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master an unknown character of an unknown language-to look out words in a lexicon, in the use of which he is inexpert-to guess, by many trials, in which of the numerous senses detailed in the lexicon he is to use the wordto attend to the inflexions of cases and tenseto become acquainted with the syntax of the language-and to become acquainted with these inflexions and this syntax from books written in foreign languages, and full of the most absurd and barbarous terms, and this a! the tenderest age, when the mind is utterly unfit to grapple with any great difficulty; and the boy, who revolts at all this folly and absurdity, is set down for a dunce, and must go into a marching regiment, or on board a man of war! The Hamiltonian pupil has his word looked out for him, its proper sense ascer tained, the case of the substantive, the inflexions of the verb pointed out, and the syntaxical arrangement placed before his eyes. Where, then, is he to encounter these difficulties? Does he hope to escape them entirely? Certainly not, if it is his purpose to become a great scholar; but he will enter upon them when the character is familiar to his eyewhen a great number of Greek words are fa miliar to his eye and ear-when he has practically mastered a great deal of grammarwhen the terminations of verbs convey to him different modifications of time, the terminations of substantives different varieties of circumstance-when the rules of grammar, in short, are a confirmation of previous observation, not an irksome multitude of directions, heaped up without any opportunity of imme

as profound in grammar as he (or those who educate him) may choose; whereas the old method aims at making all more profound grammarians than three-fourths wish to be, or than nineteen-twentieths can be. One of the enormous follies of the enormously foolish education in England, is, that all young men -dukes, fox-hunters, and merchants-are educated as if they were to keep a school, and serve a curacy; while scarcely an hour in the Hamiltonian education is lost for any variety of life. A grocer may learn enough of Latin to taste the sweets of Virgil; a cavalry officer may read and understand Homer, without knowing that in comes from with a smooth breathing, and that it is formed by an improper reduplication. In the mean time, there is nothing in that education which prevents a scholar from knowing (if he wishes to know) what Greek compounds draw back their accents. He may trace verbs in i from polysyllables in i, or derive endless glory from marking down derivatives in , changing the of their primitives into iota. Thus in the Hamiltonian method, a good deal of grammar necessarily impresses itself upon the mind (chemin faisant), as it does in the vernacular tongue, without any rule at all, and merely by habit. How is it possible to read many Latin keys, for instance, without remarking, willingly or unwillingly, that the first person of verbs end in o, the second in 8, the third in t?-that the same adjective ends in us or , accordingly as the connected substantive is masculine or feminine, and other such gross and common rules? An English-diate application. man who means to say, I will go to London, does not say, I could go to London. He never read a word of grammar in his life; but he has learnt by habit, that the word go, signifies to proceed or set forth, and by the same habit he learns that future intentions are expressed by I will; and by the same habit the Hamiltonian pupil, reading over, and comprehending twenty times more words and phrases than the pupil of the ancient system, insensibly but infallibly fixes upon his mind many rules of grammar. We are far from meaning to say, that the grammar thus acquired will be sufficiently accurate for a first-rate Latin and Greek scholar; but there is no reason why a young person arriving at this distinction, and educated in the Hamiltonian system, may not carry the study of grammar to any degree of minuteness and accuracy. The only difference is, that he begins grammar as a study, after he has made a considerable progress in the language, and not before a very important feature in the Hamiltonian system, and a very great improvement in the education of children.

The imperfections of the old system proceed in a great measure from a bad and improvident accumulation of difficulties, which must all, perhaps, though in a less degree, at one time or another be encountered, but which may be, and in the Hamiltonian system are, much more wisely distributed. A boy who sits down to Greek with lexicon and grammar, has to

The real way of learning a dead language, is to imitate, as much as possible, the method in which a living language is naturally learnt. When do we ever find a well-educated Englishman or Frenchman embarrassed by an ignorance of the grammar of their respective languages? They first learn it practically and unerringly; and then, if they choose to look back and smile at the idea of having proceeded by a number of rules without knowing one of them by heart, or being conscious that they had any rule at all, this is a philosophical amusement: but whoever thinks of learning the grammar of their own tongue before they are very good grammarians? Let us hear what Mr. Locke says upon this subject:-"If grammar ought to be taught at any time, it must be to one that can speak the language already; how else can he be taught the grammar of it? This at least is evident, from the practice of the wise and learned nations amongst the ancients. They made it a part of education to cultivate their own, not foreign languages. The Greeks counted all other nations barbarous, and had a contempt for their languages. And though the Greek learning grew in credit amongst the Romans towards the end of their commonwealth, yet it was the Roman tongue that was made the study of their youth: their own language they were to make use of, and therefore it was their own language they were instructed and exercised in.

