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tablished; but upon address of both house's of parliament it may be lawful to remove them."

The object of this statute was not to give any new power to the parliament, respecting the removal of the judges, but to make them independent of the king, and to point out when only it should be Jawful for him to remove a judge; viz. upon the address of both houses of parliament.

Every lawyer knows the power of parliament is so transcendant and absolute, (1. Bl. Com. 160, 161) that it cannot be confined either for causes or persons within any bounds. That it can do every thing that is not naturally impossible. The meaning of which is, that there is no existing authority 'to control its acts or doings. And therefore, as is observed, "If by any means a misgovernment should any way fall upon it, the sub jects of the kingdom are left without all manner of remedy." For, as the same writer observes," so dong as the English constitution lasts, we may venture to affirm, that the power of parliament is absolute and without control."

And I venture to affirm, that so long as the constitution of the state shall last, that the power of our legislature is neither absoJute nor without control, that it possesses not full sovereign power in all cases; but, on the contrary, as it is created by the constitution, so its powers and authorities are thereby marked out and circumscribed. The people have therein said to that, as well as to the other branches of our government, hitherto shalt thou come, and no further. Besides pointing out many particular limitations and restrictions, which they may not constitutionally overleap, it declares generally, The legislative depart

ment shall never exercise the executive and judicial powers, or either of them." It gives full power and authority to make, ordain, and establish all manner of wholesome and reasonable orders, laws, &c. but it leaves not this im• portant power without restriction, for it adds, "so as the same be not repugnant or contrary to this constitution."

It is a possible case, the legis lature may inadvertently overleap their bounds, that they might do an act purely executive or judicial. If such a case should happen, are the citizens, whose rights and interests may be thereby affected, left, as the subjects in England, without all manner of remedy? Or have they a constitutional right tỡ resort for redress to the supreme judicial department? But,

If this be the constitutional mode, and that it is, several decis ions of that court have determin ed, and fully relieved the parties aggrieved; I ask, can the ci tizen look for "an impartial interpretation of the laws and administration of justice." if the judges are dependent upon the body of whose act he complains, not only for their salaries, but even for their continuance in office? Will it answer to tell him, that, notwithstanding such things, his declared constitutional right "to be tried by judges as free, impartial, and independent as the lot of humanity will admit," remains unimpaired to him?

I might go on to put many more questions touching this subject, se important to every citizen, which would not require any answer from me. But I forbear. The subject is of a delicate nature, and my sole object is to call my fellow citizens in general to a calm, deliberate reflection upon it, before

precedents are too firmly established to be overthrown or chang ed. But,

If this subject does not engage the attention of the people, if it has become a maxim among them, that their representatives can do no wrong, either intentionally, or through errour of judgment, then all the consequences of a depend

ent judiciary must be endured by them. They have a right to bring this subject again before the legislature by instructions to their representatives, when they shall think fit. This is a constitutional and a peaceable mode, whenever they think their rights or their liberties have been brought into question by the acts of former legislatures.

For the Anthology.

ORIGINAL LETTERS

FROM AN AMERICAN TRAVELLER IN EUROPE TO HIS FRIENDS IN THIS COUNTRY.

[We congratulate our readers on the opportunity of perusing the series of letters, now commenced. We thank the writer for enhancing the value of our Miscellany by these communications; and we know the publick will thank him for allowing us to render them partakers of a pleasure and benefit, which has been hitherto confined to a few.]

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MY DEAR FRIEND,

Florence, February 12, 1805. lustrious stock; Dante; Torricelli; Galileo; Michel Angelo, or Agnolo; Machiavel; Americus Vespusius, have all of them, in their various departments, contributed to create a splendour around this city, before celebrated for the early revival, and since, for the unremitted encouragement, of the fine arts. In the church of Santa Croce they have erected so many monuments to the distinguished geniuses of Italy, that it has been very properly called the Westminster Abbey' of Florence. In visiting these testimonies of gratitude to the dead, or rather these splendid proofs of the vanity of the living, we are irresistibly led to look more accurately into their biography, than when we consider them at a distance; and although I have no doubt that you are in general acquainted with the characters of these illustrious men,

