real bona fide objects of the assembly when met. It is unnecessary to enlarge upon these principles, because their notoriety has no doubt suggested this novel attempt to proceed by attachment, where they have no place; and I cannot help remarking, that the prosecutor (if his prosecution be founded in policy or justice) has acted with great indiscretion, by shewing that he is afraid to trust the people with that decision upon it which belongs to them by the constitution; and which they are more likely to give with impartial justice, than the judges whom he desires to decide upon it at the expence of their oaths and of the law. This is a strong expression, which perhaps I should not have used in answering the same case in the ordinary course of business; but writing to you, as a gen tleman, I have no scruple in saying, that the judges of the Court of King's Bench cannot entertain a jurisdiction by attachment over the matter contained in the affidavit which you have sent me, without such a gross usurpation and abuse of power, as would make me think it my duty, were I a member of the Irish parHament, to call them to account for it by impeachment. The rights of the superior courts to proceed by attachment, and the limitations imposed upon that right, are established upon principles too plain to be misunderstood. Every court must have power to enforce its own process, and to vindicate contempts of its authority; otherwise the laws would be despised, and this obvious necessity at once produces and limits the process of attachment. Wherever any act is done by a court which the subject is bound to obey, obedience may be enforced, and disobedience punished, by that summary proceeding. Upon this principle attachments issue against officers for contempts in not obeying the process of courts directed to them, as the ministerial servants of the law; and the parties on whom such process is served, may, in like manner, be attached for disobedience. Many other cases might be put, in which it is a legal proceeding, since every act which goes directly to frustrate the mandates of a court of justice, is a contempt of its authority. But I may venture to lay down this distinct and absolute limitation of such process, viz. that it can only issue in cases where the court which issues it, has awarded some process, given some judgment, made some legal order, or done some act, which the party against whom it issues, or others on whom it is binding, have either neglected to obey, contumaciously refused to submit to, excited others to defeat by artifice or force, or treated with terms of contumely and disrespect. But no crime, however enormous, even open treason and rebellion, which carry with them a contempt of all law, and the authority of all courts, can possibly be considered as a contempt of any parti cular court, so as to be punishable by attachment; unless the act, which is the object of that punishment, be in direct violation or obstruction of something previously done by the court which issues it, and which the party attached was bound, by some antecedent proceeding of it, to make the rule of his conduct. A constructive extension of contempt beyond the limits of this plain principle would evidently involve every misdemeanor, and deprive the subject of the trial by jury, in all cases where the punishment does not extend to touch his life. The peculiar excellence of the English government consists in the right of being judged by the country in every criminal case, and not by fixed magistrates apIn the higher pointed by the crown. order of crimes, the people alone can ac cuse, and without their leave, distinctly expressed by an indictment found before them, no man can be capitally arraigned; and in all the lesser misdemeanors, which either the crown, or individuals borrowing its authority, may prosecute, the safety of individuals and the public freedom absolutely depend upon the wellknown immemorial right of every defendant to throw himself upon his country for deliverance by the general plea of Not Guilty. By that plea, which in no such case can be demurred to by the Crown, or questioned by its judges, the whole charge comes before the jury on the general issue, who have ajurisdiction co-extensive with the accusation, the exercise of which, in every instance, the authority of the court can neither limit, supersede, controul, or punish. Whenever this ceases to be the law of England, the English constitution is at an end; and its period in Ireland is ar rived already, if the Court of King's Bench can convert every crime, by con struction, into a contempt of its autho rity, in order to punish by attachment. By this proceeding the party offended As I live in England, I leave it to the parliament and people of Ireland to consider what is their duty, if such authority is assumed and exercised by their judges: if it ever happens in this country, I shall give my opinion. It is sufficient for me to have given you my judgment as a lawyer upon both your questions; yet, as topics of policy representation of the people in the parliaments of both kingdoms, and a sincere admirer of that spirit and perseverance which in these days, when every impor tant consideration is swallowed up in luxury and corruption, has so eminently distinguished the people of your country. The interests of both nations are in ny opinion the same; and I sincerely hope that neither ill-timed severity on the part of government, nor precipitate measures on the part of the people of Ireland, may disturb that harmony between the remaining parts of the empire, which ought to be held more sacred, from a reflection on