"But, more particularly, to determine the proper season for grammar, I do not see how it can reasonably be made any one's study, but as an introduction to rhetoric. When it is thought time to put any one upon the care of polishing his tongue, and of speaking better than the illiterate, then is the time for him to be instructed in the rules of grammar, and not before. For grammar being to teach men not to speak, but to speak correctly, and according to the exact rules of the tongue, which is one part of elegancy, there is little use of the one to him that has no need of the other. Where rhetoric is not necessary, grammar may be spared. I know not why any one should waste his time, and beat his head about the Latin grammar, who does not intend to be a critic, or make speeches, and write despatches in it. When any one finds in himself a necessity or disposition to study any foreign language to the bottom, and to be nicely exact in the knowledge of it, it will be time enough to take a grammatical survey of it. If his use of it be only to understand some books writ in it, without a critical knowledge of the tongue itself, reading alone, as I have said, will attain that end, without charging the mind with the multiplied rules and intricacies of grammar." -Locke on Education, p. 78, folio.

In the Eton Grammar, the following very plain and elementary information is conveyed to young gentlemen utterly ignorant of every syllable of the language:—

"Nomina anomala quæ contrahuntur sunt, Οκοπαθή, quæ contrahuntur in omnibus, ut yous joús, &c. Ongerat, quæ in paucioribus casibus contrahuntur, ut substantiva Barytonia in g. Imparyllatria in cug," &c. &c.

" finis thematis finis utriusque futuri est
Post liquidam in primo, vel in unoquoque secundo,
w circumflexum est. Ante o finale character
Explicitus de primi est implicitusque futuri
w itaque in quo e quasi plexum est solitu in ow.”
Westminster Greek Grammar, 1914.

Such are the easy initiations of our present methods of teaching. The Hamiltonian syзtem, on the other hand, 1. teaches an unknown tongue by the closest interlinear translation, instead of leaving a boy to explore his way by the lexicon or dictionary. 2. It postpones the study of grammar till a considerable progress has been made in the language, and a great degree of practical grammar has been ac quired. 3. It substitutes the cheerfulness and competition of the Lancasterian system for the dull solitude of the dictionary. By these means, a boy finds he is making a progress, and learning something from the very beginning. He is not overwhelmed with the first appearance of insuperable difficulties; he receives some little pay from the first moment of his apprenticeship, and is not compelled to wait for remuneration till he is out of his time. The student having acquired the great art of understanding the sense of what is written in another tongue, may go into the study of the language as deeply and as extensively as he pleases. The old system aims at beginning with a depth and accuracy which many men never will want, which disgusts many from arriving even at moderate attainments, and is a less easy, and not more certain road to a profound skill in languages, than if attention to grammar had been deferred to a later period.

In fine, we are strongly persuaded, that the time being given, this system will make better scholars; and the degree of scholarship being given, a much shorter time will be needed. If there is any truth in this, it will make Mr. From the Westminster Grammar we make Hamilton one of the most useful men of his the following extract-and some thousand age; for if there is any thing which fills rerules, conveyed in poetry of equal merit, must flecting men with melancholy and regret, it is be fixed upon the mind of the youthful Grethe waste of mortal time, parental money, and cian, before he advances into the interior of the language.

puerile happiness, in the present method of I pursuing Latin and Greek.

COUNSEL FOR PRISONERS.*

[EDINBURGH Review, 1826.]

Ox the sixth of April, 1824, Mr. George | well considered. He is, indeed, almost the Lamb (a gentleman who is always the advo- only person we remember in his station, who cate of whatever is honest and liberal) pre- has not considered sound sense to consist in sented the following petition from several jurymen in the habit of serving on juries at the Old Bailey :

