THE SCOTCH CHURCH

From the Examiner.

|vernment could not interfere while the church of Scotland was in opposition to the law of the land; but that objection having been removed In the House of Commons, Monday, July 31, by the acts of the assembly, the present measure the second reading of the church of Scotland was now introduced, (Cheers.)-Mr. WALLACE benefices bill was moved, and Sir J. GRA-rose to oppose the bill, which, he said, so far HAM entered into a historical review of the ques-from removing doubts, would be the means of tion, from the time of the reformation down to exciting a litigation hitherto unknown. It sethe present time. From which it appears-1.cured the rights of the clergy, but destroyed That the exercise of lay patronage has existed (those of the people; and would involve the since the reformation, but that it has always been Queen in a violation of the coronation oath. viewed with great jealousy by the Presbyterian He moved that the bill be read a second time people of Scotland. 2. That the Presbyterian that day six months.-Mr. A. B. COCHRANE settlement of 1690 established, and substantially also objected to the bill.-Mr. RUTHERFORD folrecognized three rights, namely, the right of the lowed, expressing his surprise at the introducpatron to present, the right of congregations to tion of the bill at so late a period of the session. object, and the right of the Presbyteries, or Warmly eulogizing the conduct of the seceders, church courts, to consider and decide upon and who had acted from deep conscientious feeling, between the claims of the patron and the objec-as evinced by no less than two hundred licentions of the congregation. 3. That though, es-tiates voluntarily abandoning those prospects sentially, this has remained law and practice, which constituted the highest object of their the statute of Queen Anne, and subsequent ambition; he proceeded, in a lengthened and usage, gave power to the patrons, and diminished learned argument, to show that the original limor obscured the powers and rights of the people itations on the rights of lay patronage had not and of the church courts. 4. That the general been affected by subsequent enactments, as the assembly of the church of Scotland continued statute of Queen Anne, and that therefore the formally to protest against patronage, until the right of the people to object generally to a preyear 1784; but from that year, down to 1834, sentee, and of the church courts to sustain the no protest had been adopted by the assembly, objection, existed in law, of which the Veto act and patronage existed unquestioned and abso- of the assembly was an assertion. The bill prolute. 5. That on the revival of the anti-patron- fessed to be "declaratory," but where was the age spirit in Scotland, doubts existed as to the law to be found which it professed to "declare ?" interpretation of the right of the congregation Nay, if it were only declaratory, whence the to object; the law courts deciding, in the Auch-necessity of announcing the consent of the crown terarder case, that the right of objection was to the introduction of the measure? The bill confined to "life, learning, and doctrine," and was, in fact, "enactive;" it changed the constithat no presentee could be refused admission to tution of the church of Scotland, as secured by a charge, except on grounds narrowed to these statute; it interfered with the rights of patrons, considerations. 6. But by the passing of the and altered the internal government of the Veto act, the general assembly conferred on the church, by interfering with its judicatories; and people an absolute right of objecting to any in handing over the rights of the patrons to the presentee on any ground whatever, thereby over-church-the priesthood-it vested them in the throwing the legal rights of the patrons. 7. worst depositories which could be devised, for Hence arose the controversy-the Non-intru- "presbyter was but priest writ large." (Hear.) sionists claiming for the people and the church In the present temper of the people it would courts an entire and absolute right of rejection; only aggravate all its evils, and drive more of the and the law courts sustaining the rights of the members of the establishment from it. (Hear.) patrons, whose presentees were held to be "duly-Sir W. FOLLETT said the claims of the Nonqualified," and therefore entitled to the posses-intrusionists were such as no government could sion of their parishes, unless objected to on substantial grounds of "life, learning, or doctrine." 8. In 1840, the Earl of Aberdeen, himself a Presbyterian, brought in a bill to settle the controversy, by defining the rights both of patrons and of people, and of settling both on the old basis of the right of the patron to present, the right of the people to object, and the right and duty of the church courts to decide between patron and people. 9. That attempt having proved unsuccessful, the present government, on coming into office, could not stir until the Veto act of the assembly was rescinded, because they considered it as subverting the law of Scotland on the subject of patronage; but this being done, they proceeded to that settlement of the question which it is expected this bill will effect. The speech of Sir James Graham was occupied with the various details necessary to the elucidation of his argument. In answer to the objection, that the bill was "too late," he said that the go

