POETRY.-Ode to Garibaldi, 706. The Country Church, 706. Shakspeare's Women, 768. The Golden Year, 768.

SHORT ARTICLES.-Bumptious and Gumption, 719. England at the close of the American War, 723. Dinner Etiquette, 723. Napoleon I. on the Divinity of Christ, 725. Etymologies, 730, 737, 739, 753, 758. Neapolitan Courage, 730. Mr. Bronte, 747. Miss Warner, 747. Holding up the Hand, 749. Spiriting Away, 753. Mottoes of Regiments, 758. The Dry Rot in Men, 758. High Life below Stairs, 765. The Fruit of the Forbidden Tree Poisonous, 765. J. G. Lockhart on Dr. Maginn, 767.

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From Fraser's Magazine.
ALEXIS DE TOCQUEVILLE.

IN MEMORIAM.

when the tide of invasion was to be turned back on France herself-when she was to find picquets of Cossacks encamped in the Champs Elysées and strange uniforms glittering in the streets of Paris.

Alexis de Tocqueville was old enough to remember these events, which produced a deep impression on his young mind. His first serious studies were made under the government of Louis XVIII., a restored king, himself a man of letters and a philosopher, and a liberal also, in a certain sense. A member of a family who had served the Bourbons, the father of young De Tocqueville witnessed the extinction of the Empire without any very poignant regrets. Like all intelligent and moderate men in France, the Baron de Tocqueville had seen the resources and wealth of France wasted in a fruitless attempt at universal dominion, and he was rejoiced to find that, at length, there was the hope of his countrymen enjoying a moderate and well-balanced representative govern

serious studies were resumed by the youth of France. Classical, historical, and economical prelections resumed their place in the general system of a liberal education, and were conjointly cultivated with the exact sciences, the objects of a too exclusive devotion during the time of the first Napoleon. Under this better and more civil system, Al

LIFE in this sublunary world derives its chief value from its use alone; and contemplated in this aspect of the great English moralist, there are few men in any country whose career was more precious, and whose existence was more valuable, in a public sense, than that of Alexis de Tocqueville, who expired on the 16th of April last, at Hyères, on the shores of the Mediterranean, in the fifty-fourth year of his age. He had been for a considerable while suffering from the progress of an insidious disease, but it was only within the last five or six months that his friends unwillingly and mournfully renounced all hope of his ultimate recovery. M. de Tocqueville was the son of the Baron de Tocqueville, a member of the Council General of the Oise, and President of the Agricultural Society of Compiègne. His father, a man of literary tastes, had distinguished himself as a statistician, economist, ment. With the return of peace, liberal and and administrator during the Empire and the Restoration, and had published at Compiègne more than one work connected with the moral and social economy of the Department of the Oise, in which he resided. In the earlier days of the Empire, amidst the triumphs of Marengo and the coronation of Milan, young Alexis was born, and ere he could lisp the words Papa or Maman, the battle of Auster-exis de Tocqueville was brought up. He was litz was gained, and the Austrians and Russians pursued, lépéc dans les reins, by the victorious French. For a period of full seven years the astonishing military successes of the Emperor of the French continued, and when young de Tocqueville had reached the age of reason, though the military prospects of his country were not so bright as in 1805 (the year of his birth), yet, still his country showed a bold front against coalesced Europe. In those days every young man in France was a soldier. No sooner did the boy of seven or eight escape from the hands of his bonne, than he was clad in the uniform of some military school or college, and drilled and disciplined as though the main, the only business of life were to fight battles and maintain sieges. Seven or eight years of this hard and merciless system had, with all its compensations of glory, somewhat dissatisfied France; and when the Russian campaign was fairly entered on in 1812, fathers of families became more and more desponding, and less hopeful of the result. France had then to maintain an aggressive war not only in Russia and Germany, but in Spain and Portugal, at a season, too, when the national instincts of all these hostile nations seemed roused to frenzy against the aggressor. The evil days at length came, in 1814 and 1815,

instructed in the literature of Greece and Rome, as well as in that of England; and history and political economy occupied a large share of his attention. In almost all the eighty-six departments of France there are a number of places connected with the magistracy which enjoy a high consideration. In the ancient monarchy of France, as well as under the restored Bourbons, the magis trature served to temper the severity of absolute power, and by its calmness and dignity formed a species of bulwark between the crown and the people. The names of L'Hos pital, of Molé, of Harlay, of D'Aguessau, of Seguier, and Malesherbes (from whom, on the mother's side, De Tocqueville descended) are associated with this order, and linked with memories most honorable to France. The family of De Tocqueville had, in past times, illustrated the gown, and under these cir cumstances it was not astonishing that the father of Alexis de Tocqueville should educate him for the law. He received all the varied instruction which could be supplied by the best professors, and was admitted a member of the French bar in 1825. In the following year of 1826 he was named Juge d'Instruction at Versailles. The functions of the Juge d'Instruction in France relate principally to crimes and punishments, to the col

