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real bona fide objects of the assembly process, given some judgment, made when met.
some legal order, or done some ach, It is unnecessary to enlarge upon these which the party against whom it issues, principles, because their notoriety has or others on whom it is binding, bare no doubt suggested this novel attempt to either neglected to obey, contumaciously proceed by attachment, where they have refused to submit to, excited others to 110 place; and I cannot help remarking, defeat by artifice or force, or treated that the prosecutor (if his prosecution be with terms of contumely and disrespect. founded in policy or justice) has acted But no crime, however enormous, erea with great indiscretion, by shewing that open treason and rebellion, which carry he is afi to trust the people with that with them a contempt of all law, and the decision upon it which belongs to them authority of all courts, can possibly be by the constitution; and which they are considered as a contempt of any partie more likely to give with impartial justice, cular court, so as to be punishable by than the judges whom he desires to de- attachment; unless the act, which is cide upon it at the expence of their oaths the object of that punishment, be in die and of the law.
rect violation or obstruction of something This is a strong expression, which per previously done by the court which issues haps I should not have used in answer- it, and which the party attacbed was ing the same case in the ordinary course bound, by some antecedent proceeding of business; but writing to you, as a gen- of it, to inake the rule of his conduct. tleman, I have no scruple in saying, that A constructive extension of contempt the judges of the Court of King's Bench beyond the limits of this plain principle cannot entertain a jurisdiction by attach- would evidently involve every misde. ment over the matter contained in the meanor, and deprive the subject of the affidavit which you have sent me, without trial by jury, in all cases where the pusuch a gross usurpation and abuse of nishment does not extend to touch his power, as would make me think it iny life. duty, were I a member of the Irish par. The peculiar excellence of the English liament, to call them to account for it government consists in the right of being by impeachment.
judged by the country in every criminal The rights of the superior courts to case, and not by fixed magistrates approceed by attachment, and the limita- pointed by the crown. In the higher iions imposed upon that right, are esta- order of crimes, the people alone can acblished upon principles too plain to he cuse, and without their leare, distinctly misunderstood.
expressed by an indictment found before Every court must have power to enforce them, no man can be capitally arraigned; its own process, and to vindicate con- and in all the lesser misdemeanors, which tempts of its authority; orberwise the either the crown, or individuals borrorlaws would be despised, and this obvious ing its authority, may, prosecute, the necessity at once produces and limits safety of individuals and the public free the process of attachment.
dom absolutely depend upon the well Wherever any act is done by a court known immemorial right of every de. which the subject is bound to obey, obe- fendant to throw himself upon bis coun. dience may be enforced, and disobedi- try for deliverance by the general plea of ence punished, by that summary pro
By that plea, which in ceeding. Upon this principle attach- no such case can be demurred to by the snents issue against officers for contempts Crown, or questioned by its judges, the in not obeying the process of courts di- whole charge comes before the jury on rected to them, as the ministerial ser the general issue, who have a jurisdictan vants of the law; and the parties on whom co-extensive with the accusation, the ere such process is served, may, in like man- ercise of which, in every instance, the ner, be attached for disobedience.
authority of the court can neither limit, * Many other cases might be put, in supersede, controul, or punish. which it is a legal proceeding, since every Whenever this ceases to be the law of act which goes directly to frustrate the England, the English constitution is at mandates of a court of justice, is a con an end; and its period in Ireland is ar tempt of its authority. But I may ven rived already, if the Court of King's ture to lay down this distinct and abso- Bench can convert every crime, by conlute limitation of such process, viz. struction, into a contempt of its authothat it can only issue in cases wbere the riy, in order to punish by attachment court which issues it, has awarded some By this proceeding the party offended
is the judge; creates the offence without representation of the people in the para any previous promulgation; avoids the liaments of both kingdoms, and a sincere doubtful and tedious ceremony of proof, admirer of that spirit and perseverance by forcing the defendant to accuse bim- which in these days, when every impore self; and inflicts an arbitrary punishment, tant consideration is swallowed up in which, if not submitted to and reverenced luxury and corruption, has so eminently by the nation as law, is to be the parent distinguished the people of your country. of new contempts, to be punished like The interests of both nations are in my the former.
opinion the same; and I sincerely hope As I live in England, I leave it to the that neither ill-timed severity on the part parliament and people of Ireland to con. of government, nor precipitate measures sider what is their duty, if such au on the part of the people of Ireland, may thority is assumed and exercised by their disturb that harmony between the rejudges : if it ever happens in this coun. maining parts of the einpire, which ought try, I shall give my opinion.