sanction or satisfy. The present measure, whose object was the removing of doubts, was acceptable to the general assembly, and those adhering to the established church.-Lord J. RUSSELL said, that as the acknowledged learning and undisputed ability of the Solicitor-General had failed to answer the admirable speech of Mr. Rutherford, it was a convincing proof that there was something essentially wrong in the bill. The highest legal authorities of the House of Lords had protested against the bill as being "declaratory" of that which was not the law of Scotland; but a political majority, in order to testify their regard for Lord Aberdeen, and their confidence in his management of our foreign affairs, supported the bill, and overthrew solemn judicial decisions. (Hear.)-Sir G. CLERK followed, re-stating the points urged in the Solicitor-General's speech.--Mr. F. MAULE, speaking on his own behalf and of those who, like him, have seceded with extreme sorrow, from the

And the Spring may breathe on our hearts no more, temperature of the engine-room is kept cool.-Athe

NIEBUHR'S POSTHUMOUS WORKS.

From the Foreign Quarterly Review.

Barthold George Niebuhr was born at Copenhagen on the 27th of August, 1776. His father, Carsten Niebuhr, the celebrated Nachgelassene Schriften B. G. NIEBUHR's traveller, had resided in that capital since nicht-philologischen Inhalts. (Posthu-his return from the East; but in 1778 he mous Works of B. G. NIEBUHR, other removed to Meldorf, in Holstein, once a than Philological.) Hamburg: Perthes. principal town in the Republic of Dith

1842.

marsch, where for the rest of his life he WE believe that no modern biographical remained as Landschreiber, or collector of publication has excited so deep and gene- the revenues. He was a man of extraordiral an interest as the Life and Letters of nary energy, accurate in observation, and Niebuhr,' (Lebensnachrichten,) which ap- thoroughly practical in character; but his peared about five years ago. The judg- own early education had been neglected, ment displayed in the compilation of the and he could contribute little to the vast work is worthy of the rich materials on amount of knowledge which his son began which it is exercised. The curiosity of from his childhood to collect. He taught the studious and learned to know the cir- him, however, to speak French and English, cumstances that attended the development and gave him valuable instructions in geogof his marvellous historical capacity is fully raphy, his own favorite science. Above all, gratified, and we are not aware of any let-he impressed him with an early interest in ters or memoirs which so fully illustrate contemporary history, and with a view to the political events of the time. But the an appointment which he hoped to procure book has a higher value still, as a picture for him as a writer in the service of the East of Niebuhr in his individual character, India Company, he provided him with a and in his social and domestic relations. constant supply of English newspapers. His letters are tender and communica- The future historian received no direct phitive from the warmth of his nature; and lological tuition except during part of his on serious subjects, although the best of thirteenth year, under Jäger, who was masthem are addressed to a woman His first ter of the school at Meldorf. Yet, when wife, and her sister Dorè Hensler, who was he left his father's house at the age of eighhis chief correspondent, were fortunately for teen, for the University of Kiel, he was him not among the multitude of well-mean- already a widely-read scholar, and an origi. ing women, who cultivate a frivolous indif-nal speculator in history and politics. His ference to every pursuit which can interest delicate health had made him sedentary, a reasonable man beyond the narrow limits and his boyhood had been spent among of his own domestic circle. books. Through life the strength of his Those who are already familiar with Nie-memory enabled him to retain whatever he buhr's personal history will find in the vol- read, and it was probably fortunate that his ume before us an interesting supplement to unguided taste led him to study original the Lebensnachrichten; but its character is authors only, where teachers would have not directly biographical. More than half led him to dissipate his attention among the of it consists of letters descriptive of Hol-labors of commentators. But he always reland, which he wrote to his family in Holstein, during his residence on a financial mission to Amsterdam, in 1808 and 1809. The remainder of the collection contains political essays, written at different periods of his life from 1806 to 1830. The account of Holland probably retains a great part of its original value: the shorter essays belong He occupied two years at Kiel in severe more exclusively to their own time, and study, and in 1790 became private secrethough still instructive partake of the obso-tary to Schimmelmann, the Minister of Fileteness of fulfilled or unfulfilled prophecies. nance at Copenhagen; soon afterward he Whatever Niebuhr wrote was so thoroughly accepted an appointment in the Royal Licharacteristic of himself, that every part of the publication tends almost equally to illustrate his life and opinions, and requires some knowledge of his history before it can be fully appreciated. A slight biographical sketch will, therefore, not be foreign to our present purpose.

gretted his bookish education. It had made him, as he knew, in childhood altklug, too old for his age. It had cut one essential portion out of his life, and it was probably the cause of a certain stiffness and intolerance, which seems to us not unfrequently to accompany his judgment of men and things.

brary, and after pursuing his studies there for some time, determined to complete his education in England, and arrived there in the summer of 1798. His professed object was to become acquainted with practical life on the only existing field of free political action; but his early habits prevailed.