lection and marshalling of proofs and evi- But there is reason to suppose that time and dence, and the arrest of those charged with experience somewhat modified his views, and illegal acts. For three years young De caused him to look on the system with less Tocqueville filled this onerous and unpleas- admiration. To the last, however, he reant office, and in the year 1830 he was named tained the highest opinion of Livingstone's Juge Suppléant, a position which he occupied merits as a great jurist, a walk in which he for more than a year. While filling these considered him second to none. employments, the attention of M. de Tocque- In 1833, De Tocqueville returned to Euville was considerably directed to the Peni- rope, and presented with his colleague their tentiary system. The Revolution of 1830 joint report on the penitentiary system. At had now placed on the throne of France the the close of the following year the first edihead of the younger Bourbons, in the person tion of his most valuable and profound work, of the Duke of Orleans, since Louis Philippe De la Démocratie en Amérique was given to I. A more liberal system of government the world. Not merely his own countrymen, than prevailed in the reign of Charles X. but England and the civilized world, were was speedily inaugurated, and some of the satisfied with the depth and originality of this most eminent and enlightened men in France masterly production. The style was clear, became ministers of the new dynasty. The the reasoning cogent, the illustrations striking; intelligence and intellect of the younger but chiefly remarkable was its spirit of sagacmembers of the French bar were speedily ity and forecast, indicating profound thought attracted to the new government. Some of and deep reflection. So popular and readaDe Tocqueville's friends, such as De Broglie, ble was a work many of whose disquisitions Guizot, and Dupin, had accepted office, and would, from the nature of the subject, be conthese names, combined with those of Laffitte, sidered dry, that at the beginning of 1836 the Perier, and Baron Louis, conciliated, and, volumes had already gone through five ediin a great degree, satisfied public opinion. tions, and a sixth was preparing for the press. Moderate and reasonable men saw that there Without doubt De la Démocratie en Amérique was a hope of improvements, moral and polit- is the best and profoundest work that has apical, and that the reign of brute force and peared on America. The ideas are just, and military tyranny was at end. The king and well expressed, the speculations are equally his ministers were desirous, as far as in them bold and sagacious, and the insight into the lay, to ameliorate the condition of the people, character of the people and the institutions of and, above all, of the lower classes. With the country almost marvellous. The volumes this view, Alexis de Tocqueville, conjointly of which we speak have been compared to the with Gustave de Beaumont, was despatched Esprit des Loix of Montesquieu, a work which on a mission to America. He and his col-cost its author twenty years of labor and releague were directed by the Ministry to in- flection. This is the highest compliment quire into the penitentiary system in the which could be conferred on M. de TocqueUnited States, with a view to its ultimate in- ville. troduction into France. M. de Tocqueville remained a couple of years in America, visiting the different States, and assidiously inquiring into the institutions of the country. In the United States he laid the foundation of some valuable friendships. Circumstances brought the young Frenchman much into contact with Mr. Edward Livingstone, then Secretary of State, and subsequently American Minister at Paris. Mr. Livingstone had greatly distinguished himself as an advocate, and had been appointed Attorney-General of the State of New York so carly as 1802. But his chief and brightest title to distinction was the having prepared the penal code of Louisiana, founded chiefly on the English and French laws. This code, at once simple and apparently humane, abolished capital punishment, for which the penitentiary system was substituted. At the first blush De Tocqueville was charmed with a code which harmonized with his philanthropic views-a code already partially adopted by the Brazils, and wholly by the Republic of Guatemala.