to be held more sacred, from a reflection It is sufficient for me to have given on what has been lost. you my judgment as a lawyer upon both
T. ERSKINE. your questions; yet, as topics of policy can never be misplaced when magistrates To the Editor of the Monthly Magazine. are to exercise a discretionary authority, SIR, I cannot help concluding with an obser
OU will doubtless find a corner in vation, which both the crown and its your miscellany for the following courts would do well to attend to upon patriotic suggestion. Let the first square Every occasion.
that shall be built in the capital of Eng. The great objects of criminal justice land, or in any of its nrovincial cities of, are reformation and example; but nei- eminence, such, for instance, as Liver. ther of them are to be produced by punish. pool or Bristol, be called by an act of ments wbich the laws will not warrant : the legislature for that purpose, Freedom on the contrary, they convert the offen. Sqrare, in honour of the abolition of der into a suffering patriot; and that slavery in the British colonies. A pillar crime which would have been abhorred may likewise be erected in the centre of for its malignity, and the contagion of this square, with appropriate emblems which would have been extinguished by and inscriptions, and the names of those a legal prosecution, unites an injured members of parliament who were most nation under the banners of the criminal, active and instrumental in the abolition to protect the great rights of the com• be recorded in letters of gold on one munity, which, in his person, have been side, and the names of the opposers in endangered.
letters of lead on the other, to perpetuate These, sir, are my sentiments; and you their ignorance and imbecility. may make what use of them you please.
BRITANNIGUS. I am a zealous friend to a reform of the
MEMOIRS AND REMAINS OF EMINENT PERSONS.
MEMOIRS of the LIFE and works of fested a taste for drawing, in amusing
himself by copying from the bad engra. the 10th of May1754at St. The of Jurian Ovens, gen, a village near Šleswick; where his . one of the best disciples of Rembrandt, father was a miller, and his mother was and who had fixed his residence in Hola the daughter of an advocate. At nine stein, chiefly engaged his attention; and years of age his parents sent him, as a he frequently made use of a ladder, in day-scholar, to 'a school at Sleswick, order to examine them more closely. whence he returned home every evening; His imagination became exalted every and as he took with him in the mornings time he contemplated these fine produchis victúals for the day, be used to tions; and he thought it the height of make his meals within a church near the ambition, to aspire at being, some time, gymnasium. There the paintings which able to execute master-pieces of equal decorated the walls, first awakened his merit. He applied with considerable imagination ; for he had already mani, ardour to feeble attempts, but he was 3
entirely ignorant of the manner of using in the mysteries of the art; and could colours. His mother, on observing such not longer think it possible for hina to redecided proofs of the bent of bis genius, sist an inclination which daily assumed communicated to him ihe small degree the characier of a genuine passion. He of instruc:ion in the art which she lad had accomplished the five years of his herself received in her youth; and gave apprenticeship; and, according to the him a box of colours, which first put
him terms of the agreement with bis master, into a capacity for handling the pencil. was still under an engagement tu rerpain lle maile but little progress in the other two years longer in his house: but an branches of his education, as his predo advocate with wbom bě bad contracted minant taste absorbed all the powers of an acquaintance, pointed out to him the liis nvind; the reprimands of his precep, means of liberating himself from this si tors had no effect : and Carstens quitled tuation of paintul dependance, by obe his classical studies at the age of sixteen, serving to him, that at the age which be without knowing much more of thein had now attained, he was entitled to than when he first entered upon them. act according to his own inci'vacions in
His mother consented to his wish of this respect, even in opposition to the being placed in the work-seom of a engagements previously formed by his painter'; and application was accordingly guardians, who had exccued their lawful made to Tischbein, who at that ume authority over him. The result of these enjoyed great celebrity. The conditions suggestions was, that Carstens comprohowever which the latter proposed for mised the matter with his master, by receiving him, were too degrading; the paying biin eighty crowns for his liberty. young artist could not submit to the cha le now went to Copenhagen, where racter of a footman, and the affair was he renewed an acquaintance winch he in consequence broken off. About the bad, forined at Sleswick, with a painter same time, bis inother died; on which named Ipsen, which proved of crinsiderthie effects which she left were sold off, able service to lum. He felt a strong and the children were put under guar- desire to see the works of the great masdians. Carstens thus found himself re- ters, which as yet be knew only by com. mmoved further than ever fruin the attain mon fame; anid bis joy was extreme ment of his favourite purpose; and, being when he obtained access to the royal coinpelled to adopt a commercial life, gallery : but it is impossible to express selued in the house of a wine-merchant his sensations at beholding the monudents at Eckernfærde. lle now formed a seri. of sculpture which are preserved in the ous determination to renounce his at. Ilall of Antiques. Ile could scarcely tachment to painting ; but still he was, believe that such master-pieces were in a manner, unsuspectingly drawn to mere productions of art: to his eyes they this oliject. To this be devoted his appeared to be rather the workinanship hours of leisure; and bis genius even took of a divinity. Here indeed he saw the a new flight, in consequence of his forni- Laocoon, the Vatican Apollo, the Farnese ing an acquaintance with a young painter, Hercules, &c. who taught bim the method of using oil During his stay at Copenhagen,he passed colours.