"That your petitioners, fully sensible of the invaluable privilege of jury trials, and desirous of seeing them as complete as human institutions will admit, feel it their duty to draw the attention of the House to the restrictions imposed on the prisoner's counsel, which, they humbly conceive, have strong claims to a legislative remedy. With every disposition to decide justly, the petitioners have found, by experience, in the course of their attendances as jurymen in the Old Bailey, that the opening statements for the prosecution too frequently leave an impression more unfavourable to the prisoner at the bar than the evidence of itself could have produced; and it has always sounded harsh to the petitioners to hear it announced from the bench, that the counsel, to whom the prisoner has committed his defence, cannot be permitted to address the jury in his behalf, nor reply to the charges which have, or have not, been substantiated by the witnesses. The petitioners have felt their situation peculiarly painful and embarrassing when the prisoner's faculties, perhaps surprised by such an intimation, are too much absorbed in the difficulties of his unhappy circumstances to admit of an effort towards his own justification, against the statements of the prosecutor's counsel, often unintentionally aggravated through zeal or misconception; and it is purely with a view to the attainment of impartial justice, that the petitioners humbly submit to the serious consideration of the House the expediency of allowing every accused person the full benefit of counsel, as in cases of misdemeanour, and according to the practice of the civil courts."

With the opinions so sensibly and properly expressed by these jurymen, we most cordially agree. We have before touched incidentally on this subject; but shall now give to it a more direct and a fuller examination. We look upon it as a very great blot in our over-praised criminal code; and no effort of curs shall be wanting, from time to time, for its removal.

We have now the benefit of discussing these subjects under the government of a home secretary of state, whom we may (we believe) fairly call a wise, honest, and high principled man-as he appears to us, without wishing for innovation, or having any itch for it, not to be afraid of innovation,† when it is gradual and

Stockton on the Practice of not allowing Counsel for Prisoners accused of Felony. 8vo. London, 1826. +We must always except the Catholic question. Mr.

the rejection of every improvement, and .oy alty to be proved by the defence of every ac cidental, imperfect, or superannuated institu tion.

If this petition of jurymen be a real bonâ fide petition, not the result of solicitationand we have no reason to doubt it—it is a warning which the legislature cannot neglect, if it mean to avoid the disgrace of seeing the lower and middle orders of mankind making laws for themselves, which the government is at length compelled to adopt as measures of their own. The judges and the Parliament would have gone on to this day, hanging, by wholesale, for the forgeries of bank notes, if juries had not become weary of the continual butchery, and resolved to acquit. The proper execution of laws must always depend, in great measure, upon public opinion; and it is undoubtedly most discreditable to any men intrusted with power, when the governed turn round upon their governors, and say, "Your laws are so cruel, or so foolish, we cannot, and will not act upon them."

The particular improvement, of allowing counsel to those who are accused of felony, is so far from being unnecessary, from any extraordinary indulgence shown to English prisoners, that we really cannot help suspecting, that not a year elapses in which many innocent persons are not found guilty. How is it possible, indeed, that it can be otherwise? There are seventy or eighty persons to be tried for various offences at the assizes, who have lain in prison for some months; and fifty of whom, perhaps, are of the lowest order of the people, without friends in any better condition than themselves, and without one single penny to employ in their defence. How are they to obtain witnesses? No attorney can be employed-no subpœna can be taken out; the witnesses are fifty miles off, perhaps totally uninstructed-living from hand to mouth-utterly unable to give up their daily occupation to pay for their journey, or for their support when arrived at the town of trial-and, if they could get there, not knowing where to go, or what to do. It is impossible but that a human being, in such a helpless situation, must be found guilty; for, as he cannot give evidence for himself, and has not a penny to fetch those who can give it for him, any story told against him must be taken for true (however false); Peel's opinions on this subject (giving him credit for sin cerity) have always been a subject of real surprise to us. It must surely be some mistake between the right honourable gentleman and his chaplain! They have been travelling together; and some of the parson's notions have been put in Mr. Peel's head by mistake. We yet hope he will return them to their rightful owner.

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he prosecutes at the expense of the county. He cannot even relent; for the magistrate is bound over to indict. His witnesses cannot fail him; for they are all bound over by the same magistrate to give evidence. He is out of prison, too, and can exert himself.

The prisoner, on the other hand, comes into court, squalid and depressed from long confinement-utterly unable to tell his own story from want of words and want of confidence, and is unable to produce evidence for want of money. His fate accordingly is obvious;— and that there are many innocent men punished every year, for crimes they have not committed, appears to us to be extremely probable. It is, indeed, scarcely possible it should be otherwise: and, as if to prove the fact, every now and then, a case of this kind is detected. Some circumstances come to light between sentence and execution; immense exertions are made by humane men; time is gained, and the innocence of the condemned person completely established. In Elizabeth Caning's case, two women were capitally convicted, ordered for execution—and at last found innocent, and respited. Such, too, was the case of the men who were sentenced ten years ago, for the robbery of Lord Cowper's steward. "I have myself (says Mr. Scarlett) often seen persons I thought innocent convicted, and the guilty escape, for want of some acute and intelligent counsel to show the bearings of the different circumstances on the conduct and situation of the prisoner."-(House of Commons Debates, April 25th, 1826.) We were delighted to see, in this last debate, both Mr. Brougham and Mr. Scarlett profess themselves friendly to Mr. Lamb's motion.