what has been lost. T. ERSKINE. SIR, OU will doubtless find a corner in YOU can never be misplaced when magistrates To the Editor of the Monthly Magazine. are to exercise a discretionary authority, I cannot help concluding with an observation, which both the crown and its courts would do well to attend to upon every occasion. The great objects of criminal justice are reformation and example; but neither of them are to be produced by punish ments which the laws will not warrant: on the contrary, they convert the offender into a suffering patriot; and that crime which would have been abhorred for its malignity, and the contagion of which would have been extinguished by a legal prosecution, unites an injured nation under the banners of the criminal, to protect the great rights of the community, which, in his person, have been endangered. These, sir, are my sentiments; and you may make what use of them you please. I am a zealous friend to a reform of the your miscellany for the following patriotic suggestion. Let the first square that shall be built in the capital of England, or in any of its provincial cities of eminence, such, for instance, as Liverpool or Bristol, be called by an act of the legislature for that purpose, Freedom Square, in honour of the abolition of slavery in the British colonies. A pillar may likewise be erected in the centre of this square, with appropriate emblems and inscriptions, and the names of those members of parliament who were most active and instrumental in the abolition be recorded in letters of gold on one side, and the names of the opposers in letters of lead on the other, to perpetuate their ignorance and imbecility. BRITANNICUS. MEMOIRS AND REMAINS OF EMINENT PERSONS. MEMOIRS of the LIFE and WORKS of A CARSTENS. SMUS JACOB CARSTENS was born the 10th of May, 1754, at St. Gurgen, a village near Šleswick; where his father was a miller, and his mother was the daughter of an advocate. At nine years of age his parents sent him, as a day-scholar, to a school at Sleswick, whence he returned home every even g; and as he took with him in the mornings his victuals for the day, he used to make his meals within a church near the gymnasium. There the paintings which decorated the walls, first awakened his imagination; for he had already mani 8 fested a taste for drawing, in amusing bimself by copying from the bad engra vings contained in his school-books. The performances of Jurian Ovens, one of the best disciples of Rembrandt, and who had fixed his residence in Holstein, chiefly engaged his attention; and he frequently inade use of a ladder, in order to examine them more closely. His imagination became exalted every time he contemplated these fine productions; and he thought it the height of ambition, to aspire at being, some ume, able to execute master-pieces of equal merit. lie applied with considerable ardour to feeble attempts, but he was entirely entirely ignorant of the manner of using colours. His mother, on observing such decided proofs of the bent of his genius, communicated to him the small degree of instruction in the art which she had herself received in her youth; and gave him a box of colours, which first put him into a capacity for handling the pencil. He made but little progress in the other branches of his education, as his predominaut taste absorbed all the powers of his mind; the reprimands of his precep tors had no effect: and Carstens quitted his classical studies at the age of sixteen, without knowing much more of them than when he first entered upon them. His mother consented to his wish of being placed in the work-room of a painter; and application was accordingly made to Tischbein, who at that time enjoyed great celebrity. The conditions however which the latter proposed for receiving him, were too degrading; the young artist could not submit to the character of a footinan, and the affair was in consequence broken off. About the same time, his mother died; on which the effects which she left were sold off, and the children were put under guardians. Carstens thus found himself removed further than ever from the attainment of his favourite purpose; and, being compelled to adopt a commercial life, settled in the house of a wine-merchant at Eckernfærde. He now formed a serious determination to renounce his attachment to painting; but still he was, ma manner, unsuspectingly drawn to this object. To this he devoted his hours of leisure; and his genius even took a new flight, in consequence of his forming an acquaintance with a young painter, who taught him the method of using oilcolours. His first attempt in this practice, was the copy of a head of Minerva, of the natural size, from Joseph d'Arpino. This head, and a picture from Abraham Diepenbeck (a pupil of Rubens), representing a satyr watching some sleeping nymphs, are the only pieces that Carstens ever copied. He began to succeed in portraits; and on executing those of his master and his family, was in consequence presented with a work of Kræker, on easel-painting. From this book he derived several ideas which were further developed when he became possessed of Webb's Enquiries concerning Beauty in Painting. By these means he learnt the names of the great masters: he considered himself initiated in the mysteries of the art; and could not longer think it possible for him to resist an inclination which daily assumed the character of a genuine passion. He had accomplished the five years of his apprenticeship; and, according to the terms of the agreement with his master, was still under an engagement to remain two years longer in his house: but an advocate with