entire days in admiring these sublime His first attempt in this practice, was performances. But he did not under the copy of a head of Minerva, of the take the task of copying them; fur he tiarural size, from Joseph d’Arpino. thought it of inorc utility to impress his This head, and a picture from Abrabain mind thoroughly with their particular Diepenbeck (a pupil of Rubens), repre. features, and to express these afterward senting a satyr watching some sieeping with his utmost accuracy, in erery posnymphs, are the only pieces that Cars. sible position. This constituted almost lens ever copied.
his sole employment; and he has acHe began to succeed in portraits; and knowledged that nothing was of greater on executing those of his master and bis advantage to bin in facilitating the study janvily, was in consequence presented of the human body, and the grouping of while a work of Kræker, on easel-painting. the figures in composition-pictures. The From this book he derived several ideas anatomical lessons of professor Wiede fie which were further developed when he haupt, gave him just ideas on the natural hecanie possessed of Webb's Enquiries forins of the body; but he could not reconcerning Beauty in Painting. By these solve on copying them from the models hieaus he learnt the names of the great specially appropriated to this study. miasters: he considered himself initiated Designs from the antique, executed in
the manner before explained, were the to assure him of his protection; and in only undertakings that occupied bim in deed, a few days afterward, the crown a period of two years.
prince, having been informed of the conThe first picture on which Carstens duct of count Moltke, sent for Carstens, tried his strength, was the death of Es- gave him a kind reception, and bought chylus. It was only by dint of perseve- his picture for a hundred crowns. ring labour that he brought this piece to This incident happened very fortusome degree of perfection; but he was nately for our artist, who had exhausted still far from understanding the true his slender patrimony: lle now had reprinciples of composition : at every step course to a style which he had hitherto' he found new ditficulties; and perceived neglected, and in some degree despised, liis own errors, though he neither knew by resolving to follow portrait-painting, how to avoid them, nor to coinpensate as a means of subsistence. But this purfor thein by beauties. A perusal of the suit did not absorb his whole time, and treatise of Dubos first shewed him the Carstens never lost sight of the cnd which object at which every artist should aim he bad contemplated from his first enterin his performances; and the Dutch ing his career. His zeal, far from being work of Gerard Lairesse on painting, as checked by these obstacles, derived fresh sisted him in the application of these inciteinents froin them. principles. Carstens derived his only He had formed an acquaintance with resources from books: almost all his dise professor Stanley, an artist endowed with coveries were the result of his own ap a lively and fertile imagination; who plication. While he remained at a dis sometimes visited Carstens, and exatance from the academy, he was of course inined his designs. Among these there was unable to profit by the lessons of the pro. one which particularly attracted his nofessors; but, with the works of Raphael tice, representing, according to the mybefore his eyes, he was in no danger of thology of the northern wations, the Gods mistaking his path.
Jameirting over the Corpse of Balder. Wlien he had been nearly four years at Stanley Shewed this piece to his colleagues, Copenhagen, he became acquainted with who solicited Carstens to enter upon a count Moltke, who possesseu a very va course of a«'ademical study. Ile was not Juable gallery. Carstens visited this
much inclined to comply with this invicollection with great assiduity; and the tation; but the favour which was granted count, having remarked that circum
to him of being admitted almost imme. stance, desired to see some painting of diately into the Tlalt uf Models, conquered Biis performance. For this purpose
liis repugnance; and besides, he hoped Carstens executed a design representing that by ibis means be vight engage the Adam and Eve near the Tree of know.
