pouvoir, de se rendre en tout tems de l'une des possessions dans l'autre, et pour cet effet il est de la volonté des deux Cours, que le gouvernement de la province la plus voisine délivre les passeports nécessaires à la requisition des parties. Ces passeports seront suffisans pour passer d'un gouvernement dans l'autre, et seront réciproquement reconnus.”
Article 24, relating to navigation, is thus worded,
“La navigation de tous les fleuves et canaux dans toute l'étendue de l'ancien royaume de Pologne (tel qu'il existait avant 1772) jusqu'à leur em. bouchure, tant en descendant qu'en remontant, sera libre de telle sorte, qu'elle ne pourra être interdite à aucun des habitans des provinces Polonaises, qui se trouvent sous le gouvernement Russe ou Autrichien.”
Article 26 introduces an uniformity of tonnage dues, in order better to assure the freedom of commerce. These duties, being once fixed, can only be altered by common consent.
Article 28 assures the most unlimited freedom of transit in all parts of ancient Poland, and stipulates that the duties to be collected in this respect shall be
moderate, and similar to those already in existen
h the most favoured countries.
Article 29 states that the two ( commissioners, in order to obviate of the duties by the custam-house, tee the freedom of
pro of the ancient kin
The treaty con nizes the principi merce, such as is