IN a city which has given birth, employment, or burial to so many illustrious men, my friends have a right to expect that I should say something. If I have not collected any new traits in their characters; at least I ought to be able to say, whether like prophets they have died without honour in their own country, as it is certain many of them lived in it without comfort. I ought to say, whether, where, and when,their country has erected brazen or marble monuments to the memory of men, whom other nations have agreed to place among the most distinguished of mankind. Few cities can boast of having enrolled more illustrious persons among their citizens, than Florence. Cosmo and Lorenzo di Medici; Leo X. of the same il

yet it may afford you an hour's

amusement to retrace some anec

dotes and traits in their history. I know of no man in ancient or modern days, whose fate was more extraordinary than that of Galileo. You well know the opposition which he met with while alive in propagating those doctrines which all men, since he is dead, concur to acknowledge to be correct.

Viviani, who styles himself his last pupil, was so impressed with his merits, that, whilst he did not dare openly to erect a mausoleum to his memory, he built a large palace, in the front of which he placed the bust of this philosopher, and in the ornaments of the façade he contrived to introduce his most important discoveries. Not content with this, he ordered by his will, that a monument should be erected, which was afterwards executed in 1783, and placed in the church of Santa Croce, opposite to that of Michael Agnolo. It is a superb marble sarcophagus, supported by Astronomy and Geometry, the sister sciences to which Galileo was most attached.

The execution of the honourable intentions of Viviani was suspended for a long time by the continuance of the same absurd prejudices, which had embittered the life of Galileo.

This great man, truly philosophick, if ever man deserved the title, had encountered all the jealousy and persecution, which men, superiour to their own age, are wont to experience.

His works had been condemned by the inquisition. Pursued himself, and thrown into prison, after six years confinement, he was not permitted to come out till he had abjured what all philosophers now know to be correct, as to the revolution of the earth around the sun.

Having survived this humiliation, he died in 1642, at the age of 78 years; his labours, his merit, his distinguished pupils, the favour even of his sovereign, his unmerited sufferings, could not procure him respite even in his last moments. Bigotry and superstition, the offspring of ignorance, were leagued against him. It was solemnly debated in the ecclesiastical courts, whether he could dispose of his goods by testament, and whether the church would grant him christian sepulture. This last point was settled against him, and being suspected of having relapsed into his former errours, of the rotundity and revolution of the earth, he was, as a heretick, interred in profane earth. It required all the credit and wealth of Viviani to erect in the midst of Florence a monument to his memory. It was afterwards decided by the grave theologians, that his ashes might be removed to sacred ground, but without any mark of distinction or honour, and it was not till after a solemn judicial decision, that they were permitted to place his remains in the monument designed to cover them. does not remain (says a writer) any trace of the theological hatred against this great man, except an index of books prohibited, which was renewed under the pontificate of Benedict XIV. in 1758. dialogue, which constituted his chief crime, together with the works of Bacon, Copernicus, Kepler, Descartes, and Foscarini, pupil of Galileo, were by that pope still proscribed.

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It would be a mistake to suppose that Galileo brought this treatment upon himself by imprudence or bravado. To judge by a letter which he wrote to the archduke Leopold, when he sent him the

first telescopes which he had invented, he was far from shewing an insolent temper. This letter was accompanied by a memoir upon the causes of the tides, considered on the Copernican system, and which also was afterwards condemned by the inquisition. Galileo says in this letter, as nearly as I can understand the Italian, "I happened to write this, while the theological lords were debating on the prohibition of the books of Copernicus, and respecting the opinion advanced in said books, and which I have for some time believed to be true, unless it should please these gentlemen to forbid the said books to be read, and to declare false and contrary to holy writ, the aforesaid opinions. Now I know, that it is my duty to obey and believe the decisions of my superiours, who are much better informed than I am, and to whose intelligence my inferiour genius cannot reach. I consider then this writing, which I send you, as a piece of poetry, or rather a dream, and as such I beg your excellency to receive it; but as every day we find poets appreciating their own fantasies, so I have the vanity to have some esteem of this opinion of mine." I was pleased with the foregoing trait of Galileo, which I have just met with, and I could not refuse myself the pleasure of giving it to you.