attention of the prince, and be placed ledge, from Milton's Paradise Lost: the in the number of pupils destined for the count approved this specimen; and en school of Rome. gaged Carstens to execute it in oil, at the The design exhibited by Carstens on price of sixty crowns. Encouraged by this occasion, was a composition of his this mark of beneficence, our young ar own, representing Eolus and Ulysses ; tist applied himself to the undertaking the latter producing an empty bottle and with ardour, and completed the picture repulsed with contempt by the god. This in two months. The count was then in design, which had a hard and wild chathe country, and Carstens went himself racter, struck the spectators, and deserto lay before him his performance: but vedly obtained applause from the prince. his patron scarcely deigned to recollect
Professor Abilgaard,* who had some him; and endeavoured to redeem his time before returned from Italy, bad proinise by offering him the inferior sum
conceived a favourable opinion of the of eight ducats. Carstens, indignant at designs of Carstens, and even hoped to such a reception, rejected a reward bave him for a pupil; but he was unacwhich seemed to him to carry with it a quainted with the character of the young proof of contempt. Even the keeper of the artist, who aspired to independence. count's gallery was affected by similar The repugnance testified by Carstens to feelings at his master's conduct: he shewed an interest for the unfortunate
• This artist adorned the Hall of Knights, artist; and mentioned him to cham- in the palace of Copenhagen, with magnisi. berlain Warnstædt, one of the most en. cent paintings on subjects from the History lightened connoisseurs of Copenhagen, of Denmark; but they were destroyed in the This nobleman paid a v sit to Carstens, confagration of 1794.
the proposals which were made to bim brothers, who had learnt drawing at on this subject, gave that celebrated Sleswick, to accompany him; and ihey painter a disinclination toward him. As began their journey in 1783. Abilgaard had not been present at the When they arrived at Mantoa, they exhibition of the desiyns, and, of course, resolved to spend some time there, in bad not an opportunity of judging of the order to admire ihe performances of merit of that of Carsteiss, he engaged the Julio Romano. A servant of the count latter to let him see it. After viewing of Brisach (who was then governor of that it a considerable rime with attention, city) spoke of them to his master; on he exclaimed: “ This piece is not bad, which the count sent for Carstens, who and you may even attain a much higher made known to him the motives of his rank in the art ; but you haie a long journey, and the resources which be tract to pass over. How old are you " hoped to derive at Rome from the exerCarstens answered that he was in his cise of his art. The count shook his twenty-eighth year. Then,” replied head at this. “ At Rome," said he, Abilyaard, “there is little hope for you. " there are already a sufficient number At that age, one ought to be master of of artists contending for the means of the management of colours; it is an ex. subsistence -> you must not put any de. ercise that must be begun in youth.” pendance on the Italians; the artists of Carstens informed him of the circumstan- that nation live on the purses of foreignces which had retarded his progress. It would be best for you to go to “ It is lucky,” replied the other, " that Milan; I will give you a letter of recom. you completed your apprenticeship: the saendation to one of my old fellow-solwine-irade may prove a useful resource diers, and if you get any money there, for you." These words provoked Carson you can at any time easily proceed to tens; who rejoined with vivacity, that Rome." oil-painting was far from constiinting Carstens followed this advice, but the alone the principal merit of an artist, and letter of recommendation did not produce sbat Michael Angelo disdained, to paint any great effect. It was addressed to in oil. He then left the professor ab. general Stein, who, after reading it, threw ruptly; and on returning he me, spread a it on the table, saying, “ Indeed, I do large canvas, and preparied to execute not know what this old fool thinks of, in bis Eolus in oil-colours. He worked at sending such people to me. My friends, it day and night; and in two months the I can do nothing for you: try to find picture was finished,
better fortune elsewhere.” These words in one of the public exhibitions of the affected Carstens tvith a lively grief. Ile academy, Carstens had obtained the sil- thus found himself compelled to renounce ter medal, and it was universally expected an undertaking from which he anticipa. that the golden one would be given to a ted the most brilliant success. The reyoung painter whose design was much su- flection of being now without inoney, in perior to all the others. It was however a country where he did not understand adjudgent to a relation of Abilgaard; and the language spoken, entirely depressed this preferevce was easily accounted for. his spirits; and he saw no other course Carstens felt the strongest indignation for him to adopt, than that of returning at this incident, and sefused to accept into Germany. After passing, some the medal which was awarded to him, days in admiring the magnificent pictures unless the first prize v. ere granted to the of Leonardo da Vinci, he set out with student who had justly merited it. This his brother, and having crossed mount terminated bis connection with the aca St. Gothard on foot, they reached Zurich. demy, and the resolution for his expulsion Here Carstens made it the first object was publicly posted up at the door: but of his attention to pay a visit to Gessner, the professers kept him in their remem who has acquired a still higher reputation brance; and in the next year gave him by his idylls than by bis landscapes, hopes of obtaining from the crown though the latter are not without merit. prince a pension, and permission to go Gessner received him with kindness; to Rome. Carstens however rejected and, as our traveller was under the nethis idea, replying that he boped he cesssity of selling several of his designs, should soou go io Rome without chat as. he informed him of some proper persons for sistance; and in fact from t'sat moment that purpose, to whom he gave him lethe began to collect a small sum which he ters of recommendation. One of these destined exclusively for ine execution of was Lavater: with him Carstens had a this project. He er,gaged one of his long dispute on die subject of the fine