since it is impossible for the poor wretch to contradict it. A brother or a sister may come -and support every suffering and privation themselves in coming; but the prisoner cannot often have such claims upon the persons who have witnessed the transaction, nor any other claims but those which an unjustly accused person has upon those whose testimony can exculpate him-and who probably must starve themselves and their families to do it. It is true, a case of life and death will rouse the poorest persons, every now and then, to extraordinary exertions, and they may tramp through mud and dirt to the assize town to save a life-though even this effort is precarious enough but imprisonment, hard labour, or transportation, appeal less forcibly than death, and would often appeal for evidence in vain, to the fee and limited resources of extreme poverty. It is not that a great proportion of those accused are not guilty-but that some are not -and are utterly without means of establishing their innocence. We do not believe they are often accused from wilful and corrupt perjury: but the prosecutor is himself mistaken. The crime has been committed; and in his thirst for vengeance, he has got hold of the wrong man. The wheat was stolen out of the barn; and, amidst many other collateral circumstances, the witnesses (paid and brought up by a wealthy prosecutor, who is repaid by the county) swear that they saw a man, very like the prisoner, with a sack of corn upon his shoulder, at an early hour of the morning, going from the barn in the direction of the prisoner's cottage! Here is one link, and a very material link, of a long chain of circumstantial evidence. Judge and jury must give it weight, till it is contradicted. In fact, the But in how many cases has the injustice prisoner did not steal the corn; he was, to be proceeded without any suspicion being exsure, out of his cottage at the same hour-and cited? and even if we could reckon upon men that also is proved-but travelling in a totally being watchful in capital cases, where life is different direction, and was seen to be so tra- concerned, we are afraid it is in such cases velling by a stage coachman passing by, and alone that they ever besiege the secretary of by a market gardener. An attorney with state, and compel his attention. We never money in his pocket, whom every moment of remember any such interference to save a such employ made richer by six-and-eight man unjustly condemned to the hulks or the pence, would have had the two witnesses treadmill; and yet there are certainly more ready, and at rack and manger, from the first condemnations to these minor punishments day of the assize; and the innocence of the pri- than to the gallows: but then it is all onesoner would have been established: but by who knows or cares about it? If Harrison or what possible means is the destitute, ignorant Johnson has been condemned, after regular wretch himself to find or to produce such wit- trial by jury, to six months' treadmill, because nesses? or how can the most humane jury, Harrison and Johnson were without a penny and the most acute judge, refuse to consider to procure evidence-who knows or cares him as guilty, till his witnesses are produced? about Harrison or Johnson? how can they We have not the slightest disposition to exag- make themselves heard? or in what way can gerate, and, on the contrary, should be ex- they obtain redress? It worries rich and com tremely pleased to be convinced that our ap-fortable people to hear the humanity of our prehensions were unfounded: but we have often felt extreme pain at the hopeless and unprotected state of prisoners; and we cannot find any answer to our suspicions, or discover any means by which this perversion of justice, under the present state of the law, can be prevented from taking place. Against the prisoner are arrayed all the resources of an angry prosecutor, who has certainly (let who will be the culprit) suffered a serious injury. He has his hand, too, in the public purse; for

penal laws called in question. There is talk of a society for employing discharged prison. ers: might not something be effected by a society instituted for the purpose of providing to poor prisoners a proper defence, and a due attendance of witnesses? But we must hasten on from this disgraceful neglect of poor pri soners, to the particular subject of complaint we have proposed to ourselves.

The proposition is, That the prisoner accusea of felony ought to have the same power of select

ng counsel to speak for him as he has in cases of treason and misdemeanour, and as defendants have in all civil actions.