The literary societies of France were not slow to acknowledge the merits of so remarkable a production. The Academy of Moral and Political Sciences elected De Tocqueville in 1837 as member, in place of the learned metaphysician and philosopher, La Romiguiere, whom he resembled in the clearness, correctness, and elegance of his style, as well as in the purity and independence of his character, moral and political. Nor was this the only public recognition of his merits. In 1839 the town of Valogues, in the department of La Manche, sent this distinguished writer to the Chamber as its representative at a moment when the Eastern question became so menacing for Europe. M. de Tocqueville made his maiden speech in the Chamber on this question, and gave his vote for the credit destined to extend the French naval force in the Mediterranean. In respect to style and form the discourse was faultless. Patriotic in its sentiments and profound in some of its views, it was marred by a delivery too cold and calm to suit the popular taste. Graces of elocution

and utterance were also wanting. Of a languid and phlegmatic temperament, M. de Tocqueville wanted the verve and also the volume and silvery sweetness of voice necessary for a tribune of the people. Byron truly says in Don Juan,

"The devil hath not in all his quivers choice

An arrow for the heart like a sweet voice;' and the names of Berryer and Mauguin, of O'Connell and the late Sir William Follett, may be cited in confirmation of the truth of the remark. Graciousness, suavity, penetrativeness, subtlety, neatness, precision, and profundity, were the characteristics of M. de Tocqueville's style, and these finer qualities were not relished by the host of hearers in the ex-Chamber of Deputies any more than they would be relished in our own reformed House of Commons. It may not be out of place here to state that the French Cabinet did not, in 1839-40, act a straightforward part in this Eastern question. In seeking a European co-operation on the Turkish question against Russia, it flattered itself with the ultimate hope of finding a lever in London against a Russian occupation of Constantinople, and a lever at St. Petersburg against an English occupation of Alexandria. The superrefined cunning of Louis Philippe defeated his object, and laid his Cabinet open to the imputation of double dealing.

flatter the prince or to delude the people. On the contrary all was simple and straightforward, almost stern indeed, so wholly was the honest publicist" sans fard." But in hearing the accents of that somewhat feeble and passionless voice you felt convinced you were listening to an honorable and honest man,

a man of probity and patriotism, who had no private interests to serve. One could have wished his public manner had been a little more popular, and somewhat less didactic. But it is not for the sage and the philosopher to assume the disguises and to put on the wardrobe of smiles with which jury advocates and unprincipled demagogues gull and cajole their complaisant dupes.

In 1842 M. de Tocqueville succeeded the Count de Cessac,- one of the most honorable and scientific soldiers of France, to whom the success of Valmy was due, and a man who more than once effectively filled the office of Minister of War,-as a member of the French Academy.

But his position as one of the learned forty did not withdraw him from the Chamber of Deputies, where he continued to sit as deputy for Valogues till the fatal days of 1848. The sordid and shameless trafficking in places and employment in 1846 and 1847, as evidenced by the affairs of Drouillard, Cubieres, Teste, Pellapra, and Petit, roused the moral sense of M. de Tocqueville. He deDuring the course of this session M. de nounced this corrupt truck and barter system Tocqueville presented a report on the subject in indignant terms, touching on the moral of slavery in the colonies. This subject he side of the question with the hand of a mashad studied probably more profoundly than ter. Public morals, said he, in a mournful any other man in France. In the session of tone, are depraved, and private morals are 1841 he spoke more than once or twice on deteriorating to the lax level of public morthe Eastern question, always putting forth in- als. The sense of conscience is becoming genious views. He also addressed the Chamber feebler. It is true the working classes are on the question of deputies being at the same not troubled by political passions as they time public functionaries, and on the prison were formerly, but their politics have become question. In the session of 1842 he made an socialist. They no longer seek to upset such able speech on the "droit de visite," examin- a minister, to overthrow such and such a goving the question as an international lawyer ernment, but they wish to uproot and overand jurist. He also spoke on the Regency, turn society itself. When such opinions beand took the popular side on the questions of come prevalent and sink into the minds of secret service money and the Police de rou- the people, they produce sooner or later — lage. In the three or four subsequent sessions one knows not the moment- one knows not he chiefly addressed himself to the great topics how the most formidable revolutions. Subof prison discipline and popular education. sequently, on the discussion of the affairs of As a popular educator his theories were large, Switzerland on the 4th of February, M. de liberal, and eminently catholic, untinctured Tocqueville said with truth and prophetically, with those sectarian and ultramontane views" that he scented the wind of revolution; " which deformed the educational projects of and in about three weeks afterwards Louis more eloquent deputies. Philippe was a discrowned fugitive, and the Republic had been proclaimed.

The senatorial efforts of De Tocqueville in the five years between 1843 and 1848 were eminently distinguished by largeness of view and the sagacity and forecast which distinguished the statesman from the mere politiThere was nothing ad captandum in his manner, nothing said with a view to

cian.

--

In the National and Legislative Assemblies which succeeded to the monarchical government, M. de Tocqueville was returned for the department of La Manche. He uniformly voted with the moderate party, repudiating alike the views of ultra democrats and