He soon left England for Edinburgh, and tiquity, and wrote or commenced essays on pertinaciously preferred books and lectures, various subjects, one of which contained. which he might have found on the Conti- the principle of his great discovery of the nent, to the opportunities which offered tenure of the public lands of Rome, and of themselves of observing actual life. In the purpose of the different agrarian laws. 1799 he returned to Holstein, and in a few His first publication was a notice of the Life months afterwards settled for a second time of William Leyel, a governor, during the at Copenhagen, with the office of assessor seventeenth century, of the Danish possesin the commercial department of East India sions in India. The volume of Posthumous affairs, and secretary to the commission for Works contains a translation of the Danish the affairs of Barbary. At the same time original, which appeared in a periodical, he married Amalie Behrens, to whom he called 'Det Skandinaviske Litteraturselhad been betrothed before his visit to Eng-skabs Skrifter,' in 1805. His next work land. She was the sister of Dorè Hensler, was a German translation of the first Phiwith whom Niebuhr had formed a friend- lippic of Demosthenes, written after the ship at Kiel, in the house of Professor defeat of Austria and Russia at Austerlitz, Hensler, the father of her deceased hus- with a feeling of the imminent danger imband. There was never a more fortunate union. His wife interested herself in all Niebuhr's schemes, in his studies, and his historical speculations, and fully shared in the public anxieties which henceforth, for many years, engrossed a great portion of his thoughts.

pending over Europe from the Philip of modern times. Twenty-five years afterwards, when the Revolution of July renewed the fear of French aggression in Germany, the translation was remembered by his friends, and reprinted. Personal discontent with Schimmelmann, and a growing desire to identify himself with the national struggle of Germany against Napoleon, induced him to accept an offer of the post of joint bank director at Berlin, under Stein, who was at that time finance minister; and he arrived at Berlin in October, 1806, a few days before the battle of Jena. Immediately afterwards all official persons were obliged to leave the capital to escape the French, and Niebuhr accompanied Stein to Königsberg, Dantzic, and the head quar

His deep hatred of France must have increased the anxiety and regret which accompanied his first actual experience of the evils of the European war, when Denmark, by joining the coalition of the North, incurred the hostility of England. In March, 1801, the approach of the English fleet was known at Copenhagen, and Niebuhr shared in the hopes of the Danes, that their desperate courage might succeed. His letters at the time are singularly interesting to an Englishman. On the 24th of March, heters of the army of Bartenstein, where he anticipates from the presence of Nelson, a furious attack on the port. Four days afterwards, he relies in some degree on the impracticability of the channels, and the rapid progress of the batteries. On the 3d of April, he relates how the English had surveyed the navigation, found new channels, marked them out with buoys, turned the defences, and fought the battle, which was as honorable to the courage of the defeated party, as to the skill and daring of Nelson.

was engaged in the financial and commissariat department. The battle of Friedland, in May, 1807, drove the court over the Russian border, and Niebuhr was induced by the earnest entreaty of Hardenberg to accompany them to Riga. The treaty of Tilsit, in July, occasioned the dismissal of the prime minister, and Niebuhr became a member of a commission for conducting the administration till the return of Stein to the head of affairs.

In the universal depression of the time, When this temporary disturbance had it was evident that the most pressing busipassed away, Niebuhr resumed his course ness was to find money for the subsidy, of official and intellectual activity. In 1803 which the French demanded as the conhe was employed on a financial mission in dition of evacuating the remaining dodifferent parts of Germany; and in the fol- minions of Prussia, and Stein selected Nielowing year he became a member of the buhr for a mission to Holland, for the purboard for the affairs of Barbary, and direct-pose of negotiating a loan. In November or of the government bank. During the same he left Memel, with his wife, for Berlin and period, although his days were occupied Hamburg, and after a short visit to his rewith business, and a great part of his even-lations in Holstein, arrived in Amsterdam ings in reading aloud to his wife, he ac-in March, 1808. With his characteristic quired a considerable knowledge of Arabic, love of knowledge, he had found the means, continued his investigations of Roman an- in Riga and Memel, of learning the Russian