The Southern Literary Messenger, Vol. II., No. 9, August, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 9, August, 1836
Various
American literature -- 19th century -- Periodicals
In England the aristocracy is firmly established. Each Peerage rests,
at least fictitiously, on a real title, based on landed property.
France and Spain, with a much larger and more ancient and illustrious
nobility, have, however, never had a powerful and deeply-rooted
aristocracy. If the French noblesse of the States-General had formed a
political body strongly seated, properly supported, and distinctively
marked, the revolution could not have overthrown them with as much
ease as it did. Louis XVIII undertook, in 1814, to construct an upper
house; he was too late—the materials were wanting—he built with sand
on a foundation of sand.
It is now two years since M. Martinez de la Rosa also endeavored to
form one in Spain. Well! in the country where every body is a
_hidalgo_, he was unable to find grandees and _tilulos_ for his frail
edifice. He went to work like the French political masons in 1831; he
took political economists, philosophers, judges, lawyers, poets,
merchants, and mixed them all up with the little of true nobility that
remained. With this mortar he built his _proceres_, destined to last
about as long as the new Peers of France.
It is certain that the British Peerage has no longer the solid
strength it once possessed; but, though weakened and shaken, it
maintains itself by the vigor of its original organization; it does
not absolutely arrest the popular torrent, but it resists, even in
letting it pass along. However, this flood will not always dash
without injury, around the House which forms an obstacle to its
course; it is fast undermining its foundations; and will soon or late
overthrow the whole mass. It will have been long submerged while
Westminster Abbey still mirrors itself in the Thames. Such is the lot
of the works of the middle ages. Its buildings outlive its strongest
institutions.
The British Peerage is not only a legislative body; it is at the same
time a court of justice—not an extraordinary court for the trial of
its own members or persons accused of high treason, but a permanent
and regular court—a supreme court of appeals in civil matters. These
two attributes are, however, as distinct as the unavoidable
consequences of this double capacity will permit; good sense has
corrected in practice, the theoretical absurdity of the law. Although
every Peer is born a competent judge in every cause, as he is a born
legislator, the House of Lords only sits as a common tribunal when it
is represented by the lawyers belonging to its own body. For example,
Lord Brougham or Lord Lyndhurst, both Ex-Chancellors, usually sit in
the morning, and give a final judgment on civil suits brought to that
court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account