whom he had contracted an acquaintance, pointed out to him the means of liberating himself from this situation of painful dependance, by observing to him, that at the age which he had now attained, he was entitled to act according to his own inclinations in this respect, even in opposition to the engagements previously formed by his guardians, who had exceeded their lawful authority over him. The result of these suggestions was, that Carstens compromised the matter with his master, by paying him eighty crowns for his liberty. fle now went to Copenhagen, where he renewed an acquaintance which he had formed at Sleswick, with a painter named Ipsen, which proved of consider able service to him. He felt a strong desire to see the works of the great masters, which as yet he knew only by common fame; and his joy was extreme when he obtained access to the royal gallery: but it is impossible to express his sensations at beholding the monuments of sculpture which are preserved in the Hall of Antiques. He could scarcely believe that such master-pieces were mere productions of art: to his eyes they appeared to be rather the workmanship of a divinity. Here indeed he saw the Laocoon, the Vatican Apollo, the Farnese Hercules, &c. During his stay at Copenhagen,he passed entire days in admiring these sublime performances. But he did not undertake the task of copying them; for he thought it of more utility to impress his mind thoroughly with their particular features, and to express these afterward with his utmost accuracy, in every pos sible position. This constituted almost his sole employment; and he has acknowledged that nothing was of greater advantage to him in facilitating the study of the human body, and the grouping of the figures in composition-pictures. The anatomical lessons of professor Wiedenhaupt, gave him just ideas on the natural forms of the body; but he could not resolve on copying them from the models specially appropriated to this study. Designs from the antique, executed in the ,the mauner before explained, were the only undertakings that occupied him in a period of two years. The first picture on which Carstens tried his strength, was the death of Eschylus. It was only by dint of persevering labour that he brought this picce to some degree of perfection; but he was still far from understanding the true principles of composition: at every step he found new difficulties; and perceived his own errors, though he neither knew how to avoid them, nor to compensate for them by beauties. A perusal of the treatise of Dubos first shewed him the object at which every artist should aim in his performances; and the Dutch work of Gerard Lairesse on painting, assisted him in the application of these principles. Carstens derived his only resources from books: almost all his discoveries were the result of his own application. While he remained at a distance from the academy, he was of course unable to profit by the lessons of the professors; but, with the works of Raphael before his eyes, he was in no danger of mistaking his path. When he had been nearly four years at Copenhagen, he became acquainted with count Moltke, who possessed a very vaJuable gallery. Carstens visited this collection with great assiduity; and the count, having remarked that circumstance, desired to see some painting of his performance. For this purpose Carstens executed a design representing Adam and Eve near the Tree of Know. ledge, from Milton's Paradise Lost: the count approved this specimen; and engaged Carstens to execute it in oil, at the price of sixty crowns. Encouraged by this mark of beneficence, our young artist applied himself to the undertaking with ardour, and completed the picture in two months. The count was then in the country, and Carstens went himself to lay before him his performance: but his patron scarcely deigned to recollect him; and endeavoured to redeem his promise by offering him the inferior sum of eight ducats. Carstens, indignant at such a reception, rejected a reward which seemed to him to carry with it a proof of contempt. Even the keeper of the Count's gallery was affected by similar feelings at his master's conduct: he shewed an interest for the unfortunate artist; and mentioned him to cham berlain Warnstædt, one of the most enJightened connoisseurs of Copenhagen. This nobleman paid a v sit to Carstens, to assure him of his protection; and indeed, a few days afterward, the crown prince, having been informed of the conduct of count Moltke, sent for Carstens, gave him a kind reception, and bought his picture for a hundred crowns. This incident happened very fortunately for our artist, who had exhausted his slender patrimony. He now had recourse to a style which he had hitherto neglected, and in some degree despised, by resolving to follow portrait-painting, as a means of subsistence. But this pursuit did not absorb his whole time, and Carstens never lost sight of the end which he had contemplated from his first entering his carcer. His zeal, far from being checked by these obstacles, derived fresh incitements from them. He had formed an acquaintance with professor Stanley, an artist endowed with a lively and fertile imagination; who sometimes visited Carstens, and examined as designs. Among these there was one which particularly attracted his notice, representing, according to the mythology of the northern nations, the Gods lamenting over the Corpse of Balder. Stanley shewed this piece to his colleagues, who solicited Carstens to enter upon a course of academical study. He was not much inclined to comply with this invitation; but the favour which was granted