recent article in the New York Courrier des Etats-Unis, which is generally regarded as the organ in this country of Napoleon III. Under the heading of "Banditism in the United States," the Courrier of February 21 devotes over two columns to what it would have its European readers regard as the hopelessly wretched condition of our country. "In despite," says the editor, "of the cry of alarm which is raised in all parts, and of the protestations of public opinion against the powerlessness or the connivance of the authorities charged with the administration of justice, crime flourishes more and more, and installs itself more or less cynically in open-day over the whole surface of the United States."*

Not content with giving as gloomy a picture of us himself as possible, the editor of the Courrier avails himself of the assistance of another French journal. He quotes an elaborate article from the Abeille of New Orleans to show what ridiculous illusions the liberal journalists of Europe labor under in speaking of the success of democratic institutions in the great republic of the west.t

The Courrier concludes its portrait by an alphabetical list of nineteen states, showing the number of murders committed in each during the month of January. Now, when it is borne in mind that much pains as the Courrier takes to show the discontented at home that they should not be discontented with monarchy or imperialism, there are journals printed in other languages that take still more pains, and are much more offensive in their comments on the manners, customs, and morals of the American people. Such a list as that alluded to undoubtedly looks bad; nor can it be denied that the crimes recorded in it have, in general, been committed as represented. But if a similar list were made of all the French departments, or of all the English shires or counties, the difference between it and ours would not be

*"En dépit du cri d'alarme qui s'élève de toutes parts et des protestations de l'opinion publique contre l'impuissance ou la connivance des autorités chargées de rendre la justice, le crime fleurit de plus en plus et s'étale de plus en plus cyniquement au grand jour sur toute la surface des Etats-Unis."

"Tandis que la corruption et la vénalité, dit l'Abeille, s'étalent au grand jour avec un cynisme sans pareil, dans les sphères gouvernemen

so great as such journals as the Courrier would have the world believe. Had such lists been taken after Napoleon was sent to St. Helena, so that they could be compared with our list of the present day-bad and startling as the latter unquestionably is—it would have appeared common-place in comparison with either of the former.

Besides, if we were in a recriminative mood, we could point out some occurrences which took place in the streets of Paris not a quarter of a century ago, in which more were killed in three days than would be sufficient to form fifty such lists as that given by the Courrier for the whole United States! Unfortunate as New York is as to the uncertainty of life, it must be admitted that more blood has been shed in the French capital in one day, than has ever been shed in New York; and it must also be admitted that either the Paris judges were powerless to prevent that bloodshed, or to punish those who were guilty of it, or otherwise they themselves were guilty of just such "connivance" as that which the Courrier attributes to American judges. Yet far be it from us to say that France is badly governed at the present day, or that there is any serious danger of its losing its prestige as occupying the highest rank among the greatest and most enlightened nations. Our European friends should remember that it has long been the habit of several European governments to send many of their worst malefactors to this country, in order to get rid of them. We do not mean that they sentence or compel them to come, but that they pardon and liberate them on condition that they go to the United States; and as a further inducement, they frequently pay their passage. There is no intelligent observant person who has spent one year in any of the principal countries of Europe who is not aware of this. We have ourselves seen many instances of it; and how often tales et administratives, aux Etats-Unis, le banditisme prend ses ébats dans toutes les grandes villes avec la hardiesse que donne l'impunité."

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"Ce tableau de la société Americaine donne, nous en sommes bien fâché, un démenti aux coups d'ensensoir que la presse européenne ne cesse de lancer à l'addresse de cette république d'outre-mer, que nos confrères du Vieux-Monde ne paraissent apecevoir qu'à travers le prisme décevant des plus flatteuses illusions."

have our foreign consuls warned our authorities that such shipments were about to be made. There can be no question, then, that large numbers of criminals are sent to this country from time to time by European governments; and is it not equally unquestionable that a large number come of their own accord, in order to avoid detection and punishment? Nothing is more common in any of the maritime countries of Europe than to hear that a particular robber, murderer, or assassin has succeeded in evading the vigilance of the police, and got on board a vessel bound for the United States; and in nine cases out of ten thé authorities come to the conclusion, without, of course, making the fact known to the public, that it is just as well they escaped, or at least that it would be hardly worth while to pursue them, etc.