The fickle and persecuting spirit of the Florentines was not confined to Galileo. Their illustrious poet Dante felt the effects of it. Banished from Florence by his ungrateful countrymen, he retired to Ravenna, where he died in 1341. After lying there a long time unhonoured and unknown, Bembo, the father of the cardinal, that famous patron of letters, erected a inonument to the memory of Dante,

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The Florentines afterwards repented of this cruelty to Dante, and by a publick decree rendered a just homage to the memory of the injured poet. The decree declares, that from the publick trea"there should be erected to him in the cathedral and in a distinguished place an artificially sculptured monument with such statues and insignia, as might best contribute to ornament it." They have also applied repeatedly to the inhabitants of Ravenna for permission to remove his ashes to Florence, but they have uniformly refused to part with the honourable deposit.

The celebrated Michal Agnolo Buonarotti was of the Florentine school, and, considered in all the points of his character, may be rated as the first genius, who has appeared since the revival of letters. They attribute his early taste for sculpture to his having been nursed in a village, where the greater part of the people were of that profession. The effect however of such an accidental circumstance would have been very unimportant, if the Genius of the fine arts had not breathed into him a por. tion, and a large one, of her celestial fire. His wonderful success, and the vast variety and extent of his knowledge, may however be fairly attributed in some degree to the number of years which he was

enabled to devote to the exercise of his peculiar talents. He was born in 1475 and died in 1564, and continued the active pursuit of his profession till his decease. He was actually employed in erecting his chef d'œuvre in architecture, St. Peter's, at the moment of his death. At fourteen years of age he was placed with a celebrated sculptor, and at sixteen his works were considered far superiour to those of his master.

So universal was the genius of Michal Agnolo, that it has long been disputed, whether he excelled most as a Painter Sculptor or Architect.

In the former, his Day of Judgment in the Sixtine Chapel in the Vatican-in Sculpture, his Moses in the church of St. Peter in Vinculo-and in Architecture, the Dome of St. Peter's, are considered as his chef d'œuvres,

I have no hesitation in saying, (as I have no reputation to lose as a connoisseur, because I make no pretensions to the character) that I think, his architectural talents were most pre-eminent. As a painter, although he may have been a good composuist according to the rules of art, there is a harshness and coarseness extremely disagreeable to me in the character of his personages.

I know that this very quality is said to constitute the excellence of his manner, which consists in boldness and force, grandeur and subJimity, rather than grace and soft

ness.

But it is precisely his man ner which displeases me; he makes every man an Hercules, and every woman an Amazon. I am told, and I believe, that his anatomy is perfect, and I confess that his pieces appear to me rather fitted for lessons to a young surgeon,

than to allure and captivate the eye of Taste.

In sculpture this manner of Mi chel Agnolo is less unpleasant. Unless the artist is forming an Adonis or a Venus, we have no objection to see the muscles well pronounced in a statue, and to havę the form vigorous and masculine; and it must be admitted that few if any of the modern artists can compare with this great master. I cannot say however that I think Bernini much inferiour to him; but in architecture I take it to be conceded, that Michael Agnolo stands without a rival among the moderns.

There is one circumstance in his Day of Judgment which rigid criticks might censure, but which poets and painters will perhaps forgive, and that is, his blending the heathen mythology with the doctrines of revelation, and this too upon so solemn and affecting a subject. In the back ground he represents the Supreme Being, with our Saviour at his right hand, with all the sublimity which the canvas could display : still I think it a subject too awful for the pencil, and I have never myself been satisfied with the highest attempts to delineate that Being, whom "eye hath not seen." In the fore ground we see Charon with his boat, ferrying over the Styx the souls of the departed. It must be acknowledged, that this is a strange confusion of sacred and profane ideas, and, with due respect to the memory of that great man, and to the piety of the popes who 'permitted it to be executed in their chapel, it appears to me to be little short of blasphemy.

There was a piece of satire also in this piece, which I still more wonder how the Sacred College could forgive. Michel Angele

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