to him of being admitted almost immediately into the Hall of Models, conquered his repugnance; and besides, he hoped that by this means he might engage the attention of the prince, and be placed in the number of pupils destined for the school of Rome. The design exhibited by Carstens on this occasion, was a composition of his own, representing Eolus and Ulysses; the latter producing an empty bottle and repulsed with contempt by the god. This design, which had a hard and wild character, struck the spectators, and deservedly obtained applause from the prince. Professor Abilgaard, who had some time before returned from Italy, had conceived a favourable opinion of the designs of Carstens, and even hoped to have him for a pupil; but he was unac quainted with the character of the young artist, who aspired to independence. The repugnance testified by Carstens to the proposals which were made to him on this subject, gave that celebrated painter a disinclination toward him. As Abilgaard had not been present at the exhibition of the designs, and, of course, had not an opportunity of judging of the merit of that of Carstens, he engaged the latter to let him see it. After viewing it a considerable time with attention, he exclaimed: “This piece is not bad, and you may even attain a much higher rank in the art; but you have a long tract to pass over. How old are you?" Carstens answered that he was in his twenty-eighth year. "Then," replicd Abilgaard, "there is little hope for you. At that age, one ought to be master of the management of colours; it is an excrcise that must be begun in youth." Carstens informed him of the circumstances which had retarded his progress. "It is lucky,” replied the other, "that you completed your apprenticeship: the wine-trade may prove a useful resource for you." These words provoked Carstens; who rejoined with vivacity, that oil-painting was far from constituting alone the principal merit of an artist, and that Michael Angelo disdained to paint in oil. He then left the professor ab. ruptly; and on returning home, spread a large canvas, and prepared to execute his Eolus in oil-colours. He worked at it day and night; and in two months the picture was finished. In one of the public exhibitions of the academy, Carstens had obtained the silver medal, and it was universally expected that the golden one would be given to a young painter whose design was much superior to all the others. It was however adjudged to a relation of Abilgaard; and this preference was easily accounted for. Carstens felt the strongest indignation at this incident, and refused to accept the medal which was awarded to him, unless the first prize were granted to the student who had justly merited it. This terminated his connection with the academy, and the resolution for his expulsion was publicly posted up at the door: but the professers kept him in their remembrance; and in the next year gave him hopes of obtaining from the crown prince a pension, and permission to go to Rome. Carstens however rejected this idea, replying that he hoped he should soon go to Rome without that as sistance; and in fact from that moment Le began to collect a small sum which he destined exclusively for the execution of this project. He engaged one of his brothers, who had learnt drawing at Sleswick, to accompany him; and they began their journey in 1783. When they arrived at Mantua, they resolved to spend some time there, in order to admire the performances of Julio Romano. A servant of the count of Brisach (who was then governor of that city) spoke of them to his master; on which the count sent for Carstens, who made known to him the motives of his journey, and the resources which he hoped to derive at Rome from the exercise of his art. The count shook his head at this. "At Rome," said he, "there are already a sufficient number of artists contending for the means of subsistence: you must not put any dependance on the Italians; the artists of that nation live on the purses of foreigners. It would be best for you to go to Milan; I will give you a letter of recom❤ mendation to one of my old fellow-soldiers, and if you get any money there, you can at any time easily proceed to Rome." Carstens followed this advice, but the letter of recommendation did not produce any great effect. It was addressed to general Stein, who, after reading it, threw it on the table, saying, "Indeed, I do not know what this old fool thinks of, in sending such people to me. My friends, I can do nothing for you: try to find better fortune elsewhere." These words affected Carstens with a lively grief. He thus found himself compelled to renounce an undertaking from which he anticipa ted the most brilliant success. The reflection of being now without money, in a country where he did not understand the language spoken, entirely depressed his spirits; and he saw no other course for him to adopt, than that of returning into Germany. After passing some days in admiring the magnificent pictures of Leonardo da Vinci, be set out with his brother, and having crossed mount St. Gothard on foot, they reached Zurich. Here Carstens made it the first object of his attention to pay a visit to Gessner, who has acquired a still higher reputation by his idylls than by his landscapes, though the latter are not without merit. Gessner received him with kindness; and, as our traveller was under the ne cesssity of selling several of his designs, he informed him of some proper persons for that purpose, to whom he gave him let ters of recommendation. One of these was Lavater: with him Carstens had a long dispute on the subject of the fine arts; |