The number of this class that reach our shores annually is greater than any European journalist would be likely to believe, however familiar he may be with the habit of his government in this respect; indeed there are very few of even the most intelligent of our own people that are prepared to believe that the number is one-tenth as great as it is. At least threefourths of these various kinds of malefactors-the outcasts of several kingdoms and empires-land in New York, because the largest and most important of our cities. For the same reason the large majority remain in New York. The consequences of this are so obvious that it is almost superfluous to mention them.

Would it not be a wonder, under such circumstances, if the United States were free from crime? Would it not be almost miraculous if the prevalence of crime in New York were not such as to occasionally excite the most serious alarm among our citizens? The latter question we propose to the journalists of Boston, Philadelphia, and other large American cities, as well as to the organs of European governments at home and abroad; for the latter as well as the former are prone to judge New York, illogically and unjustly.

It is true that this sort of immigration of criminals is more or less incident to every new country, whose condition is flourishing. For nearly two centuries ancient Rome was the

receptacle of the worst malefactors of all nations;* but much as crime prevailed in consequence, it did not prevent her from becoming the mistress of the world. For more than a century Carthage continued to offer an asylum to the criminals, not only of Tyre and Sidon, but also to those of Egypt and Nubia, and finally, when she succumbed, it was to a nation still more liberal and more cosmopolitan than herself.

It will be admitted that we never shrink from criticising whatever we think deserves to be criticised in our country; we think it will also be admitted that we never criticise any particular institution, individual, party, or sect, because it happens to be popular to do so. In other words, we do not assail a party, because they are assailed by a whole crowd; to do so when there is at least some doubt as to the party assailed being guilty of the offence laid to their charge, would be unmanly as well as unjust on our part.

This is our view of the hue-and-cry which is so popular at the present moment against our judiciary. Far be it from us to maintain that all our judges are immaculate; on the contrary, we hold that several of them are incompetent for the positions they occupy; but in our opinion the majority of the judges of our higher courts will compare favorably both in ability and intelligence with the judges of the corresponding courts in any of the great cities of Europe. Nor have we formed that opinion without having had opportunities of informing ourselves on the subject; we know at least as much of the European judges as we do of the American judges. Without having ever been before either, as defendant, plaintiff, or even witness, we have often witnessed the proceedings of both for days in succession. Altogether, independently of our duties as journalists, we have always taken a lively interest in the intellectual efforts of both the bar and the bench, and we have sought in the same spirit to make ourselves acquainted with the views of those who have written books on the jurisprudence of different nations. It is precisely because we

* Vide Livy and Sallust.

have had these opportunities, and have availed ourselves of them to the best of our ability, that we have never taken part in any attack on the bench or the bar of this country, or of any of its states or cities.

It is true that we are opposed to the election of judges by the class of persons who chiefly vote in this country, especially in New York. We are decidedly opposed to the political influence brought to bear upon the election of our judges. At the same time, we cannot forget that a European barrister is rarely, if ever, raised to the bench except through his political influence. We have never known an instance of the appointment of a judge merely on account of his learning or ability as a jurist. No English barrister, for example, need expect ever to reach the bench, no matter how learned or eloquent he is, except he be a zealous supporter of the party in power. If, upon the other hand, he is sufficiently imbued with this partisan zeal, it is by no means essential that he should be either learned or eloquent. The only necessary condition of this kind is, that the candidate must be a lawyer at least by courtesy. The only exceptions we have known to this rule have occurred in one or two cases in which the government thought it would be advisable to place popular leaders on the bench, as a means of securing their influence.

Since this is undeniably the course pursued in England, it is almost needless to say that no appointments to the Irish bench are ever made through any higher motive than political influence. That, notwithstanding all this, great jurists, and honest and impartial men, find their way to the bench in · both countries, far be it from us to deny. But if political influence does not corrupt all the European judges, why should it be held to corrupt all American judges? So far as our observation and careful inquiries enable us to form an opinion, it has a worse effect upon the former than on the latter. The principal ground upon which we make this statement is, that, whatever may be the fault of American judges, we have never known the worst of them to aid in packing juries; still less have we known them to give such charges as would be most likely to secure convictions, in order