Nothing can be done in any discussion upon any point of law in England, without quoting Mr. Justice Blackstone. Mr. Justice Blackstone, we believe, generally wrote his Commentaries late in the evening, with a bottle of wine before him; and little did he think, as tach sentence fell from the glass and pen, of the immense influence it might hereafter exercise upon the laws and usages of his country. "It is" (says this favourite writer) "not at all of a piece with the rest of the humane treatment of prisoners by the English law; for upon what face of reason can that assistance be denied to save the life of a man, which yet is allowed him in prosecutions for every petty trespass?" Nor, indeed, strictly speaking, is it a part of our ancient law; for the Mirror, having observed the necessity of counsel in civil suits, who know how to forward and defend the cause by the rules of law and customs of the realm, immediately subjoins "and more necessary are they for defence upon indictment and appeals of felony, than upon any other venial crimes." To the authority of Blackstone may be added that of Sir John Hall, in Hollis's case; of Sir Robert Atkyns, in Lord Russell's case; and of Sir Bartholomew Shower, in the arguments for a New Bill of Rights, in 1682. "In the name of God," says this judge, "what harm can accrue to the public in general, or to any man in particular, that, in cases of State-treason, counsel should not be allowed to the accused? What rule of justice is there to warrant its denial, when, in a civil case of a halfpenny cake, he may plead either by himself or by his advocate? That the court is counsel for the prisoner can be no effectual reason; for so they are for each party, that right may be done."-(Somer's Tracts, vol. ii. p. 568.) In the trial of Thomas Rosewell, a dissenting clergyman, for high treason in 1684, Judge Jeffries, in summing up, confessed to the jury, "that he thought it a hard case, that a man should have counsel to defend himself for a twopenny trespass, and his witnesses be examined upon oath; but if he stole, committed murder or felony, may, high treason, where life, estate, honour, and all were concerned, that he should neither have counsel, nor have his witnesses examined upon oath."-Howell's State Trials, vol. x. p. 207.

There have been two capital errors in the criminal codes of feudal Europe, from which a great variety of mistake and injustice have proceeded; the one, a disposition to confound accusation with guilt; the other, to mistake a defence of prisoners accused by the crown, for disloyalty and disaffection to the crown; and from these errors our own code has been slowly and gradually recovering, by all those struggles and exertions which it always costs to remove folly sanctioned by antiquity. In the early periods of our history, the accused person could call no evidence:-then, for a long time, his evidence against the king could not be examined upon oath; consequently, he

not

might as well have produced none, as all the evidence against him, was upon oath. Till the reign of Anne, no one accused of felony could produce witnesses upon oath; and the old practice was vindicated, in opposition to the new one, introduced under the statute of that day, or the grounds of humanity and tenderness to the prisoner! because, as his witnesses were not restricted by an oath, they were at liberty to indulge in simple falsehood as much as they pleased;so argued the blessed defenders of nonsense in those days. Then it was ruled to be indecent and improper that counsel should be employed against the crown; and, therefore, the prisoner accused of treason could have no counsel. In like manner, a party accused of felony could have no counsel to assist him in the trial. Counsel might indeed stay in the court, but apart from the prisoner, with whom they could have no communication. They were allowed to put any question, or to suggest any doubtful point of law; but if the prisoner (likely to be a weak, unlettered man) could himself suggest any doubt in matter of law, the court determined first if the question of law should be entertained, and then assigned counsel to argue it. In those times, too, the jury were punishable if they gave a false verdict against the king, but were not punishable if they gave a false verdict against the prisoner. The preamble of the Act of 1696 runs thus,-"Whereas it is expedient that persons charged with high treason should make a full and sufficient defence." Might it not be altered to persons charged with any species or degree of crime? All these errors have given way to the force of truth, and to the power of common sense and common humanity-the Attorney and Solicitor General, for the time being, always protesting against each alteration, and regularly and officially prophesying the utter destruction of the whole jurisprudence of Great Britain. There is no man now alive, perhaps, so utterly foolish, as to propose that prisoners should be prevented from producing evidence upon oath, and being heard by their counsel in cases of high treason; and yet it cost a struggle for seven sessions to get this measure through the two houses of Parliament. But mankind are much like the children they beget-they always make wry faces at what is to do them good; and it is necessary sometimes to hold the nose, and force the medicine down the throat. They enjoy the health and vigour consequent upon the medicine; bu: cuff the doctor, and sputter at his stuff!

A most absurd argument was advanced in the honourable house, that the practice of employing counsel would be such an expense to the prisoner!-just as if any thing was so expensive as being hanged! What a fine topic for the ordinary! "You are going" (says that exquisite divine) "to be hanged to-morrow, it is true, but consider what a sum you have saved! Mr. Scarlett or Mr. Brougham might certainly have presented arguments to the jury which would have insured your acquit tal; but do you forget that gentlemen of their eminence must be recompensed by large fees, and that, if your life had been saved, you

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